GRADUATE COURSES
The semester at the School of Law starts and ends approximately one week earlier than that of the Graduate School of Arts and Science. Contact Law and Society for specific dates.
Course numbers listed in the course descriptions below refer to the following:
Law and Society Course: Open to law and society (Ph.D., J.D.-Ph.D., J.D.-M.A.) and other GSAS students.
Cross-Listed Law and Society/Law Course: Open to law and society
(Ph.D., J.D.-Ph.D., J.D.-M.A.) with permission and School of Law students.
Law Course: Open to law and society (Ph.D., J.D.-Ph.D., J.D.-M.A.) students with permission and School of Law students.
Cross-Listed Law and Society/GSAS Course: Open to law and society (Ph.D., J.D.-Ph.D., J.D.-M.A.) and other GSAS students.
GSAS Course: Open to law and society (Ph.D., J.D.-Ph.D., J.D.-M.A.) and other GSAS students.
Cross-Listed Law and Society/Law /GSAS Course: Open to law and
society (Ph.D., J.D.-Ph.D., J.D.-M.A.) and GSAS students with permission and School of Law students.
The Sociolegal Seminar G62.1001 (Law and Society)/L06.3570 (Law) Merry.
This seminar (1) surveys approaches for understanding the relationship between social and legal thought and (2) examines their methodologies. Readings examine the extent to which social science and law have common theoretical and methodological foundations. Focus is on analytical, doctrinal, institutional, and philosophical perspectives and approaches to the study of law and society. The interface between legal and social, cultural, economic, and political phenomena is studied through critical debates as well as from a historical and comparative perspective.
Law and Social Policy G62.1002 (Law and Society)/G93.3534 (Sociology)/L06.3580 (Law) Dixon .
Scholars have debated for centuries the relationship between law and social policy and whether law leads or follows social change. Regardless of one's position on these issues, most agree that law and society are interwoven such that law constitutes a field where social policies are created, reinforced, and transformed. This course utilizes the lens of the courts to examine the relationship between law, social policies, and social change. The first part of the course analyzes how social policies are created, reinforced, and transformed in constitutional courts. Students begin by examining the consequences of U.S. Supreme Court decisions in both creating and eliminating race and gender segregation. Next, they explore the role of constitutional courts in transforming social welfare polices in transitional societies such as postcommunist Central Europe . The second part of the course analyzes how social policies are created, reinforced, and transformed in trial courts. Students consider the relationship between social policy and the transformation of criminal courts in the progressive era; they then investigate this relationship in the contemporary context. In particular, the relationship between social policies and current criminal court transformations involving plea bargaining, sentencing guidelines, and the recent creation of problem-solving, specialized drug and domestic violence courts is explored. The third and final part of the course examines how social policies are created, reinforced, and transformed in international courts. In particular, students explore human rights policies and the development of the International Criminal Court.
Introduction to Legal Philosophy G62.1003 (Law and Society)/L06.3005 (Law) Murphy.
Survey of 20th-century contributions to legal philosophy. In addition to the central debate between H. L. A. Hart and Ronald Dworkin over the concept of law, students discuss natural law theory, legal realism, critical legal studies, feminist jurisprudence, critical race theory, and some aspects of postmodern legal theory. The course begins with an introduction to the methods of moral and political theory.
Sociology of Law G62.1103 (Law and Society)/G93.2434 (Sociology) Dixon , Garland , Greenberg.
Designed to provide a broad theoretical framework for analyzing and interpreting the interrelationships between law, politics, and society. This course begins with a consideration of the intellectual and methodological differences between law and social science; it then examines the interface between law and social science from two perspectives. First, the relationship between law and society is traced from the point of view of the influence of norms and customs, social structure, and class and power on the development, form procedure, and substance of law. Second, the impact of law on society is examined in the areas of rights and social movements, race discrimination, gender discrimination, and crime and justice. Critical race theory and critical gender theory receive special attention here. A section on law, courts, and the administration of justice examines the institutional structure and transformation of the American legal and judicial system, and a final section on the legal profession, legal education, and critical legal theory deals with the contradictory role of lawyers as agents of the status quo and of social change.
Seminar in the Sociology of Law G93.3534 (Sociology) Dixon , Garland , Greenberg.
This course is designed to allow students to conduct research on a topic covered in G62.1103. Students are required to enter the course with a well-formulated research proposal.
Law and Modern Society G62.1004 (Law and Society)/L06.3560 (Law) Garland.
This seminar explores the changing forms and functions of law in modern society and the sociological theories that seek to interpret these developments. The concept of modernity forms the background for the first half of the course, in which the work of Durkheim, Marx, and Weber are reviewed in some detail. Thereafter the class addresses a body of work, by writers such as Foucault, Selznick, and Teubner, that argues that the character of modern law—and modern society—is changing in ways that require us to revise our understanding of the relationship of “law” to “society.” Themes include the decline of the rule of law; the emergence of responsive or reflexive law; law in the welfare state; laws, norms, and discipline; the relation between law and other systems of regulation; and the idea of postmodernity as it applies to the legal sphere. The course does not presuppose any prior knowledge of social theory.
