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Spring 2014

Spring 2015

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Fall 2014

Spring 2015


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Fall 2014


Change Log


Spring 2014

Fall 2014

    • 20418
    • Sabel, Charles
    • Description changed to:
      Experimentalism in Theory and Practice (20418). 2 units. Since the 1970s the efforts of the activist state to provide services and establish regulations underpinning inclusive growth, social welfare and environmental improvement have been severely hampered by the shortcomings of the public bureaucracies charged with achieving these goals. The premise of this class is that, in response, a form of post-bureaucratic service provision and regulation is emerging, piecemeal and in the shadow of established institutions, in the United States, the European Union, and some transnational regimes. These post-bureaucratic regimes authorize “local” units—the frontline workers providing services or the district of regional authorities supervising them; the private actors under regulatory oversight—to exercise discretion in pursuing policy goals in particular contexts, provided that the local units report their results according to jointly agreed metrics and participate in peer reviews. This forward-looking or dynamic accountability encourages local experimentation while allowing for rapid correction of failure and the generalization of success. Governance of this kind is experimentalist in the sense of pragmatists like John Dewey because it systematically provokes doubt about its own assumptions and practices; it treats all solutions as incomplete and corrigible; and it produces an ongoing, reciprocal readjustment of ends and means through comparison of different approaches to advancing shared, general aims.The first term of this class will explore the theoretical foundations for these claims and illustrate their application through case studies of child welfare, problem-oriented policing and food safety in the United States, regulation of hazardous chemicals and GMOs in the European Union, and the Montreal Protocol for elimination of ozone-depleting substances. The concluding sessionsevaluate the claim that experimentalist institutions can be a key component in the renewal of the welfare state and representative democracy.

      See the spring-term description for further information. This course can be taken in both the fall and spring terms, or taken only in the fall term. Paper required. Enrollment limited to fifteen. C. F. Sabel.

      Note: Studentsare encouraged to take both terms but some may elect only to take the fall-term, theoretical half of the course. No new students will be admitted in the spring semester.

      Course Selection: In addition to listing this course among permission-of-instructor selections, students should submit a CV and a one-paragraph statement of interest by the close of the fall pre-registration period on June 26.
    • 07/23/2014
    • 20259
    • Walker, John
    • Description changed to:
      †Constitutional Litigation Seminar (20259). 2 units. Federal constitutional adjudication from the vantage of the litigator with an emphasis on Circuit and Supreme Court practice and procedural problems, including jurisdiction, justiciability, exhaustion of remedies, immunities, abstention, and comity. Specific substantive questions of constitutional law currently before the Supreme Court are considered as well. Students will each argue two cases taken from the Supreme Court docket and will write one brief, which may be from that docket, but will likely come from a circuit court decision. Students will also join the faculty members on the bench and will, from time to time, be asked to make brief arguments on very short notice on issues raised in the class. Enrollment limited to twelve. J.M. Walker, Jr., and J. Meyer.

      Note: The first class meeting will be on Wednesday, September 3, at the Law School in a room to be announced. Thereafter, the class will meet at 157 Church Street on the following dates: September 17, 18; October 1, 2, 8, 9; November 5, 6, 12, 13, 19, 20; December 3. All class meetings begin at 4:10 p.m. The break in the middle of the course is design to give students a time to write the brief.
    • 07/23/2014

Spring 2015

    • 21347
    • Sabel, Charles
    • Description changed to:
      Experimentalism in Theory and Practice (21347). 2 units. In the second term, students undertake with the instructor’s support group projects looking at the operation and prospects of experimentalist institutions. The goal is to understand in depth how such institutions emerge, how they function, and especially the problems they face and the (generalizable) strategies emerging for responding to them. Projects for the Spring, 2015 are likely to involve problem-oriented policing in Cincinnati, co-ordination of the extensive and complex efforts to restore the Chesapeake Bay ecosystem by Maryland’s BayStat, and, depending on developments, the shift towards an experimentalist form of regulatory harmonization in discussion of WTO 2.0. Students who elect to take the fall, theory component of the seminar have the option of taking the second half of the course in the spring or working with the instructor through supervised research on an agree-upon topic. Paper required. Enrollment limited to fifteen. Permission of the instructor required. C. Sabel.

      Course Selection Information: Open only to students who were enrolled in the first-half of the course in Fall 2014. No new students will be admitted.
    • 07/23/2014