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321 - 330 of 461 results for: LAW

LAW 7007: Constitutional Law: Religion and the First Amendment

(Formerly Law 602) This course covers the major doctrines and decisions interpreting the provisions of the First Amendment affecting religion, especially the free exercise and establishment clauses. The principal focus is on modern Supreme Court cases and doctrine, but the course also emphasized the historical, philosophical, and theological roots of first amendment principles. Elements used in grading: Final Exam (take-home).
Last offered: Winter 2019

LAW 7008: American Constitutional History from the Civil War to the War on Poverty

This course addresses U.S. constitutional history from the post-Civil War Reconstruction period through the mid-20th century. Because of the breadth of the subject matter, the view will necessarily be partial. In particular we will take as our focus the way the Constitution has provided a point of political mobilization for social movements challenging economic and social inequality. Topics covered include: Civil War Reconstruction and restoration; the rise of corporate capitalism and efforts to constrain it; Progressive Era regulation; the New Deal challenge to federalism and the anti-New Deal backlash; government spending; WWII and the Japanese Internment; the Civil Rights Era, and the War on Poverty. Readings will include both legal and historical materials with a focus on the relationship between law and society. Elements used in grading: Class Participation, Attendance, Written Assignments, Final Paper. Paper extensions will be granted with instructor permission. No automatic grading penalty for late papers. Cross-listed with American Studies ( AMSTUD 155) and History ( HISTORY 155).
Terms: Win | Units: 3
Instructors: Dauber, M. (PI)

LAW 7010: Constitutional Law: The Fourteenth Amendment

This course examines various aspects of the Fourteenth Amendment, with special attention paid to equal protection and substantive due process. We will examine many contested constitutional questions, including, for example: How did gay and lesbian relationships go so quickly from being subject to criminal prohibition to being eligible for marriage? What justifies the Supreme Court's striking down a law mandating segregated schools, when it had upheld an analogous law half a century earlier? Must the law treat all individuals identically, or may and should it grant special protections to members of historically disadvantaged groups? To what sources might (and should) a judge look to give content to vague constitutional terms like "equal protection" and "due process"? How can we distinguish "law" from "politics" in this area? Readings will include judicial opinions and some scholarly commentary. Class discussion will be supplemented with group exercises of various sorts. Elements used in grading: Class participation and exam.
Terms: Aut | Units: 3
Instructors: Banks, R. (PI)

LAW 7010: Constitutional Law: The Fourteenth Amendment

This course examines various aspects of the Fourteenth Amendment, with special attention paid to equal protection and substantive due process. We will examine many contested constitutional questions, including, for example: How did gay and lesbian relationships go so quickly from being subject to criminal prohibition to being eligible for marriage? What justifies the Supreme Court's striking down a law mandating segregated schools, when it had upheld an analogous law half a century earlier? Must the law treat all individuals identically, or may and should it grant special protections to members of historically disadvantaged groups? To what sources might (and should) a judge look to give content to vague constitutional terms like "equal protection" and "due process"? How can we distinguish "law" from "politics" in this area? Readings will include judicial opinions and some scholarly commentary. Class discussion will be supplemented with group exercises of various sorts. Elements used in grading: Class participation and exam.
Terms: Spr | Units: 3
Instructors: Schacter, J. (PI)

LAW 7011: Constitutional Litigation

(Formerly Law 641) This is a course in advanced and applied constitutional law. It focuses on one of the central ways in which constitutional claims are actually litigated: in lawsuits against public officials and local governments. The bulk of the course looks at litigation under 42 U.S.C. § 1983. We will consider topics such as what it means to act "under color of state law;" absolute and qualified immunities; government liability for the acts of individual officials; and remedies for constitutional violations. This course is particularly useful for students who plan to clerk on federal courts, as much of their dockets involves §1983 litigation. This course complements Federal Courts ( Law 283). Elements used in grading: Participation, Attendance, Exam.
Last offered: Spring 2019

LAW 7012: Constitutional Law: Speech and Religion

(Formerly Law 612) This is a course about the freedoms of speech, press, religion, association, and assembly under the First Amendment. Two- thirds of the course will be about freedoms of speech, press, and assembly. We will examine historical context, doctrinal development, and current caselaw. We will ask why government regulates speech (to prevent harms? to protect sensibilities? to redistribute power? to advance the interests and ideas of the politically powerful?), how government regulates speech (by aiming at messages? by aiming at markets? by aiming at when and where speech takes place? by conditioning subsidies?), and what justifications are ever sufficient for limiting speech. We will include consideration of the institutional press and new technologies including the Internet, as well as the rights of private organizations to determine their membership and organization. About a third of the course will be about religion. We will ask how the twin constraints of the Free Exercise and Establishment Clauses relate, looking especially at notions of neutrality, voluntarism, separation, and accommodation. Elements used in grading: Exam
Last offered: Winter 2018

