Students in this course will study the means and ends of social ordering through law. That is, the class will explore what law is and is not and what it is capable of doing within the social context. The course will consist of the following unites: 1) law as an instrument for remedying grievances; 2) law as an instrument for defining and punishing crimes; 3) law as an administrative-regulatory instrument; 4) law as a facilitator of private arrangements between people; and 5) law as a way of promoting safety and human rights. The course materials will consist largely of photocopied and original materials. Students are expected to attend class regularly and be well prepared to participate in class discussions. There will be two written papers (and two rewrites). Participation, which will include several in-class presentations, will be graded.

Individual interests are often in tension with each other; they are also often in opposition to a common or societal goal/value. This course seeks to introduce you to the law's capacity to mediate between these individual interests as well as the law's attempts at furthering the common good, often at the expense of individual interests. The law is a powerful instrument for encouraging people to work together. However, it is not capable of resolving every problem or achieving every goal. How does the law resolve disputes? How does it maximize welfare and wealth? How is it structured? Who decides what we mean by "law" and how it functions? Who decides what the societal interest is or whether it trumps what an individual wishes to do?

Required Texts: Photocopied Materials, for sale at the College Bookstore

Course Requirements:

It is expected that you attend class regularly and be fully prepared to participate in discussion every day. Classes are designed to be a genuine interaction. You should not hesitate to speak.

Your final course grad will be determined according to the following allocation:

1. Class Participation (40%). This entails regular and thoughtful participation in class discussions as well as assigned in-class presentations. Any unexcused absences fro class may affect your final grade for participation by up to one increment.

2. Papers (60%). You will write two papers and two rewrites. (See the tentative syllabus below for the schedule of the written assignments)

First Assignment:	First Rewrite	10% (March 7, 2002)
	Final (Second) Rewrite	15% (April 4, 2002)
Final Assignment	Outline-	5% (March 14, 2001)
	First Submission-	10% (April 16, 2002)
	Final Rewrite-	20% (May 7, 2002)

 

Written papers are to by your original work. You may work with the instructors in the Writing Lab. Papers are due at the beginning of the indicated class and you will be penalized up to one increment if they are turned in late.

Academic Honesty: As in all other courses at Grinnell, you must adhere to standards of honesty in this class. Feel free to consult the Students Handbook for the official statement of the College policy. If you ever have questions about this, you should come see me. At a minimum, remember that academic honesty entails the following: 1) work that you present as your own must be the product of your own efforts, and 2) if you rely on a book or any other written material for quotations, ideas, formats, or anything significant you need to indicate your reliance on this outside source in a fashion that puts us clearly on notice.

Course Overview:

I. Introduction

A. First Amendment/Methods of Resolution
B. Introduction to the Legal Structure

II. Law as a Grievance-Remedial Instrument

A. What is the Grievance-Remedial Instrument?
B. Remedies
C. Structures and Processes
D. Limitations - The Duty to Rescue and Wrongful Birth
E. Roles of Different Parties

III. Law as Penal-Corrective Instrument

A. Penal-Corrective Techniques
B. Structures and Processes
C. Coercive Power - Death Penalty and Corporal Punishment
D. Theories of the Law

IV. Law a s an Administrative-Regulatory Instrument

A. Fundamentals and Utility of the Administrative System
B. Administrative-Regulatory Techniques
C. Authorized makers of Administrative Law

V. Law as an Instrument for Facilitating Private Arrangements

A. Fundamentals of Contract Law
B. Remedies

VI. Law to Promote Equality

A. Fundamentals of Equal Protection
B. Affirmative Action
C. Freedom of Religious Expression
D. Political Intervention of Majority Opinions

Detailed Syllabus

I. Introduction

Tuesday, January 22

First Amendment Discussion and Hypothetical
Introduction to the American Legal System

Thursday, January 24

Pages 1-24 of Law: Its Nature, Function, and Limits
Village of Skokie v. National Socialist Party of America

Tuesday, January 29

Skokie: discussion continued

II. Law as a Grievance-Remedial Instrument

Thursday, January 31

Law as a Grievance-Remedial Instrument
Pages 30-33 of Law: Its Nature, Function, and Limits
Introduction
Clinton v. Commonwealth Edision Co.

