Civil Rights & Constitutional Law Courses

Constitutional law addresses the scheme of government that the Constitution establishes, the powers that it confers, and the rights that it protects. Civil rights considers the law pertaining to discrimination on the basis of race, gender, age, sexual orientation, national origin, or religion. Please note that some courses are not offered every year.

Constitutional History Courses

3 credits

This seminar will investigate constitutional history, from the years leading to the American Revolution through the early twentieth century, from several different angles, including presidential leadership, legislative mandates, and judicial interpretation. We will also consider popular constitutionalism and how society at large debated and helped to shape constitutional interpretation and development. Topics to be covered will include the constitutional impact of the break with Britain, the Founding of the Republic, Civil War era constitutionalism, the redefinition of American citizenship during Reconstruction, the rise of Jim Crow, constitutional law in the industrial Republic, and changes in the rights of the individual and developments as to federalism during the time period covered in this course. No prior history background is necessary. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing requirement with the approval of the Associate Dean for Academic Affairs. GRADING NOTICE: This class does not offer the CR/NC/H option. OFFERING PATTERN: This class is frequently offered in alternating years. Students are advised to take this into account when planning their long-term schedule. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

Selected topics in 19th- and 20th-century U.S. legal history. We will first explore the role of the legal profession in four public controversies: the authority of English common law after the American Revolution, slavery and racism, women's rights, and organized labor. We will then turn our attention to various methodologies for interpreting legal change: formalism, realism, law and economics, critical legal studies, and feminist jurisprudence. Readings (which will be plentiful) are drawn from primary sources (cases, speeches, and treatises) and secondary literature (articles and books). Students can either write a research paper or complete a take-home examination. Research papers may, but need not, fulfill the Writing Requirement.

SPRG 2019: LAW JD 804 A1 , Jan 22nd to May 2nd 2019
Days Start End Credits Instructors Bldg
Tue,Thu 11:00 am 12:25 pm 3 David J. Seipp

3 credits

This course will investigate the constitutional history of the era of the Civil War and Reconstruction. We will explore legal and constitutional change from several different angles, including presidential leadership, legislative mandates, and judicial interpretation. We will also consider how society at large debated and helped to shape legal developments, paying particular attention to the themes of fluidity, contingency, and participation, and how law, society, and politics mixed during this period to set American legal development on paths that were not predetermined. Topics to be covered will include slavery, secession, Lincoln's constitutionalism, civil liberties and war powers, Lincoln and race, African Americans and the Union, the redefinition of American citizenship during Reconstruction, civil rights during Reconstruction, and the rise of Jim Crow. Prior background in American history is not required. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing requirement with the approval of the Associate Dean for Academic Affairs. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

This workshop-format seminar examines the interplay of law, constitutions, and culture from an historical perspective. The heart of the seminar is student engagement with works-in-progress by leading scholars in the history, theory, and culture of law, broadly understood. The first three class sessions will be devoted to developing the intellectual tools necessary for reading and engaging with such papers. Starting in week 4 of the semester, the class format will alternate between workshop sessions and more traditional seminar sessions. During the five workshop sessions, an invited scholar will present a current scholarly work-in-progress for discussion. Students will read the speaker's paper in advance and prepare discussion questions for the seminar. During the other sessions, the class will meet as a normal seminar, during which we will discuss readings related to the workshop papers and legal history more generally. The written work for the seminar will consist of a series of brief, critical essays in response to a student-selected subset of the workshop papers. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing with this seminar. NOTE: This course is open to law students and to graduate students from other departments. A background in history is not a prerequisite. Graduate students from outside the law school may be able to receive 4 credits for this course. Please consult the professor regarding this option. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

SPRG 2019: LAW JD 846 A1 , Jan 28th to Apr 22nd 2019
Days Start End Credits Instructors Bldg
Mon 4:20 pm 6:20 pm 3 Anna di Robilant

Constitutional Issues in Family Law, Gender & Sexual Orientation Courses

Var credits

McClain: This course offers a survey of family law, including case law, statutory law, and the constitutional limitations on regulation of the family. An aim of the course is to introduce students to family law as a dynamic field of law concerning a basic social institution: the family. Family law is a foundational course relevant to many areas of law practice. Students will gain knowledge about how family law intersects with many other fields of law, such as contracts, constitutional law, conflicts of laws, criminal law, property, tax, torts, and trusts and estates, as well as how family law draws on the social sciences. Students will be introduced to the role of negotiation, mediation, and other forms of dispute resolution in the practice of family law. The course will focus on marriage, nonmarital families, divorce, pathways to becoming a parent, and the parent-child relationship. Topics include defining and regulating marriage; formal and informal marriage; cohabitation and alternatives to marriage (such as domestic partnerships); common law incidents of marriage and transformation of the common law; domestic violence; traditional and "no fault" divorce; property division; spousal support; child support; child custody; and regulating parenthood. There will be a final examination. There will also be one short paper and an in-class skills exercise, which will contribute to the final grade. Silbaugh: This survey course will provide an introduction to the legal regulation of the family. The course will focus on the legal regulation and response to both adult and adult- child relationships. Topics covered will include: cohabitation; marriage; civil union; divorce and dissolution of relationships; the financial consequences of divorce including property division and alimony; premarital agreements; the laws governing non-marital relationships; family mediation; child custody, visitation, and parenting plans; child support; paternity; assisted reproductive technologies; and adoption. The course will also cover the interaction between families and the state in related areas of law including employment law and education law. There will be a final examination as well as in-class drafting and negotiation exercises. GRADING NOTICE: Silbaugh section does not offer the CR/NC/H option.

