Course Schedule

This course examines the role of two important actors in our criminal justice system- police and prosecutors.  We will explore the discretion that both these actors have, as well as the legal and professional rules that govern their behavior.  We will discuss the advantages and disadvantages of these rules and critique the adequacy of these rules to hold these actors accountable to the public. This course exposes students to the underlying rationale for many of the current proposals for criminal justice reform related to the use of independent prosecutors, use of force standards for police, qualified immunity, racial profiling, municipal liabilty, civil suit, criminal prosecutions, the use of technology and law enforcement, etc.

The learning objectives for the course are below: 

• Articulate the role and responsibilities of prosecutors and police officers in the United States;
• Identify various models of policing and forms of prosecutorial and police misconduct;
• Identify legal claims that victims of such misconduct might bring against prosecutors and police officers and anticipate and evaluate defenses to the aforementioned claims.
• Identify the merits and disadvantages of discretion in the criminal justice system;
• Evaluate current mechanisms used to constrain discretion in the criminal justice system;
• Think critically about various models used to hold prosecutors and police officers accountable for their conduct.
• Apply the aforementioned principles to recent examples of alleged prosecutorial and police misconduct and develop recommendations for reform.

The paper is 75% and class participation is 25% (class participation is based on an-class presentation and weekly journal entries) 

Enforcing contracts we enter into is fair, we are told, because we have consented to their terms. But what is consent? Is consent possible under circumstances of extreme ignorance, including ignorance of facts and relevant law? And what considerations ought to determine the scope of our consensual commitments, even when freely made? Can reflection on these abstract questions help us understand the law of contract? Can it help judges do their jobs better as interpreters? And do judges presuppose, knowingly or not, controversial notions about the nature and value of consent when applying contract law's doctrines or interpreting contracts? These and related questions will be the focus of our seminar, which includes reading recent philosophical and empirical work on consent, as well as recent case law that presupposes or engages with these thorny issues.

Enforcing contracts we enter into is fair, we are told, because we have consented to their terms. But what is consent? Is consent possible under circumstances of extreme ignorance, including ignorance of facts and relevant law? And what considerations ought to determine the scope of our consensual commitments, even when freely made? Can reflection on these abstract questions help us understand the law of contract? Can it help judges do their jobs better as interpreters? And do judges presuppose, knowingly or not, highly controversial notions about the nature and value of consent when applying contract law's doctrines or interpreting contracts? These and related questions will be the focus of our seminar, which includes reading recent philosophical and empirical work on consent, as well as recent case law that presupposes or engages with these thorny issues.

This seminar will be a study of philosophical questions concerning punishment and responsibility in the criminal law. These questions include the nature of punishment, its justification, proportionality,  the compatibility of criminal responsibility with a scientific world view, and the compatibility of mens rea as a condition of criminality with deterrence as an aim of punishment.

This seminar will be a study of philosophical questions concerning punishment and responsibility in the criminal law. These questions include the nature of punishment, its justification, proportionality,  the compatibility of criminal responsibility with a scientific world view, and the compatibility of mens rea as a condition of criminality with deterrence as an aim of punishment.

In this seminar we will explore the various mechanisms through which the public can regulate and shape the conduct of local police. We will consider the role of both federal and state constitutional law, as well as litigation more broadly in addressing police misconduct (including the role of attorneys and plaintiffs, immunity doctrines, and financial incentives that shape municipal decision-making). We also will consider the role of other actors, including state legislators and state oversight agencies (e.g. licensing boards and state attorneys’ general); local oversight bodies; municipal insurers; and the federal government. Readings will include scholarly articles, judicial opinions, investigative reports, and proposed and enacted policies and legislation. Criminal Procedure (Investigations) is not a formal pre-requisite but is strongly encouraged.

In this seminar we will explore the various mechanisms through which the public can regulate and shape the conduct of local police. We will consider the role of both federal and state constitutional law, as well as litigation more broadly in addressing police misconduct (including the role of attorneys and plaintiffs, immunity doctrines, and financial incentives that shape municipal decision-making). We also will consider the role of other actors, including state legislators and state oversight agencies (e.g. licensing boards and state attorneys’ general); local oversight bodies; municipal insurers; and the federal government. Readings will include scholarly articles, judicial opinions, investigative reports, and proposed and enacted policies and legislation. Students are expected to participate actively in each week's discussion, to submit periodic reading reflections/questions, and to complete original research which may take the form of either a traditional seminar paper or a policy brief.

