Course Schedule
Classes Found
SMNR: Legal Liberalism
- TUE 3:45 – 5:35 pm TNH 3.124
Course Information
- Course ID:
- 397S
- Cross-listed with:
- Other school
Registration Information
- Upperclass-only elective
Description
In my usage, “legal liberalism” refers to a jurisprudential position on the content and structure of valid legal argument in a society that is committed to instantiating a liberal conception of justice. I believe that the United State is such a society, know that post-World-War-II Germany is such a society, and think that many other countries are so as well. Legal liberalism claims that in such societies arguments that examine the concrete extensions of liberalism (of its placing a lexically-highest value on those moral-rights bearers for whom it is responsible being treated with appropriate, equal respect and concern) are not only generically legally valid but are dominant. Such arguments are dominant in the sense that (1) they control both the legal validity of other modes of argument that legal actors have used to identify the answer to legal-rights questions that are correct, not incorrect, or wrong as a matter of law and the variants of these other modes of legal argument that are valid and (2) with one limited exception, they determine the answer to any legal-rights question to which they are applicable that is correct as a matter of law.
The writing seminar will begin by discussing various moral concepts and delineating two philosophically-informed empirical protocols for identifying respectively the moral category to which a particular society belongs and the moral norm to whose instantiation a particular society of moral integrity is committed. It will then consider the abstract definition and extensions of liberalism and various non-liberal conceptions of the moral good. After that, the course will examine the implications of liberalism for the resolution of various contract-law, tort-law, property-law, civil-procedure-law, antitrust-law, and constitutional-law issues in a liberal-moral-rights-based-society. It will also address various alternative positions on the content and structure of valid legal argument in the U.S. that have been taken by U.S. legal scholars and judges.
Course grades will primarily be based on a paper that students will have to submit by the end of the exam period. The Lecturer may revise upward the grade of any student whose class-participation was particularly valuable. The paper for this seminar can either (1) analyze in detail the jurisprudential assumptions that teachers of one or two courses they have taken were making and/or that the authors of the textbooks and scholarly articles that were assigned in these courses were making or (2) address from a liberal perspective one or more legal-rights claims and/or their treatment by U.S. judges and legal scholars. Student who choose to write the second type of paper will have to secure advanced approval of the proposed paper from the Lecturer. Students will be expected to submit a draft of their paper no later than three weeks before the end of classes. The Lecturer will then discuss with each student his or her draft.
SMNR: Legal Regulation of Human Genome Editing
- B. Gregg
- WED 7:00 – 10:00 pm TNH 3.129
Course Information
- Course ID:
- 397S
- Cross-listed with:
- Government
Registration Information
- Upperclass-only elective
Description
This is a Government course, cross-listed with the Law School.
The germline editing of the human genome will permanently alter our species biologically, in ways large and small. From the standpoint of political, legal, and human rights theory, our seminar asks: How might a liberal democratic community today — marked by value pluralism and aspiring to tolerance for different normative cultures — best regulate the confluence of rapid developments in genetic science and biotechnology? Our seminar focuses on both the promise of gene manipulation to improve human health and reduce human suffering, and on the dangers that gene manipulation poses to various notions of human dignity and various theories of human nature. In modern secular societies such as the USA, traditional theological or metaphysical conceptions of human nature and human dignity compete with contemporary alternatives: with natural scientific accounts of what our species is, and with social scientific accounts of the individual and social importance of treating members with respect and dignity. These contemporary alternatives deploy post-metaphysical notions of human nature (for example, as a social construct) and with post-theological notions of human dignity (for example, as the decisional autonomy of future persons, held in trust by the current generation). Our seminar asks: How might the American legal system (with inputs from expert medical and bioethical opinion as well as from informed public opinion) plausibly configure decisional autonomy of future persons at the point of genetic manipulation? To answer this question, we will identify resources in in state and federal law (and perhaps in human rights theory as well), toward identifying plausible normative standards for the regulation of human gene editing, for today and in the future.
