Carl T. Bogus

Photo of Carl T. Bogus
Carl T. BogusProfessor of Law

Contact Information

401-254-4617cbogus@rwu.eduSSRN Author PageCurriculum Vitae

Education

J.D., Syracuse University
A.B., Syracuse University

Professor Bogus has written extensively about political ideology, torts and products liability, and gun control and the Second Amendment. He is the author of two books – Buckley: William F. Buckley Jr. and the Rise of American Conservatism (Bloomsbury Press 2011) and Why Lawsuits Are Good for America: Big Business, Disciplined Democracy and the Common Law (NYU Press 2001). He is also the editor of The Second Amendment in Law and History: Historians and Constitutional Scholars on the Right to Bear Arms (The New Press 2001). In addition to professional journals, his writings have appeared in the New York Times, USA Today, Los Angeles Times, Boston Globe, Washington Times, Providence Journal; The Nation, American Prospect, and American Conservative magazines; CNN's website, and National Review Online.

He is presently at work on a long-term project challenging the current paradigm in antitrust law. Professor Bogus argues that antitrust law should not merely be concerned with consumer welfare but also with consolidated power. His first article in that project, “The New Road to Serfdom: The Curse of Bigness and the Failure of Antitrust,” was published by the University of Michigan Journal of Law Reform, and his second antitrust piece, "Books and Olive Oil: Why Antitrust Must Deal with Consolidated Corporate Power, " will be published by the same journal in January 2019.

Professor Bogus is especially well known for his thesis that James Madison drafted the Second Amendment to assure his constituents in Virginia and the South generally that the federal government could not disarm the state militia, on which the South relied for slave control, as set forth in his article “The Hidden History of the Second Amendment” published by U.C. Davis Law Review.  

He has received the Ross Essay Award from the American Bar Association and the Public Service Achievement Award from Common Cause of Rhode Island.

He teaches Torts, Products Liability, Evidence, Antitrust Law, and other subjects.

Books

“The Hard, Simple Truth about Gun Control,” in Guns in the Law, edited by Austin Sarat (Amherst, Massachusetts: University of Massachusetts Press, forthcoming 2018)(Amherst College Series in Law, Jurisprudence, and Social Thought)

"Fighting Over the Conservative Banner," American Conservatism: NOMOS LVI (NOMOS - American Society for Political and Legal Philosophy), edited by Sanford V. Levinson, et al. (New York: NYU Press, 2016).

Buckley: William F. Buckley, Jr. and the Rise of American Conservativism (New York: Bloomsbury Press, 2011)

Why Lawsuits are Good For America: Disciplined Democracy, Big Business, and the Common Law (New York: NYU Press, 2001)

The Second Amendment in Law and History: Historians and Constitutional Scholars on the Right to Bear Arms (New York: New Press, 2001) (Ed.)

Articles

The New Road to Serfdom: The Curse of Bigness and the Failure of Antitrust, 49 University of Michigan Journal of Law Reform 1 (2015).

Heller and Insurrectionism, 59 Syracuse Law Review 255 (2008)

Gun Control and America's Cities: Public Policy and Politics, 1 Albany Government Law Review 440 (2008)

Rescuing Burke, 72 Missouri Law Review 387 (2007)

Fear-Mongering Torts and the Exaggerated Death of Diving, 28 Harvard Journal of Law and Public Policy 17 (2004)

The Hidden History of the Second Amendment, 31 U.C. Davis Law Review 309 (1998)

The Third Revolution in Products Liability, 72 Chicago-Kent Law Review 3 (1996)

The Death of an Honorable Profession, 71 Indiana Law Journal 911 (1996)

Courses Taught

LAW.631Administrative Law

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Course Description

This course introduces the growth and development of administrative law and procedure. Topics include constitutionality and delegation of power, discretion, policy, regulatory and adjudicative functions, rules, orders, jurisdiction, investigative functions, procedures, due process and judicial review.

Course Type See Course Type Descriptions

Elective

Course Credits

3.0

Course Degree

Juris DoctorMaster of Studies in Law

LSM.781Antitrust

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Course Description

This course examines the limitations imposed by the Sherman Act, Clayton Act, and Federal Trade Commission Act on anti-competitive practices of businesses. The course includes price fixing, monopolization, mergers, tying, restraints in distribution, boycotts, price discrimination, procedural issues in private enforcement, and the relationship between state and federal laws and enforcement.

