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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