EXPECTED LEARNING OUTCOMES
The student will enhance her research skills; improve her writing skills in the scholarly genre; refine her analytic skills through careful reading, analysis, and discursive argumentation in defense of an original thesis in each of her papers; and cultivate her capacity to engage in small group discussion: in developing and conducting one in-class presentation, and in classroom participation more generally. And she will learn a great deal about cutting-edge thinking on the moral and legal challenges of regulating biotechnologies in general and, in particular, the future possible germline editing of our species —— surely one of the most significant challenges for legal thought in the twenty-first century.
GRADING POLICY
Requirements: one 12-page to 16-page paper (based on directed and supervised research in the course materials, addressing one or more issues of legal regulation, either current or proposed) and one in-class power-point presentation of the student's paper-in-progress. The paper itself is due at the end of the semester; the power-point presentation is due in the course of the semester. Presentation will generate thoughtful, critical feedback from the entire class and should be useful to the student's development of her paper. During the semester, the instructor will closely review two rough-drafts of the paper (not graded) and provide written and oral suggestions for improvements in substance and style. Student will submit one final paper, for a grade, revised in light of the instructor’s comments on the first two drafts.
Course grade: 80% of course grade: evaluation of paper; 20% of course grade: one in-class power-point presentation; course grade adjusted for quality of weekly classroom participation.
SMNR: Legal Regulation of Human Genome Editing
- B. Gregg
- WED 7:00 – 10:00 pm TNH 3.127
Course Information
- Course ID:
- 397S
- Cross-listed with:
- Government
Registration Information
- Upperclass-only elective
Description
This is a Government course, cross-listed with the Law School.
The germline editing of the human genome will permanently alter our species biologically, in ways large and small. From the standpoint of political, legal, and human rights theory, our seminar asks: How might a liberal democratic community today — marked by value pluralism and aspiring to tolerance for different normative cultures — best regulate the confluence of rapid developments in genetic science and biotechnology? Our seminar focuses on both the promise of gene manipulation to improve human health and reduce human suffering, and on the dangers that gene manipulation poses to various notions of human dignity and various theories of human nature. In modern secular societies such as the USA, traditional theological or metaphysical conceptions of human nature and human dignity compete with contemporary alternatives: with natural scientific accounts of what our species is, and with social scientific accounts of the individual and social importance of treating members with respect and dignity. These contemporary alternatives deploy post-metaphysical notions of human nature (for example, as a social construct) and with post-theological notions of human dignity (for example, as the decisional autonomy of future persons, held in trust by the current generation). Our seminar asks: How might the American legal system (with inputs from expert medical and bioethical opinion as well as from informed public opinion) plausibly configure decisional autonomy of future persons at the point of genetic manipulation? To answer this question, we will identify resources in in state and federal law (and perhaps in human rights theory as well), toward identifying plausible normative standards for the regulation of human gene editing, for today and in the future.
EXPECTED LEARNING OUTCOMES
The student will enhance her research skills; improve her writing skills in the scholarly genre; refine her analytic skills through careful reading, analysis, and discursive argumentation in defense of an original thesis in each of her papers; and cultivate her capacity to engage in small group discussion: in developing and conducting one in-class presentation, and in classroom participation more generally. And she will learn a great deal about cutting-edge thinking on the moral and legal challenges of regulating biotechnologies in general and, in particular, the future possible germline editing of our species —— surely one of the most significant challenges for legal thought in the twenty-first century.
GRADING POLICY
Requirements: one 12-page to 16-page paper (based on directed and supervised research in the course materials, addressing one or more issues of legal regulation, either current or proposed) and one in-class power-point presentation of the student's paper-in-progress. The paper itself is due at the end of the semester; the power-point presentation is due in the course of the semester. Presentation will generate thoughtful, critical feedback from the entire class and should be useful to the student's development of her paper. During the semester, the instructor will closely review two rough-drafts of the paper (not graded) and provide written and oral suggestions for improvements in substance and style. Student will submit one final paper, for a grade, revised in light of the instructor’s comments on the first two drafts.
Course grade: 80% of course grade: evaluation of paper; 20% of course grade: one in-class power-point presentation; course grade adjusted for quality of weekly classroom participation.