FALL 2018: LAW JD 814 A1 , Sep 4th to Dec 6th 2018
Days Start End Credits Instructors Bldg
Tue,Thu 2:10 pm 4:10 pm Var Linda C. McClain
SPRG 2019: LAW JD 814 S1 , Jan 22nd to May 2nd 2019
Days Start End Credits Instructors Bldg
Thu 11:00 am 12:30 pm Var Katharine B. Silbaugh
Fri 10:30 am 11:50 am Var Katharine B. Silbaugh

3 credits

This seminar examines the evolution of feminist jurisprudence (also called feminist legal theory) and its critique of the U.S. legal system and its norms. It takes up various debates within feminist jurisprudence and examines its application to many contemporary issues of law and public policy. The seminar provides an introduction to the various "generations" of feminist legal theory, as well as its relationship to other forms of legal theory. Students will learn about prominent strands of feminist legal theory, including liberal (or sameness), relational (or difference), radical (or dominance), Critical Race (or intersectional) and anti-essentialist, postmodern, and "Third Wave" feminism. We will consider the relationship between feminist jurisprudence and other forms of critical theory, such as Critical Race Theory, Queer Theory, and masculinities theory. The seminar will assess debates within feminist jurisprudence concerning how best to understand gender, the ideals of sex equality and equal citizenship, questions of sameness and difference between women and men, and over whether, in view of differences among women based on class, ethnicity, race, and sexual orientation and in view of other critiques of identity categories, it is desirable or possible to speak about "women" -- or "men" -- as meaningful categories. Topics covered vary, depending on student interest, but will likely include some of the following: legal regulation of sexuality, marriage, reproduction, and family; work/life conflict; employment discrimination (including sexual harassment); political leadership and representation; pornography; poverty and social welfare policy; violence against women; war and military service; international human rights; and the debate over multiculturalism and its impact on sex equality. Students may write a research paper or three shorter papers. Either of these writing options may satisfy the Upper-class Writing requirement. OFFERING PATTERN: This class is not offered every year. Students are advised to take this into account when planning their long-term schedule. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

This seminar provides students a chance to study contemporary issues of gender, law, and policy through the format of a series of presentations of works-in-progress by legal scholars actively engaged in new and important research on such issues. Many legal and social problems implicate gender and gender equality. Gender remains a significant category of analysis in numerous substantive areas of law. Gender equality is also a commitment of domestic law and international human rights law, but gender inequality persists. At the same time, some scholars question the continuing use of gender and other identity categories. We examine cutting-edge issues about gender, law, and policy through a series of seven presentations in which prominent scholars with expertise in the area of gender, law, and public policy present scholarly works-in-progress for discussion with the instructor and students. In alternating weeks, when there is no outside speaker, the instructor and students will discuss the paper that is to be delivered the following week, as well as relevant background reading. Topics vary from year to year, depending on the speakers, but in the past have included: anti-discrimination law, criminal law, corporate board diversity, elder law, employment law, family law, First Amendment (speech and religion), gender identity issues (including transgender rights), health law controversies, international human rights, the intersection of race and gender, masculinity studies, privacy law, reproductive rights, theories of sex difference, and tort law. Students will write a short reflection paper on each scholarly paper and one longer paper (10-12 pages) about one of the seven works. Interested faculty are invited to attend sessions when speakers present their work. NOTES: This class does not satisfy the upper-class writing requirement. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

FALL 2018: LAW JD 966 A1 , Sep 10th to Dec 10th 2018
Days Start End Credits Instructors Bldg
Mon 4:20 pm 6:20 pm 3 Linda C. McClain

3 credits

This seminar provides a detailed examination of gender-motivated violence and legal responses. Recently, there has been greater recognition of gender-based injuries within the law and the provision of new, important protections to survivors. However, despite considerable progress, gender-based violence continues to present theoretical and practical questions, such as: To what extent is gender-based violence different than other types of violence? What legal approaches are most effective to address the harms while recognizing that the diverse interests of survivors? How do societal norms related to gender-based violence impact legal remedies? How should courts balance the interests of other parties in such proceedings to ensure that constitutional rights remain intact? This seminar will involve students in a close scrutiny of gender-based violence, including sexual assault, intimate partner violence, and sex trafficking, from legal, theoretical, and sociological perspectives. It will explore the limits of the law in addressing gender-based violence and emerging non-traditional approaches, including problem-solving courts and restorative justice frameworks. It also will examine how the emergence of the #MeToo movement may influence legal responses to gender-based violence. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing requirement with this seminar. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

SPRG 2019: LAW JD 798 A1 , Jan 22nd to May 2nd 2019
Days Start End Credits Instructors Bldg
Thu 2:10 pm 4:10 pm 3 Julie A. Dahlstrom

