This seminar will focus on two (!) Legal schools of thought study: critical legal studies (including critical racial theory and critical jurisprudence on gender and status) and law and economics. We will read canonical and representative works of both schools, with particular attention to their mutual criticism. We will try to find out how this critique has influenced or should influence current legal research and teaching. Grades are based on participation in classes and a series of short assignments. A 3-credit option is available for students who write an additional 10-12 page paper in addition to the short answer assignment series and course attendance. In each of these areas, students first receive a law scholarship on the premises of interpreting in that field. We will then explore interpretive tools that can be used to solve the interpretation problems that arise in each area. Among other things, students will be introduced to the methods used by linguists (including linguistic corpus analyses and survey methods). Each unit concludes with a practical problem that allows students to apply the theory and tools they have learned to analyze a hypothetical problem of the type that might arise in that area. Student achievement is assessed on the basis of class attendance and, more importantly, a case note, comment or amicus curiae letter on an issue involving an issue involving ambiguity in a public law provision.
This is a shortened class that only meets on April 12, 13, 26, 27 and May 3, 4, 10, 11, 17 and 18. In the workshop, participants learn the conventional features of academic legal writing, research and refine their topics, write and comment on each other on first and second drafts, and complete a final version of their work. The faculty member leading the workshop will also provide feedback and, depending on the topic of each participant`s work, facilitate the presentation to other professors who may be helpful. Artificial intelligence is changing the way businesses and organizations interact, routine tasks are performed, and people interact with each other. Machine learning, natural language processing, machine vision, and related technologies complement or replace human intelligence in a number of areas, creating new legal and policy problems, challenges, and opportunities. This seminar examines the history of American federalism, both as a constitutional value and as a product of intellectual history, from its modern European precursors to the American Civil War. Topics include the legal and political organization of the colonies and the British Empire; early U.S. federal experiments; the American Revolution and the Articles of Confederation; drafting and ratification of the Constitution; the cancellation crisis; Secession; and civil war. Readings will come from primary historical sources, secondary sources in history and law, political theory and cases. Grades are based on a series of short answers and a classroom presentation.
Students who wish to take the seminar for three credits must write an additional short research paper of 10 to 15 pages in addition to the rest of the course. Participation can be taken into account in the final ranking. «The central aim of legal theory is to discover the internal logic of law, including its political, cultural and philosophical foundations – to understand the meaning of law at a level that goes beyond external appearances. At a time of crisis and change, with lawyers and policymakers seeking solutions to boring and sometimes monumental problems, this undertaking is absolutely crucial. Since its inception, Islamic law has evolved from a set of rules governing life in 6th century Arabia to a global body of law. which has evolved through time and space and on religious, civil, criminal, constitutional, commercial and international law. The main objective of the seminar will be to provide students with a basic understanding of Islamic law and issues related to the application of Islamic law in a modern context, including current political and social events in the world that have their roots in Islamic legal issues. The seminar covers the origins and historical development of Islamic law, Islamic legal theory, the scope and application of Islamic law, and some current topics such as Islamic finance. Modern constitutional issues relating to sources of law, religious freedom, public interest and related issues in Muslim-majority countries are addressed, as are debates on the application of Islamic law to Muslim minorities living in secular states.
This is a semester seminar for 2L and 3L students. There are no compulsory courses in Islam. Weekly readings are assigned in English-language source documents. A number of research papers are needed (20-25 pages). Participation can be taken into account in the final ranking. The seminar draws on the speaker`s extensive personal experience on the subject and knowledge of the legal systems of Muslim-majority states such as Saudi Arabia, Turkey, the United Arab Emirates, Pakistan, Egypt, Malaysia and elsewhere. Professor Kamran Bajwa studied classical Islamic law and Islamic theology at Al-Azhar Seminary in Cairo, Egypt. Professor Bajwa currently leads the Middle East regional practice for Kirkland & Ellis and travels regularly to the region. This two-week seminar introduces law students to how the tools of sociocognitive psychology can be used to gain empirical knowledge about how criminal law and its decision-makers, including judges and jurors, work. We will discuss empirical science that combines educational analysis with the theories and methods of psychology to discover where and why the legal system`s expectations and assumptions about the functioning of criminal laws and procedures contradict the socio-cognitive realities of human decision-making.
We will also examine possible legal and psychological ways in which policy makers and practitioners can address these divisions in order to improve the accuracy and fairness of the criminal justice system. More broadly, we will discuss both the possibilities and limitations of what the theories and methods of psychology can offer for the study and practice of criminal law. At the end of the course, students will come up with their own experimental designs in this regard. No prior knowledge of psychology is required. This is a short course that meets 6 times: 7/8/9/14/15/16 April from 18:10 to 19:55. In addition to a strong grounding in substantive areas of law, Duke Law offers a number of opportunities to critically assess the role of law in society. Courses range from overviews of legal theory and explorations of legal philosophy, law and literature, and legal history to intensive seminars on critical race theory and sexuality and law. Students who have taken Leiter`s course «Jurisprudence I» at the Faculty of Law are cordially invited to register. Students who have not followed Case Law I should contact the lecturer with information about their previous studies in legal philosophy. Detailed knowledge of Hart`s The Concept of Law and Dworkin`s critique of Hart is essential. Harvard law students learn many different ideas and competing explanations of the concept of law as taught by some of America`s most accomplished philosophers and legal theorists in fields such as natural law, legal positivism, legal realism, critical legal studies, and much more.
An examination of the issues of classical jurisprudence in and around arbitration theory: the theory of how judges actually decide cases and how they should decide them.