6380 Constitutional Law II (3 or 4) Barron, Bracey, Colby, Dienes, Lupu, J. Rosen, P. Smith
Individual rights and liberties in the U.S. constitutional scheme and the different judicial methods of reconciling majoritarian governance with individual freedom. Privileges and immunities of national citizenship, due process of law, equal protection guarantees, freedom of expression and of religion, rights of privacy and association. (Examination or take-home examination at the instructor's discretion)
6381 Intelligence Law (2) Richard
Identification and analysis of current legal questions that face intelligence practitioners. Constitutional, statutory, and executive authorities that govern the intelligence community; intelligence structures of other countries; the natural tension between law enforcement and intelligence activities. U.S. person protections, covert action, FISA, and data mining. The course may include application of intelligence law to hypothetical scenarios and student-generated legislative approaches to intelligence law problems. Recommended: Law 6386 or 6383. (Class presentation and research paper)
6382 The First Amendment (3) Barron
The rights of expression, association, and religious freedom recognized by the First Amendment to the U.S. Constitution. Categories of unprotected expression (e.g., obscenity) and less-protected expression (e.g., commercial speech). Issues of time/place/manner regulation, speech in public fora, regulation of political campaigns. Constitutional burdens and benefits unique to religion. Material includes Supreme Court decisions and secondary literature on these subjects. (Examination)
6383 Counterterrorism Law (2) Maggs, Letter
Analysis of legal mechanisms in the fields of criminal, civil, military, immigration, and administrative law used by the U.S. government to combat domestic and international terrorism. The effectiveness of government actions and alternatives for achieving public safety goals; the effect of such actions on U.S. citizens and citizens of other countries; and the reaction of federal courts and Congress to executive branch actions. (Take-home examination)
6384 Law of Separation of Powers (3) Peterson
An examination of the law that governs the interrelations of the three branches of the federal government. Topics include the constitutional history of our governmental structure, the immunities of members of Congress and of executive officers, impeachment, congressional power over federal jurisdiction, executive orders and the limits of presidential “lawmaking,” presidential and legislative vetoes, executive privilege, executive and congressional oversight of policy through supervision of the bureaucracy, controls on spending including impoundment, limits on presidential discretion to enforce the laws (e.g., special prosecutors), Congress’s and the president’s roles in foreign affairs (executive agreements, claims settlements, treaty powers), and congressional and presidential war powers. Emphasis will be placed on the role of the lawyer as government adviser, a role performed by many attorneys at all levels of government. (Examination)
6385 U.S. Foreign Relations Law (2 or 3) Matheson
The nature and origins of the federal government’s foreign relations powers; cooperation and competition between the executive and legislative branches; the role of the courts in foreign affairs; limitations on state powers touching on foreign affairs; treaties, executive agreements, and customary international law and their relationship to U.S. domestic law; the extraterritorial application of U.S. law; and sovereign and official immunities. (Examination)
6386 National Security Law (2 or 3) Raven-Hansen, Dickinson
U.S. law (and incorporated international law) affecting national security. Among the topics that may be considered are the use of armed force abroad (general war, defensive war and reprisal, peace and stabilization operations); intelligence operations abroad (history, organization and oversight, legal issues in the field); selected issues of counterterrorism; and access to and protection of classified information (classification, FOIA, state secrets privilege, leak control, prior restraints on publication). (Examination)
6387 Voting Rights Law (2) McCrary, Pershing
Cases and materials on the right to vote in the United States. Major decisions on apportionment, political participation, and race as an issue in representation. Emphasis on the Voting Rights Act of 1965, including minority vote dilution litigation under Section 2, federal review of voting procedures under Section 5, and recent constitutional challenges to voting rights remedies. Other topics include partisan gerrymandering, the initiative and referendum processes, alternative election systems, the changing law of redistricting, the impact of shifts in census policy, and the litigation over the 2000 presidential election. (Examination or take-home examination at the instructor's discretion)
6388 Civil Rights Legislation (3)
Examination of federal legislation protecting individual rights and liberties as well as the administrative and judicial implementation of that legislation. Remedial provisions for the enforcement of federal constitutional and statutory rights (e.g., 42 U.S.C. §§1983, 1985) and federal statutes prohibiting discrimination in housing, contractual relations, voting, education, and federally funded programs. Prerequisite: Law 6380 or 6381. (Examination or take-home examination)
