721 - 730 of 873 results for: LAW

Federal, state and local laws prohibit discrimination based on many grounds such as race, sex, religion, national origin and disability. But the operative term, "discrimination," is typically quite vaguely defined in statutory language. As a consequence, courts and legal analysts have developed a number of theories of discrimination. These theories can be inconsistent with each other and with popular definitions of discrimination; for instance, some laws forbidding "discrimination" forbid differential treatment, some permit it under limited circumstances and some require it. Discrimination may or not require a specific mental state ("discriminatory intent") or specific consequences ("discriminatory effect" or "disparate impact"). Arguably, "discrimination" is, in practice, as much a question of values and norms as it is a matter of fact. This class will explore the concept of discrimination in case law, philosophy and legal theory. Special Instructions: Grades will be based on attendance, class participation and (1) short reflection essays on the readings and a short research paper or (2) a long research paper with consent of the instructor. 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. Elements used in grading: Attendance, Class Participation, Written Assignments, Final Paper. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline.

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. Enrollment is on a first-come, first-served basis (limited to four SLS students). If you are unable to enroll in the class in Axess, please contact the instructor for availability. Cross-listed with American Studies ( AMSTUD 252) and History ( HISTORY 252/352).

This mini-course is an introduction to thinking about race as method for the study of international law. If the international legal order is primarily structured around the categories of nation and state, the notion of race continues to haunt it in important and often unacknowledged ways. The course will explore the tension between (a) race as a social phenomenon that is transnational if not global in scope and (b) the construction of race in contemporary international law, where it is often treated as a domestic matter of non-discrimination norms in human rights law. The course will also examine the present-day legacies of international legal norms and institutions connected to slavery and formal colonialism. Materials will be drawn from contemporary UN human rights mechanisms, state practice and case law, and legal claims by anti-colonial/racial justice movements. This class will meet the first five weeks of the quarter (September 25 to October 23). Elements used in grading: Class evaluation will be based on attendance, participation, and short reflection papers before the five class sessions.

This mini-course revisits the core elements that have traditionally defined family law: gender, sexuality and reproduction. Historically, family law had two main functions. It created a framework for bearing and raising children, and organized the children's parents' coupledom. Gender, sexuality and reproduction were closely interwoven and subject to certain expectations. Sex was only allowed in the context of marriage, which formed the gateway to reproduction. Children born outside of wedlock had inferior rights. Women were placed under their husband's control to ensure their sexual fidelity. From the 1960's on, societal changes shook the traditional conception of the family to its foundations. Women gained economic independence and started challenging their traditional role in the family. Birth control cut the ties between sexuality and reproduction. The position of marriage as the sole seat of both coupledom and childbearing started to erode. The disconnection of gender, sexuality and reproduction opened family law up to new questions. Why should marriage only be possible between a man and a woman? Can children have more than two legal parents? What is the extent of the reproductive rights of women and men? Is marriage still a relevant legal concept? These and other questions are tackled from a comparative law angle, comparing the approach in the United States and other Western jurisdictions. Students are asked to reflect on the various responses to contemporary family law issues across the Western world. The focus is on general tendencies, not on technicalities. Grades will be based on regular attendance, active class participation and one short response paper. This class will meet the first three weeks of the quarter on Thursday, January 9, 16, and 23.

The law is in large part about suffering. As lawyers, we recognize suffering [or we do not], we articulate what suffering means [or does not], and we measure remedies for suffering [or we do not]. Despite the central import of suffering to the law, suffering is elusive. This reading group will explore different treatments of suffering in music, fiction, law review articles, blog posts, and other media and discuss how to apply the insights of artists, theorists, lawyers, and novelists to our understanding of legal suffering. Class meeting dates: The class will meet five Tuesdays from 6:30PM-8:30PM on January 15, 22, and February 5, 19, & 26. Elements used in grading: Attendance, Class Participation. Consent Application: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms).

This Reading Group will explore the legal and regulatory challenges posed by fast-moving social, economic and technological developments. Examples include privacy regulation in the age of Facebook; transportation safety in the era of autonomous vehicles and drones; energy regulation in the context of climate change and financial regulation in a time of blockchain. Members of the reading group will be asked to share in the preparation and present of discussion materials. Reading group meets five Thursdays. Precise meeting dates TBD by instructor. Elements used in grading: Attendance, Class Participation.

This course is about tribal law: The diverse body of law that the 574 American Indian tribal governments within the United States make to govern their citizens, their territories, and--to a limited extent--non-Indians. We will explore the many questions contemporary tribal governments navigate as they engage in everything from rewriting their constitutions to developing infrastructure and rules for local garbage collection. The course begins with a foundations unit focused on tribal government structure and tribal courts. The remainder of the course is a survey of tribal law topics selected by the students from among structural constitutional law, discrimination, fundamental rights, tribal membership, elections, the environment, contract disputes, taxes, gaming, family, crime, and procedure. Each chosen topic will be paired with readings as well as presentations from classmates on their research into a chosen topic in that topic area. Students wishing to write an independent research paper for R-credit should enroll in Section 02. Elements used in grading: Participation, In-Class Oral Presentation, Short Written Assignments, Final Paper. Prerequisites: Federal Indian Law - encouraged. Cross-listed with Native American Studies (NATIVEAM 7094).

This advanced course will primarily focus on litigation in the Biden and second Trump Administrations by using materials from district courts (complaints, motions for preliminary relief, motions for summary judgment, judicial decisions) so students can see how Administrative Law challenges are brought and litigated before they reach appellate courts. Examples may include challenges to: Julie Su serving as acting Labor Secretary; the structure of the U.S. Preventive Services Task Force; the (near) closure of the Consumer Financial Protection Bureau; large-scale firings of government workers (probationary employees and RIFs); grant cancellations; FOIA requests to DOGE; and presidential removal of the head of the Inter-American Foundation and the appointment of acting officials outside the Vacancies Act. Attention will be paid to reviewability, procedural mandates, substance (statutory and constitutional), and remedies. The course will also examine some non-litigation topics, including presidential directives related to Administrative Law under the last two Administrations, agency budgets, and federal contracting. Requirements will include multiple writing and oral assignments (including short reading reflections/argument questions, oral presentations, an op-ed, and an 8-10 page paper on a relevant topic ). Elements used in grading: Attendance, class participation, written and oral assignments, final paper. CONSENT APPLICATION: To apply for this course, students must submit a Consent Application Form at SLS Registrar https://registrar.law.stanford.edu/. See the Consent Application Form for instructions and the submission deadline.

Modern government is bureaucratic government. In the words of Justice Jackson, the rise of the administrative state is likely "the most significant legal trend of the last century and perhaps more values today are affected by [agency] decisions than by those of all the courts." This seminar will survey the major ways in which law and political science have grappled with bureaucratic governance. How do we understand the rise of the administrative state? Why are bureaucracies designed the way they are? How do bureaucracies work in the face of legal and political constraints? And what avenues are there for meaningful regulatory reform? The class is cross-listed in political science and the law school and course enrollment will be by consent of instructor. Students will be responsible for writing short reflection papers and a research paper. Students may take the course for either 3, 4, or 5 units, depending on the paper length. Elements used in grading: Attendance, Class Participation, Written Assignments, Final Paper. Admission based on application. Instructor consent required. CONSENT APPLICATION: To apply, please complete the following webform https://docs.google.com/forms/d/e/1FAIpQLSfCSjsVnNglhvqx9giSsYYDvIiYxgEacB1nnzE-CS5YawIMqQ/viewform. Cross-listed with Political Science ( POLISCI 228C/428C).