Modern American Legal Thought

(Formerly Law 500) The course surveys the most significant theories of law and adjudication in this country from the 1880s to the present. We will consider, among other topics, Formalist (Langdellian) Legal Science, Sociological Jurisprudence, American Legal Realism, the Legal Process School, Law and Moral Philosophy, Public Choice Theory, Law and Economics, Feminist Jurisprudence, Critical Race Theory, the Law and Society movement, and Empirical Legal Studies. The readings are drawn principally from primary materials---the important contemporary manifestos and critiques of the schools of thought studied, along with writings that involve their application to concrete legal problems or reveal their influence on others. Enrollment allowing, students may be asked to help co-teach some of the sessions. Contact Prof. Fried (bfried@stanford.edu) if you would like to look at a syllabus from prior years before deciding whether to enroll. Special Instructions: If any student would like to write a research paper in lieu of the reflection papers, he or she should consult the instructor before the start of the course. After the term begins, students accepted into the course can transfer from section (01) (Reflection papers option) into section (02) (Final paper option) with consent of the instructor. Section (02) meets the R requirement. Note: Students enrolled in Section 01 will complete reflection papers (2-3 pages) for 9 of the 18 classes and students enrolled in Section 02 will complete a research paper (25-30 pages) on topic of student's choice related to the material of the course. Students are required to meet regularly with Prof. Fried throughout the Quarter to discuss progress on the paper. Elements used in grading: Class Participation plus reflection papers or final paper.