Current Students

Public Law - Government Group

Please make your selection from the list below:

Employment Discrimination (course) (LABR8103)

3 credits. Lecture.

This course covers discrimination in employment because of race, gender, age, religion, national origin, and disability by first treating the three main theories of discrimination -- individual disparate treatment, systemic disparate treatment and systemic disparate impact. Second, special problems of discrimination, including sexual harassment, retaliation, reasonable accommodation of religious practices and disabilities and equal pay for equal work, are then studied. Third, the procedural and remedial rules of employment discrimination law are surveyed. The governing statutes include Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Equal Pay Act, 42 U.S.C. section 1981 and the Americans with Disabilities Act.

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Civil Rights Law (PUBR7909)

3 credits. Lecture.

Prerequisites: Constitutional Law or Constitutional Law I & II

This course provides the student with an introduction to constitutional litigation, civil rights policy, and statutory enforcement of civil rights. To that end, emphasis will be placed on gaining a thorough understanding of post-Civil War constitutional amendments and federal civil rights legislation, particularly Section 1983. The course will also investigate some aspects of structural reform litigation, with an emphasis on school desegregation. Intended for students with a strong interest in any or all of the following: constitutional law, civil rights, federal courts, federal/state relations and race relations.

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Economic and Social Rights: Comparative Interntaional Perspectives (PUBR9185)

3 credits. Seminar.

Prerequisites: Constitutional Law or Constitutional Law I & II.

Within the Anglo-American common law and constitutional tradition, rights are generally understood to mean individual civil and political rights or rights that guarantee or protect, at best, “negative” liberty. Largely excluded from the dominant “rights talk” and marginalized in mainstream constitutional doctrine are understandings of rights that include economic and social rights or guarantees of positive entitlement to public resources to meet basic human needs like health, education, shelter, food, and economic security. The seminar will examine the philosophical roots and doctrinal manifestations and implications of this dichotomous treatment of rights within the Anglo-American legal tradition; survey international and regional human rights instruments and institutions, as well as comparative national constitutional systems (including, within the United States, state constitutions), that recognize and protect various economic and social rights; and examine the strategies and problems of enforcement and implementation and other challenges associated with economic and social rights. Students will be required to write an AWR paper.

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Disability Law (HLTH7514)

3 credits. Lecture.

The 43 million Americans with disabilities are engaged in public activities on a daily basis. Many work, take public transportation, use public accommodations and government services. This course will examine the legal standards that guide the treatment of people with disabilities in many areas, including public accommodations, governmental services, and employment. We will examine the constitutional and statutory law in this area, and consider the public policy balance driving legal development in this area. A primary focus will be on the Americans with Disabilities Act of 1990, although we will consider other sources of law. We will examine such central concepts as the definition of disability, the remedies available for violations of disability rights law, defenses to claims of disability discrimination, and the jurisdiction of courts to consider private claims against government defendants.

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First Amendment, The (PUBR7908)

3 credits. Lecture.

Prerequisites: Constitutional Law or Constitutional Law I and II.

This course explores the rights protected by the First Amendment to the United States Constitution including freedom of speech, freedom of the press, and free exercise of religion, as well as the amendment's prohibition on laws respecting an establishment of religion. Particular topics may include categories of unprotected or less protected speech, regulations based on the non-communicative impact of speech, power regarding speech when the government acts in capacities other than as sovereign, special procedural protections for speech, the right not to speak, the right of expressive association, regulations of money and speech, the meaning of religion, discrimination against religion or among religions, enshrining or coercing religious beliefs, financial aid to religious institutions, and exemptions for religious observers.

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First Amendment in the Twenty-First Century, The (PUBR9184)

2 or 3 credits. Seminar.

Prerequisites: Constitutional Law or Constitutional Law I and II.

This seminar explores the First Amendment's free speech guarantees in the context of new avenues of communication. It considers whether and to what extent the government can and should regulate communication, asking what is "speech" and what is a "public forum" in modern society. The seminar will examine the struggle to apply an 18th century clause to such modern institutions as the modern shopping mall, the Internet, and cable television, in order to create a fuller understanding of the applications of the First Amendment as the United States moves forward into the twenty-first century.

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Immigration and Naturalization (PUBR7902)

3 credits. Lecture.