3 credits

This seminar will consider the legal treatment of lesbian, gay, bisexual and transgendered citizens. In particular, the seminar will cover evolving family structures, privacy rights, the military, employment discrimination, and the tension between protecting the rights of victims of discrimination and those who discriminate. Students will write a research paper or an appellate brief and will prepare an oral presentation. Students may satisfy the upperclass writing requirement with their paper. OFFERING PATTERN: This class will not be offered in 2017/2018. Students are advised to take this into account when planning their long-term schedule. ** A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the seminar. Students who wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

This seminar will explore issues relating to race, gender, sexuality, and crime. How does the historical context of race and gender relations in this country impact what we criminalize, or how we enforce the law? Can thinking about race and crime help us think about gender and crime, and sexuality and crime? Are these even appropriate considerations in a "post-racial" and "sex-equal" society? To answer these and other questions, this seminar will examine various criminal law and criminal procedure issues - from racial profiling to prosecutorial discretion, from domestic violence to rape, from hate crimes to gay and trans "panic" defenses, from mass incarceration to capital punishment as well as race-based and gender-based critiques of these issues. The goal of the seminar is two-fold. One, to provide students a deeper understanding of criminal law and criminal procedure issues, putting such issues in historical context. Two, to provide students an opportunity to challenge - critically and collegially - ingrained and sometimes invalid assumptions about race, gender, sexuality, and crime. NOTE: This seminar does not satisfy the Upperclass Writing Requirement. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

This seminar explores Reproductive Justice ("RJ") as a paradigm for understanding reproductive oppression -- that is, the subordination of individuals through their bodies, sexualities, and abilities to reproduce. The RJ paradigm picks up where a reproductive rights framework ends. It contends that the fight for equality and dignity in matters relating to reproduction continues beyond a successful argument that the Constitution ought to protect a "right" to privacy, "right" to access contraception, or "right" to an abortion. An RJ framework observes that "rights" are given meaning -- and lose meaning -- according to the race, class, age, sexual orientation, gender identity, immigration status, and physical and mental ability (among other attributes) of the rights bearer. As such, RJ analyzes reproductive experiences within a complex context and with respect to the multiple statuses of the persons involved. ENROLLMENT LIMIT: 15 students GRADING NOTICE: This course does not offer the CR/NC/H option. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

FALL 2018: LAW JD 775 A1 , Sep 4th to Dec 11th 2018
Days Start End Credits Instructors Bldg
Tue 4:20 pm 6:20 pm 3 Khiara M. Bridges

Constitutional Theory Courses

3 credits

In this seminar, we will examine constitutional questions concerning (1) the acquisition and loss of citizenship status, and (2) the privilege or right of entry into the United States. Specific topics will include birthright citizenship, derivative citizenship, immigration, naturalization, expatriation, denationalization, denaturalization, and citizenship in the United States territories. Throughout, we will consider the extent to which constitutional guarantees of equal protection and due process apply in the fields of citizenship and immigration law. For example, is racial profiling permissible in the administration of our immigration laws? We will also examine how structural constitutional principles -- federalism and separation of powers -- shape American citizenship and immigration law. For example, did President Obama have the authority to issue the "Deferred Action for Childhood Arrivals" Executive Order, or does the Constitution require congressional approval for such policies? What role may state (as opposed to federal) officials play in the enforcement of our immigration laws? Although our readings will primarily focus citizenship and immigration in the United States, we will also draw on comparative and international law materials. Options for satisfying the writing requirement include one longer paper or three medium-length papers. A limited number of students may be permitted to satisfy the upper-class writing requirement. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

SPRG 2019: LAW JD 714 A1 , Jan 22nd to May 2nd 2019
Days Start End Credits Instructors Bldg
Thu 4:20 pm 6:20 pm 3 Kristin Collins

3 credits

This course will focus on several currently pressing U.S. constitutional topics and issues. We'll begin with two more general doctrinal areas -- standing and "political question" doctrine -- that underlie our current issues. Among the more particular issues we're likely then to consider are: (1) standards for executive privilege; (2) ongoing court challenges to President Trump's continuing business interests under the Constitution's Emoluments Clauses; (3) various issues related to presidential impeachment, both in general and as applied to President Trump; (4) the question whether a sitting President may be indicted for a crime, both in general and as applied to President Trump; (5) recent constitutional challenges to North Carolina's and Texas's packages of election-law reforms (including Voter ID); and (6) the Supreme Court's opinions, expected by June 2018, in two challenges to partisan gerrymandering (Wisconsin and Maryland). GRADING NOTICE: This class will not offer the CR/NC/H option.

FALL 2018: LAW JD 782 A1 , Sep 5th to Dec 5th 2018
Days Start End Credits Instructors Bldg
Mon,Wed 11:00 am 12:25 pm 3 Hugh W. Baxter

3 credits

The Fourteenth Amendment provides that, among other things, no State shall "deprive any person of life, liberty, or property, without due process of law ... nor deny to any person within its jurisdiction the equal protection of the laws." This course will explore the meaning that the U.S. Supreme Court has given to these relatively innocuous words. Specifically, the first half of the course will be an examination of the birth, death, reincarnation, and continued life of substantive due process. The second half of the course will be an examination of the Court's equal protection jurisprudence. Canonical cases examined during the semester include The Slaughterhouse Cases, Lochner v. New York, Plessy v. Ferguson, Brown v. Board, Roe v. Wade, Planned Parenthood v. Casey, Whole Woman's Health v. Hellerstedt, Lawrence v. Texas, Grutter v. Bollinger, and Obergefell v. Hodges. OFFERING PATTERN: This class is not offered every year. Students are advised to take this into account when planning their long-term schedule. GRADING NOTICE: This class will not offer the CR/NC/H option.