Political parties play an essential role in our democracy.  But they sit in an uneasy position in the legal framework that regulates our elections.  On the one hand, as expressive organizations of private citizens, political parties can claim First Amendment rights of speech and association.  On the other hand, as critical pieces of the electoral machinery, they have obligations not to infringe on the fundamental rights of voters.  And at a time when partisanship and polarization are high, political parties appear surprisingly weak as institutions.  This seminar will examine the role of political parties in the law of democracy. It will consider their rise against the background of a Constitution that contemplates no role for them, their sometimes sordid relationship with minority representation, and the functions they play in organizing representation and governance.  We will read leading Supreme Court cases, foundational political science literature, and recent legal scholarship on political parties.  We will consider whether political parties have contributed to, or been victims of, polarization, how the law shapes the political environment, and the role of political parties in presidential elections adn our constitutional system more broadly.

Political parties play an essential role in our democracy.  But they sit in an uneasy position in the legal framework that regulates our elections.  On the one hand, as expressive organizations of private citizens, political parties can claim First Amendment rights of speech and association.  On the other hand, as critical pieces of the electoral machinery, they have obligations not to infringe on the fundamental rights of voters.  And at a time when partisanship and polarization are high, political parties appear surprisingly weak as institutions.  This seminar will examine the role of political parties in the law of democracy. It will consider their rise against the background of a Constitution that contemplates no role for them, their sometimes sordid relationship with minority representation, and the functions they play in organizing representation and governance.  We will read leading Supreme Court cases, foundational political science literature, and recent legal scholarship on political parties.  We will consider whether political parties have contributed to, or been victims of, polarization, how the law shapes the political environment, and the role of political parties in presidential elections adn our constitutional system more broadly.

Political parties play an essential role in our democracy.  But they sit in an uneasy position in the legal framework that regulates our elections.  On the one hand, as expressive organizations of private citizens, political parties can claim First Amendment rights of speech and association.  On the other hand, as critical pieces of the electoral machinery, they have obligations not to infringe on the fundamental rights of voters.  And at a time when partisanship and polarization are high, political parties appear surprisingly weak as institutions.  This seminar will examine the role of political parties in the law of democracy. It will consider their rise against the background of a Constitution that contemplates no role for them, their sometimes sordid relationship with minority representation, and the functions they play in organizing representation and governance.  We will read leading Supreme Court cases, foundational political science literature, and recent legal scholarship on political parties.  We will consider whether political parties have contributed to, or been victims of, polarization, how the law shapes the political environment, and the role of political parties in presidential elections adn our constitutional system more broadly.

We will consider the ethical foundations of law and politics, focusing on the moral and intellectual virtues.  The questions we consider are of interest to philosophers of politics and jurisprudence, constitutional scholars, political scientists, legislators, and jurists.  The approach is partly historical, partly contemporary.

Most of our ancestors took for granted that it was impossible to organize a decent legal and political order without a certain kind of character on the part of the citizens and the rulers.  Some thought we inevitably get the government we deserve; others thought that certain constitutional devices could ‘stretch’ virtue, so that it might be possible to get a somewhat better government than we deserve (for example, with the help of checks and balances).  Not until Hume did it became common to suppose that a well-designed regime is not particularly reliant on virtue at all.  On this view, arguably, it should have been easier than it has been to promote republican government in countries that are not accustomed to it.

I am primarily an ethical and political theorist, rather than a jurisprude, a historian, or a number cruncher.  However, I invite students who identify with a variety of approaches.

We will consider the ethical foundations of law and politics, focusing on the moral virtues. These are questions not just of law and political science in the narrow sense, but of political philosophy. The approach is partly historical, partly contemporary. Most of our ancestors took for granted that it was impossible to organize a decent political order without a certain kind of character on the part of the citizens and the rulers. Some thought we inevitably get the government we deserve; others thought that certain constitutional devices could ‘stretch’ virtue, so that it might be possible to get a somewhat better government than we deserve (for example, with the help of checks and balances). Not until Hume did it became common to suppose that a well-designed regime is not particularly reliant on virtue at all. On this view, arguably, it should have been easier than it has been to promote republican government in countries that are not accustomed to it. I am primarily an ethical and political theorist, rather than a jurisprude, a historian, or a number cruncher. However, I invite students who identify with a variety of approaches. There will be one term essay, 30-50 pp. as per Law School writing seminar standards, as well as weekly reflections of one page per week.

Respect for precedent is a cornerstone of the U.S. legal system. But the details about how precedent works—and how advocates and judges use it to persuade each other—don’t always receive focused attention. 