Classic Sociological Theory G93.2111 (Sociology) Garland , Lukes.
Examines major figures of modern sociology, including Marx, Durkheim, Weber, Simmel, Mead, Freud, and Parsons. Focuses on the conditions and assumptions of social theory, the process of concept formation and theory building, general methodological issues, and the present relevance of the authors examined. An effort is made to speculate on the nature of the growth of knowledge in sociology.
Advanced Theory Seminar : Foucault G62.1010 (Law and Society)/G93.3112 (Sociology) Garland.
This seminar is concerned with developing an in-depth understanding of the work of Michel Foucault and its implications for social and historical research. The class studies several of his substantive historical studies (Discipline and Punish, Madness and Civilization, The Birth of the Clinic, and The History of Sexuality) and explores key concepts in Foucault's work, such as archaeology and genealogy, power/ knowledge, governmentality, and subjectification. Critical responses to Foucault's work are discussed, as are attempts by other authors to put Foucaultian concepts to their own use.
Law, Culture, and Power G62.1012 (Law and Society)/G14.3391 (Anthropology)/L06.3701 (Law) Merry.
Anthropologists view law as basic to social life but highly variable in different cultural and historical contexts. This course examines theoretical and methodological issues in legal anthropology, looking at some of the classics in the field as well as contemporary work concerning the cultural dimensions of law and their relationship to forms of power and governmentality. It focuses on ethnographic methods for studying law and legal institutions. The first part of the course examines early work that grappled with the question of defining law in contexts that lacked formal legal systems. The second part explores legal pluralism, law and the colonial process, law and culture, the relationship between law and discipline, and law and everyday life. As students read ethnographic studies of everyday legal phenomenon, they discuss how to carry out ethnographic research and experiment with mini-research projects. In each of the readings, students consider ethnographic approaches to legal phenomena and discuss how each author has done his or her ethnographic research and the techniques involved.
Alternative Dispute Resolution L09.3523 (Law) Chase.
This course concerns “alternate” methods of dispute resolution. By this is meant the processes used to resolve disputes that are different from, and therefore alternative to, formal civil litigation. These “alternate” processes include arbitration, mediation, and negotiation. This course focuses on the legal rules that regulate the use and methodology of these processes. It also explores the policy justifications and the problems that are raised by these alternatives: To what extent should such alternatives be permitted, encouraged, or required by government? Further, the course tries to understand the social forces that further or impede their adoption.
State, Law, and Politics in Society G62.1102 (Law and Society)/L06.3565 (Law)/G53.2356 (Politics) Chevigny, Harrington.
Examines the relationship between law and the state by asking whether and how law is autonomous from the political powers of the state. Studies the institutional powers of the legal profession and the judiciary, doctrinal, and legal rights. Examines sociolegal theories of interpretation. Investigates the ideology of law in legal formalism, both contemporary and in the past; law and society; and critical legal studies.
Current Constitutional Issues G62.1201 (Law and Society)/ L01.3536.01 (Law) Bell.
Students learn best by doing, that is, by active participation in the subject matter. Using simulation models, students perform the functions of both justices of the U.S. Supreme Court and attorneys handling litigation before that Court. By simulating the Court's perspective, on the litigation in which it grants or denies remedies, students better understand the often opaque reasoning the Court provides in adopting or rejecting principles, doctrines, and standards. This structure enables participants to gain a good understanding of how factors, neither stated nor even recognized, can influence the judicial process.
Constitutional Theory of Emergency Powers L01.3533 (Law) Ferejohn, Pasquino.
The seminar discusses from a historical perspective models of constitutionalization of emergency power, specifically: the Roman dictatorship; Machiavelli, Rousseau, and the revival of the constitutional emergency power in the republican tradition; Locke and the king's prerogative; Montesquieu, the “veil on liberty,” and the “suspension” of the constitution during the French Revolution (the Revolutionary government); Lincoln and the suspension of habeas corpus during the American Civil War; Carl Schmitt and the Diktaturgewalt of Article 48 of the Weimar Constitution; De Gaulle and Article 16 of the constitution of the French Fifth Republic; Article 115a of the Bonner Grundgesetz; emergency power in India, Israel, Northern Ireland, and Latin America. The seminar considers, moreover, the recent American debate: Guantanamo and after.
State and Local Government G62.1105 (Law and Society)/L01.3016 (Law) Jacobs.
Explores the power that state and local governments have to regulate, provide public services, redistribute wealth, spend, finance private projects, tax, and borrow, and ways in which law tries to keep that power accountable. Some of the doctrinal issues considered include conflicts between state and local authority, controls imposed as conditions on federal or state grants, limits on borrowing and deficit spending, direct democracy, nondiscriminatory access to services, and local government liability for damages for violations of civil rights and antitrust law.