SMNR: Legislative Process
- FRI 10:35 am – 12:33 pm TNH 2.124
Course Information
- Course ID:
- 397S
Registration Information
- Upperclass-only elective
Description
This course will be taught in person but with the option of remote participation via Zoom. Please note that this course might become online-only in the event that actual in-person attendance during the semester consistently falls below a threshold to be determined in the exercise of reasonable discretion by the instructor and the Student Affairs Office.
This writing seminar relies on the fact that the regular session of the 87th Texas Legislature will meet about a dozen blocks from the Law School. The seminar first met in 1971, and has been offered almost every regular session ever since. It is limited to law students currently employed part-time or full-time or otherwise similarly occupied with either the Legislature, e.g., committee clerk, legislative aide, etc., or in a situation related to the legislative process, e.g., working with lobbyists, trade associations, law firms, state agencies, etc. Absent prior arrangement with the professor, only a law student with a legislative connection will be able to complete the requirements of the seminar. Balancing law school and the Legislature is always a challenge and this seminar helps manage that challenge. The first class meeting is Friday, Jan. 29, 2021, and continues roughly thru mid-April. This schedule best accommodates the schedules of students engaged in the legislative process. To the extent that history predicts the future, the legislature will primarily meet on a Mon.-Thur. schedule until at least some of, or most of April.
The writing task at hand is for the student to prepare a scholarly case study on a pending legislative proposal or topic with significant legal implications subject to approval by the professor. Topics or specific legislative proposals likely to stir debate or advance the law are much preferred, to the exclusion of topics not meeting these criteria. Once a topic is agreed upon, the student investigates the subject, becomes familiar with present Texas law and current nationwide trends, and prepares two drafts of a seminar paper that provide a comprehensive analysis of the proposal. The first draft may be presented to the seminar during the semester, and the final draft will be due after classes end. It is likely, but not absolutely necessary, that the student will be directly involved in the same topic through employment. Although almost all papers will be so generated, the emphasis of the seminar (and of the paper) is legal analysis, including analysis of statutory language and legisltive procedure.
PREREQUISITES. Approval of the instructor. Without regard to 2L or 3L status, who will have a current legislative connection in the Spring 2021 semester will be given absolute preference for enrolling in the seminar. Please apply during pre-registration; and the instructor will contact each applicant. Students who do not intend to work at the legislature but have taken Professor Brady's Legislative Drafting as Public Policy class, Senator Brown's Legislative Process class, or similar coursework with a prior legislative connection who will not be actively engaged in the 87th session may enroll with the approval of the instructor. A student may enroll concurrently in this class and the Legislative Internship.
SMNR: Literature and the Law
- TUE 3:55 – 5:45 pm JON 5.257
Course Information
- Course ID:
- 397S
Registration Information
- Upperclass-only elective
Description
Exploring Intersections of Legal Theory and Literary Texts
This course delves into the rich intersections between law and literature, exploring how literary texts engage with legal concepts and how legal theory is informed by narrative, metaphor, and cultural representations. Through a multidisciplinary lens, students will critically analyze literary works alongside key legal texts and theoretical frameworks.
The course begins by examining foundational theories of law and literature, tracing the historical development of this interdisciplinary field. Students will then explore thematic connections such as justice, authority, power, ethics, and identity through close readings of selected texts. Literary works from various genres and historical periods will be paired with legal case studies, theoretical essays, and philosophical inquiries to facilitate nuanced discussions and analytical insights.
We will begin by examining foundational theories of law and literature, tracing the historical development of this interdisciplinary field and exploring some of the questions and criticisms that scholars have recently raised as they have sought to justify or reorient the field. With these theoretical frameworks in place, we will next critically analyze literary works and legal texts, emphasizing developing critical thinking skills, honing close reading abilities, and engaging in interdisciplinary inquiry.
Throughout the course, students will engage in seminar-style discussions, participate in collaborative projects, and finish by producing and presenting analytical essays that demonstrate a deep understanding of the complex interplay between law and literature. By exploring how literature reflects, critiques, and shapes legal norms and practices, this course aims to foster a nuanced understanding of law as a cultural and social phenomenon, inviting students to interrogate the boundaries between fact and fiction, legality and justice, and text and context.
Course requirements include a short review (10 pages) of key law-and-literature theoretical texts and a final paper (25-35 pages) for presentation in class.
