Course Catalog

China has struggled with "constitutionalism" since the late 19th century, and the last Chinese imperial dynasty's attempt at domestic political reform and self-strengthening in the face of aggressive foreign powers, European and Asian. That early engagement with constitutionalism, however, was focused entirely on Qing Dynasty-led political institutional reform, specifically the establishment of a national consultative assembly or even legislature, and transformation of the Qing dynasty into a species of constitutional monarchy. A separate idea, "strict constitutionalism" or the authoritative review of legislative and regulatory enactments or government action for conformity with the higher principles enshrined in a written constitution, only gained attention in the early 1930s with the rise of the Guomindang (KMT) single party state and serious constraints placed on what many Chinese citizens perceived to be basic civil and political rights. This seminar will focus on the development of such "strict constitutionalism" in the Chinese world between 1895 and the present, focusing on the unique elements of this project in the People's Republic of China (PRC) from 1949 to date, the Hong Kong Special Administrative Region transformed from a colony of the United Kingdom into a special administrative region of the PRC in 1997 Handover, and the Republic of China on Tawian as it has moved from "emergency" (military) rule to a more democratic system. Accordingly, the course will concentrate on the protection of basic human rights under domestic law (and constitutions) in the Chinese world, without significant consideration of how nation states in the Chinese world implement international human rights treaties domestically, whether directly or by incorporation of such treaty obligations into domestic law. Ultimately, the course will grapple with difficult questions about the basic suitability of such strict constitutionalism, or indeed the protection of basic civil and political rights against the state (or party behind the state) under domestic law, for Chinese world nation states, with some consideration of alternative mechanisms which might also ensure the protection of such rights.

• Type: Upper Class

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

An intensive and critical examination of the role of federal courts in maintaining a constitutional order in the United States. Among the topics considered are justiciability, the power of Congress to control the jurisdiction of federal and state courts, Supreme Court review of state court decisions, federal habeas corpus for state prisoners, and suits challenging official action.

• Type: Upper Class

This course examines the law made by The Supreme Court concerning the freedom of speech, and the freedom and establishment of religion.

• Type: Upper Class

Regulating by the Numbers: Benefit-Cost Analysis and OIRA Review --- With Congress perennially at a virtual standstill, most new federal legal requirements come from administrative agencies. And these regulations touch on some of our most fundamental values and challenges: human health, climate change, societal inequities, and so on. Over decades, agencies have developed standardized ways of incorporating these values, with benefit-cost analysis ("BCA") and review by the Office of Information and Regulatory Affairs ("OIRA") often taking center stage. This seminar will zoom in on these vital steps in the regulatory process, helping unlock a critical skillset for regulatory advocates. Topics will include the legal nuts and bolts of agency BCA and OIRA review, BCA's philosophical and economic underpinnings, deep dives on particular issues (valuing lives, climate-change costs, distributional considerations, future people, the environment, nonhuman animals, etc.), and alternative decisionmaking frameworks. We will touch on current events and live controversies in this space. Grades will be based on class participation, short reactions to the readings, and a semester-long term paper taking a stance on one of the technical or ethical issues raised in class. Previous or concurrent exposure to administrative law (e.g., taking Legislation and Regulation or Administrative Law) is recommended but not strictly required, and no economics background is expected.

• Type: Seminar