printer friendly pageLAW 7051: Local Government Law
This course will examine the source, scope and limits of local government power. It will consider the relationship of local governments to state and federal government and of the relationship of local governments to the individuals and communities within and around them. Specific themes will include the potential of local governments to be responsive democratic communities, the potential of local governments to become isolated or exclusive enclaves, and the effect of local governments on the metropolitan political economy. The course will examine state and federal doctrine that affects local government, political/ social theory and urban planning/ development literature. Students may write papers in lieu of the final exam. Upon instructor consent, students interested in writing should enroll in
Law 427-0-02. Students who do not receive a spot in section 02 may enroll in section 01. Elements used in grading: Exam or paper and class participation.
Terms: Aut
| Units: 3
Instructors:
Ford, R. (PI)
LAW 7063: Youth Law and Policy
This course examines current issues in youth law and policy with a focus on the potential and collateral effects of law on certain subpopulations of vulnerable youth. Substantively, the course focuses on case law and statutes in delinquency, dependency, education, public benefits, and health access with an attention to cross-section themes of poverty, economic justice, race, and youth voice. By the end of the course, students will have developed a better understanding of how litigation, legislation, and policy in youth law come about through examining recent developments in the field and the tools advocates have used to enact change. Any student may write a paper in lieu of the final exam with consent of instructor. After the term begins, students accepted into the course can transfer from the exam section (01) into paper section (02), with consent of the instructor. Elements used in grading: Class Participation, Attendance, Written Assignments; Exam or Final Paper.
Terms: Aut
| Units: 2
Instructors:
Blalock, B. (PI)
;
Brady, L. (PI)
LAW 7089: Originalism and the American Constitution: History and Interpretation
Except for the Bible no text has been the subject of as much modern interpretive scrutiny as the United States Constitution. This course explores both the historical dimensions of its creation as well as the meaning such knowledge should bring to bear on its subsequent interpretation. In light of the modern obsession with the document's "original meaning," this course will explore the intersections of history, law, and textual meaning to probe what an "original" interpretation of the Constitution looks like. Elements used in grading: Class Participation, Response Papers, Research Paper. Cross-listed with History (
HISTORY 252/352). Enrollment is on a first-come, first-served basis (limited to five SLS students). If you are unable to enroll in the class in Axess, please contact the instructor for availability.
Terms: Aut
| Units: 3
Instructors:
Gienapp, J. (PI)
LAW 7108: State Constitutional Law
Most consideration of constitutional law in law school focuses exclusively on the federal constitution. Traditionally, state constitutional law has been a neglected body of law. That may begin to change, as the U.S. Supreme Court makes significant changes to federal constitutional law. We will consider both big-picture questions and many specific areas of law. For example, we will explore a central normative debate about whether state courts interpreting their own state's constitution should follow the approaches to cognate provisions in the federal constitution embraced by the Supreme Court. We will also consider questions about the role of elected judges in constitutional interpretation, and about the processes through which state constitutions are amended. Specific issues we will study include educational equality and school funding; marriage; reproductive rights; race and gender discrimination; criminal justice; election law; and affirmative rights under state constitutions, among
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Most consideration of constitutional law in law school focuses exclusively on the federal constitution. Traditionally, state constitutional law has been a neglected body of law. That may begin to change, as the U.S. Supreme Court makes significant changes to federal constitutional law. We will consider both big-picture questions and many specific areas of law. For example, we will explore a central normative debate about whether state courts interpreting their own state's constitution should follow the approaches to cognate provisions in the federal constitution embraced by the Supreme Court. We will also consider questions about the role of elected judges in constitutional interpretation, and about the processes through which state constitutions are amended. Specific issues we will study include educational equality and school funding; marriage; reproductive rights; race and gender discrimination; criminal justice; election law; and affirmative rights under state constitutions, among others. We will also look at the role of state attorneys general and prosecutors in law reform efforts. I expect to have one or more guest speakers. Special Instructions: After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. The grade will be based on a final exam or research paper, and can be adjusted for participation.
Terms: Aut
| Units: 3
Instructors:
Schacter, J. (PI)
LAW 7115: Thinking in Systems
Virtually every public policy has causes and consequences beyond those that are intended or immediately visible. This is true of criminal law policies that use algorithmic predictions of flight before trial; environmental policies involving greenhouse gas emissions and conventional pollutants; and social and health policies that address homelessness, institutional racism, and the distribution of Covid vaccines, to name just a few examples. The causes of the problems that these policies seek to address are complex. As a result, these policies often fail and sometimes have unintended adverse consequences. "Systems thinking" is a framework that describes the web of associations in which such policies reside, with the goals of understanding the multiple causes of problems and designing policies that lead to stable, positive changes. Thinking in systems and learning to map systems, are core skills for policy makers. After several introductory classes devoted to learning these concepts and l
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Virtually every public policy has causes and consequences beyond those that are intended or immediately visible. This is true of criminal law policies that use algorithmic predictions of flight before trial; environmental policies involving greenhouse gas emissions and conventional pollutants; and social and health policies that address homelessness, institutional racism, and the distribution of Covid vaccines, to name just a few examples. The causes of the problems that these policies seek to address are complex. As a result, these policies often fail and sometimes have unintended adverse consequences. "Systems thinking" is a framework that describes the web of associations in which such policies reside, with the goals of understanding the multiple causes of problems and designing policies that lead to stable, positive changes. Thinking in systems and learning to map systems, are core skills for policy makers. After several introductory classes devoted to learning these concepts and learning how to use the web-based systems mapping tool, Kumu, students will work on systems design projects of their choice. Elements used in grading: Attendance, Projects, Final Paper. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS Registrar website
https://registrar.law.stanford.edu/. Click SUNetID Login in the top right corner of the page and then click the "Consent Courses" tab. See Consent Application Form for instructions and submission deadline.
