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1 - 3 of 3 results for: feingold

LAW 400: Directed Research

Directed Research is an extraordinary opportunity for students beyond the first-year to research problems in any field of law. Directed research credit may not be awarded for work that duplicates the work of a course, clinic, or externship for which the student has registered. Directed research credit may be awarded for work that expands on work initially assigned in, or conceived during, a course, clinic, or externship, but only if the continued work represents a meaningful and substantial contribution to the already existing project, significantly beyond mere editing or polishing. If a student seeks to continue or expand on work that the student initiated previously (whether for a course, clinic, externship, or otherwise) a student must (1) share the initial work with the professor supervising the directed research, to the extent that work is non-privileged, and (2) obtain permission for the expansion from the instructor or supervisor who supervised the initial project. The final pro more »
Directed Research is an extraordinary opportunity for students beyond the first-year to research problems in any field of law. Directed research credit may not be awarded for work that duplicates the work of a course, clinic, or externship for which the student has registered. Directed research credit may be awarded for work that expands on work initially assigned in, or conceived during, a course, clinic, or externship, but only if the continued work represents a meaningful and substantial contribution to the already existing project, significantly beyond mere editing or polishing. If a student seeks to continue or expand on work that the student initiated previously (whether for a course, clinic, externship, or otherwise) a student must (1) share the initial work with the professor supervising the directed research, to the extent that work is non-privileged, and (2) obtain permission for the expansion from the instructor or supervisor who supervised the initial project. The final product must be embodied in a paper or other form of written work involving a substantial independent effort on the part of the student. A student must submit a detailed petition of at least 250 words, approved by the sponsoring faculty member, outlining his or her proposed project and demonstrating that the research is likely to result in a significant scholarly contribution. A student may petition for "Directed Research: Curricular Development" when the work involves assisting a Law School faculty member in developing concepts or materials for new and innovative law school courses. Both the supervising faculty member and the Associate Dean for Curriculum must approve petition for "Directed Research: Curricular Development." Students must meet with the instructor frequently for the purposes of report and guidance. Unit credit is by arrangement. Students whose projects warrant more than four units should consider a Senior Thesis or the Research Track (See SLS Student Handbook for requirements and limitations). With the approval of the instructor, successful completion of a directed research project of two units or more may satisfy the JD writing requirement to the extent of one research writing course (R course). See Directed Research under Curricular Options in the SLS Student Handbook for requirements and limitations. Directed Research petitions are available on the Law School Registrar's Office website (see Forms and Petitions). Elements used in grading: Paper and as agreed to by instructor.
Terms: Aut, Win, Spr | Units: 1-4 | Repeatable for credit

LAW 7078: The United States Senate as a Legal Institution

This course will familiarize students with major, and/or emerging legal and constitutional issues concerning the U.S. Senate. In so doing, it will examine: 1) the Senate's nature as a complex legal institution, and 2) the issue of the Senate's legitimacy in the context of the current and largely unprecedented criticism of the Senate from all parts of the political spectrum. This first portion of the course will consider institutional-legitimacy issues facing the Senate, including the appointment of senators to fill vacancies as well as disputes concerning Senate rules and procedures such as the filibuster and holds. The second part of the course will explore how the Senate interfaces with the Constitution and the Supreme Court. It will examine how senators should regard the issue of constitutionality in voting on legislation, be it campaign-finance reform, internet decency, or health care. This part of the course will also consider how senators should approach proposed constitutional amendments. The final portion of the course will review the wide range of issues that have emerged in recent years regarding the constitutional relationship between the Senate and the Executive Branch, including the increasingly acrimonious issue of the standard to apply to executive appointments under the advice and consent power. Particular emphasis on this part of the course will be given to issues that have gained greater prominence since 9/11, including the relationship between enacted, constitutional legislation and the presidential assertion of Article II powers, as well as the Senate's abdication of its Article I war-declaration power. After the term begins, students accepted into the course can transfer, with consent of the instructor, from section (01) into section (02), which meets the R requirement. Elements used in grading: Class participation, attendance; and final exam or final research paper.
Terms: Win | Units: 3
Instructors: Feingold, R. (PI)

LAW 7080: Amending the U.S. Constitution

This seminar explores the legal and historical dimensions of the American constitutional amendment process as well as its current and potential role in our political system and public debate. The principal focus will be on Article V of the Constiution but we will also briefly examine the way in which the Constitution is said by some to be "amendable" (and to have already been "amended") through alternate means apart from Article V. The seminar will enable students both critically to evaluate the myriad aspects of constitutional amendments and conventions using proper source material and to develop their own proposals for potential amendments. The first part of the course will first explore the origins of Article V, including background on the comparative amendability of other written constitutions, the adoption of the Bill of Rights, and the apparent unamendability of the provision in Article V requiring equal representation of the states in the Senate. We will then review the history more »
This seminar explores the legal and historical dimensions of the American constitutional amendment process as well as its current and potential role in our political system and public debate. The principal focus will be on Article V of the Constiution but we will also briefly examine the way in which the Constitution is said by some to be "amendable" (and to have already been "amended") through alternate means apart from Article V. The seminar will enable students both critically to evaluate the myriad aspects of constitutional amendments and conventions using proper source material and to develop their own proposals for potential amendments. The first part of the course will first explore the origins of Article V, including background on the comparative amendability of other written constitutions, the adoption of the Bill of Rights, and the apparent unamendability of the provision in Article V requiring equal representation of the states in the Senate. We will then review the history of efforts--both successful and unsuccessful--to amend the Constitution, such as the early corrective amendments to the post-Civil War Reconstruction amendments, the Progressive Era amendments (e.g., the switch to the direct election of Senators), and the modern voting-related amendments. This section will also consider views about when and how it is proper or "appropriate" to amend the Constitution, the standard that members of Congress should employ in voting on proposed amendments, and the history of calls for constitutional conventions to amend the Constitution. The second part of the course will explore the current possibility of a constitutional convention or conventions being called independently of Congressional initiative including the question of whether the scope of such a convention could be limited. We will then examine the relatively recent and current proposals and advocacy for and against constitutional amendments across the political spectrum. For this portion of the course, we will particularly consider the balanced budget amendment, the state veto amendment, the victims' rights amendment, and the elimination of the direct election of Senators, from the conservative side of that spectrum. We will then particularly highlight the movement to overturn Citizens United by amendment, the elimination of the electoral college amendment, the proposal to overturn Heller (right to bear arms) by amendment, and the current effort to revive and ratify the Equal Rights Amendment, all mostly associated with the progressive or liberal side of the spectrum. For the final seminar, students will be asked to give in class their opinion of Article V and whether it is too easy or difficult (or just right) in terms of allowing amendments. Each student will also be asked briefly to propose and defend an amendment that that student believes should be added to the Constitution. After the term begins, students accepted into the course can transfer, with consent of the instructor, from section (01) into section (02), which meets the R requirement. Elements used in grading: class attendance, participation, class presentations, and final paper.
Terms: Spr | Units: 2
Instructors: Feingold, R. (PI)
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