Emergency Lawyering and Executive Power

This course will explore lawyering during times of crisis. Taught by City Hall's top lawyers, the course will draw on their experience providing counsel to senior policymakers. It will explore the role of law and lawyers in government responses to emergencies, from guiding executive action to protecting individual rights. Guest speakers will include lawyers and final decision makers responsible for steering NYC through the COVID-19 pandemic. The course will begin by exploring the theoretical foundation for emergency powers in law and government - focusing on the delicate balance between efficient, effective emergency response and preservation of freedoms and constitutional norms. From this theoretical understanding of emergency law, the course will then dive into the practical aspects of lawyering during an actual emergency. Hollywood relishes portraying Gotham as the site of apocalypses, monster attacks, and various disasters. This course will explore what happens when Hollywood becomes reality, focusing on the government response to the COVID-19 pandemic in NYC, as told by the lawyers at the center of it all. From shutting down the City that never sleeps to reawakening and revitalizing Gotham in a post-pandemic world, topics to be covered include emergency food delivery, curfew, school closing, vaccine distribution, and power sharing between NYC, Albany, and D.C. Grading and method of evaluation: letter grade, midterm, and final paper. Paper can be used to satisfy Additional ULWR.