Criminal Law and Criminal Procedure Courses

The courses listed below provide a taste of the Criminal Law and Criminal Procedure courses offered at the Law School, although no formal groupings exist in our curriculum. This list includes the courses taught in the 2022-23 and 2023-24 school years. Not all of these courses are offered every year, but this list will give you a representative sample of the variety of courses we might offer over any two-year period. Other new courses will likely be offered during your time at the Law School.

PLEASE NOTE: This page does not include courses for the current academic year. To browse current course offerings, visit my.UChicago.

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Access to Justice

Access to justice is a persistent and pressing problem in the American legal system. Significant structural barriers prevent people from exercising their rights and from getting fair outcomes from the civil legal system. Moreover, their lack of access to fair and equitable dispute resolution re-enforces existing systems of inequality. Drawing mostly on an emerging empirical literature on access to justice, this seminar will focus on the obstacles to providing quality civil legal aid and on solutions, including making courts less complex, increasing the supply of lawyers, and offering dispute resolution outside of the legal system. This class requires a major paper (6000-7500 words).

Previously:

• Autumn 2023: Anna-Maria Marshall and Thomas Kirsch
• Autumn 2022: Anna-Maria Marshall and Thomas Kirsch
• Autumn 2021: Anna-Maria Marshall and Thomas Kirsch

Advanced Criminal Law: Evolving Doctrines in White Collar Litigation

This seminar examines timely issues in the investigation, prosecution, and defense of federal white collar crimes. The seminar will challenge students to reason through statutory, doctrinal, and policy issues in practical scenarios from both prosecutorial and defense perspectives. This seminar will cover recurring crimes in white collar litigation in areas such as fraud, public corruption, racketeering, and obstruction of justice and false statements. These substantive criminal areas will be addressed in the context of frequently encountered scenarios in white collar practice, such as interpreting criminal statutes, entity liability, parallel civil and criminal investigations, grand jury practice and defense investigations, attorney client privilege and joint defense agreements, and plea bargaining and sentencing issues. Advanced readings will be assigned on the issues covered. Grading will be based on two short papers (3-5 pages each) written from various perspectives (for example, in the form of a letter from defense counsel to the U.S. Attorney advocating to close an ongoing investigation) and a final paper (6000-7500 words), in the form of a judicial opinion or a memo. Class participation may be considered in final grading. Prerequisite: Criminal Law.

Previously:

• Autumn 2023: Thomas Kirsch
• Autumn 2022: Thomas Kirsch
• Autumn 2021: Thomas Kirsch

Big Problems

The Big Problems course will use multidisciplinary approaches to try to understand and tackle the most important problems facing our country or the world. The first 8 weeks will be taught by the instructors and outside experts, focusing on problems such as the Zika virus, Syrian migration to Europe, cybersecurity, nuclear waste storage, opioid addiction, sex trafficking, and policing and race relations. Students will work in teams of students to develop feasible policy or private sector solutions to a problem of their choosing and make a presentation in the last 2 weeks. Presentations will be made to instructors, outside experts and fellow students. Final grade will be based on the presentations and a companion paper (6000-7500 words).

Participation may be considered in final grading.

Previously:

• Autumn 2022: David Weisbach and Anup Malani
• Spring 2022: David Weisbach and Anup Malani
• Spring 2021: David Weisbach and Anup Malani
• Spring 2020: David Weisbach and Anup Malani
• Spring 2019: David Weisbach, Anup Malani, Robert Topel, and Kevin Murphy
• Spring 2018: David Weisbach, Anup Malani, Robert Topel, and Kevin Murphy

Corporate Criminal Prosecutions and Investigations

The criminal investigation and prosecution of large-scale corporate fraud and corruption are among the hottest areas of focus for prosecutors and the criminal defense bar. This seminar is designed for students interested in learning about the various aspects of uncovering, investigating, defending, prosecuting, and resolving corporate criminal matters under state and federal law, including those arising under the Foreign Corrupt Practices Act. The seminar will address legal and practical issues and concerns from the perspective of the prosecutor, the defense attorney, and in-house counsel. Among other topics, students will learn about: (i) foundational principles of corporate criminal liability; (ii) the whistleblower frameworks under the Dodd-Frank Act and Sarbanes-Oxley Act; (iii) conducting internal investigations as well as government investigative techniques and tools; (iv) strategic considerations for the prosecutor and defense lawyer in white collar criminal investigations; (v) prosecutorial and SEC charging policies, including creating incentives to encourage voluntary disclosure and cooperation; (vi) pre-trial diversion, including deferred and non-prosecution agreements; (vii) compliance monitors and the monitorship process; (viii) the Foreign Corrupt Practices Act; and (ix) proposals for corporate criminal reform. The seminar will introduce students to this multi-faceted area of the law, and expose students to real-world considerations involved in advising corporate clients and their officers, directors, and employees. This is a three-credit class. The student's grade will be based on a major paper (6000-7500 words) and class participation. Papers are eligible to satisfy the writing project (WP) requirement and will be due approximately four weeks after final exams for the Winter quarter.