SMNR: Literature and the Law
- WED 3:55 – 5:45 pm TNH 3.115
Course Information
- Course ID:
- 397S
Registration Information
- Upperclass-only elective
Description
The seminar will focus on property in law and literature. Fair warning: the course will involve considerable reading. We will read several novels, alongside law review articles and works of literary criticism, that explore the centrality of questions of property in law, literature, and culture. Representative topics include property and personhood, property in persons and things, property rights and the public interest, and property relations, both familial (marriage, primogenture, inheritance) and social. By critically examining how property is conceptualized in law and imagined in literature, we will see how literature uses or responds to legal structures, themes, and analytical techniques, and vice versa.
Representative literary texts likely to include: Toni Morrison, Beloved; Jane Austen, Pride and Prejudice; Henry James, The Portrait of a Lady; Kate Chopin, The Awakening; E.M. Forster, Howard's End; Zadie Smith, On Beauty.
SMNR: Managing the Clean Energy Transition
Course Information
- Course ID:
- 397S
Registration Information
- Upperclass-only elective
SMNR: Managing the Clean Energy Transition
- WED 3:55 – 5:45 pm JON 5.206
Course Information
- Course ID:
- 397S
Registration Information
- Upperclass-only elective
Description
This 3 credit hour seminar will focus on issues and problems associated with “decarbonizing” (reducing or eliminating fossil fuels from) the American energy system. We will explore various plans that propose relatively rapid, deep decarbonization of the electricity sector, including those proposed by the states of California and New York, “100% renewable” cities like Aspen, CO and Georgetown, TX, as well as academic proposals for rapid deep decarbonization. We will also look plans to decarbonize the transportation sector, including plans by European cities and nations to eliminate gasoline-powered vehicles within their borders within the next few decades. The seminar will meet weekly, with the bulk of the student’s grade based upon an individual research paper.
There are no prerequisites for this seminar, but, students who have taken one or more of the following classes will have an easier time with the readings: Regulating Energy Production (Spence), Texas Energy Law (Smitherman), or Regulating Energy Markets (Spence).
SMNR: Managing the Clean Energy Transition
- WED 3:45 – 5:35 pm JON 6.206
Course Information
- Course ID:
- 397S
Registration Information
- Upperclass-only elective
Description
This 3 credit hour seminar will focus on issues and problems associated with “decarbonizing” (reducing or eliminating fossil fuels from) the American energy system. We will explore various plans that propose relatively rapid, deep decarbonization of the electricity sector, including those proposed by the states of California and New York, “100% renewable” cities like Aspen, CO and Georgetown, TX, as well as academic proposals for rapid deep decarbonization. We will also look plans to decarbonize the transportation sector, including plans by European cities and nations to eliminate gasoline-powered vehicles within their borders within the next few decades. The seminar will meet weekly, with the bulk of the student’s grade based upon an individual research paper.
There are no prerequisites for this seminar, but, students who have taken one or more of the following classes will have an easier time with the readings: Regulating Energy Production (Spence), Texas Energy Law (Smitherman), or Regulating Energy Markets (Spence).
SMNR: Managing the Clean Energy Transition
- TUE 3:45 – 5:35 pm TNH 3.124
Course Information
- Course ID:
- 397S
Registration Information
- Upperclass-only elective
Description
This 3 credit hour seminar will focus on issues and problems associated with “decarbonizing” (reducing or eliminating fossil fuels from) the American energy system. We will explore various plans that propose relatively rapid, deep decarbonization of the electricity sector, including those proposed by the states of California and New York, “100% renewable” cities like Aspen, CO and Georgetown, TX, as well as academic proposals for rapid deep decarbonization. We will also look plans to decarbonize the transportation sector, including plans by European cities and nations to eliminate gasoline-powered vehicles within their borders within the next few decades. The seminar will meet weekly, with the bulk of the student’s grade based upon an individual research paper.
There are no prerequisites for this seminar, but, students who have taken one or more of the following classes will have an easier time with the readings: Regulating Energy Production (Spence), Texas Energy Law (Smitherman), or Regulating Energy Markets (Spence).
