Apart from their assigned mod courses, 1L students may only enroll in courses offered as 1L electives. A complete list of these courses can be found on the 1L Elective Listings page. 1L students must use the 1L class number listed on the course description when enrolling.
230.9 sec. 001 - Where Civil and Criminal Laws Collide (Spring 2025)
Instructor: Jed Saul Rakoff (view instructor's teaching evaluations - degree students only)
View all teaching evaluations for this course - degree students only
Units: 1
Grading Designation: Credit Only
Mode of Instruction: In-Person
Meetings:
Th 6:25 PM - 9:05 PM
Location: Law 132
On 2025-02-27
F 10:00 AM - 12:00 PM
Location: Law 132
On 2025-02-28
F 3:10 PM - 6:10 PM
Location: Law 132
On 2025-02-28
Sa 09:00 AM - 12:00 PM
Location: Law 140
On 2025-03-01
Sa 1:30 PM - 4:10 PM
Location: Law 140
On 2025-03-01
Course End: March 01, 2025
Class Number: 32754
Enrollment info:
Enrolled: 23
Waitlisted: 0
Enroll Limit: 40
As of: 11/23 11:55 PM
This is a course about how, in reality, civil and criminal laws, theoretically distinct, not only frequently overlap, but also sometimes collide, in their application to common legal disputes. For example, civil juries are routinely asked to award quasi-criminal punitive damages, while sentencing judges are frequently required to impose civil remedies such as restitution. Corporations can be indicted criminally even though they face only monetary sanctions, while individuals can be sent to jail for civil contempt of court or for civil violations of criminal probationary terms. Moreover, litigators frequently find that their clients' difficulties require them to defend criminal prosecutions, regulatory proceedings, and private actions all at once. And the Supreme Court, for its part, has found it impossible to clearly define when a proceeding is civil or criminal. In short, this is a course about how the law really works in practice, as opposed to theory.
We also have special academic rules for these condensed courses:
-Students must attend each course session and cannot attend any course session remotely (even for illness or emergency situations).
-The Registrar’s Office will drop a student who does not attend each course session.
Due to the condensed nature of this course, in-person attendance at all course sessions is mandatory. Absences cannot be excused for any reason, including illness or emergencies. The Registrar’s Office will drop any student who misses a session.
Attendance at the first class is mandatory for all currently enrolled and waitlisted students; any currently enrolled or waitlisted students who are not present on the first day of class (without prior permission of the instructor) will be dropped. The instructor will continue to take attendance throughout the add/drop period and anyone who moves off the waitlist into the class must continue to attend or have prior permission of the instructor in order not to be dropped.
Exam Notes: (TH) Take-home examination
(Subject to change by faculty member only through the first two weeks of instruction)
Exam Length: 3 hours
Course Category: Criminal Law
This course is listed in the following sub-categories:
Litigation and Procedure
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