California Western -- Daniel Yeager
Courses Taught - Daniel B. Yeager 

Criminal Law

Criminal Law Theory: Selected Topics

Criminal Procedure I


CRIMINAL LAW (3 units)
Studies the current law of crimes, both common law and statutory.  This inquiry focuses on when and how the state can deprive citizens of liberty.  General principles of criminal liability include elements of certain crimes, justification, excuse, and sanctions.
This class addresses the role of responsibility (generally), in law (more particularly), and in criminal law (even more particularly).  We will study extremely closely three 30-page (or so), difficult, but highly rewarding essays by philosopher J.L. Austin:  1) “Pretending”; 2) “Ifs and Cans”; and 3) “Other Minds”, which are, in one way or another, about responsibility–about action- and speech-acts.  Austin’s work systematically confronts what it means to do (including to say something) and why we should care.
A required upperclass course in criminal procedure, addressing constitutionally imposed limitations on police investigative practices and considering as well an indigent defendant's right to certain protections — including state-furnished counsel — when facing prosecution for particular crimes.  Specific attention is paid to the role of police in our accusatorial system, the proper scope of exclusion as a penalty for police misconduct, the tension between fighting crime and fair procedure, and the Supreme Court's role over state courts' administration of corrective justice.
REMEDIES (3 units)
This class is a survey of legal and equitable remedies available in state and federal court after deetrminations of liability have been made in the plaintiff's favor in cases arising out of disputes in contract, tort, property, and crime.  The first half of the class, which is tested on the midterm but not on the final, is devoted, at least at the highest level of generality, to the law of personal injury.  Thus we begin by studying how courts and legislatures regulate the recovery of special and general damages in tort cases, then follow-up by focusing on the peculiar problems that the law of remedies faces in so-called “constitutional tort” cases, where special damages (injuries to income stream) tend to be non-existent, and general damages (injuries to the happiness of the plaintiff) tend to be difficult to articulate.  As adjuncts to the study of personal injury – which entails a study of compensatory (including presumed) and punitive damages – we also consider preventive remedies (injunctive and declaratory) as well as ancillary remedies (attorney's fees and contempt).

 Full course descriptions are available in PDF format on the J.D. Curriculum page.

back to Professor Yeager's home page