University of Miami School of Law Course Description - Online System
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Fall 2016

Course Description
From the rise of civil liability in the 15th century, to the advent of structural reform litigation in the 20th century, litigation has played a significant role in shaping economic, political and social development in the modern age. This seminar focuses on the adversarial process by which judicial institutions are called upon to determine rules of liability in suits against private and state actors. As a starting point, we will begin with the underlying political theory of litigation. What justifies litigation as a form of dispute resolution, and why have governments subsidized the resolution of disputes through the construction of courts and the employment of judges? It will also focus on the institutions that make litigation possible, including the development of the judiciary and the rules that govern litigation—from the construction of courtrooms to the adoption of rules of civil procedure and evidence. This seminar will also focus on the politics that underwrite the turn to (and from) litigation, and the politics created by litigation. We will assess criticisms of, and alternatives to, litigation as a mechanism for resolving both private and collective disputes. Students in the course will write either a single, 20-25 page paper on a topic chosen after consultation with the professor, or four 5-6 page essays that draw on the readings for a particular class session. Each student will be expected to lead at least one class discussion. This course fulfills the seminar requirement of the Litigation Concentration.

Course Schedule
Dates Day Time Room
08-17-2016 - 11-29-2016   W  3:30 PM-5:20 PM F300

Course Frequency

Course Information

Credits: 2
Pass/Fail Option: No
Method of Evaluation:
Graduation Requirements Fulfilled By Course:
Writing Requirement
Special Attributes: None
Special Restrictions:
Law Track(s): None
Bar Subject(s): None
Concentration(s): None

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Contact Information:
Phone: (305)284-2376
Office: G271