Terms: Aut
| Units: 2
Instructors:
Brest, P. (PI)
LAW 7120: Immigration, Citizenship, and Rights
This course will delve into some of the U.S. laws and policies governing immigration and citizenship. It is designed for students who have taken the basic immigration course or have equivalent academic or work exposure to immigration law. The class will focus on four major topic area: 1) immigration policing (including the bureaucratic bonds between the criminal and immigration law enforcement systems, the evolving nature of border enforcement and asylum processes, state and local efforts to criminalize migration, and the role of race in immigration policing); 2) the immigration consequences of criminal legal system contact (including the effect of citizenship status on criminal legal processes and outcomes, and the immigration consequences of criminal convictions); 3) citizenship and political participation (including limits on noncitizen access to education and voting); and 4) citizenship exclusions and loss (including historic and ongoing exclusions from citizenship, and denaturalization). Course coverage may change depending on unfolding events and student interest. Elements used in grading: Class participation and attendance; writing assignments; and an in-class final examination.
Terms: Aut
| Units: 3
Instructors:
Chacon, J. (PI)
LAW 7123: Public Law Workshop
This seminar will examine current research by legal and other scholars on a variety of topics in public law. Topics may include administrative law and the federal bureaucracy, constitutional history and theory, constitutional law, criminal law, national security, and procedural law. Each session of the seminar will consist of an invited speaker, usually from another university, who will discuss an ongoing project. Students will be required to submit proposed questions in advance of each session and write three short essays reflecting on guest speakers' papers. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS Registrar website
https://registrar.law.stanford.edu/. Click SUNetID Login in the top right corner of the page and then click the "Consent Courses" tab. See Consent Application Form for instructions and submission deadline.
Terms: Aut
| Units: 2
LAW 7125: The Changing Media Landscape, Free Speech and the Law
Thomas Jefferson, much as he hated the press when he was President, believed firmly in the value of a free press. He most famously said: "The basis of our governments being the opinion of the people, the very first object should be to keep that right; and were it left to me to decide whether we should have a government without newspapers or newspapers without a government, I should not hesitate a moment to prefer the latter." The business of media has radically changed and over the past 20 years with the introduction of the internet and the inevitable fragmentation that followed, together with the introduction of social media. Many traditional sources of news are struggling to stay viable and cutting staff, while new sources of news, including anyone with a twitter or Tik Tok account, proliferate -- with much consumer confusion about what sources are credible. In this course we will cover a range of topics: from Johnny Depp's defamation case against Amber Heard; to Elon Musk and the tw
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Thomas Jefferson, much as he hated the press when he was President, believed firmly in the value of a free press. He most famously said: "The basis of our governments being the opinion of the people, the very first object should be to keep that right; and were it left to me to decide whether we should have a government without newspapers or newspapers without a government, I should not hesitate a moment to prefer the latter." The business of media has radically changed and over the past 20 years with the introduction of the internet and the inevitable fragmentation that followed, together with the introduction of social media. Many traditional sources of news are struggling to stay viable and cutting staff, while new sources of news, including anyone with a twitter or Tik Tok account, proliferate -- with much consumer confusion about what sources are credible. In this course we will cover a range of topics: from Johnny Depp's defamation case against Amber Heard; to Elon Musk and the tweets that prompted the SEC to file suit; to the Pentagon papers and The Washington Post and more. Elements used in grading: Attendance, class participation and a group in class presentation on a topic of the groups choice. Interested SLS students should complete and submit an S-Term Course Selection Form 2023 available at
https://law.stanford.edu/education/s-term/) by April 25, 2023. Forms received after the deadline will be processed on a rolling basis until the class is full. S-Term early start for Autumn Quarter. Class meets 10:00AM-12:00PM on September 11, 12, 13, 15, 18, 19, 20, & 21. Class dinner, 6:00PM-8:00PM on Thursday, September 14.