SMNR: Managing the Clean Energy Transition
- WED 4:15 – 6:13 pm ONLINE
Course Information
- Course ID:
- 397S
Registration Information
- Upperclass-only elective
- Prof. keeps own waitlist
Description
This course will be taught entirely online via Zoom.
This 3 credit hour seminar will focus on issues and problems associated with “decarbonizing” (reducing or eliminating fossil fuels from) the American energy system. We will explore various plans that propose relatively rapid, deep decarbonization of the electricity sector, including those proposed by the states of California and New York, “100% renewable” cities like Aspen, CO and Georgetown, TX, as well as academic proposals for rapid deep decarbonization. We will also look plans to decarbonize the transportation sector, including plans by European cities and nations to eliminate gasoline-powered vehicles within their borders within the next few decades. The seminar will meet weekly, with the bulk of the student’s grade based upon an individual research paper.
There are no prerequisites for this seminar, but, students who have taken one or more of the following classes will have an easier time with the readings: Regulating Energy Production (Spence), Texas Energy Law (Smitherman), or Regulating Energy Markets (Spence).
SMNR: Managing the Clean Energy Transition
- WED 3:45 – 5:35 pm JON 5.206/207
Course Information
- Course ID:
- 397S
Registration Information
- Upperclass-only elective
Description
This 3 credit hour seminar will focus on issues and problems associated with “decarbonizing” (reducing or eliminating fossil fuels from) the American energy system. We will explore various plans that propose relatively rapid, deep decarbonization of the electricity sector, including those proposed by the states of California and New York, “100% renewable” cities like Aspen, CO and Georgetown, TX, as well as academic proposals for rapid deep decarbonization. We will also look plans to decarbonize the transportation sector, including plans by European cities and nations to eliminate gasoline-powered vehicles within their borders within the next few decades. The seminar will meet weekly, with the bulk of the student’s grade based upon an individual research paper. There are no prerequisites for this seminar, but, students who have taken one or more of the following classes will have an easier time with the readings: Regulating Energy Production (Spence), Texas Energy Law (Smitherman), or Regulating Energy Markets (Spence).
SMNR: Mega-Settlements
- TUE 3:45 – 5:35 pm JON 6.207
Course Information
- Course ID:
- 397S
Registration Information
- Upperclass-only elective
Description
This seminar will examine the evolution, future, and unique problems posed by the "mega-settlement" in modern American law. Over the past 40 years, American courts and lawyers have been increasingly challenged by the special difficulties presented by the litigation of mass torts, such as those involving the BP oil spill, Vioxx, asbestos, Agent Orange, the 9/11 attacks, and Roundup. The high-stakes, multibillion dollar settlements of nationwide litigation involving thousands of plaintiffs have forced attorneys (for both the plaintiffs and defendants) and the courts to rethink notions of individual justice, and the zealous and ethical representation of clients. Some of the topics to be covered include: the variety of structures for resolving mass tort litigation, including the "quasi-class action"; the changing role of the court and the proper limits on judicial power; ethical issues confronting attorneys (for both plaintiffs and defendants); how best to compensate attorneys (for both plaintiffs and defendants); and various proposals for reform.
Students should not sign up for this seminar if they do not expect to be able to attend all seminar meetings.
Pre-requisites: Professional Responsibility, which may be taken during the same semester.
Requirements: Research paper (20-25 pages) and three short (3 page) "response" papers on the weekly reading assignment.
SMNR: Mega-Settlements
- MON 4:15 – 6:13 pm ONLINE
Course Information
- Course ID:
- 397S
Registration Information
- Upperclass-only elective
Description
This course will be taught entirely online via Zoom.
This seminar will examine the evolution, future, and unique problems posed by the "mega-settlement" in modern American law. Over the past 40 years, American courts and lawyers have been increasingly challenged by the special difficulties presented by the litigation of mass torts, such as those involving the BP oil spill, Vioxx, asbestos, Agent Orange, the 9/11 attacks, and Roundup. The high-stakes, multibillion dollar settlements of nationwide litigation involving thousands of plaintiffs have forced attorneys (for both the plaintiffs and defendants) and the courts to rethink notions of individual justice, and the zealous and ethical representation of clients. Some of the topics to be covered include: the variety of structures for resolving mass tort litigation, including the "quasi-class action"; the changing role of the court and the proper limits on judicial power; ethical issues confronting attorneys (for both plaintiffs and defendants); how best to compensate attorneys (for both plaintiffs and defendants); and various proposals for reform.
