Course Schedule
Classes Found
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
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.
SMNR: Patent Law, Advanced
- THU 9:50 – 11:40 am JON 6.206
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.
SMNR: Patent Law, Advanced
- THU 9:30 – 11:20 am JON 6.206
Course Information
- Course ID:
- 397S
- Cross-listed with:
- Other school
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.
SMNR: Patent Law, Advanced
- THU 10:30 am – 12:20 pm CCJ 3.306
Course Information
- Course ID:
- 397S
- Cross-listed with:
- Other school
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.
SMNR: Patent Law, Advanced
- THU 9:00 – 10:50 am ONLINE
Course Information
- Course ID:
- 397S
Registration Information
- Upperclass-only elective
Description
This course will be taught entirely online via Zoom.
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.
SMNR: Patent Law, Advanced
- THU 9:30 – 11:20 am JON 6.206
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.
SMNR: Perspectives in Law Enforcement: Addressing Prosecutorial and Police Accountability
- K. Chavis
- WED 4:15 – 6:05 pm ONLINE
Course Information
- Course ID:
- 397S
Registration Information
- Upperclass-only elective
Description
This course will be taught entirely online via Zoom.
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)
SMNR: Perspectives in Law Enforcement: Addressing Prosecutorial and Police Accountability
- K. Chavis
- WED 4:15 – 6:05 pm ONLINE
Course Information
- Course ID:
- 397S
Registration Information
- Upperclass-only elective
Description
This course will be taught entirely online via Zoom.
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)
Course Information
- Course ID:
- 397S
Registration Information
- Upperclass-only elective
SMNR: Philosophy of Contract Law
- FRI 10:30 am – 12:20 pm JON 5.257
Course Information
- Course ID:
- 397S
Registration Information
- Upperclass-only elective
Description
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.
SMNR: Philosophy of Contract Law
- THU 2:40 – 4:38 pm ONLINE
Course Information
- Course ID:
- 397S
Registration Information
- Upperclass-only elective
Description
This course will be taught entirely online via Zoom.
Most first year contracts classes emphasize free, uncoerced agreements chosen by parties of roughly comparable bargaining power. But most contracts that bind individuals do not reflect this reality; most involve non-negotiable terms contained in consumer or employment agreements, under conditions that reflect extreme inequality of bargaining power. This course will evaluate doctrines of unconscionability, coercion, and/or duress and their limits as tools for mitigaing inequality bargaining power, while paying special attention to philosophical defenses and criticisms of these doctrines.