This course deals with characteristic arrangements under American law for the creation and transfer of rights to control and exploit property. The relationships of these arrangements to efficient resource use, the pattern of wealth distribution, and other social concerns will be explored as they are reflected in both judicial decision-making and legislative reform. Topics will cover aspects of commercial land transfers such as leases, conveyances, recording, and other methods of title assurance; the role of property law in producing and remedying racial and economic inequality;
This year-long seminar focuses on the history of modern capitalism. As modern capitalism becomes dominant across the globe, the need to understand it increases. Is it a form of market organization, a material or social phenomenon, an epistemological development, a set of legal categories, or a mode of governance? This seminar explores modern capitalism as an historical form of political economy, developed over the last three centuries, that may partake of all these dimensions. The seminar is designed to include both students who are interested in the in-depth study of capitalism as a
This workshop will examine major works in the field of legal history, important historiographical debates and critical methodologies. Students will participate in workshop presentations by leading scholars. Law students have a choice of enrolling in the workshop for two or three credits. Law students who choose to write a substantial paper will receive three credits upon successful completion of the course; law students who do not complete substantial papers will receive two credits. All FAS
This course will consider one of the newest intellectual currents within American Legal Theory -- Critical Race Theory. Emerging during the 1980s, critical race scholars made many controversial claims about law and legal education -- among them that race and racial inequality suffused American law and society, that structural racial subordination remained endemic, and that both liberal and critical legal theories marginalized the voices of racial minorities. Course readings will be taken from both classic works of Critical Race Theory and newer interventions in the field, as well as
This course examines the history of capitalism in America, viewed through the lens of debates over regulation of economic activity. Beginning in the early days of the republic, it will examine the role of law in capitalist development, focusing on debates over the regulation of corporations, banking and the financial system, antitrust, and administrative law, continuing through the regulatory reforms of the New Deal. It will then examine movements for deregulation, the roots of the financial crisis, and recent proposals to regulate banks and other financial institutions.