Law and Economics G62.1024 (Law and Society)/L06.3020 (Law) Kornhauser.
The first part of this course is a survey of intermediate microeconomic theory, with an emphasis on welfare economics. It provides a framework for the second part of the course, which is an economic analysis of tort and property rules and consideration of similar problems in law and economics.
Voting, Game Theory, and the Law G62.1025 (Law and Society)/L06.3035 (Law) Benoît.
This course first addresses the properties of various voting methods and procedures. It considers desirable properties that a voting method might possess and determines which methods, if any, have these properties. The ideas developed are used to analyze practical problems, such as voting in union elections and the provision of minority representation within the context of the Voting Rights Act. Next, the course considers the concept of power and examines the distribution of power among voters in different states and within voting bodies, such as the United Nations Security Council and congressional committees. Finally, the course develops concepts related to strategic thinking used in game theory and applies these concepts to voting situations and legal problems.
Law & Economics of Discrimination G62.3300.002 (Law and
Society)/G31.3001.009 (Economics)/ L06.3048 (Law) Persico.
The course aims at providing an overview of the application and effect of anti-discrimination laws, in the vide variety of settings in which they are applied in the US today. The course draws from methods in empirical and theoretical economics, and integrates these perspectives with a conventional legal approach. The course will offer a brief introduction to the methodological tools needed---Game Theory and Regression Analysis. Then, these tools will be applied to analyze discrimination in: Police Interdiction; Hiring and Retention;
Credit and Goods Markets; Academic Admissions; and Voting.
Law and Social Science G62.1403 (Law and Society)/L06.3008 (Law) Tyler.
Introduction to the interface between law and the social sciences. Explores the use of social science research findings in a variety of areas of the law. These areas include jury decision making; the use of profiles in identifying suspects; evidence such as lie detectors, eyewitnesses, and repressed memories; trademark confusion; psychological assumptions underlying constitutional law; citizen dissatisfaction with the law and legal authorities; and a variety of other topics.
American Legal History G62.1202 (Law and Society)/L06.3010 (Law) Reid.
Beginning with the colonial period and emphasizing the 19th century, this course covers the formative era of American law in early Massachusetts Bay; the constitutional controversy leading to the American Revolution; the growth of law in the early republic; the law of the clan and of the blood feud among the Cherokees; the American law of slavery; and the fugitive slave controversy.
Readings in American Legal History G62.1203 (Law and Society)/L06.2521 (Law) Prerequisite: U.S. Constitutional Law or permission of instructor. Reid.
Readings in the history of American law, with emphasis on studies casting light on the nature of law and its relationship to society. Assigned books and articles are reported on, reports are distributed, and class hours are devoted largely to discussion. Students are asked to submit two-page evaluations of works read.
Seminar in Sociology of Law: Gender Politics and Law G62.1021 (Law and Society)/G93.3534 (Sociology) Dixon .
More than statutes, rules, and court cases, law constitutes a discursive field where structured inequalities and shared cultural understandings are defined, reinforced, and transformed. This course focuses on the development and changes in U.S. legal discourses and how these debates produce the context for the development, administration, and interpretation of gender relations. Students explore the historical development of the liberal legal system in the United States as it relates to gender as well as critiques of liberal legalism from the standpoint of legal realism, critical legal theory, and literary criticism. In addition, students examine legal debates in various substantive areas, such as constitutional law, abortion, reproduction, homosexuality, domestic and sexual violence, employment discrimination, divorce, and custody.
Gender Issues in Law and Culture G62.1028 (Law and Society)/L06.3567 (Law) Bruner, Gilligan, Richards.
This seminar explores, from both a historical and contemporary perspective, the role of various interpretive perspectives on gender in law and culture as tools for the understanding, diagnosis, and remedy of racism and sexism as interlinked evils that afflict both men and women, heterosexuals and homosexuals. Its central topic is the terms of the struggle to introduce unconventional, gender-subversive voices and topics into public discourse, criticizing cultural racism, sexism, and homophobia.
Race and Legal Scholarship G62.1022 (Law and Society)/L06.3545 (Law) Caldwell .
This seminar considers how concepts of prejudice and theoretical work on the operation of racial ideology affect developments in the law concerning the protection against racial discrimination afforded by specific constitutional and statutory laws as well as interpretations of the impact of race generally in other substantive legal areas. Recent developments in the study of race in the social sciences are considered. Students examine contemporary problems in race relations in light of the theoretical foundations of classical legal scholarship, law and economics, critical legal scholarship, and the emerging critical scholarship on race—much, but not all, of which is written by legal scholars of color.
Race, Values, and the American Legal Process G62.1023 (Law and Society)/L06.3512 (Law) Higgenbotham Jr.
This seminar examines the use of the law to both perpetuate and eradicate racial injustice in the United States from the inception and rise of slavery during the colonial period through the U.S. Supreme Court decision in Brown v. Board of Education in 1954. The major institutions studied are the courts and the legislatures (predominantly at the colony or state level). The course explores both criminal and civil law and focuses particularly on their role in the preclusion or allowance of traditional family relations, education options, due process in the courts, and other “rights” for blacks.