FALL 2018: LAW JD 916 A1 , Sep 4th to Dec 11th 2018
Days Start End Credits Instructors Bldg
Tue,Thu 2:30 pm 3:55 pm 3 Khiara M. Bridges

3 credits

This seminar will examine how the constitution is implicated in U.S. foreign affairs. We shall begin by reviewing the main theories of foreign affairs: idealism, realism, multilateralism, bilateralism and more. Then and throughout the seminar we shall attempt to understand how these theories are manifested in American constitutional law. We shall ask how the structure and substance of the constitution of the United States affect the national decision making process concerning foreign policy. We shall address matters of international business, war and peace, federalism, human rights, freedom of expression and more. The respective powers of the executive and legislative branches, the power of the senate vs. the president and the Senate vs. the House of Representatives will be examined. We shall emphasize judicial opinions, but also look at other materials. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.**

3 credits

The seminar examines why law might give authors limited rights to control uses that other people make of their work, and how such rights can or should be cabined by the public's right of free speech. We will examine how IP policy arguments are structured, focusing on Locke's theory of property and economic explanations of law. The seminar will also analyze how both "rights theory" and constitutional law doctrine treat collisions between private property rights and public civil rights. Assignments will include several short papers, as well as oral and written exercises. A limited number of third-year students may satisfy the Upper-class Writing Requirement. Second-year students wishing to write cert papers may be given the option of doing an independent study in the Spring term. No prerequisites are necessary, but you will enjoy the course most if you have taken copyright, trademark, or the intellectual property survey. ** A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the seminar. Students who waitlist for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

This seminar explores the utility of Critical Race Theory to the study of law. Specifically, this seminar analyzes the centrality of the law in constructing and maintaining -- as well as dismantling -- racism, racial inequalities, and race itself. The latter part of the seminar will consist of a sustained analysis of Critical Race Theory as it speaks to issues of gender and reproduction. Students will write a research paper; with the permission of the instructor, this paper may satisfy the upper-class writing requirement. GRADING NOTICE: This class will not offer the CR/NC/H option. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

SPRG 2019: LAW JD 731 A1 , Jan 16th to Apr 24th 2019
Days Start End Credits Instructors Bldg
Wed 8:30 am 10:30 am 3 Ronald E. Wheeler

3 credits

This seminar will explore the history, origins, and principal theories of democratic government and the role and meaning of the rule of law within democratic polities. We will scrutinize conflicting conceptions of democracy, threats to the emergence and survival of democracy, value tradeoffs within democracies, and the meaning of the rule of law within a democratic framework. Topics may include social contract theory; (U.S.) constitutional, parliamentary, and other forms of democracy; the economic, social, and cultural prerequisites for democracy; the role of social norms, ideology, and civic virtue; conceptions of the rule of law and individual rights within the framework of majoritarian government; the influence of disparate power and wealth; contemporary challenges, and the future of democracy. Current events will be woven into the curriculum and class discussion. NOTE: A limited number of students will be permitted to satisfy the upper-class writing requirement with this seminar. GRADING NOTICE: This class will not offer the CR/NC/H option. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

SPRG 2019: LAW JD 848 A1 , Jan 28th to Apr 22nd 2019
Days Start End Credits Instructors Bldg
Tue 10:40 am 12:40 pm 3 Robert D. Sloane

3 credits

This seminar will examine some classic issues of jurisprudence as they arise in contemporary controversies over law and morality. Topics will include the following: * The legal enforcement of morals. In Lawrence v. Texas, which recognized a right of gays and lesbians to intimate association, Justice Scalia protested in dissent that the case "effectively decrees the end of all morals legislation." Is Scalia right that there is really no distinction between homosexual intimate association and, to quote Scalia's list, "fornication, bigamy, adultery, adult incest, bestiality, and obscenity"? What are the proper limits on moral disapproval as a justification for traditional "morals legislation"? * Government's role in promoting public values: conflicts between liberty and equality. To what extent may government inculcate civic virtues and promote public values? We will focus on conflicts between personal liberty (including religious liberty) and the use of antidiscrimination law to secure the status of equal citizenship for gays and lesbians. For example, should laws recognizing same-sex marriage grant religious exemptions to town clerks and business people who morally disapprove of such marriage? * Grounds for justifying rights: protecting freedom to choose versus promoting moral goods. What are the best grounds for justifying rights in circumstances of moral disagreement? For example, should we justify a right to same-sex marriage on the ground that government should respect people's freedom to choose whom to marry? Or instead on the ground that protecting such a right promotes moral goods (the same moral goods that opposite-sex marriage furthers): commitment, intimacy, fidelity, and the like. * Rights, responsibilities, and regulation. To what extent does the protection of rights preclude governmental encouragement of responsible exercise of rights or regulation to protect others from harm? We will examine such issues in the context of reproductive freedom and the individual right to bear arms. * Originalisms versus moral readings of the Constitution. To what extent does constitutional interpretation involve determining the original meaning of the Constitution as a matter of historical fact (originalisms) versus making moral and philosophic judgments about the best understanding of our constitutional commitments (moral readings)? We will explore the emergence of "new originalisms" that aim to justify certain controversial rights that conventional originalists like Justice Scalia have rejected. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

