LAW 7150: Recurring Issues in Complex Litigation
In this course we will examine issues that arise at various pretrial stages of different types of complex federal litigation, including patent, antitrust, and civil rights cases. We will explore techniques courts have devised for handling these issues and consider the advantages and disadvantages of each. The course materials consist largely of briefs and other litigation documents filed in real cases that were presided over by the professor, Judge Stark, allowing us to see how actual disputes have played out in actual proceedings. The class relies heavily on student participation and all students will deliver an oral argument. Elements used in grading: Attendance, class participation, oral argument, final written assignment.
Terms: Win
| Units: 2
Instructors:
Stark, L. (PI)
LAW 7151: Rule of Law, Democracy, and Authoritarianism Workshop
In an era of democratic backsliding and increasing authoritarianism around the world, the judicial role with the function of neutral and consistent decision making has grown in importance. This seminar will examine current research on judicial decision making and the rule of law, incorporating real-world case studies and interactive exercises to reinforce key principles. Four class sessions will focus on developing a working understanding of the "rule of law" through discussions of competing theoretical conceptions, law's relationship to political power in democracies and autocracies, and the role of courts. Each of the remaining four class sessions will feature an invited speaker, either from the legal academy or government, 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. Students will also be expected to review and provide written feedback on course materials. Elements used in grading: Attendance, class participation, written assignments.
Terms: Aut
| Units: 2
LAW 7152: On the Basis of Sex: Gender & the Constitution in U.S. History
"I ask no favor for my sex. All I ask of our brethren is that they take their feet off our necks." In her first argument before the U.S. Supreme Court, the future justice Ruth Bader Ginsburg delivered this memorable quote from nineteenth-century activist, Sarah Grimke. The quote captured the long arc of the struggle against sex discrimination and the debate over whether women needed special favor or untrammeled freedom to achieve equality. Putting Ginsburg's comments in context, this course examines the history of gender and the U.S. Constitution from the Reconstruction era to the present. We will examine the evolving meaning of discrimination "on the basis of sex" and the constitutional revisions and reinterpretations required to combat it. We will focus on developments under the Fourteenth Amendment's due process and equal protection clauses, but we will also discuss the adoption of the Nineteenth Amendment and the decades-long battle over the Equal Rights Amendment. At every step, w
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"I ask no favor for my sex. All I ask of our brethren is that they take their feet off our necks." In her first argument before the U.S. Supreme Court, the future justice Ruth Bader Ginsburg delivered this memorable quote from nineteenth-century activist, Sarah Grimke. The quote captured the long arc of the struggle against sex discrimination and the debate over whether women needed special favor or untrammeled freedom to achieve equality. Putting Ginsburg's comments in context, this course examines the history of gender and the U.S. Constitution from the Reconstruction era to the present. We will examine the evolving meaning of discrimination "on the basis of sex" and the constitutional revisions and reinterpretations required to combat it. We will focus on developments under the Fourteenth Amendment's due process and equal protection clauses, but we will also discuss the adoption of the Nineteenth Amendment and the decades-long battle over the Equal Rights Amendment. At every step, we will consider how gender and racial equality are intertwined, and we will examine the ways in which feminists' legal strategies succeeded and failed in drawing analogies between race and sex and in centering the voices of women of color. Additionally, we will discuss the stakes of these constitutional debates in shaping the future of reproductive rights and transgender rights. Readings will include landmark legal decisions, historical documents, and secondary sources. Elements used in grading: Attendance, participation, presentation, written assignments, and final paper. The class is limited to 18 students. Up to eight (8) SLS students may enroll directly in Axess. If more than eight SLS students are interested in enrolling, students may contact the instructor to request enrollment. Cross-listed with Feminist, Gender and Sexuality Studies (
FEMGEN 260L).
Terms: Aut
| Units: 3
Instructors:
Zier, M. (PI)
LAW 7153: Perspectives on Judging
In this course, Judge Florence Y. Pan of the U.S. Court of Appeals for the D.C. Circuit will draw on over sixteen years of experience on the bench to consider what it means to be a judge and how to do the job well. Having served as a judge at both the trial and appellate levels and within the state and federal court systems, Judge Pan will provide unique insights into the judicial decision-making process. Students will not only engage with myriad legal issues -- such as sentencing, procedural fairness, and constitutional law -- but also with the various practical concerns of being a judge, including running a courtroom and chambers, recruiting and working with law clerks, and managing heavy dockets. The course will consider these issues from a diversity of perspectives, including those of guest co-teachers, such as Judge Casey Cooper of the U.S. District Court for the District of Columbia and Chief Judge Sri Srinivasan of the D.C. Circuit. Elements used in grading: Attendance, class participation, written assignments. 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/. See Consent Application Form for instructions and submission deadline.