Law and Literature L06.3510 (Law) Gillers, Stimpson.
How does literature use law as a source of structure and theme? How does literature view law and legal institutions? What can literature and literary imagination bring to the performance of legal tasks, including “telling stories” about cases? What different (or similar) interpretive rules do lawyers and literary critics employ in construing a text? How are human passions and the human condition differently described and treated in law and literature?
Criminology G62.2021 (Law and Society)/G93.2503 (Sociology) Dixon , Garland , Greenberg.
This course provides a critical evaluation of the historical development of the study of crime. The readings offer a variety of theoretical and methodological approaches to the analysis of various areas of crime (violent—property—victimless—white collar). The class provides a forum for critically discussing the variety of theoretical frameworks, issues, research methodologies, and findings used in examining the construction, violation, and punishment of crime.
Seminar in Criminology G93.3513 (Sociology) Dixon , Garland , Greenberg.
This course is designed to allow students to conduct research on a topic covered in G62.2021. Students are required to enter the course with a well-formulated research proposal.
Juvenile Justice L04.3019 (Law) Jacobs.
This course covers the full range of criminal procedures applicable to juveniles: searches and seizures, pretrial interrogation, confidentiality, diverson, pretrial detention, transfer to adult court, right to counsel, sentencing, conditions of confinement, etc. In addition, the casebook is augmented with some materials on juvenile crime, juvenile criminal records, and the handling of juvenile offenders in other countries.
Child, Parent, and State L08.3030 (Law) Guggenheim.
The legal rights, responsibilities, and disabilities of parents and children in the American legal system, including the historical and philosophical background and development of juvenile court, issues relating to juvenile delinquency, abuse and neglect laws, foster care, and students, and issues related to adolescents including sex-related medical treatment and informed consent to medical care.
The Sociology of Punishment G62.1020 (Law and Society)/ G93.2508 (Sociology) Garland.
This seminar discusses the literature of the sociology of punishment and the various theoretical traditions through which the institutions of penality have been understood. It is particularly concerned with developing a sociological account of contemporary patterns of penal practice in the United States and elsewhere.
Criminal Sanctions G62.2022 (Law and Society)/L04.3525 (Law) Garland.
This seminar examines current issues in the sentencing and sanctioning of offenders. Using historical, sociological, and philosophical approaches, it aims to develop a critical understanding of contemporary policies and practices of punishment. Readings deal with policies such as incapacitation, just desserts, expressive justice, and retribution and look at the decision making and practices of the institutions that implement them. The aim is to ground normative analysis (as developed by the philosophical literature) in a more empirical knowledge of how penal institutions actually work.
Death Penalty G62.2028 (Law and Society)/L06.3577 (Law) Garland.
The aim of this seminar is to develop an in-depth analysis of the institution of capital punishment and to address a series of questions to which it gives rise. Using historical and sociological research, the seminar explores how the forms, functions, and social meanings of capital punishment have changed over time and what social forces have driven these changes. Thereafter, the course focuses on the modern American death penalty and the specific characteristics of the institution that has taken shape in the post-Furman era.
Race, Poverty, and Criminal Justice G62.2027 (Law and Society)/L04.3512 (Law) Stevenson.
Examines the influence of race and victim-offender economic status in the administration of criminal justice. Conscious and unconscious racism as well as overt and more complicated mechanisms for creating bias against the poor are explored. Students study racial disparities in charging, discretionary judgments in the prosecution of criminal cases, sentencing, and the formulation of crime policy in the United States, and discuss issues of race and class in criminal case court decisions. Students assess the effectiveness of antidiscrimination law in the crime and punishment area and review data and empirical studies on a variety of issues that impact the poor and people of color in the criminal justice system. Particular attention is paid to the role of legislators, prosecutors, state and federal judges, defense attorneys, and jurors, and litigation and other reform strategies aimed at bias against racial minorities and the poor are discussed.
Policing in Democratic Societies G62.2023 (Law and Society)/L04.3533 (Law) Skolnick.
What are the origins of democratic policing? How are police organized, and how do they function? Why do law enforcement officials act the way they do, in patrolling, searching, seizing, interrogating? What are the occasions, explanations, and remedies for police brutality, corruption, and perjury? What kinds of rules, organizations, and institutions are appropriate and effective for maintaining police accountability in a democratic society? Although students discuss some constitutional cases, this is not a systematic seminar in the doctrine of police practices. Rather, the focus is on the history, sociology, and politics of the police. Police accountability through politics and law is a major concern.
Gun Control G62.2025 (Law and Society)/L04.3525 (Law) Jacobs, Noble.
