Professor Schlag's research covers a multitude of fields including constitutional interpretation, jurisprudence, legal theory, the aesthetics of law, legal reasoning, and law and economics. Animating most of his research and writing is an abiding interest in identifying what law is, what it does and articulating in cogent terms how it performs its various tasks.
keywords
Jurisprudence, legal philosophy, law and economics, interdisciplinary studies, legal philosophy, legal history
LAWS 5425 - Torts
Primary Instructor
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Fall 2018 / Fall 2019 / Fall 2020 / Fall 2021 / Fall 2022
Studies nonconsensual allocation of losses for civil wrongs, focusing primarily on concepts of negligence and strict liability.
LAWS 6823 - Legal Reasoning
Primary Instructor
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Fall 2020 / Fall 2021 / Fall 2022
This course of seven 100-minute classes aims to present legal reasoning skills crucial to the crafting and criticism of legal arguments. The classes will cover seven topics: rules and standards, the art of the legal distinction, dealing with legal contradictions, facts and framing, level of abstraction, baselines, and legal interpretation.
LAWS 7128 - Jurisprudence
Primary Instructor
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Spring 2019 / Spring 2020 / Spring 2022
Addresses a number of fundamental questions, such as: What is law? What should it be? How is it created? Our readings consist of cutting-edge articles from leading modernist/postmodernist schools of thought including legal formalism, legal realism, interpretive theory, law and economics, feminist jurisprudence, critical legal studies and law and literature. Same as LAWS 8128.
LAWS 8015 - Seminar: Constitutional Theory
Primary Instructor
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Fall 2018 / Spring 2019 / Fall 2019 / Spring 2020 / Fall 2020
Aims at thinking broadly about the challenges, and problems of constitutionalism in the U.S. What are the fundamental tensions that attend the constitutional enterprise'internally, externally? What relations does the Constitution have to democracy and liberalism? Readings will be taken from legal theory, social theory, philosophy and occasionally judicial opinions. Emphases will differ slightly each year as announced.
LAWS 8110 - Fascism and the Liberal State
Primary Instructor
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Spring 2018
Explores fascist legal theory and its critiques of the liberal democratic state. Readings of major conservative, liberal, fascist, Nazi and Marxist theorists including Marx, Gentile, Fuller, Neumann, Schmitt, Agamben, Hayek and Mill. Understand from a variety of perspectives, the structure and character of the liberal democratic state, its strengths and weaknesses as well as it susceptibility of fascism.
LAWS 8128 - Jurisprudence
Primary Instructor
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Spring 2018
Addresses a number of fundamental questions, such as: What is law? What should it be? How is it created? Our readings consist of cutting-edge articles from leading modernist/postmodernist schools of thought including legal formalism, legal realism, interpretive theory, law and economics, feminist jurisprudence, critical legal studies and law and literature. Same as LAWS 7128.
LAWS 8425 - Seminar: Advanced Torts
Primary Instructor
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Spring 2022
Explores how dignitary interests have influenced the development of and have been incorporated into law, using the common law of torts and the constitutional rights of life and liberty as a general (but not exclusive) focal point of discussion.
