NUMBER 11 (ELEVEN) 6/26/07
Dialectic: When two things come together to make something else. Can't define one without the other. Example: Is there such a thing as a child w/o a parent? Or a parent w/o a child? No.
Law and Society - There can't be a
John Austins command theory
Law is the command of the sovereign
Who is sovereign? Sole criterion for laws validity: it is issued by the sovereign herself and will be enforced by the sovereign and her age
October 9, 2007
Wheres the natural law thinking? Who are the positivists? How is it possible that 5 judges can come to different conclusions about what the legal outcome should be?
What is the legal rule?
Whoever shall willfu
10/7/08 LAW AND SOCIETY Sovereignty resides in the nation State is representative of and accountable to the people Self-Determination is the right of the people to rule themselves State power is limited by law; institutionally separated (ex
10/9/08 LAWSO 1 Mensch: The History of Mainstream Legal Thought Legal consciousness: how people understand law and legality; what is just the contents and limits of rights, etc. Social change and law: mutually constitutive developments transform law
WEEK FOUR, INTRO TO LAWSO 1 10/14/08 (Oliver Wendell Holmes, Karl Llewellyn, Martin Luther King)
Oliver Wendell Holmes, The Path of Law (1897):
The Purpose of the Law: to maintain order while enabling change. Objective of the Legal Profession: t
INTRO TO LAWSO1 10/21/08 Race in US Legal History: Constitutional amendments after civil war ending slavery (13th); granting citizenship, due process and equal protection (14th); enfranchising black males (15th). Reconstruction (1865-1877) post-
INTRO TO LAWSO 1 10/23/08 Black Responses to Racism: Separatist, black nationalist, afrocentrist. Nation of Islam: Founded in Detroit in 1930, led by Elijah Muhammad from 1935-1975. under his authority, the NOI was socially conservative and separat
INTRO TO LAWSO 1 11/4/08 LAWRENCE V. TEXAS (2003) Lawrence v. Texas Kennedy Writing for Court: Questions raised by this case: is the Texas law criminalizing homosexual sodomy constitutional? Liberty protects the person from unwarranted government
LAWSO 1 11/18/08 DOMESTIC VIOLENCE AND RAPE What are Rights? Practices that are required, prohibited, or otherwise regulated within the context of relationships governed by law. Rights are legal entitlements. o Positive rights (to something), Negat
The Law is some tricky sh#t!
Oliver Wendell Holmes Jr
Young man, the secret of my success is that at an early age I discovered that I was not God. Appted to Mass Supreme Judicial Court, 1899 Sat on US Supreme Court, 1902-1932 Known as the Great
December 6, 2007 Final Dec 11 12-3 p.m.
Monday Dec 10 from 3:30 to 4:30 p.m. LSB 1001
After all, lets ask ourselves: Does America really need 70 percent of the worlds lawyers?
Dan Quayle, The Most Litigious So
Domestic Violence and Rape
Sally Engle Merry, Rights Talk and the Experience of Law: Implementing Womens Human Rights to Protection from Violence, and Susan Estrich, Rape
What Are Rights? Definition: Rights are practices that are required, prohibite
LAWRENCE VS. TEXAS & THOMAS SOWELL, JUDICIAL ACTIVISM RECONSIDERED
Lawrence v. Texas Kennedy writing for court Question raised by this case: Is the Texas law criminalizing homosexual sodomy constitutional? Liberty protects the person from unwarrant
LAWSO 1 February 1, 2007
Regulation of offensive speech Nielsens License to Harass
How the law may reinforce (rather than challenge) existing racism, sexism, and elitism
Define legal consciousness
How does this relate to the
October 18, 2007
Law and Social Change
What role does law play in contesting racist, sexist, and class-based structures and behavior?
Before the Law With the Law Against the Law
Before the Law
1st Amendment Limiting
October 30, 2007
Whats the difference between a good lawyer and a great lawyer. The good lawyer knows the law. The great lawyer knows the judge.
Conflict resolution is best achieved through an adversary process. The advers
Deception and Truth
The irony lawyers love the truth but practice to deceive. The appearance of truth is important.
How do lawyers tactics play in front of a jury? Do juries reach verdicts based on the evidence, or are they s
November 6, 2007
A Trial by Jury, Graham Burnett
In what ways do ordinary people contract the habits and tastes of judges? What about the role of the jury is conscience of the community, sometimes resisting the lure of the law?
N.Y. v Monte
Nov 13, 2007
The Big Eddy Club
The Stocking Stranglings between 9/19/77 to 4/20/78 seven white women raped and murdered. Southern Justice Jim Crow laws
Lynching Southern Rape Complex KKK
13th Amendment - em
LAWS0 1 November 29, 2007
The Power of Precedent
When should precedent be overturned? Langan v St Vincents Hospital (2005) Buckley v City of New York (1982) Herrera v Quality Pontiac (2003)
Defense of Marriage Act (DOMA)
LAWSO 1 12/2/08 HUMAN RIGHTS Rights practices that are required, prohibited, or otherwise regulated within the context of relationships governed by the law; legal entitlements, created by laws. What are Human Rights? Universal: all people are huma