This course examines the constitutional basis for regulating immigration into the United States; the history of United States immigration law and policy; grounds for admission and removal of immigrants; refugee and asylum law; the criminalization of immigration law; immigrants’ rights in the workplace and to access education and public benefits; and citizenship and naturalization. In light of the globalization of the economy and the increasing significance of immigration matters and consequences, familiarity with basic immigration law is essential for practice in areas including civil rights law; criminal law; employment and labor law; family law; and international law. In addition to lecture and working with problems, this class incorporates a practical skills component by having students engage in oral arguments; draft legislation; and observe hearings in federal immigration court.

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Law and Sexuality (PUBR9186)

3 credits. Seminar.

Note: Students cannot apply both Law and Sexuality Seminar (PUBR9186) and the course Law and Sexuality (PUBR7915) towards degree requirements.

This seminar/course considers a number of areas in which the law addresses human sexuality. These include privacy, fundamental liberty, the regulation of sexual practices, First Amendment rights of expression and speech, Equal Protection as applied to sexual identity, hate speech, workplace discrimination, the proper role of religion and morality in the legal regulation of sexuality, military policy towards women, gay men and lesbians, access of same-sex couples to the benefits of marriage, civil union or domestic partnership, children in non-traditional families, and gender identity issues. Readings from feminist jurisprudence and other jurisprudential traditions will supplement doctrinal readings. The seminar will cover a more limited number of areas to allow time for the preparation of AWR papers. The course will address more areas and will examine some areas in greater depth.

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New Jersey Constitutional Law (PUBR9170)

3 credits. Seminar.

Prerequisites: Constitutional Law or Constitutional Law I and II.

Note: Students can only apply either New Jersey Constitutional Law (PUBR9170), State Constitutional Law (PUBR9175) or Chief Justice Hughes' Influence on the Development of NJ Law (HIPH9520) towards degree requirements.

This course analyzes the New Jersey Constitution with an emphasis on fundamental rights in the criminal and civil contexts, and procedures and public policies peculiar to New Jersey. It will also compare and contrast state guaranteed rights and federally guaranteed rights. The materials to be studied will be primarily those opinions of the Supreme Court of New Jersey which have made the state judiciary a pioneer in the field of state-guaranteed individual liberties.

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Selected Topics in Immigration Law (PUBR9187)

3 credits. Seminar.

This seminar will examine cutting-edge developments in immigration law and policy, exploring current issues relating to refugee and asylum protection, enforcement of immigration law (including detention policy, immigration raids, and state and local enforcement of immigration law), immigrant workers' rights, and the intersection of immigration law with national security policy. In addition to in-depth coverage of the constitutional, statutory, and regulatory law implicated by these topics, the class will also include significant policy discussion. The class will follow an immigration case currently pending before the Supreme Court, as well as legislative initiatives and proposals aimed at immigration reform. It is recommended, but not required, that students take Immigration & Naturalization Law prior to enrolling in this seminar.

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State Constitutional Law (PUBR9175)

3 credits. Seminar.

Prerequisites: Constitutional Law or Constitutional Law I and II.

Note: Students can only apply either State Constitutional Law (PUBR9175), New Jersey Constitutional Law (PUBR7906), or Chief Justice Hughes' Influence on the Development of NJ Law (HIPH9520) towards degree requirements.

This seminar examines the striking developments that have occurred in state constitutional law over the past three decades. It begins with the history, nature and functions of state constitutions and compares their scope and content with that of the US Constitution. It also explores the unique interpretation problems of state constitutions and their methods of judicial review. It devotes primary attention to the "evasion cases" in which state supreme courts have increasingly relied on their own constitutions (1) to provide greater civil liberties for their residents than required by the US Constitution and (2) to insulate their decisions from US Supreme Court review.

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Consumer Law (PUBR7904)

2 credits. Lecture.

This class will provide an overview of consumer law in the United States with an emphasis on Federal and New Jersey consumer protection. The class will also focus on private actions and the "private attorney general" as well as the use of class action litigation as a vehicle for consumer protection and fraud prevention. It is frequently said that New Jersey has the strongest consumer protection laws in the nation. Moreover, because New Jersey is the corporate headquarters for many significant consumer-oriented businesses including, among others, pharmaceuticals, insurance, banking, telecommunications, and foreign automobiles manufactures. Consequently, the New Jersey courts decide some of the most important and precedent-setting consumer protection-related cases in the country.

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Aviation Law (PUBG8802)

2 credits. Lecture.