Students should not sign up for this seminar if they do not expect to be able to attend all seminar meetings.
Pre-requisites: Professional Responsibility, which may be taken during the same semester.
Requirements: Research paper and several short "response" papers on the weekly reading assignment.
SMNR: Mega-Settlements
- WED 3:45 – 5:35 pm JON 6.257
Course Information
- Course ID:
- 397S
Registration Information
- Upperclass-only elective
Description
This seminar will examine the evolution, future, and unique problems posed by the "mega-settlement" in modern American law. Over the past 40 years, American courts and lawyers have been increasingly challenged by the special difficulties presented by the litigation of mass torts, such as those involving the BP oil spill, Vioxx, the diet drug Fen-Phen, asbestos, Agent Orange, and the 9/11 attacks. The high-stakes, multibillion dollar settlements of nationwide litigation involving thousands of plaintiffs have forced attorneys (for both the plaintiffs and defendants) and the courts to rethink notions of individual justice, and the zealous and ethical representation of clients. Some of the topics to be covered include: the variety of structures for resolving mass tort litigation, including the "quasi-class action"; the changing role of the court and the proper limits on judicial power; ethical issues confronting attorneys (for both plaintiffs and defendants); how best to compensate attorneys (for both plaintiffs and defendants); and various proposals for reform.
Students should not sign up for this seminar if they do not expect to be able to attend all seminar meetings.
Pre-requisites: Professional Responsibility, which may be taken during the same semester.
Requirements: Research paper and several short "response" papers on the weekly reading assignment.
SMNR: Mercy
- THU 4:15 – 6:05 pm TNH 3.125
Course Information
- Course ID:
- 397S
Registration Information
- Upperclass-only elective
Description
In this Course, we will explore the concept of "mercy," defined both as inter-personal forgiveness and as reduced punishment effectuated by law. We will cover moral theories of mercy, including the basic tenstion between mercy and retributive justice. We will also study mercy-giving institutions in American law, including prosecutors, judges, juries, and various clemency arrangements. Among other things, there will be units on mass incarceration, the death penalty, and youth. We will also read one or two books/memoirs as case studies in mercy.
Course Information
- Course ID:
- 397S
Registration Information
- Upperclass-only elective
Description
This course will be taught entirely online via Zoom.
In this Course, we will explore the concept of "mercy," paritcularly insofar as it refers to forgiveness and reduced punishment effectuated by law. We will cover moral theories of mercy, including the basic tenstion between mercy and retributive justice. We will also study mercy-giving institutions in American law, including prosecutors, judges, juries, and various clemency arrangements. Among other things, there will be units on mass incarceration, the death penalty, and youth.
SMNR: Military Justice and Jurisdiction
- THU 2:15 – 4:05 pm JON 6.206
Course Information
- Course ID:
- 397S
Registration Information
- Upperclass-only elective
Description
For reasons both obvious and less so, the past decade has seen a significant upsurge in litigation, legislation, and scholarship concerning the relationship between the civilian and military federal courts, and the extent to which the Constitution limits both the personal and subject-matter jurisdiction of the latter. Most noteworthy, of course, are the military tribunals for Guantánamo detainees created by President Bush (and later reincarnated by Congress through the Military Commissions Act of 2006). Although the Supreme Court’s decisions in Hamdan v. Rumsfeld and Boumediene v. Bush have had a lot to say about the constitutional limits of some of these measures, many questions (especially vis-à-vis the jurisdiction of military commissions under the MCA) remain unanswered as of today.