Terms: Spr
| Units: 1
Instructors:
Pan, F. (PI)
LAW 7154: The Modern U.S. Supreme Court
This seminar will explore some of the workings of the United States Supreme Court, with reference to some of the larger constitutional questions, such as free speech, racial discrimination, privacy, affirmative action, administrative power, and abortion, as well as the role of the Court in American democracy. Elements used in grading: Attendance, class participation, written assignments.
Terms: Win
| Units: 1
Instructors:
Martinez, J. (PI)
LAW 7155: Law, Policy, and Strategy in Higher Education
This seminar will introduce students to key elements of research universities in the United States. The introductory materials are intended to provide a basis for students to complete a research paper related to higher education; the goal is for each student to develop a paper that could lead, eventually, to a publication. In the first classes, students will be introduced to the basics about the higher education sector. Given the expectation that serious research will begin immediately when the quarter starts, readings will be relatively light, and will focus on the leadership, governance structure, legal and regulatory environment, and financing of research universities. Then we will devote some sessions to topics in higher education with each student taking the lead discussing the issue with the class--anything from present controversies (changing financial models, academic freedom, political control) to key legal issues (Title VI, antitrust, athletics) to historical topics. Students
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This seminar will introduce students to key elements of research universities in the United States. The introductory materials are intended to provide a basis for students to complete a research paper related to higher education; the goal is for each student to develop a paper that could lead, eventually, to a publication. In the first classes, students will be introduced to the basics about the higher education sector. Given the expectation that serious research will begin immediately when the quarter starts, readings will be relatively light, and will focus on the leadership, governance structure, legal and regulatory environment, and financing of research universities. Then we will devote some sessions to topics in higher education with each student taking the lead discussing the issue with the class--anything from present controversies (changing financial models, academic freedom, political control) to key legal issues (Title VI, antitrust, athletics) to historical topics. Students are encouraged to choose a topic that will advance the research they are conducting for their paper. In the final weeks of the seminar, students will present their research and the thesis of their paper. The class will discuss and provide constructive suggestions. As noted, the core requirement of this seminar is the production of a research paper that could eventually be published. By week 3 of the seminar, students will choose a topic and thesis of their research paper--a question their paper will answer, or a claim their paper will make. An outline will be due in week 5, and a draft will be due in week 9. The final paper of ~ 20 pages will be due on March 30, 2026. Elements used in grading: Attendance, class participation, written assignments, final paper.
Terms: Win
| Units: 2
Instructors:
Magill, M. (PI)
LAW 7156: Pluralism in Theory, Practice, and Law
What are the theoretical and practical underpinnings of pluralism? How do constitutionalism and the rule of law mediate and potentially undermine plural value systems? Is pluralism viable in a time of rising autocracy? What are the relationships between authoritarianism and homogeneity of belief, thought, and political action? Is pluralism inconsistent with strong in-group solidarity and national identity? Is pluralism an inducement to moral relativism, political complacency, and superficial cosmopolitanism? As importantly, what specific practices, norms, and skills make pluralism functional? What practices are proven to support engagement with and mediation of differences? The purpose of this seminar is to explore these and other questions at the level of political and legal theory and also at the level of research into concrete practices of pluralism -- identifying conceptual relations and juxtapositions as well as practical obstacles to and evidence-based tools for bridgebuilding, d
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What are the theoretical and practical underpinnings of pluralism? How do constitutionalism and the rule of law mediate and potentially undermine plural value systems? Is pluralism viable in a time of rising autocracy? What are the relationships between authoritarianism and homogeneity of belief, thought, and political action? Is pluralism inconsistent with strong in-group solidarity and national identity? Is pluralism an inducement to moral relativism, political complacency, and superficial cosmopolitanism? As importantly, what specific practices, norms, and skills make pluralism functional? What practices are proven to support engagement with and mediation of differences? The purpose of this seminar is to explore these and other questions at the level of political and legal theory and also at the level of research into concrete practices of pluralism -- identifying conceptual relations and juxtapositions as well as practical obstacles to and evidence-based tools for bridgebuilding, dispute resolution, and effective communication in legal, political, and social communities constituted in difference. The seminar mixes traditional close reading and discussion of texts with presentation of cutting-edge research by nationally recognized experts. Students will develop and present a research paper on a topic of their choosing concerning the theory, practice, and/or law of pluralism. Project designs will be presented over the final two week of class. The course is open to graduate students by consent. After the term begins, students can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Students taking the seminar for R credit can take the seminar for either 2 or 3 units, depending on the paper length. Elements used in grading: Attendance, class participation, written assignments, final paper. The course is open to graduate students by consent. CONSENT APPLICATION: To apply for this course, students must complete a Consent Application Form available at SLS Registrar
https://registrar.law.stanford.edu/. Cross-listed with Philosophy (
PHIL 375L).