Previously:

• Winter 2024: Andrew S. Boutros
• Winter 2023: Andrew S. Boutros
• Winter 2022: Andrew S. Boutros
• Winter 2021: Andrew S. Boutros
• Winter 2020: Andrew S. Boutros
• Winter 2019: Andrew S. Boutros
• Winter 2018: Andrew S. Boutros

Counterintelligence and Covert Action - Legal and Policy Issues

This seminar first explores legal issues relating to covert action, defined as action intended to influence political, economic, or military conditions in another nation or territory without revealing the involvement of the sponsor government. Case studies focus on the events collectively known as the "Iran-Contra" affair, applications in the "War on Terror," cyberwarfare, and other recent and historical events. Other themes include balancing security and liberty, promoting transparency and accountability with efficacy, statutory interpretation and executive power, and the implications of technological change on all of the above. The seminar next focuses on the legal framework for counterintelligence-neutralizing and/or exploiting our adversaries' intelligence activities against US national security interests. Such adversaries may include foreign intelligence services, terrorists, foreign criminal enterprises, cyber intruders, or some combination thereof. The seminar considers both legal and policy issues raised in efforts to prevent adversarial espionage action targeting US military, diplomatic, and economic interests at home and abroad. Throughout the course, students will be asked (in groups and individually) to step into the shoes of various government legal advisers and policymakers and to consider-and advocate for or against as they switch roles and institutions-courses of action based upon the readings and hypothetical scenarios. Students will learn the key separation of powers principles and issues relating to covert action and counterintelligence, the basic statutory and constitutional framework governing the these areas, and how to think about these issues from the institutional perspective of executive branch officials and members of Congress. Grades are based upon a final paper (6000-7500 words), occasional short response papers, and reasonable class participation.

Constitutional Law I is strongly recommended prior to taking the seminar, but not required.

Previously:

• Autumn 2022: Stephen Cowen and Tony Garcia
• Spring 2022: Stephen Cowen

Criminal and Juvenile Justice Clinic

The Criminal and Juvenile Justice Clinic (CJJC) provides legal representation to poor children and young adults who are accused or have been convicted of delinquency and crime. The CJJC is a national leader in expanding the concept of legal representation for children and young adults to include their social, psychological, and educational needs. Students will examine the juvenile and criminal legal systems' relationship to the poor and marginalized through litigation, legislative advocacy, and public education. Students will learn a wide array of litigation skills. They will draft motions, briefs, and other pleadings in state, appellate, and federal courts. They will also interview clients and witnesses; inspect crime scenes; conduct fact investigations; participate in hearings, trials, sentencings, and post-conviction matters; and pursue alternatives to incarceration. Licensed third-year students may appear in court, argue motions and appeals, negotiate with opposing counsel, and serve as "second chairs" for trials. The CJJC also advocates for system change and for smart policies for crime and violence prevention. Students work in teams, including with the CJJC social worker and social work students, to foster collaboration and ensure continuity in representation. Participation in the CJJC includes a weekly seminar session. Students wishing to enroll are strongly encouraged to take Evidence during their second year and to take Criminal Procedure and the Intensive Trial Practice Workshop or another Trial Advocacy course. The CJJC is a full-year clinic with a preference for 3L students. Students with questions may contact Professor Erica Zunkel at ezunkel@uchicago.edu to learn more.

Previously:

• Winter 2024: Herschella G. Conyers, Erica Zunkel
• Spring 2024: Herschella G. Conyers, Erica Zunkel, Craig Futterman
• Spring 2023: Herschella Conyers
• Winter 2023: Herschella Conyers
• Autumn 2022: Herschella Conyers
• Spring 2022: Herschella Conyers
• Winter 2022: Herschella Conyers
• Autumn 2021: Herschella Conyers
• Spring 2021: Herschella Conyers
• Winter 2021: Herschella Conyers
• Autumn 2020: Herschella Conyers
• Spring 2020: Herschella Conyers
• Winter 2020: Herschella Conyers
• Autumn 2019: Herschella Conyers
• Spring 2019: Herschella Conyers
• Winter 2019: Herschella Conyers
• Autumn 2018: Herschella Conyers
• Spring 2018: Herschella Conyers and Randolph Stone
• Winter 2018: Herschella Conyers and Randolph Stone
• Autumn 2017: Herschella Conyers and Randolph Stone

Criminal Procedure I: The Investigative Process

This course covers the constitutional law regulating the investigatory process, including searches, seizures, and confessions. The grade is based on a final examination.

Previously:

• Spring 2024: Adam Davidson and John Rappaport
• Winter 2024: Sharon R. Fairley
• Spring 2023: Adam Davidson
• Winter 2023: Sharon R. Fairley
• Spring 2022: John Rappaport
• Winter 2022: Sharon R. Fairley
• Autumn 2021: Trevor Gardner
• Spring 2021: John Rappaport
• Winter 2021: Richard McAdams
• Autumn 2020: Sharon R. Fairley
• Winter 2020: Sharon R. Fairley
• Autumn 2019: John Rappaport
• Spring 2019: John Rappaport
• Winter 2019: Richards McAdams
• Spring 2018: Aziz Huq
• Winter 2018: John Rappaport

Criminal Procedure II: From Bail to Jail

Criminal Procedure II surveys the criminal process after an individual has been formally charged through the pretrial process, the trial, and beyond. Criminal Procedure I is NOT a prerequisite, and no knowledge of Criminal Procedure I is needed for this course. While Criminal Procedure I examines the rules that govern police investigations, this course examines the constitutional and procedural rules that govern criminal proceedings as they occur chronologically. Topics include: sufficiency of the charging instrument, joinder and severance, discovery, jury selection, selected trial issues (including confrontation rights), double jeopardy, sentencing, post-trial motions and post-conviction relief. The final grade is based on a final examination.