This seminar examines the problem that firearms and other weapons pose for contemporary society and the constitutional, statutory, administrative, and court-made laws relating to the regulation of firearms and other weaponry. Topics include firearms and crime; firearms and self-defense; the Second Amendment as a limitation on congressional regulation; federalism and the federal role in the regulating of firearms; the role of the Bureau of Alcohol, Tobacco, and Firearms; the conflict between state and local government in regulating firearms; criminal law issues (including aggravated offenses, prophylactic offenses, and presumptions); sentencing law issues (bootstrapping and other enhancements for crimes committed with firearms); the prohibition and regulation of subcategories of firearms (e.g., “Saturday night specials” and “assault rifles”); products liability and gun control; controls on ammunition; controls on less lethal weaponry (knives, mace, and brass knuckles); and controls on more lethal weaponry (explosives and military weapons).
Regulation of Vice G62.2024 (Law and Society)/L04.3559 (Law) Skolnick.
What is vice and how does it differ from crime? If we criminalize it, can we regulate it? And if we decriminalize it, how shall we regulate it? This seminar discusses a range of “vices” and regulatory strategies that might be applied. Because students need to know much about the nature of the “vice” in order to sensibly discuss policy options, there is considerable reading, some of it required, others recommended.
Corruption and Corruption Control G62.2026 (Law and Society)/L04.3510 (Law) Goldstock.
This seminar examines the pervasive problem of official corruption and the various bodies of law and legal institutions that exist to prevent, detect, and punish corruption. Topics include bribery and antigratuity statutes; the federal role in investigating and prosecuting state and local corruption under the Hobbes Act and mail statutes; conflict of interest and financial disclosure laws; government contracting; campaign financing; regulating lobbyists; inspectors general; auditing and accounting controls; and civil service and administrative enforcement strategies and sanctions.
Deviance and Social Control G62.2020 (Law and Society)/ G93.2160 (Sociology) Dixon , Duster, Greenberg, Horowitz.
Broad, introductory course in the sociology of deviance and social control. Students read and analyze classical and contemporary texts representing different theoretical and research traditions, dealing with the designation of some types of behavior and conditions as deviant; ideologies and methods of social control; the etiology of deviance; deviant subcultures; and the politics of deviance. An attempt is made to examine a wide range of normative violations, such as crime, mental illness, witchcraft, scientific deviance, alcohol and drug use, and various types of sexual deviance.
Health Law G62.2002 (Law and Society)/L13.3525 (Law) Law.
Considers how the law influences the availability, quality, and cost of medical care, and demands a sophisticated understanding of many bodies of law, including the Constitution; state and federal administrative law; the regulation of insurance; the Byzantine statutes defining benefit and regulatory programs; tort principles of duty, consent, confidentiality, and malpractice; corporate law (profit and not-for-profit); labor law; tax law; and more. However, the focus is not primarily legal. Rather, the effort is to grapple with defining life experiences and to explore the political, philosophical, and personal values that shape these experiences. Statutes, regulations, and judicial decisions are primary source materials, but these are placed in an empirical policy context.
Empirical Issues in Land Use and Environmental Law G62.2004 (Law and Society)/L10.3501 (Law) Been.
This seminar explores the empirical assumptions that underlie leading theoretical justifications for various aspects of land use and environmental law, survey and critique existing empirical evidence bearing upon those assumptions, and formulate research plans for further tests of the assumptions. Particular attention is given to the empirical bases for various theories regarding when compensation should be paid for environmental and land use restrictions imposed upon property. The course does not assume statistical or econometric knowledge, nor are students asked to conduct statistical tests. Instead, the emphasis is on learning to identify often hidden empirical assumptions, gaining rudimentary understanding of empirical methodologies, and developing an ability to formulate research questions for persons (such as expert witnesses) who do have the econometric skills necessary to actually execute the studies. Students prepare short critiques of existing empirical studies and present a proposal for an empirical study. Students who wish to use the seminar for a part A paper may use the proposal as the springboard for a longer analysis. The seminar lays the groundwork for developing a clinic in which students provide empirical analyses necessary for informed land use and environmental policy discussions. Although a background in land use or environmental law is not an absolute prerequisite, some familiarity with at least one of those areas is desirable.
Land Use, Housing, and Community Development in New York City G62.1106 (Law and Society)/L10.3506 (Law) Schill, Upham.
Overview of the theory and practice of urban development in low- and moderate-income neighborhoods. Focus is on three specific subject areas: land use, housing, and community development. Begins with background readings on the growth of cities and urban economies, the interaction of demographics and markets, and the legal framework of local government in general. Then looks in detail at a series of case studies selected to illustrate the fundamental legal, political, and economic issues in land use and housing. The primary goal for the seminar is the familiarization of the students with the legal and political frameworks within which development takes place in low- and moderate-income neighborhoods in New York City . A second goal is the explication in several concrete settings of the relationship between legal doctrine—the presentations of “legal frameworks” that begin the seminar and each case study—and what actually results from the interaction of legal, political, and economic forces. A third goal is the training of students in empirical fieldwork and sociolegal methodology. Fieldwork reports provide an opportunity for students to integrate empirical investigation with theory building.
