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Rights in American Law Seminar
Class Term:
Fall Term 2015-2016
Catalog Number:
5879
Class Number:
20405
Class Schedule:
Monday
10:30 am -
12:20 pm
Room:
LAW 118
Professor
Seminar
Credits:
3 (2 Contact, 0 Field)
Graduation Requirements:
Upper-Level Writing
"W" Writing
Priority:
Seminar - 3rd Year Priority
Full Year Course:
No
Category:
Standard Courses
Additional Information
Students will read and discuss a variety of texts, and will be asked to take charge of presenting articles and leading some discussion in class. Midway through the semester, students will be given the simulated case file and will work in small groups as attorneys preparing for mediation, including interviewing the “client,” researching relevant legal issues, and preparing a background letter for a mediator. If possible, we will do a simulated mediation and critique it in class.
Grading Details
Students’ final grades will be based on (1) a final paper of at least 15 pages, evidencing significant legal or empirical research and (2) their work leading class discussion and group written and interactive work during the case simulation.
Description
In this class we will delve into the whole idea of rights -- in contemporary American culture, in comparative context, and in their historic development in Anglo-American political theory and legal discourse. Then we will inquire how (whether) those ideas play out in current civil rights advocacy in our legal system. The course is not intended to be a doctrinal survey of civil rights law in the U.S. , or a doctrinal study of the law of any one particular area of civil rights. Instead, we will look at (1) the concept -- and history of the concept -- of rights, (2) some particular issues in civil rights doctrine today that run across substantive areas, e.g., intent, and (3) see how those ideas play out in an interactive practical situation, through a simulated case study, in which students will play the part of lawyers mediating a civil rights issue.
A secondary focus of the course is the combination of theory and practice. Does critical theory inform down to earth civil rights practice? If so, how? Sexual harassment or race discrimination are possible contexts for the interactive mediation part of the course (one will be chosen after the course begins). The reduced formality of mediation (as opposed to adjudication) should allow for a better simulation in a seminar setting and better accommodate some of the less doctrinal materials.