Previously:

• Spring 2024: Sharon R. Fairley
• Spring 2023: Alison Siegler
• Spring 2022: Sharon R. Fairley
• Spring 2021: Alison Siegler
• Spring 2020: Alison Siegler
• Spring 2019: Alison Siegler
• Spring 2018: Alison Siegler

Criminal Procedure, Decarceration, and Transformative Advocacy

This seminar demonstrates that one dedicated lawyer has the power to change the legal system. This class surveys 21st Century decarceration movements, with a focus on efforts to reduce racial discrimination and disparities in the criminal legal system. This seminar also provides a substantive grounding in key aspects of criminal procedure, as we examine decarceration movements in the arenas of bail, sentencing, policing, jury selection, and exculpatory evidence, amongst others. We use a uniquely practical lens, exploring strategic mechanisms that legal advocates employ to drive transformation-including systemic impact litigation, legislative advocacy, and court-watching. While course material focuses on the criminal legal system, our discussions will also provide tools for those interested in system-change in other contexts. There are no prerequisites. Students taking the class for 2 credits will complete 2-3 reaction papers. Students taking the class for 3 credits will write a total of 6000-7500 words, with the option of conducting either a substantial writing project (eligible for WP or SRP credit) or a series of 4- to 5-page papers requiring outside research. Participation will be considered in final grading.

Previously:

• Winter 2024: Alison Siegler

Current Issues in Criminal and National Security Law

This seminar covers a series of issues in national security and foreign relations law, with a focus on historical and constitutional foundations, the roles of courts, war power and uses of force (including targeted killings), covert action, military detention of alleged terrorists, military commissions, and select issues of international law. Each class will focus on a different topic, with advance reading assigned around each topic, and grading on the basis of two short reflection papers (3-5 pages each) and a final paper in the form of a U.S. Supreme Court opinion (6000-7500 words), including a majority and dissent) on a select issue in national security and foreign relations law. Participation may be considered in final grading. Guest speakers may be invited to help facilitate discussion on certain topics.

Criminal law is prerequisite.

Previously:

• Winter 2024: Michael Y Scudder
• Winter 2023: Michael Y Scudder
• Winter 2022: Patrick J. Fitzgerald and Michael Y. Scudder
• Winter 2021: Michael Y. Scudder and Patrick J. Fitzgerald
• Winter 2020: Michael Y. Scudder and Patrick J. Fitzgerald
• Winter 2019: Patrick J. Fitzgerald

Cybercrime

This seminar will explore the legal issues raised by cybercrime. Topics will include: computer hacking and other computer crimes, the Fourth Amendment and civil liberties in cyberspace, the law of electronic surveillance, the freedom of speech online, technological tools used to combat cybercrime, and international cybercrime. Students are required to participate in class sessions, prepare short response papers, and write a paper on an approved topic. Grading in the course will be based on classroom participation (25%), discussion papers (35%), and the final paper (40%). Cumulatively, the papers should total 6000-7500 words.

Previously:

• Spring 2023: William Ridgway
• Winter 2021: Sean Driscoll and William Ridgeway
• Spring 2019: Sean Driscoll and William Ridgeway

Exoneration Project Clinic

The Exoneration Project is a post-conviction clinical project that represents people convicted of crimes of which they are innocent. Students working in our Project assist in every aspect of representation including selecting cases, advising clients, investigating and developing evidence, drafting pleadings, making oral arguments, examining witnesses at evidentiary hearings, and appellate litigation. Through participation in our Project, students explore issues of error and inequality in the criminal justice system, including police and prosecutorial misconduct, the use of faulty scientific evidence, coerced confessions, unreliable eyewitness testimony, and ineffective assistance of counsel. The Exoneration Project is an intensive, rigorous experience designed for students who are committed to providing the best possible representation to deserving clients. Second-year students wishing to enroll in the Project are encouraged to take Evidence in their second year. Third-year students are required to complete, prior to their third year, Evidence and the Intensive Trial Practice Workshop (although we recognize that that may not always be possible and will consider appropriate alternatives). Students are strongly encouraged but not required to take Criminal Procedure I and II. Students will receive credit for the work they do in accordance with the credit rules for all other clinical programs. Given the nature of our work, students should plan to enroll in the Exoneration Project clinic for at least a year.

Participation may be considered in final grading.

Previously:

• Spring 2024: Russel Ainsworth, Karl Arthur Leonard, and Lauren Myerscough-Mueller
• Winter 2024: Russel Ainsworth, Karl Arthur Leonard, and Lauren Myerscough-Mueller
• Spring 2023: Russel Ainsworth, Karl Arthur Leonard, and Lauren Myerscough-Mueller
• Winter 2023: Russel Ainsworth, Karl Arthur Leonard, and Lauren Myerscough-Mueller
• Autumn 2022: Russel Ainsworth, Karl Arthur Leonard, and Lauren Myerscough-Mueller
• Spring 2022: Russel Ainsworth, Karl Arthur Leonard, and Lauren Myerscough-Mueller
• Winter 2022: Russel Ainsworth, Karl Arthur Leonard, and Lauren Myerscough-Mueller
• Autumn 2021: Russel Ainsworth, Karl Arthur Leonard, and Lauren Myerscough-Mueller
• Spring 2021: Russel Ainsworth, Karl Arthur Leonard, and Lauren Myerscough-Mueller
• Winter 2021: Russel Ainsworth, Karl Arthur Leonard, and Lauren Myerscough-Mueller
• Autumn 2020: Russel Ainsworth, Karl Arthur Leonard, and Lauren Myerscough-Mueller
• Spring 2020: Joshua Tepfer, Karl Arthur Leonard, and Russel Ainsworth
• Winter 2020: Joshua Tepfer, Karl Arthur Leonard, and Russel Ainsworth
• Autumn 2019: Joshua Tepfer, Karl Arthur Leonard, and Russel Ainsworth
• Spring 2019: Tara Thompson, David Owens, and Joshua Tepfer
• Winter 2019: Tara Thompson, David Owens, Joshua Tepfer, Russell Ainsworth, and Karl Leonard
• Autumn 2018: Tara Thompson, David Owens, Joshua Tepfer, Russell Ainsworth, and Karl Leonard
• Spring 2018: Tara Thompson, David Owens, Joshua Tepfer, and Russell Ainsworth
• Winter 2018: Tara Thompson, David Owens, Joshua Tepfer, and Russell Ainsworth
• Autumn 2017: Tara Thompson, David Owens, Joshua Tepfer, and Russell Ainsworth

