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We will be reading and discussing selected essays and speeches by 18th Century British statesman Edmund Burke. I have not settled on all the readings, but among them are likely to be: Letter to the Sheriffs of Bristol (on the responsibility of a representative to exercise independent judgment); On Conciliation with the Colonies (evaluating the claims of the American revolutionaries); Letter to a Noble Lord (a caustic commentary on privilege and progressivism); Speech on the Petition of the Unitarians and one of his pleas for toleration of Roman Catholics (on establishment and religious freedom); probably a chapter from Reflections on the Revolution in France; and An Appeal from the Old to the New Whigs (on the nature of conservatism). We will meet at my home, with dinner provided from 6:30 to 7:00 and discussion from 7:00 to 9:00. Elements used in grading: Full attendance, reading of assigned materials, and active participation.

This discussion group will explore recent scholarly and judicial debates over how to address the ongoing harms of colonialism within the law of the United States. It will focus on two case studies: the question of so-called federal plenary power over Native nations and the constitutional status of the U.S. territories within federal law. We will examine recent U.S. Supreme Court rulings, including Haaland v. Brackeen, determining the constitutionality of the Indian Child Welfare Act; Vaello Madero, deciding whether Puerto Rican citizens are eligible to receive Supplemental Security Income benefits; and Fitisemanu v. United States, ruling whether the Constitution's Citizenship Clause mandates citizenship for residents of American Samoa. But we will also look beyond formal doctrinal questions to examine the underlying challenge of figuring out what decolonization and self-determination mean and might look like within the current landscape of U.S. law. Elements used in grading: Full attendance, reading of assigned materials, and active participation.

What lessons can be drawn from the four criminal cases against Donald Trump? What do those cases tell us about American criminal justice, our adversarial system of trials, the Supreme Court, and where the boundaries are -- and should be -- between law and politics? We will read a range of perspectives on these questions, and our main goal will not be to decide who we think is right, or which arguments we find most congenial. Instead, we will try to understand the thinking on various sides of these controversies, and to see what value, if any, we can find even in the arguments we disagree with. In other words, we will be studying the Trump prosecutions not just for what they teach us about American legal institutions and the current state of American politics, but also to reflect on the possibilities and prerequisites for constructive discussion of contentious issues in a splintered society--in and out of the courtroom. Elements used in grading: Full attendance, reading of assigned materials, and active participation.

During the past half century, American universities have evolved from being largely white, male. and Protestant to becoming much more diverse in many ways. However, some of the policies that have contributed to this progress are being abandoned or distorted. For example, the Supreme Court recently prohibited race-based affirmative action, a major vehicle for achieving racial and ethnic diversity. And diversity, equity, and inclusion (DEI) initiatives, originally designed to counter discrimination based on individuals' identities, have sometimes exacerbated divisions among students with different identities. The university's missions of seeking truth and engaging in critical inquiry have been undermined at times by both conservative and progressive actors. Affective polarization has dramatically increased, and civil and critical discourse are in decline throughout society's institutions. Controversies about the war in Gaza have only exacerbated these problems. We will examine the nature and causes of these and related problems, and consider possible strategies and solutions for reducing polarization, improving discourse, and achieving genuine equality on campus. Among other things, we will consider disputes over admissions criteria (e.g., affirmative action and legacy admissions); the current state of discourse at American, universities; external and internal threats to academic freedom and freedom of expression; the benefits and costs of DEI programs; and the cultural and societal backgrounds in which these issues arise. Elements used in grading: Full attendance, reading of assigned materials, and active participation.

Professor Deborah Sivas. The so-called "Abundance" agenda burst onto the national stage with the publication, in March 2025, of a New York Times bestseller of that title by self-described "liberals" Ezra Klein and Derek Thompson. But the concept has been gathering steam for years. It goes something like this: We have created a world of scarcity by hobbling society's ability to build the abundant future we want. To create a fully-decarbonized economy and harvest the bountiful amenities that will make our lives better, richer, and easier, we need to unshackle the forces of growth and innovation from "paperwork and procedure and hearings and disclosure demands and lawsuits." In this discussion seminar, we will interrogate these ideas, read some of the early judicial decisions invoking them, and examine the future of climate policy in the United States. Elements used in grading: Full attendance, reading of assigned materials, and active participation.

Whom can the president fire? When can a president withhold congressionally approved funds? Are there any limits on the president's power to pardon? One way to respond to these questions is to look to U.S. Supreme Court cases and the doctrines they set forth. Another is to examine the theories of executive power underlying the U.S. constitutional system -- including both those articulated at the Founding and those that have subsequently evolved. This discussion seminar will combine these two approaches and investigate the conceptual frameworks underlying contemporary claims about and critiques of executive power. Elements used in grading: Full attendance, reading of assigned materials, and active participation.

Inequality in this and other countries has typically been addressed through the so-called tax-transfer system. Taxes are collected (mostly or at least disproportionately) from the wealthy and used to fund transfers or services to the poor. The earned income tax credit, the supplemental nutritional assistance program (SNAP or CALFRESH), and Medicaid are examples of this form of redistribution. In 2011, Yale Political Scientist Jacob Hacker coined the term "predistribution" to describe measures that reduce inequality without relying on the tax-transfer system. Predistribution has been championed by former U.K. Labour PM Ed Milliband and by progressives in the U.K. and this country. Examples of proposed predistribution include expanding minimum wage laws and reducing consumer prices through antitrust enforcement. This discussion group will examine the relative merits of redistribution and predistribution. Elements used in grading: Full attendance, reading of assigned materials, and active participation.

This discussion group will explore the contours and effects of the ideal of meritocracy in American society. We will read some excerpts from popular books and also watch some movies that relate to the theme. (And, yes, for the movies, popcorn will be provided!) We will consider, for good or ill, the influence of meritocracy in American society, and its role in our own lives and decision-making. Current controversies about higher education and DEI, including, of course, recent initiatives by the Trump Administration, will be part of the discussion. Elements used in grading: Full attendance, reading of assigned materials, and active participation.

This discussion group will explore how immigration is policed in the United States. We will read academic works focused on border patrol and ICE agents, state and local law enforcement, and private actors involved in immigration policing. We will discuss the practical, socio-legal, and ethical questions associated with the policing of immigration in the United States today. Elements used in grading: Full attendance, reading of assigned materials, and active participation.