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 2021)
Instructor: Jed Rakoff (view instructor's teaching evaluations - degree students only)
View all teaching evaluations for this course - degree students only
Grading Designation: Credit Only
Mode of Instruction: Remote Instruction
- Th 6:25 PM - 9:15 PM
F 10:00 AM - 12:00 PM
F 3:10 PM - 5:10 PM
Sa 09:30 AM - 12:30 PM
Sa 2:10 PM - 5:10 PM
Course End: March 06, 2021
Class Number (1Ls): 32050
Class Number: 32050
Enroll Limit: 50
As of: 05/08 05:45 AM
The historically tight distinction between criminal and civil actions is dead. Most criminal actions, for example, include mandatory restitution, a civil remedy. Many civil actions, for example, include the possibility of punitive damages, a quasi-criminal sanction. And numerous federal statutes, such as the securities and racketeering laws, provide civil, regulatory,and criminal sanctions for the identical conduct. Indeed, most defendants charged with "white collar" crimes also face parallel regulatory actions and private civil actions, sometimes both state and federal. This course explores, from both practical and jurisprudential standpoints, the dilemmas and acute conflicts created by this interplay of civil, administrative, and criminal lawsuits, and suggests that judges, and lawyers, need to open their eyes to the new world where "civil" and "criminal" no longer describe what is going on in the courts. The teacher, Judge Jed S. Rakoff, is a former federal prosecutor and criminal defense lawyer, who has served 25 years as a federal district judge in the Southern District of New York. He also serves as an adjunct professor at both Columbia Law School and NYU Law School, and is a regular writer for the New York Review of Books.
This class will meet:
Thursday, March 4th 6:25PM-9:15PM
Friday, March 5th 10AM-12PM and 3:10PM-5:10PM
Saturday, March 6h 9:30AM-12:30PM and 2:10PM-5:10PM
Real-time 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.
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Instructor has indicated that no books will be assigned.