Course Schedule

This course will explore the legal issues raised by the business of video games and other software-based interactive entertainment. The course will consists of a series of class meetings that track the conception, development and commercialization of video game properties and focus on the way the law has developed and is evolving in each area. In addition, special issues related to virtual worlds/Metaverse, NFTs, user generated content and similar concerns will be covered.

This course will explore the legal issues raised by the business of video games and other software-based interactive entertainment. The course will consists of a series of class meetings that track the conception, development and commercialization of video game properties and focus on the way the law has developed and is evolving in each area. In addition, special issues related to virtual worlds/Metaverse, NFTs, user generated content and similar concerns will be covered.

This course will explore the legal issues raised by the business of video games and other software-based interactive entertainment. The course will consists of a series of class meetings that track the conception, development and commercialization of video game properties and focus on the way the law has developed and is evolving in each area. In addition, special issues related to virtual worlds/Metaverse, NFTs, user generated content and similar concerns will be covered.

This course will explore the legal issues raised by the business of video games and other software-based interactive entertainment. The course will consists of a series of class meetings that track the conception, development and commercialization of video game properties and focus on the way the law has developed and is evolving in each area. In addition, special issues related to virtual worlds, user generated content and similar concerns will be covered.

"Sovereignty" is perhaps the most pervasive, and contentious, issue both in political theory and in law.  University of Michigan law political theorist and law professor Don Herzog, for example, has suggegsted that the concept itself be retired, to "rest in peace," inasmuc, he argues, that contemporary realities are so different from the assumptions operative at the turn of the 17th century, when the idea of sovereignty was initially developed.  But, in fact, one cannot understand the major Western religions without paying attention to the importance of "divine sovereignty."  We will therefore begin with Abraham's acceptance of God's command to kill his son Isaac.  The course will definitely be grounded in various approaches to "sovereignty" throughout Western history.  The limitation to the "West" reflects my own lack of relevant knowledge rather than a well-founded belief that the West is exceptional in developing concepts of sovereigty.

We will also look carefully at the transformation from "divine sovereignty'--as in the "divine right of kings" and other rulers--into what I regard as the most important single political notion of hte past 400 years, the idea of popular sovereignty.  What are some of the meanings of the term, and attendant complications?  If "the people" are sovereign, for example, we must decide who is part of the relevant community of "the people" rather than "outsiders." Some outsiders may be defined as living outside of some territorial demaraction.  But even some people living"inside territorial boundaries" may nonetheless be viewed as outside the "sovereignt people."  Think, for example, of members of Indigenous Nations or enslaved persons, or resident aliens, especially if they are undocumented.  Many are treated as not truly part of the relevant legal community, with few, if any, rights that that community is "bound to respect."  But even if we can agree on who comprises "the people," there is still the question as to whether there are any genine limits on the power of the "soverereign community." How, if at all, does one deal with the idea of "limited sovereignty," or is that a contradiction in terms? Are there transcendent norms that limit "sovereign power," and is that true of God or only of "popular" sovereigns?

We will pay suitable attention to cases of the United States Supreme Court, but you should know that a primary point will be that they almost always beg the central theoretical questions posed by "sovereignty" as a political concept.  Justice Thomas, for example, has been rightly critical of some of the use of "sovereignty" language with regard to the autonomy of Indigenous Nations.  The status of Puerto Rico has also raised some complicated questions for those trying to make sense of the term "sovereignty."  We will also pay some attention to contemporary international law and its ramifications for the idea of sovereignty.  Can one, for example, at the same time support a strong theory of "American" (or any other national) sovereignty as well as the notion of "international" human rights or a "duty. protect" the "inrnal" victims of a paticulr regime's discrimination or tyranny?  

Depanding on the enrollment, I'll certainly be open to alternatives in the work requied and gradding.  I do not conceive of this as a semina, but should anyone wish to write a "seminar paper" in lieu of an examination, that can probalby be arranged.  Similarly, I might well ask you to write short "response" papers to the assigned readings as part of the required workload.  

