LAW AND INTERPRETATION (THEORY,HIST.& STRUCTURE OF LAW - 2000)
This course uses the freedom of the seminar format to explore judicial opinions that deal with highly contested, charged and complex legal issues. The focus is on the competing values--jurisprudential, social, political, economic, moral, religious, philosophical, personal-- expressly or implicitly contained in a text. In the interpretation of opinions, students will explore the following questions, among others: What is the factual "picture"--the historical, the legal, the social context--of the case being decided?; what does the text "mean," in every sense that can be brought to it?; which values does the author of an opinion use to reach a decision?; does the student agree with the values used by the author, or how they are employed, to reach a decision, and if so, why?; if the student disagrees with the values used by the author, which values would the student use to reach a decision and why are the chosen values better than those used by the author? The final grade will be based on classroom participation and, primarily, on a paper.
TORTS (TORTS - 1040)
The basic Torts course is an introduction to civil liability arising from breach of duties imposed by law, as distinguished from duties imposed by contract. The course will cover representative doctrines and theories of liability, including intentional torts, negligence and strict liability. Topics may include assault, battery, negligence, strict liability, products liability, misrepresentation, defamation and privacy. Grades are based upon a final examination.