U.S. Legal History II (LAW-610-001)
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Explores the development of American law within the broader context of American life from post-Civil War Reconstruction to the present. Topics examined include: (1) developing understandings and applications of basic constitutional rights; (2) the legal regulation and promotion of American economic life; (3) the changing status and activity of women, African-Americans, and industrial workers within law and the larger society; (4) the evolving legal treatment of political dissent and dissenters; (5) developing theories of executive, legislative, and judicial power, the actual uses of such power, and the changing relationship between federal and state authority; and (6) the nature and impact of the major innovations, conflicts, and "crises" in legal theory from the Civil War to the present time. The course grade will be based on a take-home final examination and participation in required in-class debates. No prerequisites. You do not need to have taken United States Legal History I to take this course. Note: The Upper Level Writing Requirement can, but need not, be completed in connection with the course by doing the additional work required for additional credit as a complementary independent study.
Textbooks and Other Materials
The textbook information on this page was provided by the instructor. Students should use this information when considering purchases from the AU Campus Store or other vendors. Students may check to determine if books are currently available for purchase online.
Melvin Urofsky & Paul Finkelman, A March of Liberty: A Constitutional History of the United States, Volume 2: From 1898 to the Present (3d ed. 2011); Kermit Hall and Peter Karsten, The Magic Mirror: Law in American History (2d ed. 2008); William Wiecek, Liberty Under Law (1988); Lawrence Friedman, American Law in the Twentieth Century (2004); William W. Fisher, et al., American Legal Realism (1993); Paul Boyer, et al., Cengage Advantage Books: The Enduring Vision, Volume 2: Since 1865 (8th ed. 2014). [This "Cengage Advantage Books" version is a substantially less expensive version of The Enduring Vision, Volume 2 book, containing all of the narrative but fewer graphics.] All of these books can be purchased used on line at a substantial discount, in some cases at an awesome discount. A few copies of each of these books also will be available in the Reserve stacks in the library.
First Class Readings
For our first class session, please read: (1) Melvin I. Urofsky and Paul Finkelman, A MARCH OF LIBERTY: A CONSTITUTIONAL HISTORY OF THE UNITED STATES, Volume *I*, at 472-76, 479-81, 483-99 (3d ed. 2011) (Note: these pages are in Volume I, rather than in Volume II which we will be using during the term; copies of Volume I are available in both the reserve and regular stacks in the library); and (2) Course Materials at 1-6. (The Course Materials are posted at the MyWCL site for the course.)
Use your MyAU username and password to access the syllabus in the following format(s):