This seminar will be divided into courts of nine students each.  Each court will take up the same selection of important and interesting cases pending before the Supreme Court in this term. You will act as a justice of the Supreme Court, deliberate with your fellow justices on the basis of the actual briefs and records before the Court, and decide each case. In the course of the semester, you will be expected to write at least two major opinions (for the court, concurring, or dissenting), and two brief opinions (concurring or dissenting separately). You and your colleagues on your court will be the center of conversation and judgment. My role will be secondary, as a sounding board, gadfly and consultant on your work. This is an exciting and demanding seminar, at a moment of great stress within, and attention to, the Supreme Court and its cases.

This seminar will be divided into courts of nine students each.  Each court will take up the same selection of important and interesting cases pending before the Supreme Court in this term. You will act as a justice of the Supreme Court, deliberate with your fellow justices on the basis of the actual briefs and records before the Court, and decide each case. In the course of the semester, you will be expected to write at least two major opinions (for the court, concurring, or dissenting), and two brief opinions (concurring or dissenting separately). You and your colleagues on your court will be the center of conversation and judgment. My role will be secondary, as a sounding board, gadfly and consultant on your work. This is an exciting and demanding seminar, at a moment of great stress within, and attention to, the Supreme Court and its cases.

This seminar will be divided into courts of nine students each.  Each court will take up the same selection of important and interesting cases pending before the Supreme Court in this term. You will act as a justice of the Supreme Court, deliberate with your fellow justices on the basis of the actual briefs and records before the Court, and decide each case. In the course of the semester, you will be expected to write at least two major opinions (for the court, concurring, or dissenting), and two brief opinions (concurring or dissenting separately). You and your colleagues on your court will be the center of conversation and judgment. My role will be secondary, as a sounding board, gadfly and consultant on your work. This is an exciting and demanding seminar, at a moment of great stress within, and attention to, the Supreme Court and its cases.

This seminar will be divided into courts of nine students each.  Each court will take up the same selection of important and interesting cases pending before the Supreme Court in this term. You will act as a justice of the Supreme Court, deliberate with your fellow justices on the basis of the actual briefs and records before the Court, and decide each case. In the course of the semester, you will be expected to write at least two major opinions (for the court, concurring, or dissenting), and two brief opinions (concurring or dissenting separately). You and your colleagues on your court will be the center of conversation and judgment. My role will be secondary, as a sounding board, gadfly and consultant on your work. This is an exciting and demanding seminar, at a moment of great stress within, and attention to, the Supreme Court and its cases.

This seminar will be divided into courts of nine students each.  Each court will take up the same selection of important and interesting cases pending before the Supreme Court in this term. You will act as a justice of the Supreme Court, deliberate with your fellow justices on the basis of the actual briefs and records before the Court, and decide each case. In the course of the semester, you will be expected to write at least two major opinions (for the court, concurring, or dissenting), and two brief opinions (concurring or dissenting separately). You and your colleagues on your court will be the center of conversation and judgment. My role will be secondary, as a sounding board, gadfly and consultant on your work. This is an exciting and demanding seminar, at a moment of great stress within, and attention to, the Supreme Court and its cases.

This is a one-semester three-unit seminar that will review the cases the SCOTUS has accepted for certiorari in the 2022-2023 Term, which of course begins in Oct. of 2022. We will focus on those cases concerning criminal law and procedure and related civil topics, such as immigration and civil rights actions. We will meet once a week for two hours. The only prerequisite is first-year criminal law. However, it would no doubt be helpful to have taken one of our criminal procedure or upper-level criminal law-related courses or seminars, or one of the criminal law clinics or internships. Each week, for the first hour, two of you will argue a pending SCOTUS case representing the government or plaintiff and two will argue representing the defense. The class and I will act as the Justices and question you, the attorneys, from the bench. For the second hour, we will dissect the arguments we heard, and perhaps attempt to predict what the Court will do. Two or three students will write a majority, dissenting, and perhaps a concurring opinion, which they will submit to me the following week. You will not be required to draft more than two opinions each. You will rewrite one of your opinions (your choice) after receiving feedback from your fellow students and from me. Your roles will constantly shift. You may not select which side of an argument you are on, but you can request particular cases. If you don't see a case you are following on my list, please ask! I will be flexible based upon student interest.