Terms: Aut
| Units: 2
Instructors:
Weymouth, K. (PI)
LAW 7127: Advanced Topics in Federal Courts
We will take a "deep dive" into some of the most interesting and contentious issues in the "federal courts" space. Illustrative topics might include any or all of the following: (1) Jurisdiction-stripping (Can Congress eliminate the Supreme Court's jurisdiction to hear certain types of cases, and if so, under what circumstances?); (2) Standing doctrine (Is the "injury-in-fact" requirement made up, and might there be a better way to think about the case-or-controversy requirement?); (3) Habeas corpus (What role should innocence play?); (4) Eleventh Amendment (What should we do when constitutional text and history seem to point in different directions?); and (5) Qualified immunity (Where did it come from, what are the relevant policy justifications and critiques, and can current doctrine be squared with 42 U.S.C. 1983's plain language?). Readings will include judicial opinions and journal articles. We will aim to tackle one topic per session. Judge Newsom will introduce the topic and lea
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We will take a "deep dive" into some of the most interesting and contentious issues in the "federal courts" space. Illustrative topics might include any or all of the following: (1) Jurisdiction-stripping (Can Congress eliminate the Supreme Court's jurisdiction to hear certain types of cases, and if so, under what circumstances?); (2) Standing doctrine (Is the "injury-in-fact" requirement made up, and might there be a better way to think about the case-or-controversy requirement?); (3) Habeas corpus (What role should innocence play?); (4) Eleventh Amendment (What should we do when constitutional text and history seem to point in different directions?); and (5) Qualified immunity (Where did it come from, what are the relevant policy justifications and critiques, and can current doctrine be squared with 42 U.S.C. 1983's plain language?). Readings will include judicial opinions and journal articles. We will aim to tackle one topic per session. Judge Newsom will introduce the topic and lead the discussion, and he will encourage vigorous classroom discussion. Grading: Students will write a short "thought piece" (NOT a research paper), due by the end of the fall quarter (NOT at the end of the two-week class period). Students are encouraged--but by no means required--to consider turning their thought pieces into more substantial written works for publication. Class will meet Tuesday, September 26 (6:30 p.m. - 9:30 p.m.), Wednesday, September 27 (6:30 p.m. - 9:30 p.m.), Thursday, September 28 6:30 p.m. - 9:30 p.m.), Monday, October 2 (6:30 p.m. - 8:30 p.m.), Tuesday, October 3 (6:30 p.m. - 8:30 p.m.), Wednesday, October 4 (6:30 p.m. - 9:30 p.m.), and Thursday, October 5 (6:30 p.m. - 8:30 p.m.).
Terms: Aut
| Units: 2
Instructors:
Newsom, K. (PI)
LAW 7128: Confronting Our Housing and Homelessness Crises: Policy, Politics, and the Law
In virtually every major U.S. city, the lack of affordable housing or homelessness (or both) constitutes the most urgent concern to residents. Amid ample hang-wringing by politicians, pundits, and the press, the human toll of the housing affordability crises has only worsened. This class will focus on solutions to this crisis. Solutions abound, but implementing them at scale requires understanding--and navigating--the legal, economic, and political constraints faced by decision makers. It's in large cities where we see the problem most acutely, but where we also see America's most innovative solutions. So, this class--taught by the former mayor of one of America's dozen largest cities-- will have a decidedly urban focus. While the local entitlement and development process will provide a starting point, the class will also delve into key elements of state and federal policy and law that shape the local responses to these crises. An eclectic set of sources --studies, court opinions, cons
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In virtually every major U.S. city, the lack of affordable housing or homelessness (or both) constitutes the most urgent concern to residents. Amid ample hang-wringing by politicians, pundits, and the press, the human toll of the housing affordability crises has only worsened. This class will focus on solutions to this crisis. Solutions abound, but implementing them at scale requires understanding--and navigating--the legal, economic, and political constraints faced by decision makers. It's in large cities where we see the problem most acutely, but where we also see America's most innovative solutions. So, this class--taught by the former mayor of one of America's dozen largest cities-- will have a decidedly urban focus. While the local entitlement and development process will provide a starting point, the class will also delve into key elements of state and federal policy and law that shape the local responses to these crises. An eclectic set of sources --studies, court opinions, consultant reports, economic meta-analyses, news accounts and an occasional guest lecturer-- will support class discussion. The class will be taught with a bias against the ideological, eschewing progressive or conservative "quick fixes," and emphasizing problem-solving, pragmatism, an openness to opposing viewpoints, and a willingness to acknowledge the trade-offs in every approach. Students will be expected to persuasively advocate for specific solutions--in class discussion and in writing-- and to demonstrate an understanding of the limitations of those solutions. Elements used in grading: Class Participation, Written Assignments. This class is limited to 35 students, with an effort made to have students from SLS (25 students by lottery) and up to 10 non-law students with consent of the instructor. Law students may bid for
LAW 7128 via the Law Lottery in Axess. Non-law students may enroll in
PUBLPOL 171 up to a maximum of 10 with consent of the instructor. Cross-listed with Public Policy (
PUBLPOL 171) and Urban Studies (
URBANST 175). NOTE: Due to similar content, students enrolled in How Cities Can Save the World (
LAW 7119/
PUBLPOL 165/
URBANST 166), may not enroll in Confronting Our Housing and Homelessness Crises: Policy, Politics, and the Law (
LAW 7128/
URBANST 166/
URBANST 175).
Terms: Aut
| Units: 3
Instructors:
Liccardo, S. (PI)
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