THE CONSTITUTION & TODAY S PUBLIC POLICY DEBATES. Class Overview

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1 Class Overview THE CONSTITUTION & TODAY S PUBLIC POLICY DEBATES This seminar will explore the constitutional underpinnings of four current public policy debates. For each debate, we will learn about the underlying legal principles and consider the different policy viewpoints implicated. Then, we will take an in-depth look at the current political and legal arguments. We will also hear from guest lecturers who are actively involved in shaping political and legal discourse around this topic. During this process, we will grapple with the following questions: How should policy-makers determine what the Constitution means? How should judges determine what the Constitution means? How does constitutional law develop? How should it develop? What is the relationship between popular will, public policy and constitutional law? What is the Supreme Court s role in this relationship? What is the public s role? Instructor Information Mimi Marziani, Counsel at Brennan Center for Justice at NYU School of Law Phone: (646) mimi.marziani@nyu.edu Office Hours: o By Appointment o Brennan Center for Justice at NYU School of Law 161 Avenue of the Americas, 12th Floor New York, NY Student Duties Students will be responsible for reading all assigned material, actively participating in every class, submitting four essays, and leading one public policy discussion. Essays will be responsive to writing prompts and will be due at the start of classes 3, 6, 9, 12, and after the final class. Grades will be determined by the quality of a student s written assignments and on class participation, which includes attending class, completing all reading assignments in advance of class, remaining attentive throughout class discussion, and contributing to class discussions in a thoughtful manner. Students will be permitted to miss one class for illness, religious observance, or a similarly serious reason, provided that notice is given as far in advance as possible and no later than the start of class. More than one absence will result in a lower participation grade. Cell phones, IPads, IPods and all other electronic devices should be turned off and stowed away throughout each class. Failure to abide by this rule will result in a reduced class participation grade. 1

2 Class Materials Most class materials will be on Blackboard. You must, however, obtain the following texts, all of which are available at the NYU Bookstore and via Amazon.com. MICHAEL DORF, THE OXFORD INTRODUCTIONS TO US LAW: CONSTITUTIONAL LAW (2010) MARK TUSHNET, OUT OF RANGE: WHY THE CONSTITUTION CAN'T END THE BATTLE OVER GUNS (2007) LANDMARK: THE INSIDE STORY OF AMERICA'S NEW HEALTH CARE LAW AND WHAT IT MEANS FOR US ALL (2010) MARTHA NUSSBAUM, FROM DISGUST TO HUMANITY: SEXUAL ORIENTATION & CONSTITUTIONAL LAW (2010) Readings for some classes may be supplemented with recent (and short) commentary pieces (i.e., press reports, opinion editorials, blogs). In addition, please note that readings from ongoing litigation are particularly subject to change. Course Syllabus CLASS 1 9/6/11 Topic: The Supreme Court, Judicial Review and Constitutional Interpretation o U.S. Constitution (including all amendments) o Jill Lepore, The Commandments: The Constitution and its Worshippers, THE NEW YORKER (Jan. 17, 2011) o Chapters 1-2 of MICHAEL DORF, THE OXFORD INTRODUCTIONS TO US LAW: CONSTITUTIONAL LAW (2010) CLASS 2 9/13/11 Topic: The Court s Role in Public Policy Debates o Chapter 3 of DORF, CONSTITUTIONAL LAW o Excerpt from BARRY FRIEDMAN, THE WILL OF THE PEOPLE: HOW PUBLIC OPINION HAS INFLUENCED THE SUPREME COURT AND SHAPED THE MEANING OF THE CONSTITUTION (2009) o Jeff Shesol, Should Justices Keep Their Opinions to Themselves? NY TIMES (June 28, 2011) CLASS 3 9/20/11 *** First Essay Due *** Topic: Gun Control and the Second Amendment Introduction o MARK TUSHNET, OUT OF RANGE: WHY THE CONSTITUTION CAN'T END THE BATTLE OVER GUNS (2007) 2

