The seminar will explore the challenges of contemporary environmental regulation. It will examine the concept of regulation and its theoretical underpinnings; some of the basic instruments of modern regulation; and regulatory failures. In addition to a theoretical discussion of contemporary environmental regulation, the course will include case studies.
The constant and recurring interactions among individuals in society require legal control. The most frequently used legal instrument for this purpose is regulation. This course will examine the substance and practice of regulation in society drawing on examples from the American and Israeli legal systems. Applying economic thinking and methodology, this course will first explore the normative justifications for legal intervention by the state (i.e., controlling individual behavior). Next, the main legal instruments for such intervention (regulation, taxation, tort liability, and property rights) will be presented and confronted, yielding criteria for choosing the regulatory mechanism over other legal instruments. Lastly, political theories of regulation will be presented, and their legal application will be assessed.
This course examines the relationship between the state and religion in various legal systems. Particular emphasis will be placed on the role of religion and religious institutions in the legal system and legal structures of the State of Israel. The course will examine how Israel, created as a state for the Jewish people, has handled the tensions between maintaining Israel as a state with a Jewish identity and at the same time a liberal democracy. As we will see, over the past several years once latent disagreements over matters of religion and state have become a major source of political and cultural tensions in Israeli society. The first part of the course will be dedicated to conceptual analysis and presentation of various models for the legal role of religion in various national legal systems, including models found in states based upon Christianity and Islam. In the second part, we will take a closer look at several specific religious disputes arising in Israeli law, including rights of citizenship, family law disputes, and Sabbath and dietary law observance. The course will conclude with a comparison between the arrangements made in Israel and in the United States as to the legal status of religion.
An explanation of the availability and limitations of equitable and legal remedies, focusing on injunctions, declaratory judgments, specific performance, reformation, rescission, restitution, enforcement of decrees, and the problems in the merger of law and equities.
This course will explore the medical and ethical world and of assisted reproductive technologies. The course begins with a discussion of human reproduction and concepts of personhood, including government intervention in reproductive making. The main focus of the course will be charting the developments of reproductive technologies such as in vitro fertilization, postmortem reproduction, and human cloning. These technologies give rise to a host of issues, including selective reduction of a multiple pregnancy, preimplantation genetic diagnosis, cryopreservation of human eggs and embryos, and the sale of human gametes. In addition, recent developments in the field of human embryonic stem cell research will be discussed. The course will provide a multidisciplinary framework for understanding these intriguing technologies.
A review of the law of securities regulation, developed through the Securities Act of 1933, the Securities Exchange Act of 1934, state "blue sky" laws, and the judicial interpretation and rule-making of the Securities and Exchange Commission.
An investigation of how American Law treats women differently than men, and whether or not it should. Topics covered may include employment discrimination law, especially Title VII of the 1964 Civil Rights Act; sexual harassment; the role of women in the profession; conflicts between work and family; marriage, divorce, child custody, abortion and new reproductive technologies; and domestic violence, rape, and pornography.
This course examines the social, political, and legal aspects of the ways in which sexuality and gender play a central role in the displacement and forced migration of people globally, as well as international legal instruments aimed at providing relief. Specific topics of study may include gender persecution, gender-related violence, sexual-orientation persecution, and international trafficking of women and children.
This seminar will explore gender and sexuality issues in a number of legal, social and theoretical contexts. Topics might include: legal and instrastate recognition of of same sex relationships; media images of gender and sexuality; pornography; literature, bullying and youth, transgender/transsexual issues; parenting; intimate relationship violence.
Empirical claims about the lives of LGBT people have played an important role in many major legal decisions and in legislation. This course will analyze the use of social science research in public policy debates and court cases on LGBT issues. In particular, the course will focus on social science research on employment discrimination against LGBT people, LGBT parenting, and the legal recognition of same-sex couples. We will also compare the approaches different countries take to collecting data on sexual orientation and gender identity, since those policies will influence the type of research available.