There is no casebook.  Please read the briefs of the parties posted posted on the SCOTUS blog for the assigned cases (or the cert. petition and opposition to cert., if that is all there is), and the opinion below. I will also post those on Canvas for your convenience. Reading the briefs of amici is not required. Please check Canvas every week for your written and oral assignments. I will try to get those sorted out and posted after the first week of class. There is no final exam. Your grade is based 50% on your oral arguments, questioning, and other class participation, and 50% on your written opinions. Obviously I cannot blind grade. However, this seminar is limited to 16 students, and therefore I will not grade on a curve.

This is a one-semester three-unit seminar that will review the cases the SCOTUS has accepted for certiorari in the 2022-2023 Term, which of course begins in Oct. of 2022. We will focus on those cases concerning criminal law and procedure and related civil topics, such as immigration and civil rights actions. We will meet once a week for two hours. The only prerequisite is first-year criminal law. However, it would no doubt be helpful to have taken one of our criminal procedure or upper-level criminal law-related courses or seminars, or one of the criminal law clinics or internships. Each week, for the first hour, two of you will argue a pending SCOTUS case representing the government or plaintiff and two will argue representing the defense. The class and I will act as the Justices and question you, the attorneys, from the bench. For the second hour, we will dissect the arguments we heard, and perhaps attempt to predict what the Court will do. Two or three students will write a majority, dissenting, and perhaps a concurring opinion, which they will submit to me the following week. You will not be required to draft more than two opinions each. You will rewrite one of your opinions (your choice) after receiving feedback from your fellow students and from me. Your roles will constantly shift. You may not select which side of an argument you are on, but you can request particular cases. If you don't see a case you are following on my list, please ask! I will be flexible based upon student interest.

There is no casebook.  Please read the briefs of the parties posted posted on the SCOTUS blog for the assigned cases (or the cert. petition and opposition to cert., if that is all there is), and the opinion below. I will also post those on Canvas for your convenience. Reading the briefs of amici is not required. Please check Canvas every week for your written and oral assignments. I will try to get those sorted out and posted after the first week of class. There is no final exam. Your grade is based 50% on your oral arguments, questioning, and other class participation, and 50% on your written opinions. Obviously I cannot blind grade. However, this seminar is limited to 16 students, and therefore I will not grade on a curve.

In this seminar, students will explore rapidly evolving debates around government surveillance, new technologies, civil liberties, and personal privacy. The course will cover surveillance by the U.S. intelligence community, police, and U.S. allies and adversaries abroad, examining key legal instruments and court decisions in light of broader policy debates. The class will also examine the interbranch allocation of responsibility for authorizing, implementing, and overseeing surveillance programs. In particular, the course will focus on surveillance activities affecting new and emerging technologies and those technologies’ potential to shift the balance between citizen and state. Students will be evaluated based on class participation and a research paper fulfilling the Law School writing requirement.

In this seminar, students will explore rapidly evolving debates around government surveillance, new technologies, civil liberties, and personal privacy. The course will cover surveillance by the U.S. intelligence community, police, and U.S. allies and adversaries abroad, examining key legal instruments and court decisions in light of broader policy debates. The class will also examine the interbranch allocation of responsibility for authorizing, implementing, and overseeing surveillance programs. In particular, the course will focus on surveillance activities affecting new and emerging technologies and those technologies’ potential to shift the balance between citizen and state. Students will be evaluated based on class participation and a research paper fulfilling the Law School writing requirement.