Federal Criminal Justice Clinic

The Federal Criminal Justice Clinic is the nation's first legal clinic devoted to representing indigent clients charged with federal felonies, pursuing impact litigation in federal court, and engaging in systemic reform of the federal criminal system with a focus on combating racial disparities.

The FCJC litigates in federal district court in Chicago, before the Seventh Circuit, and in the U.S. Supreme Court. In our district court litigation, FCJC students may have an opportunity to interview clients and witnesses; meet with clients; conduct and participate in hearings and trials; research, write, and argue motions and briefs; and participate in case investigations. FCJC students also litigate post-conviction compassionate release motions and have secured release for several clients. Students involved in appellate litigation write briefs to the Seventh Circuit and the Supreme Court and may conduct oral argument. On the reform front, students engage in legislative advocacy before Congress and have created the first federal courtwatching projects in the country.

The FCJC seminar includes skills exercises, simulations, lectures, case rounds, guest speakers, and discussions. The pre-requisites/co-requisites are Evidence and Criminal Procedure I; these courses may be taken at any time during law school. It is strongly recommended that 3L students take the Intensive Trial Practice Workshop in September 2023 and that all students take Professor Siegler's Criminal Procedure II class. The FCJC is a year-long clinic. First priority is given to 3Ls; the remaining slots go to 2Ls.

Students who want to learn more about the FCJC or who have questions about the enrollment requirements may contact Profs. Siegler, Zunkel, or Miller.

Previously:

• Spring 2024: Judith P Miller, and Alison Siegler
• Winter 2024: Judith P. Miller, and Alison Siegler
• Spring 2023: Alison Siegler, Erica Zunkel, and Judith P. Miller
• Winter 2023: Alison Siegler, Erica Zunkel, and Judith P. Miller
• Autumn 2023: Judith P. Miller and Alison Siegler
• Autumn 2022: Alison Siegler, Erica Zunkel, and Judith P. Miller
• Spring 2022: Alison Siegler
• Winter 2022: Alison Siegler
• Autumn 2021: Alison Siegler and Judith P. Miller
• Spring 2021: Alison Siegler, Erica Zunkel, and Judith P. Miller
• Winter 2021: Alison Siegler, Erica Zunkel, and Judith P. Miller
• Autumn 2020: Alison Siegler, Erica Zunkel, and Judith P. Miller
• Spring 2020: Alison Siegler, Erica Zunkel, and Judith P. Miller
• Winter 2020: Alison Siegler, Erica Zunkel, and Judith P. Miller
• Autumn 2019: Alison Siegler, Erica Zunkel, and Judith P. Miller
• Spring 2019: Alison Siegler
• Winter 2019: Alison Siegler, Erica Zunkel, and Judith P. Miller
• Autumn 2018: Alison Siegler, Erica Zunkel, and Judith P. Miller
• Spring 2018: Alison Siegler, Erica Zunkel, and James R. DuBray
• Winter 2018: Alison Siegler, Erica Zunkel, and James R. DuBray
• Autumn 2017: Alison Siegler, Erica Zunkel, and Judith P. Miller

Federal Criminal Justice Practice and Issues

This practice-oriented course integrates instruction on federal pretrial criminal procedures and issues with student practice exercises overseen by the instructor. The course will cover federal criminal practice from investigation up to trial, utilizing examples from recent federal criminal investigations and cases. The course will provide opportunities for student performance to develop professional skills and understanding. In particular, the course will provide instruction on (i) federal investigations and related issues (including Grand Jury proceedings and witness immunity); (ii) corporate internal investigations; (iii) federal charging decisions; (iv) initial appearances following arrest and accompanying bail/detention hearings (v) discovery under the federal criminal rules; (vi) pretrial motions and practice; and (vii) plea agreements. Students will engage in periodic practice simulations related to the pretrial stages of a federal criminal case. For example, students will conduct mock witness interviews in the context of a corporate internal investigation, present motions and arguments seeking, and objecting to, pretrial detention, and present motions and argument seeking to exclude or admit evidence. The course thus will provide opportunities for oral and written advocacy focusing on federal criminal pretrial practice. Each class session will also include discussion of practical and strategic issues facing both the defense and the prosecution under real-world circumstances at each pretrial stage. A student's grade will be based on class participation and written (6000-7500 word research series) and oral performance in the simulated practice exercises. Four oral argument presentations will accompany the written papers.

