Course Catalog

The American Indian Law Workshop features presentations from scholars specializing in Federal Indian Law, the Laws of Tribal Nations, and law-adjacent Native or Indigenous Studies.

• Type: Seminar

This course covers the basic institutions of civil litigation in an adversary jury trial system. It explores the different procedural devices that arise out of the relationships among the parties, the judge, and the jury. Many litigation topics are covered, including issues relating to pleadings, discovery, other pretrial procedures, joinder, preclusion, and jurisdiction.

• Type: First Year Required

Professor Chaney's section: This course will explore the practical, conceptual and procedural mechanics of civil rights practice through mock litigation of one or more simulated case studies. Students will engage the stages of litigation, including claim and defense development, preparing and answering pleadings, crafting written discovery, conducting effective depositions, and presenting oral argument, while exploring the nuanced issues that arise in civil rights practice. Professor Steinberg's section: This course examines how civil rights lawyers use federal civil rights litigation to address contemporary social problems. Students will develop and litigate a simulated case based on an actual controversy in Detroit where police officers "removed" unhoused individuals from tourist-friendly areas against their will. Students will gain experience in client interviewing, public records requests, writing demand letters, drafting complaints, responding to motions to dismiss, oral argument, depositions, and negotiations. They will also learn how to overcome the many procedural obstacles to justice posed by 42 U.S.C. section 1983 and explore the ethical issues faced by public interest lawyers when representing clients in civil rights cases. The course will emphasize how litigation can be most effective in achieving social change when it is a part of an "integrated advocacy" campaign that includes public education, legislation, and/or community action.

• Type: Practice Simulation

This course examines the application of legal principles as a limitation on the definition of crime; the theories underlying criminal law; and the problems of the imposition and execution of sentences. Also examined are various specific areas of substantive criminal law, including: (1) general principles applicable to all crimes, e.g., mistake, causation, legal insanity, intoxication, and rules of justification and excuse; (2) accountability for the acts of others; and (3) attempt and conspiracy.

• Type: First Year Required

An analysis of the legal and practical problems presented in the administration of criminal justice from the point of bail to post conviction review. Subjects include: prosecutor's discretion, preliminary examination, grand jury operations, discovery, joinder and severance of parties and offenses, plea negotiations, acceptance of guilty pleas, selection and role of the jury in criminal trials, selected trial problems, sentencing, appellate and habeas corpus review, and professional responsibilities of the prosecutor and defense attorney.

• Type: Upper Class

Race, Sex, and Religion in U.S. Prisons. This seminar will examine the lived experience, statutory and constitutional law, and resulting litigation involving race, sex (including gender, sexual orientation and gender identity, and sexual abuse), and both religious exercise and religiously-focused rehabilitation in American jails and prisons. Students may write a case study of a case or legislative effort, conduct an oral history interview, or do a different paper on a topic approved by the professor. An additional credit is available for particularly in-depth papers or oral histories.

• Type: Seminar

How should we respond to wrongdoing? The law has several tools, most prominently punishment and compensation. In our personal lives, we have other tools, like apology, forgiveness, and reconciliation. Some would like to see those tools play a larger role in law, perhaps to the exclusion of punishment. In this class, we'll consider the many ways we respond to wrongdoing, as individuals and as societies. We'll study theories of punishment, repair, revenge, apology, and forgiveness. We'll investigate restorative justice and reparations for historical wrongdoing. The readings will be primarily philosophical, but no background in philosophy is required.

• Type: Upper Class