Tuesday, February 5

Remedies within Grievance-Remedial Law
Pages 35-43 of Law: Its Nature, Function, and Limits
Davies v Mann

Thursday, February 7

Guest Lecture-Herbert Hausmaninger
Litigation in a Civil Law System
Pages 160-165 of Law: Its Nature, Function, and Limits

Tuesday, February 12

Structures and Processes for applying the Grievance-Remedial Instrument
Pages 71-128 of Law: its Nature, Function, and Limits

Thursday, February 14

Continued: Structures and Processes for applying the Grievance-Remedial Instrument
Pages 71-128 of Law: Its Nature, Function, and Limits

Tuesday, February 19

Limitations of the Law: The duty to Rescue
Pages 169-171 of Law: Its Nature, Function, and Limits
Tubbs v. Argus

Hand out Final Written Assignment

Thursday, February 21

Class Canceled

Tuesday, February 26

Role of Private Citizens and their Lawyers
Pages 138-147 of Law: its Nature, Function, and Limits

Due: First Draft of Written Assignment #1

Thursday, February 28

Peer Editing Exercise of the First Draft of Written Assignment #1

III. Law as Penal-Corrective Instrument

Tuesday, March 5

Law as a Penal-Corrective Instrument
Begin: Penal-Corrective Techniques
Pages 185-192 of Law: Its Nature, Function, and Limits
Regina v. Dudley & Stephens
M'Naghten's Case

Thursday, March 7

Continue: Penal-Corrective Techniques
Pages 192-201 of Law: its Nature, Function, and Limits
Durham v. United States
Rex V. Esop

Due: First Rewrite of Written Assignment #1

Tuesday, March 12

Guest Lecture: Peter Jarvis
Ethics

Thursday, March 14

Coercive Power - Death Penalty and Corporal Punishment
Pages 224-230 of law: its Nature, Function, and Limits
Furman v. Georgia
Solem v. Helm

What is theory and the theories of the Law (criminal)?
Pages 180-185 of Law: its Nature, Function, and Limits

Due: Outline of Written Assignment #2 (Final Paper)

Spring Break: March 15-April 1

IV. Law as an Administrative-Regulatory Instrument

Tuesday, April 2

Law as an Administrative-Regulatory Instrument
Why we need government intervention to deal with private beneficial activity
The fundamentals of the administrative system
Pages 299-305 of Law: Its nature, Function, and Limits
Problems 1 and 2

Thursday, April 4

Administrative-Regulatory Techniques
Pages 306-318 of Law: its Nature, Function, and Limits, Sections A,B,C,D,F,G,H,I

Authorized Makers of Administrative Law
Pages 320-323, 329-340, 342-349 of Law: Its Nature, Function, and Limits

Due: Final (Second) Rewrite of Written Assignment #1

Tuesday, April 9

Continue: Authorized Makers of Administrative Law
Pages 320-323, 329-340,342-349 of Law: Its Nature, Function, and Limits

V. Law as an Instrument for Facilitating Private Arrangements

Thursday, April 11

Law as an Instrument for Facilitating Private Arrangements
Fundamentals of Contract Law
Pages 553-536, 538, 541-543, 547-552, 554-559 of Law: Its Nature, Function, and Limits
Lucy v. Zehmer
Hamer v. Sidway

Tuesday, April 16

Remedies in the Law of Contracts
Pages 563-569 of Law: Its Nature, Function, and Limits

Due: First Submission of Written Assignment #2 (Final Paper)

VI. Law to Promote Equality

Thursday, April 18

Law to Promote Equality (Fundamentals of Equal Protection)
Pages 703-709
Korematsu v. United States

Tuesday, April 23

Continued: Law to Promote Equality
713-714, 716-730 of Law: Its Nature, Function, and Limits
Palmore v. Sidoti
Shelley v. Kraemer

Thursday, April 25

Affirmative Action (continued)
Regents of the University of California v. Bakke

Tuesday, April 30

Affirmative Action (continued)
Rodriguez v. San Antonio School District

Thursday, May 2

Freedom of Religious Expression
Wisconsin v. Yoder

Tuesday, May 7

Political Intervention of Majority Opinions
Romer v. Evans

Due: Rewrite of Written Assignment #2 (Final Paper)

Thursday, May 9

Open Class