6389 Higher Education Law (2)
Examination of legal issues concerning institutions of higher education, including intellectual property, labor relations, privacy, affirmative action, and land use. Governance structures of public and private institutions, and the relationship between the institution and faculty, staff, students, the community, and state and federal government. (Take-home examination)
6390 Employment Discrimination Law (2 or 3) Selmi, F. Morris
Federal laws and executive orders relating to various types of discrimination in employment, including Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Equal Pay Act, the Age Discrimination in Employment Act, the Rehabilitation Act, the Americans with Disabilities Act, the Civil Rights Act of 1866, the Fourteenth Amendment, the National Labor Relations Act, and Executive Orders 11,246 and 11,375 relating to government contractors; substantive rights, exemptions, and burdens of proof under the various laws and regulations. (Examination)
6391 Asian Americans and the Law (2)
How U.S. laws have affected the Asian American experience, and ways in which the Asian American experience has shaped U.S. law. The Chinese Exclusion Act of 1882; the internment of Japanese Americans during World War II; Immigration Act reforms of 1965. Issues of hate crimes, racial profiling, bilingual education, and language rights. (Research paper)
6392 Gender Discrimination and the Law (2) Ridder
An examination of the treatment of women in all areas of the law and legal remedies for sex discrimination. Emphasis on constitutional law, family law, and discrimination in employment. Enrollment limited to 30 students. (Examination or research paper)
6393 Law and Religion (3) Lupu
Primary focus on the Religion Clauses of the First Amendment. Individual and institutional claims of religious liberty, including the constitutional status of legislative or judicial accommodations, exemptions for religiously motivated conduct, and the definition of particular acts and institutions as “religious.” Government funding of religious institutions and activities, including current controversies about aid to faith-based social welfare providers, indirect funding of religious education, and extraterritorial funding of religious institutions (such as moderate Islamic schools). Government expression or endorsement of religious messages, including religious exercises and instruction in public schools, public displays of religious images, and private religious speech on public property. (Examination)
6394 Sexuality and the Law (2 or 3) Schaffner
Examination of the relationship between sexuality and the law, focusing primarily on the treatment of lesbians, gay men, bisexuals, and transgendered persons in the areas of constitutional law, criminal law, and employment law. Topics include how the legal system regulates and affects lesbian, gay, bisexual, and transgender relationships and sexual behaviors; open expressions of lesbian, gay, bisexual, and transgender identity; workplace effects; and issues in public school settings, such as Title IX discrimination, sexual harassment, and free speech. (Examination)
6395 Constitutional Law and the Supreme Court (2) Colby, Turley, Tyler
Analysis of selected cases currently pending before the Supreme Court. Students read briefs and related materials (such as lower court decisions and controlling cases) in cases scheduled for oral argument, discuss the cases in class, vote on how they would decide the cases, and then draft opinions for class circulation and review. Each student will be required to draft two lengthy majority opinions, a concurrence, and a dissent. The course will also focus on how the Supreme Court works both as an institutional and practical matter. (Writing assignments)
6396 Homeland Security Law and Policy (2) Finch, M. Rosen
Legal issues related to homeland security before September 11, 2001, and the adoption of the Homeland Security Act of 2002. Protection of critical infrastructure; information sharing; liability for terrorist attacks; risk insurance; attempts to prevent the use of weapons of mass destruction; threats to electronic infrastructure; and combating the financing of terrorism. (Take-home examination)
6397 Federal Indian Law (2) Alexander
Basic legal principles that govern the relationship between American Indian tribes, the federal government, and the state governments. Focus on jurisdictional disputes between those governments, the source and scope of Indian sovereignty, and recognition and enforcement of Indian land and treaty rights. (Take-home examination or research paper with permission of the instructor)
6398 The Law of Democracy (3) Lupu
Consideration of the law that governs electoral processes. Topics include constitutional and statutory protection of voting rights, the legal status of political parties, the relationship between race and representation, judicial control of legislative apportionment and elections, and regulation of campaign finance. Credit may not be earned for both Law 6398 and either Law 6387 or Law 6419. (Examination)
6399-11 Constitutional Law Seminar (2) B. Clark, Cottrol, Maggs, Powell, J. Rosen, Thomas, Tuttle
Selected topics in constitutional law to be announced at the time of registration. Enrollment is limited. (Research paper)