Terms: Win
| Units: 2-3
Instructors:
Spaulding, N. (PI)
LAW 7157: America at 250
This summer marks the 250th anniversary of the Declaration of Independence. This course brings together over two dozen faculty from across the university to explore how the concerns and values expressed in that document have played out across U.S. history, tying the nation's origins to its present. Class sessions will involve a combination of lectures, panel discussions, and opportunities for questions. Open to undergrads and graduate students from all schools and fields. Elements used in grading: TBA. Cross-listed with History (
HISTORY 25).
Terms: Spr
| Units: 1
Instructors:
Gienapp, J. (PI)
;
Karlan, P. (PI)
LAW 7501: Carrots, Sticks, Norms, and Nudges: Changing Minds and Behaviors
In this class, we will survey the current state of the science of behavior change. By the 1990s, social scientists had already built a massive literature on this topic, and an integrative consensus theoretical framework began to emerge. But in the past decade, this literature has been revitalized by dramatic new ideas and technologies, as well as significant improvements in evaluation methodology. We will focus on four types of strategies that apply equally to influence efforts by individuals, communities, non-profits, for-profits, and government: (1) Carrots: Positive incentives (rewards, awards, praise, recognition, discounts, rebates, property rights, etc.); (2) Sticks: Negative incentives (punishments, fines, shaming, guilt or liability verdicts, costs, etc.); (3) Norms: What other people believe I should do, and what I see others actually do (tipping points, bandwagons, cascades, herding, etc.); and (4) Nudges: Traditional methods of persuasion; use of defaults to encourage certai
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In this class, we will survey the current state of the science of behavior change. By the 1990s, social scientists had already built a massive literature on this topic, and an integrative consensus theoretical framework began to emerge. But in the past decade, this literature has been revitalized by dramatic new ideas and technologies, as well as significant improvements in evaluation methodology. We will focus on four types of strategies that apply equally to influence efforts by individuals, communities, non-profits, for-profits, and government: (1) Carrots: Positive incentives (rewards, awards, praise, recognition, discounts, rebates, property rights, etc.); (2) Sticks: Negative incentives (punishments, fines, shaming, guilt or liability verdicts, costs, etc.); (3) Norms: What other people believe I should do, and what I see others actually do (tipping points, bandwagons, cascades, herding, etc.); and (4) Nudges: Traditional methods of persuasion; use of defaults to encourage certain behaviors; engineering the environment; harm reduction for risky behaviors. We will examine the "how" and "why" and "when" of these approaches, but also their normative implications for ethics, justice, and public welfare. Course requirements include class attendance and participation, and five short written assignments. For Research "R" credit, students may petition to complete one long paper based on independent research. 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: Class participation, attendance, written assignments and/or final paper.
Last offered: Autumn 2024
| Units: 3
LAW 7502: Economic Analysis of Law
This course will provide a broad overview of the scholarly field known as "law and economics." The focus will be on how legal rules and institutions can correct market failures. We will discuss the economic function of contracts and, when contracts fail or are not feasible, the role of legal remedies to resolve disputes. We will also discuss at some length the choice between encouraging private parties to initiate legal actions to correct externalities and governmental actors, such as regulatory authorities. Extensive attention will be given to the economics of litigation, and to how private incentives to bring lawsuits differ from the social value of litigation. The economic motive to commit crimes, and the optimal governmental response to crime, will be studied in depth. Specific topics within the preceding broad themes include: the Coase Theorem; the tradeoff between the certainty and severity of punishment; the choice between ex ante and ex post sanctions; negligence versus strict
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This course will provide a broad overview of the scholarly field known as "law and economics." The focus will be on how legal rules and institutions can correct market failures. We will discuss the economic function of contracts and, when contracts fail or are not feasible, the role of legal remedies to resolve disputes. We will also discuss at some length the choice between encouraging private parties to initiate legal actions to correct externalities and governmental actors, such as regulatory authorities. Extensive attention will be given to the economics of litigation, and to how private incentives to bring lawsuits differ from the social value of litigation. The economic motive to commit crimes, and the optimal governmental response to crime, will be studied in depth. Specific topics within the preceding broad themes include: the Coase Theorem; the tradeoff between the certainty and severity of punishment; the choice between ex ante and ex post sanctions; negligence versus strict liability; property rules; remedies for breach of contract; and the American rule versus the English rule for allocating litigation costs. There is no formal economics prerequisite to take this course, though some prior training in economics will be helpful. Elements used in grading: Four short take-home problems during the quarter. (For students interested in a shorter introduction to economic analysis of law, see
Law 7503, "Introduction to Law and Economics," which is a one-unit course offered during the autumn and winter quarters that is graded on a mandatory pass-fail basis.)
Terms: Win
| Units: 2
Instructors:
Polinsky, A. (PI)