In this seminar, students will explore rapidly evolving debates around government surveillance, new technologies, civil liberties, and personal privacy.  The course will cover surveillance by the U.S. intelligence community, police, and U.S. allies and adversaries abroad, examining key legal instruments and court decisions in light of broader policy debates.  The class will also examine the interbranch allocation of responsibility for authorizing, implementing, and overseeing surveillance programs.  At every stage, the course will highlight surveillance activities affecting new and emerging technologies and those technologies’ potential to shift the balance between citizen and state.  Students will be evaluated based on class participation and a research paper fulfilling the Law School writing requirement.

In this seminar, students will explore rapidly evolving debates around government surveillance, new technologies, civil liberties, and personal privacy.  The course will cover surveillance by the U.S. intelligence community, police, and U.S. allies and adversaries abroad, examining key legal instruments and court decisions in light of broader policy debates.  The class will also examine the interbranch allocation of responsibility for authorizing, implementing, and overseeing surveillance programs.  At every stage, the course will highlight surveillance activities affecting new and emerging technologies and those technologies’ potential to shift the balance between citizen and state.  Students will be evaluated based on class participation and a research paper fulfilling the Law School writing requirement.

In this seminar, students will explore rapidly evolving debates around government surveillance, new technologies, civil liberties, and personal privacy.  The course will cover surveillance by the U.S. intelligence community, police, and U.S. allies and adversaries abroad, examining key legal instruments and court decisions in light of broader policy debates.  The class will also examine the interbranch allocation of responsibility for authorizing, implementing, and overseeing surveillance programs.  At every stage, the course will highlight surveillance activities affecting new and emerging technologies and those technologies’ potential to shift the balance between citizen and state.  Students will be evaluated based on class participation and a research paper fulfilling the Law School writing requirement.

In this seminar, students will explore rapidly evolving debates around government surveillance, new technologies, civil liberties, and personal privacy.  The course will cover surveillance by the U.S. intelligence community, police, and U.S. allies and adversaries abroad, examining key legal instruments and court decisions in light of broader policy debates.  The class will also examine the interbranch allocation of responsibility for authorizing, implementing, and overseeing surveillance programs.  At every stage, the course will highlight surveillance activities affecting new and emerging technologies and those technologies’ potential to shift the balance between citizen and state.  Students will be evaluated based on class participation and a research paper fulfilling the Law School writing requirement.

Negotiations in Congress about tax policy increasingly focus on the dozens of credits in the federal income tax law. There are credits for parenting, education, home ownership, research and development, energy production, electric cars, and building affordable housing, just to name a few. There are three competing frameworks for evaluating tax credits: as instruments for resolving competing claims of tax jurisdiction, as tools of income measurement, and as tax expenditures equivalent to direct spending. This seminar will explore these frameworks and invite each student to write a paper evaluating a specific tax credit of their choice. Prerequisite: Federal Income Tax.

This seminar examines the history of American tax law as a central engine of constitutional development, state building, and democratic conflict. It explores how tax law emerged, evolved, and acquired its current structure, from the fiscal failures of the Articles of Confederation and the constitutional design of the taxing power, to the rise of tariffs and excises, the transformation to a mass income tax, and the development of modern tax administration. Along the way, we will consider how taxation has been intertwined with economic factionalism and representation, war and public credit, property and inequality, and the growth of the administrative state. The animating goal of the course is to use history to give students the conceptual tools and contextual background needed to understand the persistent messiness and political salience of contemporary tax law. Many of today’s most pressing fiscal disputes—over inequality, corporate taxation, tax exemptions, and administrative discretion—are recurring features of the American tax state rather than entirely new problems. By situating modern debates within their historical trajectories, students will develop a deeper capacity to analyze and navigate tax law in practice, whether as tax specialists, policy advisors, litigators, or lawyers in any field. Evaluation will be based primarily on a substantial research paper in which students use the historical materials and themes from the course to intervene in a contemporary issue in tax law or policy of their choosing. No prior background in tax law or legal history is required.