Course Catalog

This course includes a thorough examination of the legal framework--constitutional, statutory, and common law--that empowers and constrains a wide range of federal administrative agencies. We will also look at the ways agencies themselves make law through rulemaking and adjudicate cases, and cover a range of other topics, including agency due process, adjudication in agencies, limitations on judicial review, standing, and finality. We will also engage issues of current concern, including presidential control of agencies and so-called e-government. This course is for students who have not taken Law 569, Legislation and Regulation.

• Type: Upper Class

This seminar will trace the beginnings of the Foreign Corrupt Practices Act (FCPA) and go into depth on central aspects of the FPCA in theory and practice. It will also address issues around corruption in international business, the OECD initiatives the United Nations Convention Against Corruption, and other regional/supra/international attempts to reduce public corruption. We will also discuss compliance programs, investigations (including special issues related to cross border investigations), prosecutions/defense and resolution of FCPA issues.

• Type: Seminar

This course will examine the legal framework governing the federal budget and appropriations process. We will address the constitutional, statutory, and administrative principles that shape fiscal decision making in the U.S. government. Students will explore the roles of Congress, the Executive Branch, and the judiciary in the allocation and control of public funds, analyzing key statutes such as the Budget and Accounting Act, the Budget and Impoundment Control Act, and the Antideficiency Act, as well as the key means of enforcement of appropriations law principles from within the Executive Branch, from congressional and Government Accountability Office oversight, and from the courts. We will also discuss the role and power of the Office of Management and Budget in directing Executive Branch spending decisions.

• Type: Upper Class

With increasing frequency, cities and states are engaging in affirmative, plaintiff-side litigation. City and state initiated litigation, over the past decades, has resulted in some of the largest monetary judgments and settlement in U.S. history, including in the multistate tobacco litigation and the multi-jurisdiction opioid litigation. Cities and states also use affirmative litigation, often successfully, to push affirmative policy priorities--often against the federal government--in issue areas as diverse as climate change, civil rights, immigration, and others. This class will take a close look at city and state-initiated litigation, from both a doctrinal and theoretical perspective. The course will cover the authority and causes of action cities and states have to sue. Case studies examined will include major, headline-grabbing cases including opioid litigation, gun litigation, climate-change litigation, and litigation against presidential administrations of both parties. We will also, however, examine smaller-scale cases brought at a local level, particularly in the State of Michigan. Through it all, we will examine broader questions: when is it appropriate for a city or state to sue? Who are their "clients," and who do they represent? And when should litigation be initiated by governments as opposed to private plaintiffs?

• Type: Seminar

Congressional Investigations and Powers. The seminar will examine how conflicts between Congressional investigatory and impeachment procedures and legislative powers and Executive Branch privilege assertions and other defenses have led to gridlock between the branches. We will identify the factors that have contributed to these conflicts; review relevant federal court decisions, Office of Legal Counsel (OLC) opinions, and Congressional Rules; and consider options to improve the process for resolving inter branch disputes going forward. The classes will include video excerpts from Congressional hearings and incorporate guest lectures by current and former Congressional and Administration officials. Grading will be based 30% for class participation, 30% for discussion leads (each week 2-3 students will be assigned as discussion leads and asked to write a 2-page short paper analyzing the readings); and 40% for a final written assignment of 15 pages.

• Type: Seminar

From near limitless data collection to state-sponsored cyberattacks, cybersecurity affects us all. Cybersecurity addresses how individuals, companies, and governments attack and defend from each other in cyberspace, using digital devices and networks. This course addresses the wide range of legal (U.S. and international law) and policy issues associated with the rapidly evolving world of cybersecurity. Intended as an introduction to the topic, this course will begin with a brief overview of the internet and the cyber spectrum, from surveillance through destructive attacks. We will then cover the legal and policy dimensions around defensive and offensive cybersecurity. Topics include incident disclosure, data breaches, the Computer Fraud and Abuse Act, cyber espionage, election interference, and cyberattacks. No technical knowledge is needed.

• Type: Upper Class

The Clinic, which was founded in 1983, teaches students to be effective advocates for the National Wildlife Federation, other environmental justice and conservation organizations, and local governments. The course has both a clinical and a classroom component. For clinical work, students participate in administrative and civil litigation, comment on proposed rules and permits, submit public records requests, and draft legislation. Topics include environmental justice, climate change, natural resources & wildlife management, pollution control, and utility regulation. In the classroom, the focus is on representing organizations, practicing in an administrative law framework, effective client counseling, improving research skills (including through the use of AI), and obtaining public records. Students must enroll concurrently in the 4-credit clinic and the 3-credit seminar. Credits count toward New York's pro bono requirement. There are no prerequisites or corequisites, but having taken courses that cover administrative or environmental law would certainly be helpful.