Previously:

• Winter 2023: Michael Doss
• Autumn 2023: Michael Doss
• Winter 2022: Michael Doss
• Winter 2021: Michael Doss
• Winter 2020: Michael Doss
• Winter 2019: Michael Doss
• Winter 2018: Michael Doss

Federal Criminal Law

This course surveys the substance and structure of federal criminal law. The appropriate scope of federal criminal law and enforcement is a central theme of the course. Topics examined include: federal jurisdiction over crime and offenses that enlarge the reach of federal criminal law such as mail fraud; federal crimes occurring in markets, including transactions in illegal markets (such as drug trafficking) and illicit transactions in legal markets (such as securities fraud); federal crimes involving corrupt payments, such as bribery, extortion, and foreign corrupt practices; federal crimes involving concealment, such as false statements, perjury, obstruction of justice, and money laundering; the regulation of criminal activity occurring in and through formal and informal organizations (such as RICO), and the allocation of liability between individuals and organizations with particular attention to deferred prosecution agreements. This class has a final exam.

Previously:

• Autumn 2022: Sharon R. Fairley
• Winter 2021: Sharon R. Fairley

Federal Habeas Corpus

We will cover the history of the Great Writ and the evolution of the scope of federal habeas corpus review and relief; the Suspension Clause; habeas review in capital cases including stays of execution; alternatives to habeas review; state post-conviction proceedings; and jurisdictional issues in both the trial and appellate courts. There will be an emphasis on habeas review under the Antiterrorism and Effective Death Penalty Act, which will be particularly helpful for students taking federal judicial clerkships. Students' grades are based on in-class participation, an exam, and optional papers (3000-3600 word paper, if the 3 credit option is chosen).

Previously:

• Spring 2024: Taylor A.R. Meehan, Adam Mortara
• Spring 2023: Taylor A.R. Meehan, Adam Mortara
• Spring 2022: Adam Mortara
• Spring 2020: Adam Mortara
• Winter 2019: Adam Mortara

Gender Violence and the Law

This seminar focuses on the intersection of gender-based violence and criminal law, concluding with a discussion of civil remedies for survivors and their limitations. It begins by examining the legal history of gender violence, including marital rape and domestic violence and the theories underlying state nonintervention which continue to influence the law today. Students will explore the concepts of resistance, force, threats, and consent as they relate to sexual violence, with discussion on shifting standards in the law and their theoretical underpinnings. Other class topics will include femicide and the use of the provocation defense in homicide cases, mandatory prosecution policies in domestic violence cases, the state's obligation to domestic violence survivors and related constitutional claims, credibility, juror and systemic bias, acquaintance rape, the intricate balance between victim and defendant rights, and historic underreporting and under-prosecution of gender-based violence. One class day will focus on evidentiary issues such as Battered Women's Syndrome, Rape Trauma Syndrome, and Rape Shield. Grades will be based on two short (900-1500 word) reaction papers and a final (3000-3500 word) research paper, as well as class participation.

Previously:

• Spring 2024: Elizabeth Payne
• Spring 2023: Elizabeth Payne

Greenberg Seminars: Crime and Politics in Charm City: A Portrait of the War on Drugs

We will explore a series of works on crime, politics, policing, and race, with an emphasis on the City of Baltimore via the television show "The Wire." We will focus particularly on the drug war - the economics and violence of the trade; the culture of the police bureaucracy; alternative law enforcement strategies such as informants and wiretapping; the politics of race, crime rates, and legalization; and the effects of addiction. We will also examine the effects of declining blue collar jobs and weakening labor unions; the effects of race, incumbency, and corruption on local politics; the challenges and failures of education and child welfare agencies; and the role of the city newspaper in self-governance. Preference is given to 3L students.

Previously:

• Spring 2023: Jonathan Masur and Richard Mcadams
• Winter 2023: Jonathan Masur and Richard Mcadams
• Autumn 2022: Jonathan Masur and Richard Mcadams

Greenberg Seminars: The Evil Corporation

This seminar looks at the depiction of corporations as evildoers in fiction. The course materials will include various films, books, and television shows where corporations play major antagonist roles. The seminar will ask whether the depiction is grounded in reality and how it reflects popular views of the role that businesses play in society. We will also explore legal themes related to corporate social responsibility, legal personhood, and corporate criminality while asking how these legal issues interact with the fictional depictions we study. The seminar will meet at 6:30 pm on January 11, January 25, February 8, and February 22. The time and date of the final meeting will be determined later. Graded Pass/Fail and is worth 1 credit which defaults to the winter quarter.

Previously:

• Spring 2023: Anthony Casey, Joshua Macey, and Emily Underwood
• Winter 2023: Anthony Casey, Joshua Macey, and Emily Underwood

Greenberg Seminars: The Law of the Dog

In 1996, Frank Easterbrook famously criticized the idea of studying "The Law of the Horse," referring to niche course offerings that center natural or technological topics, such as the horse or, his real target, cyber technology. In this Greenberg, however, we will do exactly that, taking up a subject that is economically and socially significant, pervasive, uneasily classified by law, and often quite cute: the dog. We examine how laws across different doctrinal domains interact with each other in the regulation of this specific natural kind. We will consider the dog's dual status as an owned chattel and as a sentient being fully integrated into the lives of humans, and explore how legal issues that arise in property, contract, tort, criminal law, and criminal procedure manage (or fail to manage) the gulf between these dual understandings. We will end with a look at theory and policy that places dog law in the broader context of animal rights and welfare. Readings will include cases, news items, and academic articles and book chapters. Meetings will be held on the evenings of October 5 (6:30-8:30 pm), November 2 (7:30-9:30 pm), January 25 (7:30-9:30 pm), April 8 (7:30-9:30 pm), and April 29th (6:30-8:30 pm). Meeting venues will include the professors' homes, which are in the Chicago neighborhoods of Kenwood and Beverly, respectively.

