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Course Criteria
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2.00 Credits
Description: This class on Catholic Social Thought and the Law addresses the ways the Catholic Church responded to social, economic and political events throughout the world by addressing such concepts as solidarity, the common good, a just wage, human rights, private property, a free economy, subsidiarity, the preferential option for the poor and the dignity of human work. United States law, European Community law, regional and international law will be addressed in light of the issues raised by Catholic Social Thought where relevant. 2.00credit(s) Restrictions: Must be enrolled in one of the following Levels: Law School
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2.00 Credits
Description: This course will take an in-depth look at the future of speech regulation on the Internet and past successes and failures. Embraced by many as a medium that democratizes expression worldwide, the Internet also is the means by which considerable amounts of harmful speech are communicated. In what ways does (or should) the First Amendment prohibit or permit the Government to regulate expression on the Internet Should it matter that the Internet is a global medium and the First Amendment is a particularly American legal norm Class discussions will take up these questions when addressing governmental attempts to regulate anonymous speech, commercial speech (spam), computer code, hate speech, pornography, defamation, and other forms of expression. Discussion will not be limited to regulation of expression by the government but also will consider private speech regulations and the use of computer code to give effect to such regulation. Although the readings and class discussion focus on First Amendment issues, students may write their research paper on related cyberlaw topics. This course is offered every other year, alternating with Intellectual Property in Cyberspace. 2.00credit(s) Restrictions: Must be enrolled in one of the following Levels: Law School
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2.00 Credits
Description: Students will be given the opportunity to learn about the substantive areas of Indian law. The course will also expose students to questions of federalism, the relationship between the judiciary and the executive, and critical race theory. 2.00credit(s) Restrictions: Must be enrolled in one of the following Levels: Law School
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2.00 Credits
Description: This advanced seminar focuses on the criminal justice system's treatment of mentally disordered offenders. Students will learn about the major mental disorders and the ways in which our criminal law accounts for the impact of those illnesses on a defendant's criminal responsibility. Central to the course is a clinical case- based approach involving the observation and discussion of videotaped forensic evaluations. The cases are selected to illustrate key legal issues and problems on selected topics in the criminal aspects of mental health law, including: representing mentally disabled clients, adjudicative competence, criminal responsibility, mentally disordered offenders in the criminal justice system, criminal and civil justice system interactions, capital cases, sex offenders, juvenile offenders, and mental health expert testimony. The course also includes a visit to the forensic unit of a state psychiatric hospital. A final paper is required. 2.00credit(s) Restrictions: Must be enrolled in one of the following Levels: Law School
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2.00 Credits
Description: This seminar focuses on the history and judicial interpretation of the religion clauses of the First Amendment, beginning with prominent documents in the founding era and proceeding with a review of Supreme Court doctrine. Students will prepare papers involving research on a selected topic. Students can choose from a list of suggested topics, or may choose their own. Students are encouraged to consider topics that involve research of lower-court case law as well as Supreme Court precedent. The final weeks of the semester will be devoted to presentations by students based upon the drafts of their papers. 2.00credit(s) Restrictions: Must be enrolled in one of the following Levels: Law School
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3.00 Credits
Description: PREREQUISITES: Business Organizations (7110) and Securities Act 1933 (7075) 3L ONLY Course This course explores the operation and regulation of the US securities markets and financial services providers and their employees. Coverage includes the application of federal, state and self regulatory organization (SRO) regulatory regimens, including the National Association of Securities Dealers and New York Stock Exchange, to broker-dealers and investment advisers. Topics include modern market organization, regulatory focus and scope, broker-dealer and investment adviser registration, the duties owed to clients by various financial services providers, and standards imposed on providers for investment recommendations, suitability, churning, and in the dispute resolution process. A substantial research paper will be required. 2.00credit(s) Restrictions: Must be enrolled in one of the following Levels: Law School
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2.00 Credits
Description: Reform is an ever-present fact of American political history and life. From the Revolution to modern times, political arrangements and governing constitutional regimes have often found themselves in a state of flux. What were the circumstances giving rise to these changes How did the historical backdrops govern, shape, and forecast those changes In particular, how and why did jurists' understandings of "what the law means" contribute to their willingness to re-shape constitutional doctrine, and to what extent were they influenced by national events All of these questions will be considered as students examine a set of historic reform movements that either evolved from specific constitutional change or were themselves the progenitors of radical change. The class will cover the following topics: expansion of the commerce clause and its contribution to the modern regulatory state: the criminal rights due process revolution; the intersection of