Current Students

Public Law - Protection of Rights

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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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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Animal Law (PUBR9180)

3 credits. Seminar.

This seminar explores a series of topics within the general subject of "animal law".  It examines the extent to which legal systems, litigation, and cultural values impact the ways in which judges, lawyers, legislators, administrators, and laypersons view and treat animals (other than humans).  It not only covers substantive law, but also the background of claims made explicitly or implicitly in law and decisions affecting nonhuman animals.

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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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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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