3 o Sari Horwitz & James Grimaldi, NRA-Led Gun Lobby Weilds Powerful Influence Over ATF, US Politics, THE WASHINGTON POST (Dec. 15, 2010) CLASS 4 9/27/11 Topic: Gun control and the Second Amendment A Newly Discovered Right? o District of Columbia v. Heller (2008) o McDonald v. City of Chicago (2010) Sections I, III, IV, V of Justice Alito s majority decision CLASS 5 10/4/11 Topic: Gun control and the Second Amendment The Scope of Protection o United States v. Skoien (7th Cir. 2010) (Can the Second Amendment rights of domestic violence perpetrators be restricted?) o Williams v. Maryland (MD 2011) (Does the Second Amendment allow an individual without a carry permit to have a handgun outside the home?) o United States v. Masciandaro (4th Cir. 2011) (Does the Second Amendment permit prohibition of guns in state parks?) *** Fall Recess *** CLASS 6 10/18/11 *** Second Essay Due *** Topic: Money, Politics and the First Amendment Introduction o Buckley v. Valeo (1976) Sections I, II, III of per curiam decision o Rick Hasen, The Nine Lives of Buckley v. Valeo in FIRST AMENDMENT STORIES (2010) CLASS 7 10/25/11 Topic: Money, Politics and the First Amendment Corporate Political Rights o Citizens United (2010) Kennedy s majority decision Stevens dissenting decision o Floyd Abrams & Burt Neuborne, Debating Citizens United, THE NATION (Jan. 13, 2011) 3

4 CLASS 8 11/1/11 Topic: Money, Politics and the First Amendment What About Equality? o Davis v. FEC (2010) Justice Alito s majority decision o McComish v. Brewer (2011) Guest Speaker: Monica Youn, NYU School of Law CLASS 9 11/8/11 *** Third Essay Due *** Topic: States Rights and the Federal Regulation ObamaCare o Selected chapters from LANDMARK: THE INSIDE STORY OF AMERICA'S NEW HEALTH CARE LAW AND WHAT IT MEANS FOR US ALL (2010) CLASS 10 11/15/11 Topic: States Rights and the Federal Regulation The Commerce Clause o DORF, CONSTITUTIONAL LAW, Chapter 4 o Gonzales v. Raich (2005) CLASS 11 11/22/11 Topic: States Rights and the Federal Regulation ObamaCare Litigation o Thomas More Law Center v. Obama (6th Cir., June 2011) o Florida v. Department of Health & Human Services (11th Cir., Aug. 2011) Selected sections o 4th Circuit TK CLASS 12 11/29/11 *** Fourth Essay Due *** Topic: Equal Protection and Same-Sex Love and Marriage The Meaning of Equality o Selected chapters from MARTHA NUSSBAUM, FROM DISGUST TO HUMANITY: SEXUAL ORIENTATION & CONSTITUTIONAL LAW (2010) o DORF, CONSTITUTIONAL LAW, Chapter 6 o Bowers v. Hardwick (1986) o Lawrence v. Texas (2003) Video Presentation: Stonewall Rising 4

5 CLASS 13 12/6/11 Topic: Equal Protection and Same-Sex Love and Marriage Marriage Equality o NUSSBAUM, FROM DISGUST TO HUMANITY, Chapter 5 o Perry v. Schwarzenegger (N. D. Cal. 2010) o Letter from U.S.A.G Eric Holder regarding The Defense of Marriage Act (Feb. 23, 2011) Guest Speaker: Scott Ceresia, Gibson, Dunn & Crutcher CLASS 14 12/13/11 Topic: Constitutional Evolution and Policy Change o FRIEDMAN, THE WILL OF THE PEOPLE, Conclusion Student Presentation: Gay Marriage in NYC A Case Study *** Final Paper Due via on December 20, 2011 by 5:00 p.m.*** 5

Law 200: Law and Society Syllabus: Spring 2018

Law 200: Law and Society Syllabus: Spring 2018 Mark E. Haddad, Lecturer in Law, USC Gould School of Law: mhaddad@law.usc.edu Emily Cronin, Teaching Assistant, USC Gould School of Law: emily.cronin.2018@lawmail.usc.edu;