Course Type See Course Type Descriptions

Seminar

Course Credits

2.0

Course Degree

Juris DoctorMaster of Studies in Law

Faculty Associated

Carl T. Bogus

LAW.645Evidence

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Course Description

This course introduces the law controlling the introduction and exclusion of evidence in civil and criminal trials. Topics include burden of proof, presumption, judicial notice, burden of production, burden of persuasion, competency of witnesses, relevancy, examinations of witnesses, privileges, hearsay, demonstrative evidence, documents and the function of judge and jury.

Course Type See Course Type Descriptions

Core Course

Course Credits

4.0

Course Degree

Juris DoctorMaster of Studies in Law

LAW.742Products Liability

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Course Description

This course explores tortuous injuries engendered by products, a predominant basis of modern tort litigation. Students will discuss the nature of product defect- manufacturing, design and marketing imperfections–and the various theories of liability–risk/utility and consumer expectation models. Finally, this course will examine contemporary products liability issues including the nature of products and their associated services, as well as the predicted return to a fault-based system of liability.

Course Type See Course Type Descriptions

Seminar

Course Credits

2.0

Course Degree

Juris DoctorMaster of Studies in Law

Faculty Associated

Carl T. Bogus

LAW.709Social Justice

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Course Description

The law is used not only to secure justice for parties in individual cases but also to bring about social change. This course examines how lawyers have done that. The readings will be autobiographies, biographies, and other books about lawyers who pursued their visions of social justice. The class will discuss what motivated these lawyers, how they designed overarching strategies to achieve their objectives, the tactical decisions they made along the way, and their leadership styles. There will be no prescribed definition of “social justice.” Instead, students will be asked to think about what “social justice” means to them, and lawyers with different ideological perspectives will be studied. This course is designed for students who hope to pursue public interest careers and for students who hope to find opportunities to advance the public good while engaged in an ordinary legal practice.

Course Type See Course Type Descriptions

Elective

Course Credits

3.0

Course Degree

Juris DoctorMaster of Studies in Law

Faculty Associated

Carl T. Bogus

LAW.616Torts I

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Course Description

This course provide an introduction to the law of liability for civil wrongs. Topics include intentional torts, negligence, strict liability, nuisance and damages.

Course Type See Course Type Descriptions

Core Course

Course Credits

3.0

Course Degree

Juris DoctorMaster of Studies in Law

Faculty Associated

David A. LoganCarl T. Bogus

LAW.617Torts II

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Course Description

This course provides an introduction to the law of liability for civil wrongs. Topics include intentional torts, negligence, strict liability, nuisance and damages.

Course Type See Course Type Descriptions

Core Course

Course Credits

2.5

Course Degree

Juris DoctorMaster of Studies in Law

Prerequisite

LAW.616 – Torts I

Faculty Associated

Carl T. BogusDavid A. Logan

LSM.856 (Honors Course)Torture and American Lawyers

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HONORS COURSE

This course will meet for six weeks.

 

Course Description

Following 9-11, lawyers in the Department of Justice and White House concluded that the United States could lawfully torture prisoners to extract information (or use "enhanced interrogation techniques," as they euphemistically put it). Their conclusions are highly controversial. This course involves reading and discussing essays related to this controversy in the anthology Torture: A Collection (Sanford Levinson ed.). This course will be taught by Professor Carl Bogus.
HONORS COURSE

Course Type See Course Type Descriptions

Seminar

Course Credits

1.0

Course Degree

Juris Doctor

Faculty Associated

Carl T. Bogus
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Course Types

We have classified RWU Law classes under the following headers. One of the following course types will be attached to each course which will allow students to narrow down their search while looking for classes.

Core Course

Students in the first and second year are required to take classes covering the following aspects of the law—contracts, torts, property, criminal law, civil procedure, and constitutional law, evidence, and professional responsibility.  Along with these aspects, the core curriculum will develop legal reasoning skills.

Elective

After finishing the core curriculum the remaining coursework toward the degree is completed through upper level elective courses.  Students can choose courses that peak their interests or courses that go along with the track they are following.

Seminar

Seminars are classes where teachers and small groups of students focus on a specific topic and the students complete a substantial research paper.

Clinics/Externships

Inhouse Clinics and Clinical Externships legal education is law school training in which students participate in client representation under the supervision of a practicing attorney or law professor.  RWU Law's Clinical Programs offer unique and effective learning opportunities and the opportunity for practical experience while still in law school.