SPRG 2019: LAW JD 835 A1 , Jan 17th to Apr 18th 2019
Days Start End Credits Instructors Bldg
Thu 2:10 pm 4:10 pm 3 James E. Fleming

3 credits

This seminar explores Reproductive Justice ("RJ") as a paradigm for understanding reproductive oppression -- that is, the subordination of individuals through their bodies, sexualities, and abilities to reproduce. The RJ paradigm picks up where a reproductive rights framework ends. It contends that the fight for equality and dignity in matters relating to reproduction continues beyond a successful argument that the Constitution ought to protect a "right" to privacy, "right" to access contraception, or "right" to an abortion. An RJ framework observes that "rights" are given meaning -- and lose meaning -- according to the race, class, age, sexual orientation, gender identity, immigration status, and physical and mental ability (among other attributes) of the rights bearer. As such, RJ analyzes reproductive experiences within a complex context and with respect to the multiple statuses of the persons involved. ENROLLMENT LIMIT: 15 students GRADING NOTICE: This course does not offer the CR/NC/H option. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

FALL 2018: LAW JD 775 A1 , Sep 4th to Dec 11th 2018
Days Start End Credits Instructors Bldg
Tue 4:20 pm 6:20 pm 3 Khiara M. Bridges

3 credits

This seminar examines the oppressive role of race and ethnicity in American society from the early colonial period to the present, resistance to that oppression, and the moral case for both resistance and reparations. It will focus mainly on the experiences of Native Americans, African Americans, Asian Americans, and Latino Americans. Each seminar session will begin with a presentation by a seminar member; a schedule will be developed after the first seminar meeting. All readings will be available on our Blackboard website and will include the instructor's "Color Line" manuscript, relevant cases and statutes, and materials from secondary sources. Grades will be based primarily on the term paper, on an approved topic, which is written after comments have been received on a polished draft; class participation will also be considered. OBJECTIVES: Students are expected to become familiar with the history of racial and ethnic stratification in the United States as well as of resistance to it, enabled to pursue that history on their own, and capable of appraising relevant scholarship and public policies. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing requirement with this class, based on a post-semester expansion of the term paper. LAW ENROLLMENT LIMIT: 10 students. (This seminar is also open to graduate students in Philosophy.) ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

FALL 2018: LAW JD 878 A1 , Sep 5th to Dec 5th 2018
Days Start End Credits Instructors Bldg
Wed 2:10 pm 4:10 pm 3 David B. Lyons

Criminal Constitutional Law Courses

4 credits

This course examines basic issues in criminal procedure that cut across the investigative and adjudicative stages. We will consider how the Constitution shapes the criminal justice system in the courtroom in areas such as the concepts of the presumption of innocence and proof beyond a reasonable doubt, the right to counsel, grand jury requests for the production of evidence, plea bargaining and the application of the Exclusionary Rule seeking to suppress evidence the police obtained in violation of the Constitution. We will also study the limits the Constitution places on the power of the police in the areas of interrogation, searches, seizures of property and stop and arrest, paying particular attention to the issue of racial profiling. RESTRICTION: Students may not enroll in this section and Criminal Procedure (JD821) or Criminal Procedure: Adjudicatory (JD820).

FALL 2018: LAW JD 819 A1 , Sep 5th to Dec 12th 2018
Days Start End Credits Instructors Bldg
Mon,Wed 2:10 pm 4:10 pm 4 David Rossman

4 credits

This course covers search and seizure, the privilege against self-incrimination, confessions and the rights to counsel during custodial police interrogation. In general the course will examine the constitutional law in cases arising out of the conflict between police practices and the Bill of Rights. GRADING NOTICE: This class will not offer the CR/NC/H option. RESTRICTION: Students may not enroll in this section and Criminal Procedure (JD819).

FALL 2018: LAW JD 821 A1 , Sep 4th to Dec 6th 2018
Days Start End Credits Instructors Bldg
Tue,Thu 9:15 am 10:30 am 4 Tracey Maclin
Fri 9:00 am 10:15 am 4 Tracey Maclin

3 credits

This seminar explores federal court jurisdiction to entertain petitions for the writ of habeas corpus. Some attention will be given to habeas corpus as a means of challenging actions taken by the Federal Government in connection with national security and immigration. More attention will be given to habeas as the means by which state and federal prisoners attack criminal convictions and death sentences. The seminar should be of interest to students interested in the institutional role of federal courts in the United States, the relationship between federal courts and state courts, and the procedural mechanisms for adjudicating federal constitutional issues in criminal cases. Students who plan to practice criminal law, to handle capital litigation, or to clerk for federal judges will find the seminar especially valuable. ** A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the seminar. Students who wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

This course will focus on criminal procedure and criminal law cases that are currently on the docket of the Supreme Court. Each week, the class will read a substantial amount of materials in preparation for one case, including its lower court opinion, the briefs from each party, two sets of amicus briefs, and a Supreme Court opinion drafted by a member of the class. Students will also be expected to read the most significant Supreme Court precedents involving each case. Prior to each class session, each student will be responsible for writing a 3-5 page memo critiquing the readings of the week. Students will also be responsible for drafting one 20-25 page Supreme Court opinion to be distributed to and discussed by the class. Criminal Procedure is not a prerequisite for this course. GRADING NOTICE: This course does not offer the CR/NC/H option. ** A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the seminar. Students who wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