• Type: Clinic

The Clinic, which was founded in 1983, teaches students to be effective advocates for the National Wildlife Federation, other environmental justice and conservation organizations, and local governments. The course has both a clinical and a classroom component. For clinical work, students participate in administrative and civil litigation, comment on proposed rules and permits, submit public records requests, and draft legislation. Topics include environmental justice, climate change, natural resources & wildlife management, pollution control, and utility regulation. In the classroom, the focus is on representing organizations, practicing in an administrative law framework, effective client counseling, improving research skills (including through the use of AI), and obtaining public records. Students must enroll concurrently in the 4-credit clinic and the 3-credit seminar. Credits count toward New York's pro bono requirement. There are no prerequisites or corequisites, but having taken courses that cover administrative or environmental law would certainly be helpful.

• Type: Clinic

This course will explore the legal, historical and policy perspectives that shape U.S. law governing immigration and citizenship. The course provides a general overview of the constitutional and international law foundations underlying immigration regulation, the history of immigration law in the U.S., the source and scope of congressional and executive branch power in the realm of immigration, and the role of the judiciary in making and interpreting immigration law. The course will closely examine the admission, exclusion, removal and naturalization of noncitizens in the United States.

• Type: Upper Class

This is a survey course designed to introduce students to insurance institutions and insurance law, with the ultimate goal of understanding the role of insurance in society. Liability, health, and property insurance will receive the most attention, but we will also discuss life and disability insurance. After taking this course, students will know how to read and analyze a standard form insurance contract, how to work with insurance regulatory materials, how to spot the insurance issues in a wide variety of legal and public policy contexts, and how to think about insurance related issues using conceptual tools from a variety of disciplines. Cross-cutting themes of interest include the hidden role of insurance in shaping litigation strategy, the regulatory function of insurance contracts, and the ways in which various conceptions of justice are achieved through insurance mechanisms as well as insurance regulation.

• Type: Upper Class

Most of our lives take place in physical space. We live in homes and work in office or industrial buildings (or, for that matter, in homes). Our lives are further shaped by decisions about the location and design of everything from power plants to agriculture. Land use law regulates what goes where, affecting nearly every aspect of social and economic activity. This course will examine how that regulation proceeds, legally, as well as the effects of current regulatory approaches and contemporary fights over land use policy. We will discuss the leading approaches to planning and zoning available to municipalities and the political and administrative mechanisms used to implement them: i.e. how can land be used, and who decides? We will also study important forms of public land use regulation outside of zoning, such as building codes, subdivision regulations, environmental review, and historic preservation. While much of our focus will be on local land use regulation, we will also consider other actors, including the role of the state and national governments in land use and private alternatives to public land use regulation. Other topics may include the relationship between local revenue sources and land use and the limitations on land use regulation imposed by the federal and state constitutions, including with respect to takings and exclusionary zoning. Throughout, we will examine the historical roots and present-day stakes of these legal choices.

• Type: Upper Class

Students enrolled in this course will work on a major policy reform and its implementation with the highest policy organ of the Government of India. The policy reform could be climate change, women's empowerment, financial inclusion, or another topic. Concurrent enrollment in the Law and Economic Development in India: Behavioral Approaches and Policy Implementation seminar is required.

• Type: Seminar

This course is for those curious about the place of "the rural" in American law and politics. Perhaps you've noticed the buzz and backlash surrounding books like JD Vance's Hillbilly Elegy. Maybe you've read about the opioid epidemic in rural communities or are interested in voting access for rural Native people. This course will push students to think seriously about how law shapes rural communities and how rural geography in turn shapes legal and policy implementation. The course will survey a broad range of legal subfields and expose students to historical and contemporary legal problems specific to rural communities in the United States by using legal, political, and historical sources. We will cover topics such as rural legal aid, environmental protection, American Indian law, farmworkers rights, rural technology, education policy, land use, water law, and even criminal prosecution. In the process we'll consider changing legal definitions of the rural, consider how each of the topics covered are intertwined, and rethink the place of rural communities in American law and policy. Students will leave the course with the ability to reassess the relationship between legal principles learned in other courses and the spaces and places in which those laws and legal decisions are implemented.