Previously:

• Spring 2024: Richard Mcadams and Lee Fennell
• Winter 2024: Richard Mcadams and Lee Fennell
• Autumn 2023: Richard Mcadams and Lee Fennell

Greenberg Seminars: Order Without Law

This Greenberg will explore the informal social ordering that takes shape in the shadow of the law and in law's interstitial spaces. We will begin with Robert Ellickson's influential book about how cattle ranchers in Shasta County, California settle disputes outside the governing property rules and in ways that deviate from them. Other topics may include: the informal IP of Roller Derby pseudonyms, extralegal agreements among diamond sellers, dispute resolution among tuna merchants, systems of social sanctions within prisons, and the use of textiles as informal property and currency among enslaved people, women, and others who lacked formal property rights. Graded Pass/Fail and is worth 1 credit which defaults to the autumn quarter.

Previously:

• Spring 2023: John Rappaport and Bridget Fahey
• Winter 2023: John Rappaport and Bridget Fahey
• Autumn 2022: John Rappaport and Bridget Fahey

Greenberg Seminars: Rational Do-Gooding

Effective Altruism is an important movement. In this seminar we will read books that favor saving human lives in the short and long run, but we will also question these goals and ask how and why we can do the most good after our law school experiences. Should we work hard and then donate money to good causes, or should we participate in a personal way? Should we care about the environment when it is at the sacrifice of caring about Malaria in parts of the world where people are suffering every day?

You must be free on Thursday evenings after 7pm (for 5 or 6 meetings) in the Autumn and Winter. We will be joined by Visiting Faculty, and we will have dessert or dinner at the Professors' home. Graded Pass/Fail and is worth 1 credit which defaults to the autumn quarter.

Previously:

• Autumn 2022: Julie Roin and Saul Levmore
• Winter 2023: Julie Roin and Saul Levmore
• Spring 2023: Julie Roin and Saul Levmore

Greenberg Seminars: Trials of the Centuries

In this Greenberg Seminar, we will examine famous trials from across the centuries (from the 17th century to today), using the trial as a prism through which to view changing ideas of guilt and innocence; the legal system; race, class, and gender; and personal responsibility. Class materials may include both readings and A/V media. Possible topics include the trial of Aaron Burr, the Salem witch trials, the O.J. Simpson murder trial, and the Nuremburg trials. This Greenberg will meet on 10/12 and 11/2 in the autumn quarter from 6:30-8:30PM.

Previously:

• Spring 2024: John Rappaport and Genevieve Lakier
• Winter 2024: John Rappaport and Genevieve Lakier
• Autumn 2023: John Rappaport and Genevieve Lakier

Hate Crime Law

This seminar will provide students with an overview of hate crime. The course will explore the emergence of modern hate crime laws in the United States and the legal controversies surrounding them, including in the context of contemporary social issues. We will examine the challenges of data collection and the impact of data on policy analysis. Law enforcement and hate crime prosecution will be reviewed. The course will also consider comparative international approaches to hate crime law, as well as the limits of the domestic legal system to effectively address hate crime through conventional and alternative options. Grading will be based on class participation and a final research paper of 6000-7500 words.

Previously:

• Autumn 2022: Juan Carlos Linares
• Autumn 2020: Juan Carlos Linares
• Spring 2019: Juan Carlos Linares

Human Trafficking and the Link to Public Corruption

This course provides a comprehensive, practical introduction to the history and present-day reality of human trafficking both domestically and internationally. In the year of the 20th anniversary of the Palermo Protocol, the course will look back on how far individual states have come in their efforts to fulfill their obligations under the Protocol. By reviewing the challenges to criminal prosecution first, the course will explore alternative paths to eradicating this transnational human rights crime that impacts over 40 million individuals annually. Reviewing the array of supply chain laws domestically and internationally first and then exploring industry-wide practices, students will learn to examine solutions from an array of laws that reach beyond merely criminal prosecution. Recognizing that public corruption plays a significant and powerful role in aiding the crime to continue with little societal repercussions, the course will explore ways in which the Foreign Corrupt Practices Act and the TVPRA have mechanisms to enforce these violations that provide billions of dollars to the traffickers. Taught by federal district court judge, Hon. Virginia M. Kendall. This class requires a major paper of 6000-7500 words.

Participation may be considered in final grading.

Previously:

• Winter 2024: Virginia Kendall
• Winter 2023: Virginia Kendall
• Winter 2022: Virginia Kendall
• Winter 2021: Virginia Kendall
• Winter 2020: Virginia Kendall

Immigrants' Rights Clinic

The Immigrants' Rights Clinic provides legal representation to immigrant communities in Chicago, including individual representation of immigrants in removal proceedings, immigration-related complex federal litigation, and policy and community education projects on behalf of community-based organizations. Students will interview clients, develop claims and defenses, draft complaints, engage in motion practice and settlement discussions, appear in federal, state, and administrative courts, conduct oral arguments and trials, brief and argue appeals, and engage in media advocacy. In the policy and community education projects, students may develop and conduct community presentations, draft and advocate for legislation at the state and local levels, research and draft public policy reports, and provide support to immigrants' rights organizations.

