Study

This fall-only seminar is designed to introduce students with limited (or no) familiarity with international law to principles involved in using force during periods of putative peace.  As a jus ad bellum seminar it will explore, for example, what circumstances constitute an “act of war” in various situations, including cyberspace. It will address some jus in bello issues but will not overlap significantly with the LAW 546 International Law of Armed Conflict which is expected to be offered in the Spring of 2025.

The structure of classes may vary, and students may be divided into sections, discussion groups, and panels. The course may include guest speakers (in-person or via Zoom).

This course is a deep dive into the use of force in international law. It will analyze the circumstances under which force can be used in self-defense and survey topics such as humanitarian intervention, hostage rescue, targeted killings, selected maritime law issues, selected neutrality law issues, potential flashpoints associated with air defense identification zones, and freedom of navigation operations.

We will also explore the legal aspects of international counterpiracy and counterterrorism operations. The course will also delve into efforts to limit the use of force in outer space, the implications of nuclear weapons, and the emergence of autonomous weaponry.

Each class will begin with a brief “in the news” section examining selected seminar-related issues of current interest that appear in the media.

There will be no class on Tuesday, November 5th, 2024. Instead, on Sunday, November 3rd, 2024, the class will meet from 3:30 to 6:00 pm at the Law School to view and discuss the film Eye in the Sky, a dramatic representation of a drone strike. Refreshments and snacks will be served.

The course requires a 20-page paper on a topic approved by the instructor.  It will comprise 60% of the grade; the other 40% will be based on class participation (which may also include some written products, e.g., reaction papers).

This seminar is designed to help students gain a comprehensive understanding of the practical aspects associated with the use of force. This includes an overview of weaponry, planning, and military techniques. By the end of the course, students should be equipped with practical knowledge that can be applied in real-world scenarios.

Students do not need to buy any books for this seminar, as all the texts are available online from the law library. The instructor may also provide other readings electronically.

This course obviously addresses the use of force in international law. Accordingly, class instruction will inevitably include written, oral, and visual depictions of physical force and violence—and occasionally extreme representations.

While enrolled in Law 242 Social Justice Lawyering, with prior professor approval, students may submit a 30-page research paper and earn an additional one credit for the course. This paper is in addition to all the other course requirements, including the written assignments, but may be related to your case study presentation.

The paper may be used to satisfy the upper level writing requirement, the LLM writing requirement, and/or the JD/LLM writing requirement. You must email Professor Gordon or McCoy by the end of the Registration Period and after enrolling in 242 Social Justice Lawyering if you would like to seek this additional credit; there are very limited spots, which will be awarded on a first-come, first-served basis.

This course will provide an introduction to the dynamic and evolving field of cyber law and policy.  The course will be team-taught by multiple instructors with expertise in various government and industry sectors. The goal is to introduce students to the legal and policy frameworks that guide lawyers and decision-makers in a world of rapid technological change, with a primary emphasis on cybersecurity and privacy. We will discuss today’s threat landscape and approaches to data breaches, cybercrime by state and non-state actors, and cyberwarfare. We will also consider the legal and policy issues surrounding the collection and use of personal data, with a focus on both domestic and international data privacy protections. Other topics will also be explored, such as the impact of emerging technologies and markets (e.g., machine learning, digital currencies, platform media) and the ethical responsibilities of lawyers. Real-world case studies will be employed to allow students to weigh in on some of the most pressing issues of our time.   This course is introductory in nature and no technical background is necessary.

Note: Students who have taken Law 609, Readings in Cyber Law with Stansbury, may not take Law 316, Intro to Cyber Law. 

