2017-18 Bulletin of the Duke University School of Law

Curriculum 79 interpretation. Instructor: Siegel. 1 unit. 559JS. American Statutory Interpretation. This course will examine the practice of statutory interpretation in the U.S. legal system. The course will begin with the study of the basic approaches to statutory interpretation (intentionalism, purposivism, textualism, and pragmatism). Second, a distinctive feature of statutory interpretation by some state courts (methodological stare decisis) will be considered. Finally, a case study of a momentous question of statutory interpretation currently before the U.S. Supreme Court (in King v. Burwell, No. 14-114) will be conducted. Instructor: Siegel. 1 unit. 571JS. Constitutional Courts. This seminar will examine important constitutional issues that have arisen in recent Supreme Court cases and will use those cases as a vehicle for considering broader questions of constitutional interpretation and Supreme Court practice, such as theories of interpretation and the role of Stare Decisis. Instructor: Alito. 0.5 units. 577JS. Judicial History. This course will examine the question of what history has to teach us about law through a close reading of two short books, Grant Gilmore’s The Ages of American Law and Judge John Noonan’s Persons and Masks of the Law. Gilmore’s approach is to sketch out broad tendencies in American legal thought and practice and relate them to the broader historical context; Noonan’s is to focus on the individuals who were involved in specific legal disputes—parties, advocates, judges—and examine how the ways in which law shapes, and misshapes, our understanding of those disputes. Instructor: Powell. 1 unit. 578JS. Race and the Law. This course will explore contemporary controversies in race and law. We will begin with an historical overview, after which we will pay particular attention to criminal justice questions, voting rights, free speech issues and education. Instructor: Charles. 1 unit. 581JS. Judicial Writing Workshop. Through this workshop, students will have the opportunity to study the opinion writing of judges famous for great writing. They will hear from visiting judges who are among today’s best judicial writers. Finally, they will have the opportunity to submit one of their own opinions anonymously for evaluation by a workshop group in the class. Instructors: Carnes and Scalia. 0.5 units. 582JS. National Security and Foreign Relations Law. This course will explore some of the most current and controversial issues in national security law and foreign relations law. After discussing the two pivotal cases regarding presidential power, Youngstown Sheet & Tube v. Sawyer (the Steel Seizure case) and United States v. Curtiss-Wright Export Corporation, we will then focus on the detention of alleged terrorists at Guantanamo Bay and prosecution by military commissions. This course will also cover the high points of foreign relations law that is, the domestic constitutional, statutory, and common law principles that govern the interactions of the U.S. legal system with foreign actors and international law. 1 unit. 588JS. Problems in Self-Regulation. This course will examine areas of law that explore the benefits and problems with self-regulating professions. Particular attention will be paid to the medical profession, but emphasis will be on the general theme of how and when the state should delegate regulatory authority to private parties. Instructor: Richman. 1 unit. 593JS. Master’s Thesis. Continuation. Instructor: Faculty. 4 units. Summer Courses Summer Curriculum for the Duke-Geneva Institute in Transnational Law 204G. Responding to Terrorism: Different Perspectives of Applicable Law. The first term of this course will discuss, from the American perspective, legal issues regarding the targeted killings by drone and the detention, interrogation and prosecution of alleged terrorists. The second term of the course will introduce students to international law regarding the admissibility to target, detain, interrogate and prosecute alleged terrorists, including from a European perspective according to which the fight against terrorism does not constitute an armed conflict. Both terms will use, as a pretext, the jurisprudence and controversies surrounding the treatment of members of the Taliban and Al Qaeda, in particular those held at Guantanamo Bay. Instructor: Faculty. Variable credit. 208G. Bioethics and the Law. This class will address the scientific, ethical and legal issues surrounding research in the biosciences. Instructors: Faculty. Variable credit. 219G. Introduction to International Taxation in the U.S. and Europe. This course is an introduction to international taxation in business transactions. After a brief explanation of basic income tax concepts, the principal rules of the United States taxation system relating to international business will be reviewed. The course will then focus on how the United States’ rules interact with taxation systems in other countries. Instructors: Faculty. 2 units. 220G. Law of Atmosphere. This course will take a comprehensive look at the “regime complex” of transnational legal regulation for the Earth’s atmospheric resources. The course will focus on some of the key topics of relevant legal regulation (such as airspace and sovereignty; stratospheric ozone layer; greenhouse gases and climate; radiation sources; ambient air quality; emissions trading systems; technical standards; and monitoring of air quality). Instructors: Faculty. Variable credit. 223G. Fiduciary Aspects of Corporate Law. The law concerning fiduciary obligations provides important boundaries on the exercise of discretionary powers by powers entrusted with them, including agents and the trustees as well as company directors and officers. This course considers key fiduciary principles and the significance they have within the commercial sphere, providing comparative insights into the varying approaches adopted throughout the common law world. Instructors: Faculty. Variable credit. 229G. International Law of Armed Conflict. This course will explore the international law governing armed conflicts. The first term will cover the jus ad bellum (or international law relating to the initiation of armed conflict) and the second term will cover the jus in bello (or international law relating to how hostilities, once initiated, may be conducted). The course will address conventional wars between states as well as other types of armed conflicts (including the so-called “war” on terrorism). It will also examine recent developments such as the use of drones and other autonomous weapons systems, cyber warfare, and international criminal law respecting war crimes. Instructors:

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