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Introduction to US Law: The Code and the Exception

Modeled on the three-year law school curriculum. 1L builds the foundations every lawyer learns first: rule of law, precedent, the Constitution, contracts, property, and torts. 2L applies those tools to criminal justice, civil procedure, administrative agencies, corporate power, immigration, and environmental regulation. 3L confronts the hardest questions: race and structural inequality, competing theories of interpretation, technology's challenge to legal categories, international law without a sovereign — and Luhmann's radical claim that law is an autopoietic system that reproduces itself through the binary code legal/illegal.

18 Units
2-3 weeks per unit
Curriculum Map

NOT a Pre-Law Survey

This course does not list legal topics — it teaches you to think like a lawyer, then shows you why that is both powerful and dangerous. Every unit opens with a real case, a real decision, and real consequences. The 1L/2L/3L structure mirrors actual legal education, but the question running through every unit is: whose interests does law serve?

What You Will Learn

1L: How Lawyers Think

From Marbury v. Madison to Palsgraf, build the doctrinal foundations. Rule of law, stare decisis, the case method — then contracts, property, and torts as the three pillars of private law.

Unit 1

2L: The Domains

Criminal law, civil procedure, constitutional rights, the administrative state, corporate power, immigration, and environmental regulation — each as a separate application of 1L concepts.

Unit 7

3L: Law as a System

Same text, same method, opposite results. Critical Race Theory, textualism vs. living constitution, code as law, law without a sovereign — and Luhmann's autopoietic legal system as the bridge back to sociology.

Unit 18

Course Modules

Year 1 — 1L: Foundations of Legal Thinking

Doctrine + Method
1
45-60 minutes
A Government of Laws
  • •Define the rule of law and distinguish it from rule by law
  • •Analyze Marbury v. Madison as the foundational case establishing judicial review
  • •Compare H.L.A. Hart's legal positivism with Lon Fuller's natural law theory
  • +1 more objectives
Start learning
2
45-60 minutes
Common Law and the Case Method
  • •Explain stare decisis and the doctrine of precedent as the backbone of common law
  • •Analyze Palsgraf v. Long Island Railroad as a case study in legal reasoning and the limits of foreseeability
  • •Trace the development of the case method from Langdell through Holmes' legal realism
  • +1 more objectives
Start learning
3
45-60 minutes
The Constitution as Legal Document
  • •Analyze how 4,543 words generate an entire legal system through interpretation
  • •Explain the holding of McCulloch v. Maryland and the implied powers doctrine
  • •Trace the doctrinal arc from Brown v. Board of Education through constitutional interpretation
  • +1 more objectives
Start learning
4
45-60 minutes
Contracts and the Law of Promises
  • •Define consideration, offer, acceptance, and the objective theory of mutual assent
  • •Analyze Hadley v. Baxendale and the doctrine of foreseeable consequential damages
  • •Evaluate Williams v. Walker-Thomas Furniture and the concept of unconscionability
  • +1 more objectives
Start learning
5
45-60 minutes
Property — The Right to Exclude
  • •Define property not as a thing but as a bundle of legal rights enforceable against others
  • •Analyze Shelley v. Kraemer and how the state enforcement of private agreements constitutes state action
  • •Evaluate Kelo v. New London and the limits of eminent domain
  • +1 more objectives
Start learning
6
45-60 minutes
Torts — Harm, Duty, and Compensation
  • •Define tort law as the system for allocating risk and compensating harm between private parties
  • •Analyze the Palsgraf proximate cause debate and the Hand Formula for negligence
  • •Evaluate Liebeck v. McDonald's as a case study in tort reform narratives versus legal reality
  • +1 more objectives
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Year 2 — 2L: Domain Applications

