Public Law - Government Law (PUBG)   

 

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Number Name Credit Type Offering

PUBG7801

Administrative Law

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.



3

Lecture

in-class

PUBG8801

Antitrust

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.



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

2

Lecture

in-class

PUBG8802

Aviation Law

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.



2

Lecture

in-class

PUBG9181

Current United States Supreme Court, The

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.



Prerequisites: Constitutional Law or Constitutional Law I and II.

3

Seminar

in-class

PUBG7812

Election Law

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.



2

Lecture

in-class

PUBG7802

Law and Education

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.



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

2

Lecture

in-class

PUBG7803

Legislation

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.



2

Lecture

in-class

PUBG7805

National Security Law

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."



2

Lecture

in-class

PUBG7804

State and Local Government

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.



2

Lecture

in-class

PUBG9174

Terrorism, Civil Liberties and International Human Rights: Comparative Perspectives

This seminar will examine the challenges terrorism poses to international human rights and individual liberties from a comparative perspective. It will explore how both different countries and international tribunals have  grappled with issues of detention, interrogation, the use of deadly force, rendition, and government secrecy in the context of efforts by governments to combat terrorism.



3

Seminar

in-class

PUBG9178

United States Supreme Court, The

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.



3

Seminar

in-class