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The Politics of Law and Legal Thought

Semester and Year SP 2015
Course Number IDSEM-UG1643
Section 001
Instructor Vasuki Nesiah
Days TR
Time 11:00 AM - 12:15 PM
12:00 AM - 12:00 AM
Units 4
Level U
Foundation Requirement   SOC

Notes/Restrictions

Description

This class introduces students to critical legal studies through focused engagement with diverse areas of law. It is anchored in reading cases that captured pivotal debates in American legal history, cases such as Brown v. Board of Ed., Roe v. Wade, Lochner v. NY, MacPherson v. Buick Motor Co., Univ. of CA v. Bakke, King v. Smith, Perry v. Schwarzenegger and Citizens United v. Federal Election Commission . Through discussion of these cases, we examine different understandings of the relationship between legal debates and social justice. Can law be tilted towards the powerful, while also being 'indeterminate?' Does it undermine the 'rule of law’ if, as some scholars argue, legal rules contained ‘gaps, contradictions and ambiguities?' How do unjust outcomes appear legally necessary? How do different understandings of gender impact anti-discrimination law? How does the legal architecture of property impact labor rights? What are the legitimate roles, rights and responsibilities of different actors in the system—from judges to corporations to welfare recipients? In addition to reading cases and legal scholarship, we will also analyze films focused on law and society. Readings include Duncan Kennedy, Cornel West, Karl Klare, Janet Halley, Rich Ford, Martha Minow, Joe Singer, James Clifford, Austin Sarat, Alan Freeman and others.

Syllabus

Link

Course Type

Interdisciplinary Seminars (IDSEM-UG)