This course analyzes major areas of substantive law related to aviation and aviation litigation. It studies the Federal Aviation Act; liability of airlines and aircraft manufacturers; liability of owners and operators of private aircraft, airport owners and the federal government; liability under international treaties such as the Warsaw Convention; jurisdiction, venue and choice of law problems; economic regulation of domestic and international airlines; problems of aircraft noise; and aircraft hijacking.

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Election Law (PUBG7812)

2 credits. Lecture.

This course examines the interaction of law and politics.  Topics covered will include the development of the right to vote, the Voting Rights Act, redistricting, the role of political parties, ballot access, election and campaign activities, recounts (including a review of the 2000 Presidential Election recount), and the regulation of money in politics, including an examination of various proposals for campaign finance reform.  This course focuses both on federal and New Jersey election and campaign finance law.  Students will receive theoretical and practical knowledge of the role that government and courts play in the political process and how that interaction affects campaigns, candidates, and officeholders.

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Antitrust (PUBG8801)

3 credits. Lecture.

NOTE: Students cannot apply both Antitrust (PUBG8801) and Health Care Antitrust (HLTH9513) towards degree requirements.

This course studies legal protection of the competitive system under the Sherman Act, Clayton Act, Federal Trade Commission Act and related legislation. It considers problems relating to monopoly power; "horizontal" restraints on competition such as price fixing and concerted refusals to deal; "vertical" restraints such as resale price maintenance, tying and exclusive dealing arrangements; and limitations on permissible mergers and joint ventures. It explores economic as well as legal implications of federal government regulation of corporations.

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National Security Law (PUBG7805)

2 credits. Lecture.

The course will begin with an overview of the constitutional separation of national security powers, especially as between the branches of the federal government.  The course will then focus on individual topics to provide an overview of the field.  For example, the class will address issues surrounding preventive detention, military commissions, rendition, secrecy and classified information, government surveillance, and criminal law questions arising out of the "war on terrorism."

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Current United States Supreme Court, The (PUBG9181)

3 credits. Seminar.

Prerequisites: Constitutional Law or Constitutional Law I and II.

This seminar will examine the jurisprudence of the current members of the United States Supreme Court by reviewing a number of particularly important decisions in many different areas of Constitutional law rendered by the Court in recent years. Each student will be required to write a paper concerning a Justice of the current court. Since Justice Kagan has only been appointed this past year she will not be considered. Since Justice O’Connor, Souter and Stevens have only recently stepped down from the Court they can be used in addition to the other 8 current justices. The papers will consist of three parts: 1) a significant biographical sketch of the Justice 2) a review of ten important cases that the justice wrote (majority, concurring or dissenting opinions) 3) analysis of the justice's philosophy including the influences which his/her background and experiences had on him or her.

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Financial Institutions (CORP8138)

3 credits. Lecture.

Prerequisite: Business Associations

This course provides an overview of the regulation of the banking and financial services industry.  The class will situate bank regulation in the broader context of other financial institutions, including investment funds, broker-dealers, and insurance firms, and in the context of other national, regional and international approaches to regulation finance. In addtion to covering U.S. banking law basics - safety and soundness, activities and affiliation restrictions, geographic limit, deposit insurance and supervision - the class will consider issues in central banking, resolving complex financial conglomerates, cross-border regulatory cooperation, institutional design for regulating finance, and financial crisis response.

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Energy, Economics and the Environment (ENVR7603)

2 credits. Lecture.

This course explores the legal and economic basis for the regulation of the energy markets. It will provide a brief overview of the history of the regulation of electricity, gas, nuclear, oil, coal and renewable energy (wind, solar, biomass, etc.) generation, transmission and energy distribution issues. The course will describe the role of the Federal Energy Commission, Regional Transmission Organizations, Nuclear Regulatory Commission and state public utility commissions and their statutory authorities. The course will provide an overview of the method of reimbursing utilities through rates. The materials will explore the policy issues associated with deregulation and its impact on energy prices. The course will include new state and federal policy tools to control CO2 emissions produced by energy generators and explore the legal issues associated with trading CO2 allowances. The class will review recent case law on the EPA Sox and Nox trading program. The course will cover three recent Supreme Court decisions involving energy (natural gas facility location, energy contract rights and EPA compliance with the clean air act. The course will review case law and administrative decisions of FERC and Commodities Futures Trading Commission regarding the impact that the over the counter derivative market has had on the price of natural gas because of the activities of hedge funds like Amaranth. The course will review market power and market manipulation in the Energy markets and the steps regulators have taken to prevent abuse of power including merger and acquisition review and conditions. The course will cover the latest developments in energy law and policy such as the impact the Japanese earthquake tsunami will have on the nuclear industry and th future of nuclear energy in the United States. Students will have the opportunity to tour an energy facility, and to submit research to the National Regulatory Research Institute.

