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EQUALITY IN
AMERICAN LAW (PUBR9173)
2 or 3 credits. Seminar.
Prerequisites: Constitutional Law or Constitutional Law I and II
This seminar will examine the development of the concept of
equality in American Law. To explore how the concept has worked in
practice, the seminar will focus on two areas in which people have
sought to use the courts to seek their vision of equality:
education and environmental justice. The seminar will explore the
litigation strategies that led up to Brown v. Board of Education
as well as post-Brown efforts both to implement that decision and
to extend constitutional protections beyond race. The seminar will
also examine the legal efforts, both statutory and constitutional,
to respond to claims of environmental racism. Readings will
include a history of the Reconstruction Congress and the passage
of the Equal Protection Clause, case law construing the Equal
Protection Clause, and such works as Dumping in Dixie, by Robert
Bullard, which examines community struggles for environmental
justice, and There Are No Children Here, which describes several
schools in poor communities.
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