Past and current projects include challenges to national security detention, a civil rights lawsuit alleging Fourth and Fourteenth Amendment challenges against state law enforcement involved in an arrest that led to deportation, Seventh Circuit appeals of removal orders, representation of asylum seekers and human trafficking victims, suing local police departments for failure to comply with immigration-related Illinois state laws, representing Afghans left behind after the U.S. withdrawal from Afghanistan, and publication of the first guide to the immigration consequences of criminal convictions for criminal defense attorneys in Illinois.

The seminar will meet for two hours per week and will include classes on the fundamentals of immigration law and policy as well as skills-based classes that connect to the students' fieldwork. Both 2L and 3L students are encouraged to apply. 2Ls must enroll for 2 credits per quarter. 3Ls can enroll for 2 or 3 credits per quarter. Students are encouraged (but not required) to co-enroll in Immigration Law in the fall.

Previously:

• Spring 2024: A. Nicole Hallett
• Winter 2024: A. Nicole Hallett
• Autum 2023: A. Nicole Hallett
• Autumn 2022: A. Nicole Hallett
• Spring 2023: A. Nicole Hallett
• Winter 2023: A. Nicole Hallett
• Spring 2022: A. Nicole Hallett
• Winter 2022: A. Nicole Hallett
• Autumn 2021: A. Nicole Hallett
• Spring 2021: A. Nicole Hallett
• Winter 2021: A. Nicole Hallett
• Autumn 2020: A. Nicole Hallett
• Spring 2020: A. Nicole Hallett
• Winter 2020: A. Nicole Hallett

Immigration Law

This course explores the U.S. immigration system. It will focus on the federal laws and policies that regulate the admission and exclusion of immigrants. Topics covered will include: the visa system, deportation and removal, forms of relief from deportation, the law of asylum, immigration enforcement and detention, and proposed reforms to the immigration system. The course will also consider how immigration law connects to both constitutional law and foreign policy. Participation may be considered in the final grading. There will be a final exam.

Previously:

• Autumn 2023: A. Nicole Hallett
• Autumn 2022: A. Nicole Hallett
• Spring 2021: A. Nicole Hallett
• Spring 2020: Adam S. Chilton
• Autumn 2018: Allison Tirres
• Spring 2018: Adam S. Chilton

International Criminal Law

For a legal field that has developed relatively recently, the expectations placed upon international criminal law and its application are both solemn and significant, while seeming to grow yet weightier with each passing year. This seminar will examine the contours of this field through an examination of the structural aspects underpinning international criminal law as practiced today, with particular focus on the substantive legal considerations governing responsibility for the most serious crimes of concern to the international community. This will be an intensive course scheduled for February 12-15, 6:10-8:40PM. This seminar will have a final exam.

Prerequisite: Public International Law (recommended but not required).

The textbook is open source and can be found at: dx.doi.org/10.1017/9781108399906. A hard copy of the book can also be purchased at the book store.

Previously:

• Autumn 2022: Christopher Lentz

The Law, Politics, and Policy of Policing

In the wake of several highly publicized incidents of police brutality, the American public is engaged in substantive debate over modern policing strategies and tactics and how best to achieve public safety while respecting the rights and dignity of all citizens. This course will provide an overview of the public safety challenges facing large, urban police organizations. With the legal framework as a foundation, students will discuss the policy and political considerations relevant to key policing strategies. Starting with readings that provide the historical perspective on policing, each week will focus on a distinct policing strategy or policy challenge, including topics such as crisis intervention, national security, and gun violence. Some classes may include invited guest speakers. Criminal Procedure is suggested as a pre-requisite, but not required.

Students may qualify to earn three credits by taking the exam and writing a 3000-3500 word paper, or by writing a major paper only (6000-7500 words, which may also count for SRP credit if approved). Students who take the exam but do not write papers will earn 2 credits.

Previously:

• Spring 2023: Sharon R. Fairley
• Autumn 2021: Sharon R. Fairley
• Autumn 2020: Sharon R. Fairley
• Autumn 2019: Sharon R. Fairley

Life (and Death) in the Law

This seminar will explore the various definitions and valuations of life across diverse areas of the law. Readings will include seminal cases in reproductive rights, assisted suicide, right-to-die, and capital punishment. Background readings in related areas, i.e., scientific journals, papers, etc. will also be required. The seminar will discuss policy decision-making including actuarial analysis and social, medical and religious values inherent, implicit or ignored in the legal analysis. Students will be required to write three response papers, co-draft a statute in one area of law, and participate in jury deliberations. Grade will also be based on class participation. This is a biddable class. Priority registration to 3L students.

Previously:

• Spring 2023: Herschella Conyers
• Spring 2022: Herschella Conyers
• Spring 2021: Herschella Conyers
• Spring 2020: Herschella Conyers
• Spring 2019: Herschella Conyers
• Spring 2018: Herschella Conyers

Mass Incarceration

This seminar examines the growth and consequences of American detention centers, jails, and prisons in this age of "mass incarceration." Nearly 2.2 million people are behind bars, roughly one in every 100 adults, far more per crime than any industrialized nation. If we include persons on parole or probation, one adult in 23 is under correctional supervision. With taxpayers paying costs in excess of $75 billion each year and with African Americans and Latinos overrepresented in the American justice system, some scholars, advocates, and policy makers argue that mass incarceration represents one of the greatest social injustices of our time. This class is taught during a moment of mass activism and bipartisan support for justice reform. As the movement shifts from protests to politics, this class will examine the origins and consequences of mass incarceration, as well as the policy issues and solutions to fix a "justice" system that destroys lives and harms communities, and ask the hard questions: • What accounts for the growth of incarceration? • What are its moral, fiscal, and public safety consequences? • What were the precursors of mass incarceration? • How do we reimagine policing in America? • What roles do race, gender, and poverty play in perpetuating injustice? This class requires a major paper of 6000-7500 words. Participation may be considered in final grading.