Sex Discrimination Law G62.2006 (Law and Society)/L08.3508 (Law) Ellis, Goldscheid.
Taught by feminist practitioners, this course seeks to integrate feminist theory with the practice of women's rights law by examining a wide range of contemporary women's rights legal issues. Beginning with the development of constitutional protection for gender discrimination, the course examines topics such as reproductive rights, educational equity, violence against women, employment, and gender bias in the courts, with attention to how women's rights concerns intersect with issues of race, class, and sexual orientation. The course discusses how litigation, public policy, and legislative strategies have and can be used to achieve feminist visions of equality.
Sexuality and the Law G62.2007 (Law and Society)/L08.3509 (Law) Ettelbrick.
Begins with the development of constitutional, medical, and theoretical constructions of sexuality. The question of how state regulations and legal analysis promote or reflect certain views of sexuality, gender, and sexual orientation is central to discussion and study. The later part of the course applies this background to three specific institutional contexts in which the social rules of sexuality and gender are challenged and charged through the legal process: the military, marriage and the family, and the workplace.
Intimate and Family Violence L08.3501 (Law) Mills.
Lawyers and social workers are often unprepared for the unique emotional, legal, and cultural challenges posed by working with survivors of intimate abuse. In part, the tension lies between the public feminist discourse on domestic violence and the individual realities of battered women's lives. Drawing on legal and related social work research and methods, this interdisciplinary course for law and social work students explores how to reconcile cultural, political, mental health, and safety concerns as they are reflected in the movement to address domestic violence. Using empirical studies as a platform for exploring diverse approaches to working with battered women, their batterers, and their children, this course develops a method that lawyers and social workers can use to traverse such issues as the batterer's recidivism and the victim's autonomy. Developing a critique of feminist theory from the survivor's point of view is key to improving existing strategies for addressing domestic abuse.
Rights of the Mentally Disabled G62.2008 (Law and Society)/L08.3535 (Law) Levy.
Study of the delicate balance between government benevolence and individual autonomy. This seminar considers the rights of persons with mental disabilities in institutional and community settings and explores issues involving psychiatric expertise, involuntary commitment, the right to treatment, the right to refuse treatment, discrimination, the rights of newborns with mental disabilities (the “Baby Doe” cases) and medical decision making for incompetent persons (Cruzan, et. al.). Students examine the development of case law and statutes and the social policies underlying them, analyze briefs and transcripts from selected cases, and attend a commitment hearing.
Free Speech, Censorship, and Culture G62.1204 (Law and Society)/L01.3502 (Law) Adler.
Examines the law of free speech and censorship from an interdisciplinary perspective. Explores the following questions: What are the roots of the impulse to censor? What cultural assumptions are embedded in First Amendment law and theory? How does censorship law reflect or reinforce cultural anxieties about certain subjects, such as gender and class, and about certain forms of expression, such as technology and art? In what ways does censorship law shape literature, art, and popular culture? Readings include First Amendment case law and theory as well as selections from other disciplines
History and Theory of International Law L06.3539 (Law) Kingsbury.
This course explores the intellectual foundations of contemporary international law. The aim is to embed thinking about international law in wider bodies of political and legal theory. The course considers the competing approaches to international order developed by Grotius, Pufendorf, Hobbes, and some of their modern successors, including fundamental concepts of sovereignty, anarchy, and society, and rights and law in international relations; the approaches to imperialism and colonial expansion taken by Vitoria, Gentili, Locke, and 19th-century British liberals, and the interaction of international law with colonial and postcolonial projects; the vitality of alternative models of international order and alternative histories of international law; the theoretical underpinnings of the positivist-progressivist mainstream of international law in the 20th century, with a particular focus on Oppenheim and on the relations of law to power; the imagination and problems of international law as law and as a discipline and of the roles of international lawyers.
Indigenous Peoples in International Law L05.3547 (Law) Kingsbury.
Issues concerning indigenous peoples (including descendants of precolonial inhabitants in the Americas and Australasia and groups in Asia and elsewhere) are increasingly significant in many countries and in the United Nations, the World Bank, the Organization of American States, and other international institutions. This seminar discusses challenges to the standard liberal concepts and to democratic theory posed by such issues as the meaning and problems of the concept of indigenous rights; the nature and meaning of the right to self-determination (including native peoples' self-determination if Quebec secedes from Canada and important developments in indigenous peoples' rights in Latin American states); tensions between individual rights and group rights (e.g., in discriminatory membership rules); minority rights regimes in international law; tensions between indigenous peoples' rights and environmental law; and indigenous peoples' rights under international trade and intellectual property regimes.
Children's Rights in International Law L05.3563 (Law) Alston.
This seminar focuses on the evolution of children's human rights within the context of international law and the extent to which they have influenced the content and institutional arrangements for the promotion of human rights. The Unites Nations convention on the Rights of the Child, the most widely ratified human rights treaty in history, provides the framework for discussions. The seminar considers the background drafting of the 1989 Convention and ways in which the broader international law framework impacts upon children. It explores conceptual dilemmas involved in the recognition of these rights; the content of the major principles enshrined in the Convention (notably the principles of nondiscrimination; the best interests of the child; and children's right to participate). The focus is on key topics such as abortion; juvenile justice; corporal punishment; child soldiers; intercountry adoption; refugee children; and child sexual exploitation.
