This seminar will examine the ways in which race has played a role in the development of American law.  We will look at how race is defined in America and look at the experience of different racial minorities both historically and in the present day.   The ways in which race plays a role in particular areas of law, such as criminal law and housing law, will also be examined.  The course material for this seminar will be the work of scholars who have explored the historical and on-going subordination of racial minorities and provided critiques of legal regimes which have enforced racial subordination.      

When class actions became a feature of the American civil litigation landscape in the 1960’s, few people anticipated how pervasive and powerful they would become. However, as loudly as supporters have applauded the ability of courageous plaintiffs and their innovative attorneys to use class actions to seek redress for social and economic wrongs, critics have just as vocally attacked what they perceive as unaccountable, attorney-driven litigation. This seminar is designed to provide a basic introduction to the fascinating world of class action litigation. Topics to be covered include: the purpose of class actions; class certification; notice and opt-out rights; litigation strategy and settlement. Throughout the course, students will also explore the thorny academic and practical questions raised by class actions.

The law is often called upon to judge the question of what is art and to resolve disputes between artists and society and institutions.  Art works can raise questions of obscenity, such as Robert Mapplethorpe’s photos, or questions of use and ownership, such as Andy Warhol’s soup cans.  This class will discuss what, if any, limitations society can impose on artists and where those boundaries are. The course will also explore issues such as the artist’s rights in a work of art; fair use and sampling; artistic freedom; and obscene or offensive artworks as free speech.

This course treats contemporary problems raised in international private dispute resolution, including civil litigation of international cases in U.S. courts, comparative law and procedure in European practice, and, to a lesser extent, arbitration. The course will complement International Arbitration and Dispute Resolution, to be offered in Spring 2010. The course includes the following topics: acquisition of judicial jurisdiction over foreign defendants; extraterritorial application of [deleted] law; service of process abroad; obtaining evidence abroad; procuring foreign counsel; proof of foreign law in U.S. courts; choice of forum issues, including both federal and state courts, here and abroad; choice of law in the international context; enforcement of foreign judgments; and foreign sovereign immunity and related issues of sovereignty.

This course will provide an overview of the Warren Court, covering the constitutional issues, such as Congressional powers, equal protection, implied fundamental rights, free speech, freedom of religion and criminal law. Each student will select a Justice who served on the Warren Court, provide some biographical background, and write about a topic on which the Justice wrote while on the Warren Court.