This seminar will explore the nature of precedent from both theoretical and practical perspectives. In the first part of the course, we will consider theoretical questions about the nature of precedent: Why have a system of precedent? What exactly is precedent? And how does it bind future decisionmakers (…or does it)? In the second part of the course, we’ll take a more practical approach, reading briefs and judicial decisions to see how advocates and judges invoke precedent to justify their positions and persuade others that their views of the law are correct.  

Evaluation will be based on class participation and a final paper. 

Respect for precedent is a cornerstone of the U.S. legal system. But the details about how precedent works—and how advocates and judges use it to persuade each other—don’t always receive focused attention. 

This seminar will explore the nature of precedent from both theoretical and practical perspectives. In the first part of the course, we will consider theoretical questions about the nature of precedent: Why have a system of precedent? What exactly is precedent? And how does it bind future decisionmakers (…or does it)? In the second part of the course, we’ll take a more practical approach, reading briefs and judicial decisions to see how advocates and judges invoke precedent to justify their positions and persuade others that their views of the law are correct.  

Evaluation will be based on class participation and a final paper. 

The purpose of this course is to expose students to the evolution of information warfare, from the 1700s to current day. The course will examine key regulations, including the First Amendment and Section 230, the utilization of propaganda campaigns, the psychology behind how they work, and the historical implications. The course will then look at the advent of social media and algorithmic optimization to facilitate and accelerate the reach and impact. Finally, students will discuss where this will lead in the coming years and explore potential policy solutions across intelligence tools and strengthening critical thinking, as well as the legal implications including privacy laws, internet regulations, and national security implications. Please note that this is a writing seminar, with the final project being a paper between 30-50 pages long.

The purpose of this course is to expose students to the evolution of information warfare, from the 1700s to current day. The course will examine key regulations, including the First Amendment and Section 230, the utilization of propaganda campaigns, the psychology behind how they work, and the historical implications. The course will then look at the advent of social media and algorithmic optimization to facilitate and accelerate the reach and impact. Finally, students will discuss where this will lead in the coming years and explore potential policy solutions across intelligence tools and strengthening critical thinking, as well as the legal implications including privacy laws, internet regulations, and national security implications. Please note that this is a writing seminar, with the final project being a paper between 30-50 pages long.

The purpose of this course is to expose students to the evolution of information warfare, from the 1700s to current day.  The course will examine propaganda and disinformation campaigns, the psychology behind how they work and how they became central to both the Cold War and political elections.  The course will then look at the advent of social media and algorithmic optimization to facilitate and accelerate the reach and impact.  Students will explore the impact on both United States and global events such as Brexit and the French Presidential Elections.  Finally, students will discuss where this will lead in the coming years and explore potential policy solutions across intelligence tools and strengthening critical thinking, as well as the legal implications including privacy laws, internet regulations and national security implications.

Please note that this is a writing seminar, with the final project being a paper between 30-50 pages long. 

The purpose of this course is to expose students to the evolution of information warfare, from the 1700s to current day.  The course will examine propaganda and disinformation campaigns, the psychology behind how they work and how they became central to both the Cold War and political elections.  The course will then look at the advent of social media and algorithmic optimization to facilitate and accelerate the reach and impact.  Students will explore the impact on both United States and global events such as Brexit and the French Presidential Elections.  Finally, students will discuss where this will lead in the coming years and explore potential policy solutions across intelligence tools and strengthening critical thinking, as well as the legal implications including privacy laws, internet regulations and national security implications.

Please note that this is a writing seminar, with the final project being a paper between 30-50 pages long. 

The purpose of this course is to expose students to the evolution of information warfare, from the 1700s to current day.  The course will examine propaganda and disinformation campaigns, the psychology behind how they work and how they became central to both the Cold War and political elections.  The course will then look at the advent of social media and algorithmic optimization to facilitate and accelerate the reach and impact.  Students will explore the impact on both United States and global events such as Brexit and the French Presidential Elections.  Finally, students will discuss where this will lead in the coming years and explore potential policy solutions across intelligence tools and strengthening critical thinking, as well as the legal implications including privacy laws, internet regulations and national security implications.

Please note that this is a writing seminar, with the final project being a paper between 30-50 pages long. 