International Human Rights L05.3034 (Law) Alston.
This course provides a general introduction to the role of human rights in the 21st century. It examines the historical origins of the concept, its international legal context, and its normative structure. Themes that run throughout the course include cultural relativism, the relationship between rights and duties, the “public-private” distinction, and the changing conceptions of statehood and sovereignty. The course concentrates on the United Nations system, dealing with both charter-based and treaty-based arrangements. In order to illustrate the functions and processes of institutions, the course looks at issues such as disappearances, arbitrary detention, female circumcision, homosexuality, political participation, and democratization. The role of nonstate actors, and corporations in particular, is examined.
Constitutional Justice and Comparative Perspective L01.3528 (Law) Pasquino.
This course focuses on the decision-making procedures, the type of deliberation, and the reasons-giving rhetoric of constitutional courts in different countries (notably France , Germany , Italy , Spain —other national cases are considered according to the interest, the nationality, and the linguistic competencies of the students). More specifically, students read and discuss opinions of the courts and analyze the role these institutions play in the structure of constitutional governments. The origins of judicial review and tensions between democratic accountability and constitutional adjudication are also discussed.
Law and Development L06.3554 (Law) Holmes, Upham.
This course examines the various theories of the role that law and legal institutions play in national economic, social, and political development and use empirical evidence from selected countries to critique these theories. Approaches range from neoclassical economics to cultural determinism to institutional sociology and include the work of authors like Douglas North, Amartya Sen, Chalmers Johnson, and Hernando de Soto . The course considers themes such as the definition of the rule of law for developing societies; the meaning of development; the impact and influence of economic globalization; the role of external organizations such as the World Bank, the WTO (World Trade Organization), or USAID (U.S. Agency for International Development); and the role of factors such as culture, history, and race.
Race and the Law: The United States and South Africa G62.3003 (Law and Society)/L06.3542 (Law) Higgenbotham Jr.
Comparative analysis of the legal process in South Africa and the United States . Focus is primarily on (1) the political leadership and in-court advocacy by lawyers and (2) the similarities and differences in the education laws and cases in South Africa and in the United States .
Law and Society in Japan G62.3004 (Law and Society)/L05.3006 (Law) Upham.
Looks at the interaction of the legal system and legal institutions with Japanese society, politics, and economics. The goal is to use Japan as a case study of the role that law can play in contemporary advanced democracies and thereby test current social theory of law and society against a non-Western experience. Looks closely at several different areas of law in Japan , including environmental protection, patients' rights, freedom of religion, civil rights issues in employment discrimination and affirmative action, criminal procedure and police practices, HIV/AIDS, and family law. Readings consist of translated cases, statutes, and other types of legal documents, and secondary materials. Evaluation is based primarily on a take-home examination/essay, although in particular circumstances permission is granted to students who wish to write a research paper instead. No particular background is required or recommended, and students with no previous interest or experience in Japan are welcome.
Law and Society in China G62.3005 (Law and Society)/L05.3009 (Law) Cohen, Scogin.
Deals with the development of the indigenous Chinese legal tradition, within the context of the Confucian, legalist, and Taoist philosophy; the reform of law in modern China ; and the emerging legal framework for foreign investment in China . The Confucian legal tradition is at the core of the legal cultures of East Asia including Japan , Korea , and much of Southeast Asia . The first part of the course serves as an introduction to that tradition. Contemporary China has seen an effort to create a new legal system within the context of transforming a communist command economy into a market system. The second part of the course looks at the role of law in this process from the perspective of domestic actors as well as foreign investors.
Islamic Law and Society G62.3006 (Law and Society)/G77.1852 (Middle Eastern and Islamic Studies)/L05.3560 (Law) Haykel.
The aim of this seminar is to expose graduate students to a variety of writings in and on Islamic law. The first readings consist of introductory surveys. These are followed by recent studies on the theoretical foundations of Islamic law (usul alfiqh). Students then sample some substantive legal material as it is presented in the classical legal manuals. The aim here is to give a sense of the way in which Islamic law was traditionally presented and how these manuals were then used by scholars. This is followed by an examination of the methods and forms of transmission of Islamic legal knowledge and expertise. Students then look at a number of studies that depict Islamic law as it was understood, practiced, and enforced. Next, students look at the treatment of Islamic jurists of marginals and minorities in theoretical writings as well as historical experience in order to explore how norms were established and enforced and how those who did not fully fit these were conceived and treated by the law. Finally, students survey the attempts to reform Islamic law in modern times.
Women and Islamic Law G62.3007 (Law and Society)/G77.1854 (Middle Eastern and Islamic Studies) Haykel.