LAW 7013: Gender, Law, and Public Policy

Topics in this course will include equal protection standards, employment, family, reproductive rights, sexual harassment, rape, domestic violence, pornography, sexual orientation, diversity in the profession, and intersections with race, ethnicity, class, and sexual orientation. Special attention will be given to reproductive justice issues, and students (with the exception of 1Ls) who wish to give special attention to this topic may seek an extra unit of credit for directed research (see Directed Research Petition on the SLS Registrar's Office website). Materials will include cases, commentary, problems, and media portrayals. Special Instructions: Course requirements will include class participation and either (1) a long paper, which will satisfy the research requirement or (2) short weekly reflection papers on the assigned readings, and a short final research paper. Students writing reflection papers will form teams and each member will be responsible for writing comments on one cla more »
Topics in this course will include equal protection standards, employment, family, reproductive rights, sexual harassment, rape, domestic violence, pornography, sexual orientation, diversity in the profession, and intersections with race, ethnicity, class, and sexual orientation. Special attention will be given to reproductive justice issues, and students (with the exception of 1Ls) who wish to give special attention to this topic may seek an extra unit of credit for directed research (see Directed Research Petition on the SLS Registrar's Office website). Materials will include cases, commentary, problems, and media portrayals. Special Instructions: Course requirements will include class participation and either (1) a long paper, which will satisfy the research requirement or (2) short weekly reflection papers on the assigned readings, and a short final research paper. Students writing reflection papers will form teams and each member will be responsible for writing comments on one classmate's paper each week. There will be no final examination. A maximum of 10 students will be permitted to write the long paper for R credit. All students interested in R credit should pre-register by lottery for Law 307-0-02. Students who do not receive a spot in section 02 may enroll in section 01. Open to students from other schools with the consent of the instructor. To apply for this course, non-Law students must complete a Non-Law Student Course Add Request Form available on the SLS Registrar's Office website. Elements used in grading: Class participation, attendance, reflection papers, and final paper.
Terms: Win | Units: 3
Instructors: Rhode, D. (PI)

LAW 7014: Constitutional Theory

The guiding question of this course will be how we should think about the role of the U.S. Constitution in American law and American life. In considering this issue, we will address debates about constitutional interpretation (including both originalism and living constitutionalism), the nature and features of constitutional change within the American context, the role of federalism and the separation of powers in the constitutional scheme, and the nature of American constitutionalism as opposed to English and continental European models. We will tackle these debates in the context of some specific contemporary controversies about the Constitution, including: How do the civil rights movement and other social movements impact our understanding of the Constitution?; Does the Constitution reject a European-style inquisitorial process in favor of an Anglo-American vision of due process?; How important is consensus within the Supreme Court to establishing the legitimacy of constitutional me more »
The guiding question of this course will be how we should think about the role of the U.S. Constitution in American law and American life. In considering this issue, we will address debates about constitutional interpretation (including both originalism and living constitutionalism), the nature and features of constitutional change within the American context, the role of federalism and the separation of powers in the constitutional scheme, and the nature of American constitutionalism as opposed to English and continental European models. We will tackle these debates in the context of some specific contemporary controversies about the Constitution, including: How do the civil rights movement and other social movements impact our understanding of the Constitution?; Does the Constitution reject a European-style inquisitorial process in favor of an Anglo-American vision of due process?; How important is consensus within the Supreme Court to establishing the legitimacy of constitutional meanings?; Why do we have nine Supreme Court justices, and; What is the Constitution, and how much does it include outside of the written document? Throughout we will be contemplating the extent to which our interpretation of the constitution depends on our vision of American democracy and the good society. Requirements for the course include regular class participation and either four response papers or a substantial research paper; students who take the research paper option will receive two or three units and 'R' credit. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Special Instructions: This class is limited to 16 students by lottery. If applicable, openings will be filled from the waitlist in waitlist order. Four additional spots may be reserved for 2Ls at the discretion of the instructor. If determined by the instructor, four 2Ls will be admitted from the waitlist in waitlist order. Elements used in grading: Attendance, Class Participation; Response Papers or Final Paper. Cross-listed with English ( ENGLISH 350D).
Terms: Aut | Units: 2-3
Instructors: Meyler, B. (PI)

LAW 7015: Contemporary Issues in Constitutional Law

(Formerly 448) This is an advanced constitutional law seminar for students who have already taken the introductory Constitutional Law course. The seminar will provide an opportunity for in-depth discussion of competing theories of constitutional interpretation, the role of the Supreme Court in our political system, and analysis of judicial behavior. Each week, these themes will be examined through the lens of a current "hot topic" in constitutional law - for example, affirmative action, same-sex marriage, religious liberty, the death penalty, executive power, campaign finance, immigration, abortion, and other topics. This is not a "spectator" class; all students will be expected to participate actively in class discussion each week. This is a good seminar for students interested in clerking or pursuing academia. Prerequisite: Constitutional Law. Elements used in grading: Attendance, Participation, Written Assignments.
Last offered: Winter 2019

LAW 7016: Critical Race Theory

(Formerly Law 671) This course will cover the most important writing in critical race theory as it relates to law and jurisprudence. We will review the relationship between skeptical jurisprudence as developed in legal realism and Critical Legal Studies to the struggle for racial justice and the ambivalent relationship of civil rights lawyers to mainstream legal strategies for social change. We will review the critique of rights, the use of narrative in legal scholarship and the emergence of the critique of "intersectionality" as a challenge to conventional racial politics. Special Instructions: Grades will be based on attendance, class participation and (1) short reflection essays on the readings and a short research paper or (2) a long research paper with consent of the instructor. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: Attendance, class participation, written assignments, final paper.
Last offered: Winter 2019
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