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Gerald Rosenberg : Courses and Seminars

Constitutional Law III: Equal Protection and Substantive Due Process
LAWS 40301
This course considers the history, theory, and contemporary law of the post-Civil War Amendments to the Constitution, particularly the Equal Protection and Due Process Clauses of the Fourteenth Amendment. The central subjects are the constitutional law governing discrimination on the basis of race, gender, and other characteristics, and the recognition of individual rights not explicitly enumerated in the Constitution. Throughout, students consider certain foundational questions, including the role of courts in a democracy and the question of how the Constitution should be interpreted. The student's grade is based on a final examination.
Spring 2013
Gerald Rosenberg
Law and Politics: U.S. Courts as Political Institutions
LAWS 51302
The purpose of this seminar is twofold. First, it introduces students to the political nature of the American legal system. In reviewing social science literature on courts, students focus on the relationship between the courts and other political institutions. The questions asked include the following: Are there interests that courts are particularly prone to support? What effect does congressional or executive action have on court decisions? What impact do court decisions have? Second, by critically assessing approaches to the study of courts, the seminar seeks to highlight intelligent and sound approaches. Particular concern focuses on assumptions students of courts have made, how evidence is integrated into their studies, and what a good research design looks like. There will be a mandatory preliminary meeting for interested students in the Autumn; law student enrollment is limited to 7. There is a choice. Students can either write two 5-7 page analytic papers and complete a take-home final or they can write one 5-7 page analytic paper and undertake a substantial research paper. Papers may meet substantial research paper (SRP) graduation requirement.
Winter 2013
Gerald Rosenberg