SPRG 2019: LAW JD 903 A1 , Jan 17th to Apr 18th 2019
Days Start End Credits Instructors Bldg
Wed 4:20 pm 6:20 pm 3 Tracey Maclin

3 credits

The past two decades have witnessed an unprecedented surge in the freeing from our nations jails and prisons of innocent people who were wrongfully convicted. Many have served lengthy sentences and some have spent years on death row awaiting execution for crimes they did not commit. This course will examine the broad range of factors that contribute to the wrongful conviction of the innocent and, in doing so, will shed light on broader questions about the functioning of the US criminal justice system, including the wrongful criminalization of persons and communities. We will explore the role played by faulty eyewitness-identification procedures; coercive and deceptive police interrogation procedures; the mishandling of confidential informants, cooperating witnesses, and jailhouse snitches; junk science, disorganized crime labs, and incompetent and corrupt experts; police and prosecutorial failures to preserve & disclose exculpatory evidence; and incompetent defense counsel and underfunded criminal-defense-delivery systems. We will also examine the role of racial and ethnic bias, profiling, and tunnel vision. We will look at the use of postconviction procedures such as appeals, new-trial motions, and habeas corpus petitions, to free the wrongfully convicted. Finally, we will explore some of the reforms that have been proposed and some of the critiques of the innocence movement, with its reliance on DNA technologies, and its narrow focus on the "wrong-man" notion of the "factually innocent." Films, case studies, and guest speakers will help ground our discussion in concrete examples. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing requirement with the approval of the Associate Dean for Academic Affairs. ENROLLMENT LIMIT: 15 students. OFFERING PATTERN: This class is frequently offered in alternating years. Students are advised to take this into account when planning their long-term schedule. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

SPRG 2019: LAW JD 837 A1 , Jan 15th to Apr 23rd 2019
Days Start End Credits Instructors Bldg
Tue 6:30 pm 9:30 pm 3 Radha NatarajanStaff

Related Courses

3 credits

Administrative Law II is designed for students who have had the first year required course in Administrative Law, or its equivalent. In addition to some review of Administrative Law basics, this course will go into depth on subjects not covered in the first year course including the availability of judicial review (standing, ripeness, mootness and reviewability), adjudication, freedom of information, open meetings requirements, pre-emption of state law, licensing and ratemaking procedure and government liability under the Federal Tort Claims Act. There will also be in depth coverage of some issues covered in the first year course such as statutory interpretation methodology in the administrative state, the place of administrative agencies in the government and standards of judicial review including Chevron and its alternatives. PREREQUISITE: Administrative Law.

FALL 2018: LAW JD 863 A1 , Sep 5th to Dec 5th 2018
Days Start End Credits Instructors Bldg
Tue,Thu 10:45 am 12:10 pm 3 Jack M. Beermann

3 credits

This seminar surveys the evolution of federal law as it relates to people with disabilities. We will cover disability discrimination in the areas of employment, education (elementary and secondary), government services, public accommodations run by private entities, and housing. In exploring these areas we will examine relevant case law and statutes (i.e. the ADA and its amendments, the Rehabilitation Act of 1973, the IDEA, and the Fair Housing Act) and their implementing regulations and guidance. In addition to studying legal authorities, we will engage in practical classroom exercises and hear from attorneys practicing in disability law-related settings. Readings will be assigned from Colker & Grossman, The Law of Disability Discrimination (8th ed. 2013); Colker & Grossman, The Law of Disability Discrimination Handbook: Statutes and Regulatory Guidance (8th ed. 2013)(also available online), and supplemental material. Grades will be based on class participation and a final paper. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing requirement with the approval of the Associate Dean for Academic Affairs. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

FALL 2018: LAW JD 749 A1 , Sep 6th to Dec 6th 2018
Days Start End Credits Instructors Bldg
Thu 4:20 pm 6:20 pm 3 Robyn Powell

3 credits

Comprehensive coverage of federal and state statutory anti-discrimination and accommodation laws governing employment. Federal statutes treated include Title VII of the 1964 Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Family Medical Leave Act, the Equal Pay Act, and section 1981. Constitutional equal protection law also will be treated where applicable. Topics include disparate treatment, disparate impact, systemic disparate treatment, harassment, retaliation, remedies, including affirmative action, and procedural choices. This course does not substantially overlap either Employment Law or Labor Law and can be taken in addition to those courses.

SPRG 2019: LAW JD 853 A1 , Jan 15th to Apr 23rd 2019
Days Start End Credits Instructors Bldg
Mon,Wed 2:30 pm 3:55 pm 3 Michael C. Harper

3 credits

This course focuses on the statutory, constitutional, and judge-made doctrines that shape and restrict the powers of federal courts. In particular, it examines the relationships between the federal courts and the other branches of the federal government, as well as the relationship between the federal and state courts. Selected topics include standing and justiciability, congressional control of the federal courts' powers (such as the extent to which "enemy combatants" may be excluded from federal court), federal question jurisdiction, and state sovereign immunity from suit in federal and state courts. This course builds extensively on topics covered in Constitutional Law and Civil Procedure. It is strongly recommended for students who plan on clerking (especially for a federal judge) or who expect to represent clients in federal court or in civil actions against government actors.

