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INTRODUCTION TO U.S. LAW

JANET E. STEARNS

FALL, 2002

An Introduction to U.S. Law is a three credit required course for foreign lawyers enrolled in the LL.M. Program in Comparative Law. The course will meet on Friday mornings from 8:30-11:00 am in a room to be announced. In addition, the course will meet August 19-22.

The course is designed to highlight important legal concepts and themes in American Law. The materials include judicial decisions, textbooks, law review articles, books and videos.

The following books are available for purchase in either the University Bookstore or Book Horizons:

Lewis, Gideon’s Trumpet

Fundamental of American Law ( "FAL")

The Spirit of American Law ("SAL")

The Declaration of Independence and The Constitution of the United States (Maier, ed.)

When Elections Go Bad (Isacharoff, et. al.)

Harr, A Civil Action

A supplemental package of materials including judicial decisions and law review articles will be available either in print or online. Reading a good daily newspaper, such as the New York Times, is also highly recommended to keep current on political and legal events in the United States and throughout the world. Examination questions are likely to focus on applying the concepts discussed in class to such events.

Class attendance is mandatory, and preparation of all assigned materials is expected. For each class, I indicate those items that are required for class preparation, and those that are recommended for additional background.

The evaluation of the course will be on the basis of a ten-page paper comparing the American constitutional structure with that of your country of origin (33%) and a final examination (67%). In addition, exceptionally good or poor class participation will result in an increase or decrease of your final grade.

In conjunction with the class, Jorge Schmidt, our Dean’s Fellow, will offer a weekly review session. These sessions are not required, but are strongly recommended.

August 19 Lewis, Gideon’s Trumpet

August 20 Gideon v. Wainwright, 372 U.S. 335 (1963)

Hamdi v. Rumsfeld, 2002 U.S. App. LEXIS 14012

FAL, Introduction –Chapter 1

August 21 Visit to Florida Courts

August 22 American Courts and the Judicial System

FAL, Chapter 3

Recommended: SAL, Chapter 13

August 30 The U.S. Constitution: An Introduction

FAL, Chapter 2

SAL, Chapter 6

Maier, Introduction and The Declaration of Independence

Recommended: SAL, Chapter 7

Federalist Papers, selected sections

September 6 NO CLASS

September 13 Separation of Powers

U.S. Constitution (especially Articles I, II, and III)

SAL, Chapter 24

Koh, The Fast Track and United States Trade Policy

September 20 Federalism—The States and the Federal Government

Crosby v. National Foreign Trade Council, 530 U.S. 363 (2000)

United States v. Lopez, 514 U.S. 549 (1995)

Recommended: SAL, Chapter 7 and 14

September 27 American Presidential Elections

Issacharoff, et al, When Elections Go Bad, Chapters 2, 3 and 4

SAL, Chapter 27

October 4 The Bill of Rights: An Overview

U.S. v. Eichman, 496 U.S. 310 (1990)

Zelman v. Simmons-Harris, 70 U.S.L.W. 4683(2002)

FAL, Chapter 5

SAL, Chapter 16

October 11 The Second Bill of Rights: Issues of Race

SAL, Chapter 21

Smith v. University of Washington, 233 F. 3d 1188 (2000)

Grutter v. Bollinger, 288 F. 3d 732 (2002)

Recommended: SAL, Chapter 18

October 18 The Bill of Rights: Gender, Privacy Rights and Abortion

Roe v. Wade, 410 U.S. 113 (1973)

SAL, Chapter 25

October 25 The Bill of Rights: Death Penalty

Atkins v. Virginia, 70 U.S.L.W. 4585 (2002)

Ring v. Arizona, 70 U.S.L.W. 4666 (2002)

Bottoson v. Moore, 27 Fla. L. Weekly S. 647

November 1 Juries in Action:

Inside the Jury Room (Video)

Deadline: Comparative Constitutional Law Papers

November 8 Jury Selection: An Overview

Hernandez v. New York, 500 U.S. 352 (1991)
Uelman, Jury-Bashing and the O.J. Simpson Verdict

Jackson and Doran, Juries and Judges: A View from Across the Atlantic

November 15 Challenges of Class Action and other Group Litigation

Harr, A Civil Action

Recommended: Erin Brockovich (movie)

November 22 The American Legal Profession

Goebel, Legal Practice Rights of Domestic and Foreign Lawyers in the United States

FAL, Chapter 7

SAL, Chapter 31

Recommended: Florida Rules of Conduct (selected sections)

SAL, Chapter 28