Moreover, the same period had also witnessed the enactment of the Military Extraterritorial Jurisdiction Act (MEJA), the expansion of the Uniform Code of Military Justice (UCMJ) to authorize the trial by court-martial of certain civilian contractors, and additional attempts by the political branches to constrain the ability of both the regular military courts and the Article III civilian courts to provide collateral review of court-martial convictions. Although not the subject of as much public debate, these measures have similarly implicated fundamental questions about the scope of the military justice system—questions that have not been asked, let alone answered, in over a half-century. Thus, our focus this semester will be on military justice in general, and on a deeper dive into the jurisdiction of both courts-martial and military commissions, for each of which we will cover the limits on their personal jurisdiction, their subject-matter jurisdiction, and the extent to which the Constitution requires or constrains collateral and/or appellate review of their decisions in Article III courts.
More than a timely study of current events, though, the relationship between the Constitution and military jurisdiction may have a lot to teach us both about the more general relationship between civilian authority and the military and about the Constitution’s role in prescribing the interactions between Article III and non-Article III courts. Thus, although our specific focus in this seminar is on the limits the Constitution imposes upon military jurisdiction, that question is perhaps best understood as a proxy for far more sweeping examinations of how—if at all—the Constitution circumscribes the power of the military in general and of non-Article III courts in particular.
SMNR: Military Justice and Jurisdiction
- THU 2:15 – 4:05 pm JON 6.207/208
Course Information
- Course ID:
- 397S
Registration Information
- Upperclass-only elective
Description
For reasons both obvious and less so, the past decade has seen a significant upsurge in litigation, legislation, and scholarship concerning the relationship between the civilian and military federal courts, and the extent to which the Constitution limits both the personal and subject-matter jurisdiction of the latter. Most noteworthy, of course, are the military tribunals for Guantánamo detainees created by President Bush (and later reincarnated by Congress through the Military Commissions Act of 2006). Although the Supreme Court’s decisions in Hamdan v. Rumsfeld and Boumediene v. Bush have had a lot to say about the constitutional limits of some of these measures, many questions (especially vis-à-vis the jurisdiction of military commissions under the MCA) remain unanswered as of today.
Moreover, the same period had also witnessed the enactment of the Military Extraterritorial Jurisdiction Act (MEJA), the expansion of the Uniform Code of Military Justice (UCMJ) to authorize the trial by court-martial of certain civilian contractors, and additional attempts by the political branches to constrain the ability of both the regular military courts and the Article III civilian courts to provide collateral review of court-martial convictions. Although not the subject of as much public debate, these measures have similarly implicated fundamental questions about the scope of the military justice system—questions that have not been asked, let alone answered, in over a half-century. Thus, our focus this semester will be on military justice in general, and on a deeper dive into the jurisdiction of both courts-martial and military commissions, for each of which we will cover the limits on their personal jurisdiction, their subject-matter jurisdiction, and the extent to which the Constitution requires or constrains collateral and/or appellate review of their decisions in Article III courts.
More than a timely study of current events, though, the relationship between the Constitution and military jurisdiction may have a lot to teach us both about the more general relationship between civilian authority and the military and about the Constitution’s role in prescribing the interactions between Article III and non-Article III courts. Thus, although our specific focus in this seminar is on the limits the Constitution imposes upon military jurisdiction, that question is perhaps best understood as a proxy for far more sweeping examinations of how—if at all—the Constitution circumscribes the power of the military in general and of non-Article III courts in particular.
SMNR: Modern Corporate Governance and Finance
Course Information
- Course ID:
- 397S
Registration Information
- Upperclass-only elective
SMNR: Modern Corporate Governance and Finance
- TUE 3:55 – 5:45 pm TNH 2.123
Course Information
- Course ID:
- 397S
Registration Information
- Upperclass-only elective
Description
How are and should corporations be run and regulated, and how do and should modern financial markets and products function? This seminar tackles timeless and timely questions. Here are some possible examples. What are the legal and public policy considerations in determining what a corporation’s goals should be—and what do the corporations actually do? In this connection, what does the moniker “ESG” mean and what are the pluses and minuses of considering “ESG” factors for shareholders, other stakeholders, and society? What should a prospective lawyer (or judge, legislator, or regulator) who was a college history major know about matters such as stock market behavior, efficient markets, portfolio diversification, derivatives, and new financial products? How do such matters relate to corporate goals, corporate governance and the role of institutional investors, bank and securities regulation, world financial stability--and your personal finances? No business or finance background required! Both students with and without such backgrounds have presented and written fascinating analytical papers on a very wide variety of topics in this seminar. It is recommended (although not required) that students either have already taken or simultaneously take Business Associations or Business Associations (Enriched).
