Constitutional Law & Civil Rights

6380   Constitutional Law II (3 or 4)   Bracey, Cheh, Colby, Ross

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)

6382   The First Amendment (3)   Nunziato

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, and regulation of political campaigns. Constitutional burdens and benefits unique to religion. Material includes Supreme Court decisions and secondary literature on these subjects. (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)

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 6878. (Examination or take-home examination)

6389   Higher Education Law (2)   Barber

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 federally funded programs. Prerequisite: Law 6380 or 6381. (Examination or take-home examination)

6390   Employment Discrimination Law (2 or 3)   Craver, 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)

6392   Gender Discrimination and the Law (2)

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)

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 or take-home 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

Analysis of selected pending Supreme Court cases. Role playing as Supreme Court Justices, students read briefs and related materials (such as lower court decisions and controlling cases), discuss the cases in class, and then draft opinions. The course also will examine the institutional structures and practices of the Supreme Court. (Writing assignments)

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)

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. (Examination)

6399   Constitutional Law Seminar (2)   Maggs, Thomas

Selected topics in constitutional law to be announced at the time of registration. Enrollment is limited. (Research paper)

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