Acquaints students with the ways Islamic law has treated women in theory and practice. Students are exposed to medieval and modern texts regarding the status of women as believers, daughters, wives, mothers, and legal persons. Case studies from different periods of Islamic history as well as writings from contemporary anthropology are read and discussed. The aim is to examine the ways in which Islamic law has been variously defined, invoked, implemented, or not implemented, in different contexts. Emphasis is on the strategies women have sought to transgress “the law” in order to achieve a better outcome for themselves. In addition, students look at the ways in which modern legislation in the Muslim world has treated women and discuss the debates over their rights and identity that have taken place amongst feminists (both Muslim and non-Muslim) and Islamists and in international bodies such as the United Nations.
Comparative Criminal Justice Clinic: Focus on Domestic Violence L02.2504 (Law) Das Dasgupta, Maguigan.
Domestic violence occurs everywhere, with different resonances in different cultures. Every country has a criminal justice system, but the attempt to use arrest and prosecution as tools against domestic violence is far from universal. Within each nation where domestic violence is prosecuted, there is debate about whether a criminal-court approach will ever make more than a marginal difference. This debate, examined in a comparative and interdisciplinary context, is the focus of the weekly seminar. Specific areas of inquiry include mandatory arrest, prosecutorial discretion, no-drop policies, and mandatory reporting to law enforcement by health care providers. The main points of comparison are India and the United States .
Legal Changes After Communism L05.3522 (Law) Holmes.
This yearlong seminar focuses on the main issues of postcommunist legal development, with an emphasis on Russia and the countries of Eastern Europe , including problems of judicial review, federalism, separation of powers, legislative oversight, rights enforcement, electoral law, and corruption.
Transitional Justice in Times of Transition L05.3536 (Law) Boraine, Van Zyl.
This course deals with the historical, political, social and, especially, legal questions arising from transitions in countries emerging from dictatorship or authoritarian governments to new forms of democracy. In particular, the emphasis is on how countries deal with their past in building a new future. Many countries have experienced grave violations of human rights, and the course examines the various ways of addressing these violations. The focus is on tribunals and truth commissions. The course considers the period of the Nuremberg Trials until the contemporary conflicts in the Balkans.
Case Studies in Transitional Justice L05.3540 (Law) Prerequisite: L05.3536. Boraine, Van Zyl.
Case studies, historical and contemporary, of countries experiencing transition are discussed in this course. In each case study, documents related to the specific country are made available to the students prior to the class. Examples of some of the countries considered include Peru , East Timor, Ghana, Sierra Leone , Mexico , Northern Ireland , Afghanistan , Burma , and Zimbabwe . Students select one case study for their semester paper.
Global Public Service Lawyering: Theory and Practice L05.4510 (Law) Maguigan, Upham.
This seminar examines the history and theory of public interest lawyering from a global perspective. Topics include the effectiveness of impact litigation versus other approaches to social change, the appropriateness of public interest law for non-Western societies, the impact of economic markets on the developing world, the role of international legal and political norms on domestic law, and the consideration of the role of lawyers and legal institutions in addressing these issues.
The Empowered Self: Law and Society in the Age of Individualism L06.3551 (Law) Franck.
This seminar examines the gradual emancipation of the individual in national and international law, including the right to nationality, religion, choice of career, and name. These and other issues of personal emancipation are studied in the context of various legal systems and cultures. The emerging rights pertaining to gender and political participation are discussed by reference to the historic evolution of human rights and civil rights.
Topics in Law and Society G62.3300 (Law and Society) Staff.
Special topics.
Reading and Research G62.3304 Staff.
Independent study.
COLLOQUIA FOR CREDIT
Colloquium in Legal, Political, and Social Philosophy L06.3517 (Law) Dworkin, Nagel.
Interpretation, the Human Sciences, and the Law: The Lawyering Theory Colloquium G62.1401 (Law and Society)/L06.3555 (Law) Amsterdam , Bruner, Davis , Morawetz.
Colloquium on Constitutional Theory L06.3501 (Law) Friedman, Kramer, Sager.
Colloquium on Law, Economics, and Politics I and II L06.3531 and L06.3513 (Law) Full-year course. Ferejohn, Kornhauser.
Colloquium on the Law, Economics, and Politics of Urban Affairs L10.3504 (Law) Been, Ellen, Schill.
Legal History Colloquium L06.4515 (Law) Full-year course. Nelson.
Colloquium on Culture and Law L06.3587 (Law) Bruner, Chase.
Globalization and Its Discontents Colloquium L05.3557 (Law) Fox, Kingsbury, Stewart.
Colloquium on Innovation Policy L12.3534 (Law) Dreyfuss, First.
NONCREDIT COLLOQUIA
Law and Society Colloquium (Law and Society) Dixon , Kornhauser.
Law and Society Workshop (Law and Society) Dixon , Greenberg.
Hoffinger Criminal Justice Colloquium (Center for Research in Crime and Justice/Law) Jacobs, Garland , Skolnick.