SMNR: Modern Corporate Governance and Finance
- TUE 3:45 – 5:35 pm TNH 2.123
Course Information
- Course ID:
- 397S
Registration Information
- Upperclass-only elective
Description
The seminar focuses on corporate governance and finance in the modern era, and the associated legal, regulatory, and public discourse. We will deal not only with issues relating to individual firms and financial products, but also those relating to financial markets overall and society at large. In the past few years, there have been many interesting developments both in the real world and on the academic side. Core principles relating to the purpose of the corporation (and other aspects of corporate governance), non-traditional investment strategies, and financial innovations can intersect in significant ways. Students with no business or finance background can find many topics to write about in a thoughtful way. It is recommended (although not required) that students either have already taken or simultaneously take Business Associations or Business Associations (Enriched).
SMNR: Modern Corporate Governance and Finance
- TUE 3:45 – 5:35 pm TNH 2.123
Course Information
- Course ID:
- 397S
Registration Information
- Upperclass-only elective
Description
The seminar focuses on corporate governance and finance in the modern era, and the associated legal, regulatory, and public discourse. We will deal not only with issues relating to individual firms and financial products, but also those relating to financial markets overall and society at large. Partly due to the impact of Covid-19 and a change in Administrations, there are many interesting new developments both in the real world and on the academic side. Core principles relating to the purpose of the corporation (and other aspects of corporate governance), non-traditional investment strategies, and financial innovations can intersect in significant ways. Students with no business or finance background can find many topics to write about in a thoughtful way. It is recommended (although not required) that students either have already taken or simultaneously take Business Associations or Business Associations (Enriched).
SMNR: Modern Corporate Governance and Finance
- TUE 4:15 – 6:13 pm ONLINE
Course Information
- Course ID:
- 397S
Registration Information
- Upperclass-only elective
Description
This course will be taught entirely online via Zoom.
Corporate governance and finance in the modern era, and the associated legal, regulatory, and public discourse involve a wide range of issues relating not only to individual business entities, but also to financial markets overall and society at large. This seminar will explore some of these issues. (No prior business or financial background is required for the seminar.) For example, due partly to the current Covid-19 crisis and the 2008 global financial crisis, the relationships among business entities, investors, and society at large are being reconsidered. As to these relationships, we look at questions such as what it truly means to run a corporation in the interests of shareholders, whether corporations should consider a broader range of interests (such as the welfare of employees and host communities), and how certain new investment products may affect the stability of the financial system. Real world and academic financial developments are important to understanding many of these matters. Such developments have also animated changes in the nature of shareholders and creditors and in the breadth of financial strategies they can use. These changes affect longstanding federal disclosure, state corporate law, and market-based governance mechanisms as well as established financial regulatory approaches. Students with no business or finance background can find many topics to write about in a thoughtful way. It is recommended (although not required) that students either have already taken or simultaneously take Business Associations or Business Associations (Enriched).
SMNR: Patent Law, Advanced
- THU 9:50 – 11:40 am JON 6.207
Course Information
- Course ID:
- 397S
Registration Information
- Upperclass-only elective
Description
The seminar will cover topics not usually covered in patent law courses. For the first eight weeks, the course will address advanced topics and new developments in the law. The topics will be addressed in more depth than in typical courses and will include policy considerations. There will likely be one guest speaker that will present on a special topic. For the rest of the term, the students will select topics, choose the readings, and lead the discussion. Topic selection will require instructor approval. Students will also be expected to write a term paper on the same topic as the one chosen for presentation. Prerequisites: It is recommended that the student be concurrently taking or has taken a course that includes patent law (which could be a survey course). This Seminar used to require such a course as a prerequisite. In recent years, a number of students without that prerequisite have taken the course and have participated in class discussions, and otherwise performed as well as people who had the prerequisite. Thus, the prerequisite has been removed. If you have not had patent law or a survey that covers patent law, you will need to do some extra reading to understand the topics we are talking about in class. Those in this position should contact the instructor a few weeks prior to the start of classes for some recommended treatises.