Is there an American Legal Canon?

Is there a "canon" of American legal scholarship? And if so, how does it shape our understanding of, or the way we talk about, the law today? In many other academic disciplines, a central element of any course of advanced study is an encounter with a "canon" of some sort. This is a core set of texts that are perceived as foundational, and that are commonly used as reference points for scholarly advances. In other disciplines, the canon can be an object of emulation or criticism. Indeed, the very idea of a "canon" of legal scholarly is often subject to contestation, e.g., given the barriers women and minority scholars have faced. Drawing on the model of those foundational courses in other disciplines, this seminar aims to provide students with a working knowledge of a set of scholarly writings that can plausibly be characterized as an American "canon." At the same time, the seminar aims to elicit from students a critical engagement with this putative "canon." Particular attention is paid to the manner in which the canon either includes or marginalizes certain voices. Hence, one part of the seminar involves reading material that might be part of an expanded, more diversely populated canon. The seminar is designed for two kinds of student. First, it is a useful course of study for students either interested in academia or those thinking about whether academia might be the right path for them (and indeed, the seminar is modeled on a course at Chicago designed for prospective academics, or those considering that path). Second, the course is a chance to take a deeper dive into ideas that lurk behind many first-course private-law and public-law courses. During the seminar, students will read and discuss a range of texts, many drawn from Fisher and Kennedy's The Canon of American Legal Thought. Students will be asked to write response papers and to lead discussion on certain readings. The precise set-up of the course will depend, however, on enrollment. Finally, students will also have the option of doing a longer paper for additional credit (section 02). After the term begins, students accepted into the course can transfer from section 01 (2 units) into section 02 (3 units) with consent of the instructor. Elements used in grading: class participation, short papers, and optional final research paper. Paper extensions will be granted with instructor permission. No automatic grading penalty for late papers.