G53.2358: Sociolegal Studies I: The Sociolegal Seminar
(graduate). The central intellectual goals of the seminar are to: 1) survey
approaches for understanding the relationship between social and legal thought;
and 2) study their methodologies. The readings examine the extent to which
social science and law have common theoretical and methodological foundations.
We will focus on analytical, doctrinal, institutional, and philosophical
perspectives and approaches to the study of law and society. The interface
between legal and social, cultural, economic, and political phenomena is studied
through critical debates and from historical and comparative perspectives.
Students are expected to develop a competence in the languages and discourses of
both law and social science and to begin working independently in this
transdisciplinary field. The seminar provides students with a rudimentary
knowledge of methodological issues, choices, and strategies, which will be
supplemented with in depth methods training in subsequent courses. (Spring
2004)
G53.2355: Politics of the Legal Order
(graduate). This course focuses on the role of law in politics and the politics
of law. It provides an overview of approaches that shape the theoretical and
empirical contours of the public law field and contribute to multidisciplinary
law and social science studies. We examine institutional, judicial behavior,
legal impact, dispute processing, ideological, and neo-institutional
approaches. We study multidisciplinary political movements and debates, such as
liberal legalism, legal realism, legal pluralism, law and society, law and
economics, feminist jurisprudence, critical legal race theory, and interpretive
sociolegal theory. In the course of studying these approaches and debates we
focus on legal and political development, legal institutions, judicial politics,
litigation, and legal-political mobilization. Our objective is to investigate
both the politics of law and the law of politics. (Fall 1998)
G53.2356: State, Law
and Politics in Society (graduate). This seminar is concerned
with relationships between law and state power. One central theme is how law can
usefully be viewed as autonomous from state political powers, even when it is
enforced through state institutions and is an expression of state policies, as
well as other interests in society. We examine a number of theoretical
perspectives and methodological approaches to thinking about this large
question. We also turn to literatures on American Political Development and
Comparative and Global Perspectives to ground, and analyze, state theory and law
questions. Specifically, we work through: historical and comparative studies
of law and state formation/development; scholarship on the institutional
autonomy of the legal profession, administrative agencies, and the judiciary;
and research on the mobilization of law by social movement. In all these areas
we examine the political economy of law, its jurisprudential tendencies, trends
and regimes. NOTE: This seminar is taught in the Law School and thus follows
the Law School Schedule (see http://www.law.nyu.edu/newscalendars/
). For Fall 2004, the first class meets on Tuesday, August 31, 2004 at
4:05-5:44 in Furman Hall, Rm. 324, located at 245 Sullivan Street.
V53.0354:
The Politics of Administrative Law (undergraduate). This course is about
the law of administration and the politics of regulation it constitutes.
Administrative law is a body of law governing the ways state institutions and
regulatory agencies make, implement and enforce policy. Although in public
discourse we tend to hear more about conflicts concerning judicial decision
making, we daily interact with people who interpret, make and in some cases are
even governed by administrative law. We are also increasingly finding that
traditional administrative law issues involve constitutional claims, such as
hiring and firing of government employees, the provision of social welfare
benefits, implementation of deregulation policies, licensing nuclear waste
dumps, etc. This class examines the legal ideology of administrative doctrine
and processes. In particular, we focus on the political, social and economic
disputes that shape and are shaped by administrative law. We study classic
debates such as, the historical origins of regulation, the legal philosophy of
administrative regulation, the relationship between courts, legislatures and
agencies, and we examine the political, economic and social context that affects
regulatory politics. (Spring 2004)
V53.0335: Law and Society (undergraduate). This course
is an introduction to the study of law as a political practice. We treat law as
a political practice from a multiple disciplinary standpoint, examining how law
and a range of legal institutions embody and constitute political, cultural,
economic and social forces. We examine the mobilization of rights, the use of
litigation and vernacular legal discourse, largely within the context of the
United States, but with reference to transnational struggles. In the course of
doing so, we study the relationship between making social policy and the use of
litigation by social movements. Specifically, we study litigation strategies at
the appellate and trial levels by focusing on three sociolegal movements: the
civil rights movement; the women's movement; and class action tort cases. What
are the political dimensions of legal arguments and legal remedies for racial
and gender discrimination and toxic torts? Under what conditions law is an
empowering and/or effective political resource? What are the limits of legality
in the making of social change? (Fall 2006)
V53.0330: The American Constitution (undergraduate).
This course examines the Constitution, the legal construction of
public-governing institutions and rights, and the politics of legal authority.
We will also study constitutional interpretations of state power (national,
state and local) and the role of constitutional law in the development of the
American political economy. Particular attention will be given to how the
Supreme Court interprets institutional powers and how it shapes constitutional
politics. (Fall 2006)
V53.0332:
Civil Liberties (undergraduate). This course seeks to locate civil
liberties issues in American politics by examining political and legal debates
about constitutional liberty and equality. We will pay particular attention to
the problem of tolerance in a constitutional democracy. The course integrates
political, social and doctrinal analysis. You should read all the required
materials before class and be prepared to discuss it and to raise questions you
have about the readings or lectures. When you study court cases, be prepare to
discuss the facts of each case, the arguments and the reasoning applied by the
justices. Participation in class discussion is important not only for the final
evaluation of your work, but it is one way of learning the "logic" of legal and
political discourse. (Spring 1995)
V53.0336:
Gender in Law (undergraduate). This course analyzes the construction of
gender politics in law. The objective is to study the historical conditions and
political effects of mobilizing law as an arena for protecting certain gender
identities and not others. The course examines the relationship between gender
politics, legal theory and social policy. We will study social movement
mobilization of law to reform notions of gender in law and society by focusing
on: the pay equity movement; the feminization of the legal profession; and
reproductive regulation in toxic workplaces. The course examines both bodies of
law that gender social relations and how law regulates "the body" in the more
literal sense of the word, such as regulation of reproduction and regulation of
consenting sexual acts. We will also study under what conditions law is and is
not an effective political resource for identity politics.(Spring 1996)