SPRG 2019: LAW JD 847 A1 , Jan 22nd to May 2nd 2019
Days Start End Credits Instructors Bldg
Mon,Wed 10:45 am 12:10 pm 3 Kristin Collins

3 credits

This course will examine the free speech, free exercise and establishment clauses of the First Amendment. About two-thirds of the course will focus on speech, including such topics as political speech (including campaign finance regulation), commercial speech, and expression in the public forum. The final one-third of the course will focus on religion, including such topics as freedom of religious practice, religion in schools, and religious displays and symbols.

SPRG 2019: LAW JD 839 A1 , Jan 16th to Apr 24th 2019
Days Start End Credits Instructors Bldg
Mon,Wed 2:30 pm 3:55 pm 3 Jay D. Wexler

3 credits

This seminar will examine how globalization is reshaping U.S. constitutional law. Broad powers relating to U.S. foreign relations were historically allocated to the President. A functional imperative of traditional diplomacy and interstate conflict, this constitutional centralization justified anomalous doctrines of foreign relations relating to separation of powers, federalism, and individual rights. Globalization has enabled actors other than the President -- including Congress, the judiciary, the federal bureaucracy, state and local governments, corporations, and individuals -- to assume enlarged roles on the world stage. Globalization has also magnified the salience of international law and international institutions to U.S. constitutional law. This course will chart and interrogate this shift in various contexts -- including climate change, human rights, trade, and immigration -- in which constitutional law and norms are adapting to changed global realities. GRADING NOTICE: This course does not offer the CR/NC/H option. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

FALL 2018: LAW JD 696 A1 , Sep 5th to Dec 12th 2018
Days Start End Credits Instructors Bldg
Wed 4:20 pm 6:20 pm 3 Peter Spiro

3 credits

This seminar explores judicial decision making in the trial and appellate courts on which the judge has served. Drawing on his decisions and other related readings, the class will consider each week the challenges posed by different types of judicial decisions. This approach will allow the class to evaluate and discuss many facets of judicial decision making, including but not limited to the following: * Differences between trial and appellate court decisions * The interactions between trial and appellate court decisions * Why certain issues are particularly difficult for judges * What is explainable and unexplainable about judicial decision making * How judicial philosophy and judicial process affect decision making * What works and does not work in judicial decisions, and * The rationale for concurrences and dissents Through the studies of these and similar issues, the students will hopefully become more informed critics of judicial decision making and more effective advocates in court. NOTES: This seminar does not satisfy the Upper-class Writing Requirement. GRADING NOTICE: This course does not offer the CR/NC/H option. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

This seminar will examine the burgeoning field of law surrounding the use, sale, and production of cannabis. Possible topics include federal versus state power to regulate cannabis, the substantive criminal laws regarding cannabis, and a variety of other issues such as banking, tax, and environmental laws that impact the cannabis industry in the United States. GRADING NOTICE: This class does not offer the CR/NC/H option. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

SPRG 2019: LAW JD 969 A1 , Jan 17th to Apr 18th 2019
Days Start End Credits Instructors Bldg
Thu 2:10 pm 4:10 pm 3 Jay D. Wexler

3 credits

This class will look in depth at the intersection of law and religion in the United States, focusing primarily on the Free Exercise and Establishment Clauses of the First Amendment. Attention will also be given to statutes that protect religious freedom and prohibit employment discrimination on the basis of religion.

3 credits

Does law continue to operate in times of war? This seminar will examine the knotty legal questions underlying current wartime debates, with a primary focus on modern conflicts facing the United States in the post-9/11 era. A complex architecture of international and domestic law governs states and state actors during wartime. Evolving threats, new technologies, and domestic politics have tested these legal frameworks, and the domestic and international laws of war continue to adapt to challenges to their relevance and viability. Topics for discussion may include, among others: Guantanamo detention, targeted killing and drones, interrogation and torture, humanitarian intervention in conflicts like those in Libya and Syria, and the scope of the U.S. President's constitutional and statutory authority to wage war. NOTE: This class does not satisfy the upper-class writing requirement. RECOMMENDED COURSES: International Law. GRADING NOTICE: This class does not offer the CR/NC/H option. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

FALL 2018: LAW JD 797 A1 , Sep 5th to Dec 5th 2018
Days Start End Credits Instructors Bldg
Wed 4:20 pm 6:20 pm 3 Rebecca Ingber

3 credits

Military law was traditionally viewed as a specialized code of justice reserved for members of the armed forces; this view if clearly outdated. While our starting point will be the history and current state of military law in the United States (especially the Uniform Code of Military Justice) we will look much further beyond -- into the role of the military among security agencies, post 9-11; the legal implication of extra-territorial military operations, with the challenge of the International Criminal Court; what it means to serve in the military -- recruitment, diversity, codes of conduct and sexual misconduct; private and speech, veterans affairs issues (including PTSD and homelessness) etc. While the seminar looks primarily at current U.S. law, I will seek to incorporate comparative, historical, economic and sociological insights. NOTE: This seminar does not satisfy the Upper-class Writing Requirement. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

FALL 2018: LAW JD 695 A1 , Sep 5th to Dec 12th 2018
Days Start End Credits Instructors Bldg
Wed 10:40 am 12:40 pm 3 Guy Seidman

10 credits

This CLASS IS RESTRICTED to students who have received permission from the Clinical and Experiential Programs Office to enroll. Through the Pro Bono Scholars Program, students spend their spring 3L semester working full-time for credit at a government agency or non-profit providing direct legal services to indigent clients. Participating students sit for the February New York bar exam, and begin their fieldwork the week after. Students passing the bar exam and completing other NY bar and BU Law graduation requirements are admitted to the NY bar in late-June. NOTE: Students who enroll in this program may count the credits toward the 6 credit Experiential Learning requirement. COREQUISITE: Pro Bono Scholars Program: Paper (JD 744).

