This course will explore the nature of freedom in the United States, focusing on constitutional guarantees founded in the historical role of the law. Issues covered will be Privacy, Obscenity, Race, War on Drugs, Freedom from and of Religion, Right to Counsel, and Search and Seizure. The objective will be to trace the evolution of these issues rooted in the Bill of Rights and Supreme Court doctrine. Case law will be read and analyzed in order to extract judicial theory. Scholarly arguments supporting and critiquing American jurisprudence will also be discussed. A disproportionate amount of the course's time will be spent on addressing the legitimacy of the Court's decisions and critiquing whether they remain in harmony with the intent of the Framers of the Constitution.
- Teacher: Alan Gaitenby
The course will focus on the impact of the Fourth, Fifth and Sixth Amendments in criminal trials. The course will study the historical perspective, the current application and the likely future applications of the amendments. A fundamental understanding of the criminal trial process is required. Prerequisite: LEGAL 250
- Teacher: Judd Carhart
The course will focus on civil law and will deal with issues that are unique to each of the respective civil trial courts. Case studies will address the manner in which disputes are resolved by trial or settlement. Some of the issues to be examined are termination of parental rights, sexually dangerous person proceedings and administrative agency appeals. The course will also focus on the equitable jurisdiction of the courts, contract actions and an introduction to real property rights. The course will also cover the resolution of civil claims through the jury trial process - tort actions, including medical malpractice claims, libel, sexual harassment, actions based upon discrimination and unfair or deceptive business practices.
- Teacher: Judd Carhart
This course examines multiparty disputes involving topics such as land use management, water rights, e-healthcare, and pollution remediation. We explore dispute resolution's role in enhancing democratic participation in decision making of public import. Satisfies the Integrative Experience requirement for BA-Legal majors.
- Teacher: Leah Wing
This course is designed for Legal Studies majors in the Commonwealth Honors College to explore together in a community of peers the joys and challenges of undertaking original research. We will study key steps in the research process, common challenges that can arise, and strategies for preventing and overcoming them. Students will be exposed to various research methods, identify their skills and strengths useful for researching, examine honors theses, and learn from faculty, alums, and students who have successfully undertaken original research.
The course examines implementation of the peace process and co-constructing a shared future of equals when the past and future remain heavily contested. Efforts to address the conflict's legacy are explored in the legal, political, and social arenas including truth recovery, reconciliation, urban regeneration, policing, language revival, and public art.
- Teacher: Leah Wing
This course will explore the role of mental healthcare law and procedure in the criminal justice system and will address how mentally ill clients are processed through the criminal justice system. Students will be introduced to the many mental health resources and treatment programs that are currently available to assist individuals. We will also explore contemporary issues in mental health and criminal justice, such as the treatment of mentally ill juveniles and women within the criminal justice system as well as the accessibility of mental healthcare services for at-risk groups.
- Teacher: Maria Puppolo
Federal Indian law has a long and complex history in the United States, which can be traced back to the first encounters between European colonizers and Indigenous inhabitants. Fundamental to Indian rights is an understanding of who is or who is not a "Native American"? Perhaps more than any other ethnic group in our country, the cultural identity of Native Americans is uniquely central to the federal body of Indian law. This course will focus on ways that Native American group identity has been constructed, subverted, and/or challenged by the application of federal Indian law. Case studies present the complexities inherent when judges, policymakers, and Native Americans attempt to interpret, codify and define a concept as subjective and amorphous as "identity". Although the course focuses on Native Americans, obvious parallels can be made to all "minority" groups, whether they're identified by race or ethnicity, gender, sexual persuasion, and/or political ideals. Students will read case law, treaties, and academic commentary, and will also hear Native American voices, explore popular cultural images of Native Americans, and use their own experiences to understand the complex intersection of culture and law.
- Teacher: Kathleen Brown-Perez