Criminal → Environmental
7
45-60 minutes
Criminal Law — Punishment and Its Justifications
  • •Analyze the four justifications for punishment: retribution, deterrence, incapacitation, and rehabilitation
  • •Explain the rights protected by the 4th, 5th, and 6th Amendments and their practical application
  • •Evaluate Miranda v. Arizona and Gideon v. Wainwright as landmarks in procedural justice
  • +1 more objectives
Start learning
8
45-60 minutes
Civil Procedure — The Architecture of Litigation
  • •Explain the concepts of jurisdiction, standing, and venue as gatekeeping mechanisms
  • •Analyze Erie Railroad v. Tompkins and the federal/state choice-of-law problem
  • •Evaluate how procedural rules (discovery, summary judgment, class actions) shape substantive outcomes
  • +1 more objectives
Start learning
9
45-60 minutes
Constitutional Rights and Civil Liberties
  • •Analyze how constitutional rights are constructed and deconstructed through judicial interpretation
  • •Evaluate New York Times v. Sullivan and the constitutional protection of press freedom
  • •Trace the doctrinal arc from Obergefell v. Hodges to Dobbs v. Jackson Women's Health
  • +1 more objectives
Start learning
10
45-60 minutes
The Administrative State — Who Really Makes Law
  • •Explain how federal agencies create approximately 3,000 rules per year compared to Congress's ~100 laws
  • •Analyze the rise and fall of Chevron deference (Chevron v. NRDC through Loper Bright)
  • •Evaluate the major questions doctrine and its implications for agency rulemaking authority
  • +1 more objectives
Start learning
11
45-60 minutes
Corporate Law and the Code of Capital
  • •Explain how law constitutes the economy rather than merely regulating it
  • •Analyze Lochner v. New York as a case study in constitutional economic liberty
  • •Evaluate Katharina Pistor's thesis that capital is created by legal coding — not by markets
  • +1 more objectives
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12
45-60 minutes
Immigration Law — Borders, Sovereignty, and Persons
  • •Explain the plenary power doctrine and why immigration law operates under different constitutional rules
  • •Analyze Plyler v. Doe and the question of whether undocumented children have a right to education
  • •Evaluate Trump v. Hawaii and the limits of executive power over immigration
  • +1 more objectives
Start learning
13
45-60 minutes
Environmental and Public Health Law
  • •Explain the precautionary principle and its tension with cost-benefit analysis in regulation
  • •Analyze Massachusetts v. EPA and the legal status of greenhouse gas regulation
  • •Evaluate Jacobson v. Massachusetts and the constitutional basis for public health authority
  • +1 more objectives
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Year 3 — 3L: Theory and the Frontier

Race → Luhmann
14
45-60 minutes
Law, Race, and Structural Inequality
  • •Analyze the doctrinal arc from Plessy v. Ferguson through Shelby County v. Holder
  • •Explain Critical Race Theory as an analytical framework: formally neutral laws producing racially disparate outcomes
  • •Evaluate Derrick Bell's interest convergence thesis and Kimberle Crenshaw's intersectionality
  • +1 more objectives
Start learning
15
45-60 minutes
Legal Reasoning and Interpretation
  • •Analyze Bostock v. Clayton County as a case where textualism produced a progressive outcome
  • •Compare textualism, originalism, purposivism, and the living constitution as interpretive methods
  • •Evaluate Scalia's and Dworkin's competing theories of legal interpretation
  • +1 more objectives
Start learning
16
45-60 minutes
Law and Technology
  • •Analyze Carpenter v. United States and the Fourth Amendment in the digital age
  • •Explain Lawrence Lessig's thesis that code is law — architecture regulates behavior
  • •Evaluate Section 230 and platform liability as the legal infrastructure of the internet
  • +1 more objectives
Start learning
17
45-60 minutes
International Law and Its Discontents
  • •Explain the fundamental paradox of international law: law without a sovereign
  • •Analyze the Nuremberg Trials as the foundational moment of international criminal law
  • •Trace the intellectual history from Hugo Grotius through the UN system
  • +1 more objectives
Start learning
18
45-60 minutes
Law as a Luhmannian System
  • •Explain Luhmann's theory of law as an autopoietic system that reproduces itself through the binary code legal/illegal
  • •Analyze structural coupling between the legal system and other function systems (politics, economy, science)
  • •Define juridification as the expansion of legal regulation into previously non-legal domains
  • +1 more objectives
Start learning

An open educational resource. Structured around the 3-year law school pedagogy. Bridge course from Intro to Sociology; connects to future Advanced Sociology through Luhmann.