SPRG 2019: LAW JD 743 A1 , Mar 4th to May 24th 2019
Days Start End Credits Instructors Bldg
ARR TBD TBD 10

2 credits

This CLASS IS RESTRICTED to students who have received permission from the Clinical and Experiential Programs Office to enroll. This is the companion academic component for students enrolled in the Pro Bono Scholars Program: Fieldwork course. Students work with a faculty supervisor in designing their own reading list, writing a 15-20 page research paper, and submitting seven 4-6 page bi-weekly journals. COREQUISITE: Pro Bono Scholars Program: Fieldwork (JD 743).

SPRG 2019: LAW JD 744 A1 , Mar 4th to May 24th 2019
Days Start End Credits Instructors Bldg
ARR TBD TBD 2

3 credits

Public interest legal practice takes many forms. It can involve government agencies, non-profit organizations, private law firms doing pro bono work, public defender's office, labor unions, and inter-governmental organizations, among others. It can take the form of litigation, transactional work, policy-related work, or legislative advocacy. Also, attorneys adopt varied models of public interest lawyering, including approaches known as community lawyering, cause lawyering, and movement lawyering. This seminar engages through readings, guest speakers, and class discussion to examine the various approaches to public interest lawyering. Students will explore how to define the "public interest" and learn different models for public interest lawyering. Students also will gain familiarity with the different substantive areas of public interest law, organizational settings for public interest practice, and modes of public interest advocacy. Many class sessions will include a guest faculty member or a guest attorney who will present a sample of their public interest work in connection with class themes. There will also be time dedicated to discussing speaker presentations. Students will be required to submit short reaction papers to the readings and presentations and perform an in-class oral presentation based on class themes. NOTE: This class does not satisfy the upper-class writing requirement. GRADING NOTICE: This class does not offer the CR/NC/H option. ** A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the seminar. Students who wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

FALL 2018: LAW JD 875 A1 , Sep 6th to Dec 6th 2018
Days Start End Credits Instructors Bldg
Thu 4:20 pm 6:20 pm 3 Julie A. DahlstromCarolyn G. Goodwin

3 credits

This seminar will explore issues relating to race, gender, sexuality, and crime. How does the historical context of race and gender relations in this country impact what we criminalize, or how we enforce the law? Can thinking about race and crime help us think about gender and crime, and sexuality and crime? Are these even appropriate considerations in a "post-racial" and "sex-equal" society? To answer these and other questions, this seminar will examine various criminal law and criminal procedure issues - from racial profiling to prosecutorial discretion, from domestic violence to rape, from hate crimes to gay and trans "panic" defenses, from mass incarceration to capital punishment as well as race-based and gender-based critiques of these issues. The goal of the seminar is two-fold. One, to provide students a deeper understanding of criminal law and criminal procedure issues, putting such issues in historical context. Two, to provide students an opportunity to challenge - critically and collegially - ingrained and sometimes invalid assumptions about race, gender, sexuality, and crime. NOTE: This seminar does not satisfy the Upperclass Writing Requirement. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

The course explores the principal remedies available through civil litigation, including compensatory damages, injunctions, declaratory judgments, restitution, and punitive damages, along with remedial defenses. It covers both private-law and public-law remedies. The course examines general principles about the law of remedies that cut across substantive fields and that will be useful to a student or lawyer encountering a remedies problem in any context. It also takes up debates concerning whether law and economics or corrective justice provides a better account of the aims and underlying principles of the law of remedies. The course will be of considerable practical value to anyone interested in civil litigation.

3 credits

This seminar explores Reproductive Justice ("RJ") as a paradigm for understanding reproductive oppression -- that is, the subordination of individuals through their bodies, sexualities, and abilities to reproduce. The RJ paradigm picks up where a reproductive rights framework ends. It contends that the fight for equality and dignity in matters relating to reproduction continues beyond a successful argument that the Constitution ought to protect a "right" to privacy, "right" to access contraception, or "right" to an abortion. An RJ framework observes that "rights" are given meaning -- and lose meaning -- according to the race, class, age, sexual orientation, gender identity, immigration status, and physical and mental ability (among other attributes) of the rights bearer. As such, RJ analyzes reproductive experiences within a complex context and with respect to the multiple statuses of the persons involved. ENROLLMENT LIMIT: 15 students GRADING NOTICE: This course does not offer the CR/NC/H option. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

FALL 2018: LAW JD 775 A1 , Sep 4th to Dec 11th 2018
Days Start End Credits Instructors Bldg
Tue 4:20 pm 6:20 pm 3 Khiara M. Bridges