This seminar will explore fundamental questions concerning the nature and justification of private property. These questions include how to conceptualize the right to property and what it should be understood to encompass; whether property rights should be conceived as natural or conventional in character; how the recognition and enforcement of property rights can best be justified; how property rights may be legitimately acquired and transferred; the status of property rights relative to other considerations and the permissibility of interference with property by the state or other private actors; the kinds of things that it is appropriate or desirable to treat as property; and the merits of private ownership as compared to alternative systems of resource management. We will engage with both classic philosophical treatments of property and recent theoretical work on the law of property.

The distinction between the public and the private is one of the most fundamental concepts in liberal legal orders, carrying significant legal implications. For example, whether an entity is classified as “public” (or, conversely, as “private”) impacts its rights, powers, duties, and responsibilities. Entities may be permitted or restricted from certain actions simply based on their classification as public or private. Moreover, there are actions that only private entities can undertake or refrain from, due to their private nature. Yet, the public/private distinction is often poorly understood. As a result, some reject it altogether, while others mischaracterize it. The overall purpose of this seminar is to develop a deeper understanding of the public/private distinction by examining relevant legal doctrines and their underlying normative considerations. We will focus on key areas of public and private law, while also analyzing pressing questions such as the role of AI in making binding decisions, the regulation of social media in a democracy, the legitimacy of punitive damages in tort law, and anti-privatization doctrines in property and contract law.

Race continues to play a central role in American life and no where is this more present that in the legal profession. This course will help lawyers raise their level of cultural intelligence and in the process it will make them more effective at their jobs. Students who take this course will understand how race plays itself out in the courtroom, during a deposition, during discovery, when writing appeals, during jury selection, in conversation with both the senior and junior partners of the firm, during arbitration, when hiring expert witnesses, during complex legal transactions, and with meeting opposing counsel. 

This writing seminar will examine international and domestic refugee law and policy in a time of constant change in the worldwide refugee protection system. Drawing on international and comparative law norms, as well as United States law, the course equips students to undertake both sophisticated legal analysis and advocacy in this field. The seminar will trace the development of the U.N. Refugee Convention and U.S. asylum law, including the Refugee Act of 1980. Students will discuss the institutional frameworks for making refugee claims and will consider the roles of key actors, such as the U.N. High Commissioner for Refugees and the U.S. Department of Homeland Security. Students in the seminar will discuss the refugee definition and the grounds of eligibility for protection (race, religion, nationality, political opinion and social group) that are applicable worldwide. The course will ask students to consider whether the existing refugee definition encompasses claims based on gender-based harms, gang violence, and climate displacement. Students will also assess legal and institutional efforts to respond to the situation of forced migrants who do not fit within the refugee definition. In addition, the seminar will examine the procedures for seeking refugee status and the adequacy of the protections offered to forced migrants. Finally, students will consider policies and practices regarding detention of applicants for protection and integration of refugees into the socio-economic fabric of their host countries. Throughout the course, students will be asked to evaluate how well legal systems balance humanitarian goals and other interests relating to national security and integrity of protection systems. A significant portion of students' grades for the course will be based upon completion of a final seminar paper (minimum 25 double-spaced pages, inclusive of footnotes). Each student will also write several shorter reflection papers (2-3 pages) throughout the semester, which will be considered in assigning the final grade. In addition, class participation will be an important component for grading purposes.

This writing seminar will examine international and domestic refugee law and policy. Drawing on international and comparative jurisprudence, as well as United States law, the course situates refugee law in its global context and equips students to undertake both sophisticated legal analysis and advocacy in this field. The seminar will trace the development of the U.N. Refugee Convention and U.S. asylum law, including the Refugee Act of 1980. Students will discuss the institutional frameworks for making refugee claims and will consider the roles of key actors, such as the U.N. High Commissioner for Refugees and the U.S. Department of Homeland Security. Students in the seminar will discuss the refugee definition and the grounds of eligibility for protection (race, religion, nationality, political opinion and social group) that are applicable worldwide, with a special emphasis on cutting-edge claims involving gang violence and gender-based harm. Students will also assess legal and institutional efforts to respond to the situation of other forced migrants who do not fit within the refugee definition. In addition, the seminar will examine the procedures for seeking refugee status and the adequacy of the protections offered to forced migrants. Finally, students will consider policies and practices regarding detention of applicants for protection and integration of refugees into the socio-economic fabric of their host countries. A significant portion of students' grades for the course will be based upon completion of a final seminar paper (minimum 25 double-spaced pages, inclusive of footnotes). Each student will also write several shorter reflection papers (2-3 pages) throughout the semester, which will be considered in assigning the final grade. In addition, class participation will be an important component for grading purposes.