• Type: Seminar

An emerging movement known as the Abundance Agenda is drawing attention to how government dysfunction underwrites a host of problems in the United States, ranging from crumbling infrastructure to inadequate housing to rampant tax evasion. The law contributes to government dysfunction in myriad ways, including through a procedurally hidebound administrative law, an overzealous judiciary, robust participatory norms, antiquated civil service rules, and cumbersome procurement processes. The class would drill into a legal culture that has made it so hard to govern effectively, with an eye to a reform agenda that acknowledges tough tradeoffs and gives government the tools to create a better future for all Americans.

• Type: Seminar

In the modern regulatory state, the rules that most profoundly shape private conduct come not from the common law but, instead, from legislatures and agencies. This class will explore the lawmaking function of these institutions and the virtues and vices of administrative governance. Among other things, the class will cover: the nature of the legislative process; statutory interpretation; the justifications for regulatory intervention; regulatory tools and strategies; the allocation of authority between legislatures and agencies; the varied forms of agency decision-making; and judicial review of agency decisions. In offering a survey of public law, the course will introduce students to the essentials of both statutory interpretation and administrative law.

• Type: Upper Class

For most Americans, their primary interactions with the government are with local government: the schools that care for their children, the police departments that exercise deadly force on their behalf or against them, the zoning boards that decide where and how they can live, and the countless sanitation and transportation agencies on whose services they rely daily. This class examines those local governments. We will both study the law governing local governments' powers generally and explore the specific functions our political system has chosen to entrust to the lowest level of government. In doing so, we will consider what authority and responsibilities local governments have been granted and denied, how that authority may be exercised, how conflicts between local governments and other private and public entities are resolved, and who is empowered and excluded by these governance decisions. We will pay close attention to the institutional structures of local government: with more than 90,000 local governments in the United States, local governments are designed and operate very differently from each other, not to mention from the federal government. And throughout, we will ask how these legal choices about local government affect the most pressing policy issues of today--and how you, as local government lawyers or citizens of local government, can affect them in turn.

• Type: Upper Class

Instructor: Professor Debra A. Pinals, M.D. Course Summary: In this course, students will become oriented to common crossroads where law and psychiatry intersect. The course will begin with an overview of mental illness, substance use disorders, and intellectual and developmental disabilities from legal and clinical perspectives. A review of case law and legislation pertaining to civil commitment, the right to treatment, the right to refuse treatment, and guardianship will help students gain an understanding of the legal regulation of psychiatric practice. Risk assessment, confidentiality and the duty to protect third parties and related tort claims will be covered. Students will explore mental health assessments and expert witness testimony pertaining to criminal law in areas such as competence to stand trial, competence to proceed pro se, criminal responsibility, and sex offenders. Finally, students will have an opportunity to learn about public systems attempt to address mental health treatment needs in psychiatric hospitals, jails and prisons and other venues such as treatment courts and other models have been developed to limit the redirect individuals with mental illness and substance use disorders from incarceration. The course will provide a forum to review federal legislation, government agencies, and litigation and how they come together to help shape services in public systems. The course will rely on assigned readings, short lectures, video material, and classroom prompts to stimulate discussion. There will be at least one field trip as part of the course. Short written or activity-related assignments, classroom participation and a final brief paper will be the basis for final grades. This class will also have forensic psychiatrists in training in attendance, which provides for a multi-disciplinary learning environment!

• Type: Seminar

Public Lands and Natural Resources Law studies the expansive body of federal and state constitutional provisions, statutes, rules, customs, and processes governing the ways individuals; corporations; and federal, state, and local governments interact with federal public lands, state lands, private lands, water, air, wildlife, minerals, and other natural resources. In this course, we will study: (1) the history and status of U.S. federal public lands and the past and present conflicts governing those lands; (2) the laws and regulations governing national parks, national monuments, national forests, grazing lands, energy resources, wildlife, and other natural resources; and (3) ownership interests and rights relating to public and private lands and resources. In addition, the course will help students gain an appreciation of our relationship with the natural environment from cultural, historical, and economic perspectives in addition to a legal perspective.

• Type: Upper Class

This course covers the regulation of securities offerings and trading under the Securities Act of 1933 and the Securities Exchange Act of 1934. It examines offerings and the registration process under the Securities Act, along with reporting requirements under the Exchange Act. The course will also cover fraud, insider trading and civil liabilities under both Acts.

• Type: Upper Class