Please note: If you have already taken Mass Incarceration and Reform you will not be able to take this seminar.

Previously:

• Autumn 2022: Roscoe Jones

Pretrial Litigation: Strategy and Advocacy

This seminar will focus on litigation skills and strategies that are instrumental in the day-to-day life of any litigator. Indeed, a lawyer will use many of the same strategies and skills in both the pretrial and trial phases of litigation. Students will learn how to evaluate and develop fact and legal theories; develop themes; take and defend fact and expert witness depositions; draft pretrial motions; and use various tactics to prepare a case for trial. The seminar will use a variety of learning methodologies, including lectures and mock exercises. The student's grade will based on performance in mock exercises and a series of research papers (6000-7500 words). In addition to the Monday class sessions, each student must sign up for an additional 90-minute session in early February to participate in one of the class's mock deposition exercises. The lecturer consults with the students when scheduling these sessions.

Previously:

• Winter 2023: Barry Fields
• Winter 2022: Barry Fields
• Winter 2021: Barry Fields
• Winter 2020: Barry Fields
• Winter 2019: Barry Fields

Privacy and Modern Policing

Law enforcement in modern criminal investigations uses sophisticated tools to obtain voluminous, often private, information. These tools can include forensic searches of phones and social media accounts; stingrays; precise location information obtained from phones and social media accounts; wiretaps of phone and social media accounts; and network intrusions/hacking. This course will explore the challenges of trying to regulate these cutting-edge methods.

Students will prepare several short papers, each about 5 pages in length (totaling 6000-7500 words), that will require some outside research. Participation may be considered in final grading.

Previously:

• Winter 2023: Vikas K. Didwania
• Autumn 2023: Vikas K. Didwania
• Autumn 2021: Vikas Didwania

Prosecution and Defense Clinic

The Prosecution and Defense Clinic is designed to provide students with an opportunity to learn about the criminal justice system through: (1) a 2-quarter seminar taught by a former Assistant United States Attorney and a career criminal defense attorney; and, (2) a clinical placement in either a prosecutor's office or public defender's office. The goal of the course is to familiarize students with the legal procedures and issues which arise in a typical criminal case as well as ethical and other social justice issues (such as race and poverty) routinely considered by all criminal justice attorneys and courts. The clinic will provide students with a unique combination of substantive criminal law and procedure, ethics, trial practice (through participation in courtroom exercises built around federal criminal cases), and hands-on experience through a clinical placement.

Each student in the clinic is responsible for securing a field placement and participating in a pre-screened placement program with a federal or state prosecutor or defender office for the winter and spring quarters (January through May). Field placements will be formally supervised by coordinators within each program's office, and the faculty instructors will monitor the student's substantive work and performance in conjunction with the field placements. Students must comply with the placement's requirements regarding hours and assignments, which will be considered part of the course grade. In the placements, students may be expected to research substantive criminal law issues, draft affirmative and responsive pleadings and memos, interview witnesses and clients, assist lawyers with court hearings and where permitted (and with an appropriate 711 license), appear in court under the supervision of practicing attorneys.

Students receive up to 7 credits for the course.

Previously:

• Spring 2023: Lisa M. Noller and Molly Armour
• Winter 2023: Lisa M. Noller and Molly Armour
• Winter 2022: Lisa M. Noller and Molly Armour
• Spring 2020: Lisa M. Noller and Molly Armour
• Winter 2020: Lisa M. Noller and Molly Armour
• Spring 2018: Lisa M. Noller and Molly Armour
• Winter 2018: Lisa M. Noller and Molly Armour

Race and Criminal Justice Policy

This class will examine issues of criminal justice policy with a lens focused on the problem of racial disparity. We will assess disparities in the application of the law as well as the racially disparate effects of criminal justice-related practices, and we will consider why those practices exist and whether there are viable alternatives to them, taking into account a variety of perspectives. Specific topics will touch on a variety of stages of the criminal justice process, including policing, bail decisions, prosecution and plea-bargaining, sentencing, corrections, parole, and reentry. Prerequisite: Criminal Law.

This class has a final exam. Participation may be considered in final grading.

Previously:

• Spring 2024: Sonja Starr
• Spring 2022: Sonja Starr
• Spring 2021: Sonja Starr

The Role and Practice of the State Attorney General

All 50 States and the District of Columbia have an Attorney General, each of whom enjoys broad discretion over a range of legal issues. This seminar will address the institutional role of these officials, including their status within their respective state systems and their relationship to the federal government. The course will also address a host of critical and often controversial areas-including civil rights, criminal justice, consumer fraud, and environmental regulation-where state Attorneys General have come to play a leading role on the local and national stage.

Students will be graded based on class participation and a final paper (6000-7500 words).

Previously:

• Spring 2024: Lisa Madigan and Michael Scodro
• Spring 2023: Lisa Madigan and Michael Scodro
• Spring 2022: Lisa Madigan and Michael Scodro
• Spring 2021: Lisa Madigan and Michael Scodro
• Spring 2020: Michael Scodro and Lisa Madigan