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First Amendment Values (PUBR9182EM)

2 credits. Seminar.

Prerequisite: Constitutional Law or Constitutional Law I and II

This seminar examines the first amendment rights of free speech, freedom of the press and freedom of association.  Analysis of landmark U.S. Supreme Court rulings and scholarly commentary will provide the basis for exploring the theoretical antecedents as well as contemporary applications of libel law, hate speech, political speech, campaign finance law, cyber-speech, pornography, obscenity, symbolic speech, freedom of the press, the conglomerization of the media, freedom of assembly and freedom of association.  Students will write an in-depth research paper as well as several short commentaries.

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United States Supreme Court, The (PUBG9178)

3 credits. Seminar.

This seminar will study the development of the Supreme Court of the United States into an institution that, unlike a traditional court, but like a political body, sets its own agenda. In addition, it will examine closely several cases which the Supreme Court has placed on its agenda for this term.  Today, we tend to take for granted that the Supreme Court of the United States possesses the power to set its own agenda by selecting which cases to decide.  Yet for more than one hundred years, the Supreme Court has no power at all to pick and choose which cases to decide, and the current scope of this power took years to develop.  This seminar will trace how this transformation took place, the role of judges in seeking statutory changes expanding their own power, and judicial practice under the resulting statutory changes.  In addition, it examines whether this change is consistent with the classic justification for judicial review and with Hamilton's famous description of the judiciary as lacking will.  Moreover, the seminar explores how this transformation has affected substantive constitutional law, the Justices' understanding of themselves and their role, and the conception of the Supreme Court.  The class will then examine several cases which the Supreme Court has chosen to decide this term.  The class will read the briefs in these cases, as well as a bench memo prepared and presented by a member of the class.  Students will write and present either (1) a paper exploring some aspect of this transformation of the Supreme Court, such as its impact on a particular area of substantive constitutional law; or (2) a bench memo for a case in which the Supreme Court has granted certiorari but not heard argument prior to the start of the semester.  Whichever option is chosen must meet the school's standards for the Advanced Writing Requirement.

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Religion and the First Amendment (PUBR9174)

3 credits. Seminar.

Prerequisites: Constitutional Law or Constitutional Law I and II.

The seminar studies opinions construing the Establishment Clause and the Free Exercise Clause of the First Amendment, with particular emphasis on recent church-state cases. Areas of discussion will include government regulatory and adjudicative powers over religious institutions and persons, religious pluralism, and religious expression in public and political forums.

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Legislation (PUBG7803)

2 credits. Lecture.

This course analyzes the role of statutes in the American legal system, including: legislative function, policy and objectives; legislative organization; influencing legislative action; types of statutes; construction and interpretation; scope of judicial review; codification; repeal.

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State and Local Government (PUBG7804)

2 credits. Lecture.

This course explores the organization and operation of state, county and municipal government.  It considers the relation between state and local governmental bodies and the federal government; reserved powers; home rule and other conceptual frameworks; decision-making processes and allocation of authority and services; and liabilities of governmental entities and officers.

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Administrative Law (PUBG7801)

3 credits. Lecture.

This course studies the theory of administrative actions; administrative process; agency organization; determination and promulgation of the administrative regulations; right to notice and hearing; enforcement; judicial review; standing; and the Administrative Procedure Act.

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Gender and the Law (PUBR9188)

3 credits. Seminar.

Prerequisites: Constitutional Law or Constitutional Law I and II.

This seminar examines gender-based bias in several areas of the law including: spousal abuse; rape; employment discrimination and affirmative action; marriage, divorce and child custody; privacy; and international conventions concerning discrimination. The impact of feminist jurisprudence on the study and development of law will be assessed.

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Law and Education (PUBG7802)

2 credits. Lecture.

 Note: Students cannot apply both Law and Education (PUBG7802) and Selected Topics in Law & Education (PUBG9177) towards degree requirements.

This course analyzes the law governing public and private educational systems. It includes: constitutional issues and recent trends in tenure laws; seniority regulations; rights and responsibilities of parents, students, faculty; due process; search and seizure; substance abuse; Special Education; and attorney fees in school law cases.

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