equal protection and the expanded commerce clause in the context of the Civil Rights Movement; substantive due process from Lochner to Lawrence; the women's and gay rights movements; and finally, the evolution of the expanding franchise. Students will read the seminal cases of the reform period, historical accounts detailing the legislative initiatives preceding reform, and accounts explaining the need for reform. By the end of the semester, students should have a critical understanding of the close relationship between historical forces and constitutional change. Students will write a substantial research paper. Students will choose a topic early in the semester, and will work through at least one draft toward producing a final paper to be presented to the class. There presentations will occur at the end of the semester, and after students present, they will lead a class discussion on their topic. The final paper will account for the majority of a student's grade, though class participation will also play a discretionary role in grading. 2.00credit(s) Restrictions: Must be enrolled in one of the following Levels: Law School
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2.00 Credits
Description: This seminar focuses on the integration of faith and the practice of law. Many law students have questions about how the legal rules they are studying and their future work as lawyers fit together with their faith commitments and moral values. These questions take many forms. What is the connection between my career and my religion Can I act consistently with my moral and religious beliefs and still be an effective lawyer What happens when my religious commitments and my professional responsibilities conflict What is the relationship between my religious beliefs and what I am studying in law school Are religious beliefs and values relevant to the content and development of law or are they a private matter Do religious beliefs belong in the development and practice of law in a religiously pluralistic environment This seminar will explore these and other questions about the relationship between religion, law and law practice. Students will prepare substantial research papers involving research on a selected topic. The first nine sessions of the seminar will be devoted to the discussion of assigned readings. The remainder of the semester will be devoted to presentations by students. The readings for these "presentation" classes will be the draft papers, which will be distributed in advance. Each student will also be responsible for preparing a written critique of two of these draft papers. After each presentation, critiquers will give the class a brief summary of the questions raised by their critiques. 2.00credit(s) Restrictions: Must be enrolled in one of the following Levels: Law School
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2.00 Credits
Description: Working with the assumption that political practices, public institutions, and law inevitably embody theoretical assumptions about such things as human nature, justice, rights, citizenship, and freedom, this course will explore the way in which American law and politics reflects particular philosophical commitments. Before focusing on the American context, however, the course will briefly consider the rival accounts of human nature, politics, and law found in the classical and liberal traditions, since these have shaped the American policy in distinctive ways. Then, borrowing the framework of Michael Sandel's Democracy's Discontent, the course will examine the main philosophical movements that have competed for primacy as American's public philosophy. It will focus on two schools, liberal proceduralism and civic republicanism, examining the way in which each conceives of the relationship between the individual and community, the nature of the state and civil society, and the proper function of law. It will analyze salient cases in various areas (such as economic regulation and privacy) in order to understand which philosophical foundation animates the Court's reasoning. Finally, it will ask the students to normatively evaluate these competing public philosophies and their legal implications and to suggest avenues for further development of the respective traditions or alternative sources for a more adequate theory and practice of law and politics. 2.00credit(s) Restrictions: Must be enrolled in one of the following Levels: Law School
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2.00 Credits
Description: This course will introduce students to the varying approaches taken to law and literature scholarship in North America and elsewhere, with special emphases on the uses of law and literature study for the ethical development of legal professionals, on the applications of interdisciplinary scholarship in law and literature in law "reform", and on the potential effects of law and literature studies on legal practice. It will equip students with advanced skills of analysis of legal texts informed by the theory and practice of critical discourse analysis and literary critical techniques; give students a grounding in student-level scholarly writing; and assist them in producing a high quality seminar paper. The course will begin with a unit on various approaches to law and literature methodology. It will critically explore the influences of genre on the reading and writing of legal and literary texts, and move on to a consideration of the uses of law and literature study for the development of ethical and effective legal professionals, drawing connections between genre and professional subject formation. It will also include short unit on the theory and practice of critical discourse analysis and conclude with a comparativist unit on legal interventions into the family lives of enslaved African-Americans and indigenous Australians, and a law and literature "case study", the topic of which may vary from year to year. Students will be required to write a substantial scholarly paper. Evaluation will be based primarily on the quality of the final paper, students must also achieve satisfactory performance on preparation of an outline, critical bibliography and draft. Evaluation will also consider class participation and a discourse analysis exercise. 2.00credit(s) Restrictions: Must be enrolled in one of the following Levels: Law School
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