This course considers fundamental problems in civil litigation, focusing on the Federal Rules of Civil Procedure. Particular attention is paid to the competing values animating a range of procedural doctrines and questions, including: the relationship of procedure to substantive law, the proper reach of judicial authority, personal and subject matter jurisdiction, venue, pleading, motion practice, joiner of parties and claims, pretrial discovery, summary judgment, trial by jury, post-trial procedure, settlement, and preclusion. Special problems that arise in complex, multi-party litigation will also be introduced.
Health Law and Policy Workshop
This seminar will feature the presentation and discussion of cutting edge scholarship on health law, health policy, biotechnology and bioethics. Students must submit brief written comments on a number of the papers. Because the papers are different every term, students can take the class as many times as they wish. This course meets 12 times total across the whole year, likely 6 times each semester, so half of the weeks will be 'off' weeks where no workshop will take place.
Population-Level Reading Group
Examines issues in ethics and health policy, including a basic account of justice and health; ethical critique of maximization methodologies, including cost-effectiveness analysis; individual and social responsibility for health; and other topics.
The course is taught by multiple instructors who will rotate between sessions, bringing together philosophical, medical and legal bioethicists from across the university, some of the leading scholars in the world on these subjects.
Reproductive Technology and Genetics: Legal and Ethical Issues: Seminar
Should individuals be able to sell reproductive materials like sperm and ova, or reproductive services like surrogacy? Should the law require individuals diagnosed with diseases like Huntington's diseases to disclose to family members that they too are at risk for the disease? Should prenatal sex selection be a crime? Should federal funds be used for stem cell research? Should law enforcement be able to bank DNA samples collected from suspects and perpetrators? Should doctors be able to patent cell lines developed from their patients' bodies?
Since Watson and Crick's discovery of the double helix structure of DNA in 1953, and the 1978 birth of Louis Brown, the first child conceived through in vitro fertilization, pressing questions like these have propagated. In this course we will cut across doctrinal categories to examine how well the law and medical ethics have kept up, and plot directions for fruitful development.
Topics covered may include:
* Prenatal genetic screening and sex selection * Genetic enhancement * The sale of sperm and ova and access to reproductive technology * Surrogacy * Cloning * Preembryo disposition disputes * Wrongful birth, wrongful conception, and wrongful life torts * The parentage and anonymity of gamete donors.
* Imposition of criminal liability on mothers and third parties for harm to fetuses * The use of genetic information by insurers and employers * The collection of genetic information by the state and the criminal justice system * Biobanking * Chimeras (human-animal hybrids) * The stem cell controversy * The patenting of genes and their derivatives * Research ethics issues involving fetuses and embryos * Pharmacogenomics and Race