This course critically assesses the field of human rights advocacy, its institutions, strategies, and key actors. It explores how domestic, regional, and global human rights agendas are set using international law frameworks; the ethical and accountability dilemmas that arise in human rights advocacy; and human rights advocacy concerning a range of actors, including governments, international institutions, and private actors. It addresses the role of human rights in social movements, including in addressing systemic racism, as well as the development of transnational human rights networks. It also considers issues such as how to resolve purported hierarchies and conflicts between internationally-guaranteed rights, efforts to decolonize the practice of human rights, and the ways in which populist and other forces also invoke human rights to further particular agendas. Drawing on case studies within the United States and abroad, it will examine core human rights advocacy tactics, such as fact-finding, litigation, standard-setting, indicators, and reporting, and consider the role of new technologies in human rights advocacy. In examining the global normative framework for human rights, this course focuses on how local, regional, and international struggles draw on, and adapt, the norms and tactics of human rights to achieve their objectives. Evaluation will be based on class participation and a final paper.

This class is a pre-requisite or corequisite for Law 437 International Human Rights Clinic.

China’s development without a western-style rule of law raises numerous questions. Does law matter in China? If yes, how does it work? What roles has law played in China’s economic, social and political development? This seminar covers both law on the books and law in action, emphasizes change and development in understanding law and governance, and takes China as a comparative case study to deepen our understanding of the fundamental nature of legal institutions. This seminar also features guest speakers from Yale, Princeton, Harvard, and other institutions. 

Evaluation: class participation: 30%, students should read assigned readings in advance and be prepared to be on call every week; paper(s): 70%. Students can choose to write five response papers (four pages each) or a research paper (20 pages minimum). The instructor keeps the discretion of approving or not approving a research paper proposal. Research papers are also qualified to satisfy JD students’ writing requirements (30 pages minimum), if they so choose.

Recent Supreme Court decisions have ushered in a new era of Second Amendment theory, litigation, and politics. Current events keep issues of firearms, gun violence, gun safety, and self-defense constantly in the news. This seminar will explore the Second Amendment and other aspects of federal and state firearms law. Students will be introduced to the historical and public policy materials surrounding the Second Amendment, the regulatory environment concerning firearms, and the political and legal issues pertaining to firearm rights-enforcement and policy design. Evaluation for the seminar will be based on in-class participation and a choice between six short reaction papers or one thirty-page paper.

This fall-only survey course is designed to provide students (particularly those with no background in the topic) with an overview of the American legal architecture related to the U.S. security enterprise. The class will also examine related issues that arise "in the news." It is aimed not only at students considering a career in government or the military but also for those headed to private practice, including those who appreciate that the U.S.’s $849 billion ($2 trillion in defense outlays worldwide) impacts virtually all potential clients.

The course includes analyzing the constitutional structure governing national security matters and the role played by the three branches of government (with special emphasis on Presidential power). It will also examine domestic authority for the use of force overseas, governmental surveillance, the investigation and prosecution of national security cases, as well as First Amendment issues and environmental matters related to national security. In addition, homeland security issues (to include the domestic use of the armed forces), security-based travel restrictions, public health emergencies, civil-military relations, and the impact of national security issues on business transactions will be reviewed. The textbook for this course will be Dycus, et al., National Security Law (7th ed., 2020). Other materials may be provided as necessary. The instructor will offer practical, real-world perspectives on the issues discussed based on their extensive careers in government.

There is one assigned time block for the course, but the structure of classes may vary, and students may be divided into sections, discussion groups, and panels.

The course is expected to include guest speakers. There may be occasional asynchronous content, including short lectures, podcasts, and some documentary footage. Students will have advance notice of all required participation elements.

Given this is a course in national security, class instruction will likely include written, oral, and visual depictions of physical force and violence—and occasionally extreme representations of the same.

There is no examination for this course, but a 30-page research paper (constituting 60% of the grade) is required on a topic chosen by the student and approved by the instructors. The course paper may fulfill the Substantial Research and Writing Project with instructor approval, provided all SRWP requirements are met. The remainder of the grade (40%) is based on the quality and frequency of class participation (which may include short papers and/or brief oral presentations).

Issues in the legal regulation of human sexuality and gender identity are contested to varying degrees worldwide. Taking a global, comparative, and interdisciplinary approach to the investigation of the legal regulation of human sexuality and gender identity, this course uses case-studies to examine the cultural and religious, as well as the political and jurisprudential foundations of court decisions, laws, and regulations.