Law, Politics, and Society
Note: Each chapter includes a Summary, Suggested Reading, and Active Learning. I. The Origins and Context of American Law 1. An Introduction to American Law: Defining "Law" Norms as Social Controls Laws Distinguished from Norms Law In Action: The Federal Law Against Terrorism and Weapons of Mass Destruction Types of Law in the United States Debate: Can Capital Punishment Be An Effective Deterrent? Controversial Laws Other Actors Standing in the Place of Government The Law in Popular Culture: Strange Fruit Laws Can Change Norms 2. American Law and Legal Theory Normative Theory: How Law Should Function Law in Action: Progressive Era Legislation Struck Down Empirical Theory: How Law Does Function Debate: Can Law and Economics Be Used to Describe and Predict How Criminal Law Functions? The Law in Popular Culture: Mi Vida Loca 3. The Foundations of American Law The Historical Foundations of U.S. Law: The Anglo-American Common Law Tradition The Law in Popular Culture: The Crucible The American Legal System in Flux: The Turn Toward Code Law Law in Action: Common Law in New Jersey The American Legal System: A Blend of Common Law and Code Law Debate: Do Sentencing Guidelines Too Tightly Constrain Judges? Law in Action: The Interaction of Code and Common Law in the U.S. 4. Comparative Context for American Law The Common Law Tradition The Code Law Tradition Law in Action: Opinion of the Constitutional Council with Regard to the Voluntary Interruption of Pregnancy and Contraception Act (2001) Islamic Legal Tradition Debate: Should the International Community Take an Active Role in Responding to the Application of Shari'ah Law in Cases Where This Law Violates International Norms About Human Rights? Socialist Legal Tradition The Law in Popular Culture: Red Corner Legal Anthropology and the Evolution of Legal Systems 5. The United States and International Law International Law Throughout History Sources of International Law Debate: Should the Alien Torts Claims Act Be Used to Combat International Human Rights Violations? Goals of International Law The Effectiveness of International Law The Relationship Between U.S. Domestic Law and International Law Law in Action: International Law in U.S. Courts II. The Institutions of the American Legal System 6. The Structure of and Participants in the American Court System The Structure of the American Court System Law in Action: Fact-Finding in Trial Courts Law in Action: Legal-Analysis and Interpretation in Appellate Courts Participants in the American Judicial System The Law in Popular Culture: Runaway Jury Debate: Is the Lack of Diversity Among Lawyers an Issue That Should Be Aggressively Addressed? 7. The Function of American Courts Courts as Forums for Dispute Resolution Law in Action: How Adjudication Transforms a Dispute The Law in Popular Culture: I Am Sam Alternative Dispute Resolution Lawmaking and Social Change Debate: Did the Victim Compensation Fund Fairly Compensate Victims and Families of the September 11 Attacks? 8. Legislatures and Law-Making Dual Legislative Structure Characteristics of Legislative Law-Making Law in Action: Clarifying Ambiguous Legislation Participants in the Legislative Process The Law in Popular Culture: Mr. Smith Goes to Washington Debate: Do the Lobbyists Own Congress? 9. Chief Executives, Regulatory Agencies, Administrative Agencies, and Lawmaking Executive Orders Law in Action: Controversial Executive Orders--President George W. Bush's Order Establishing the Use of Military Tribunals The Law in Popular Culture: The West Wing Executive Departments and Administrative Agencies Debate: Is Our Federal Bureaucracy Effective in Rule Making? 10. Law Enforcement Personnel and Lawmaking Decentralized Structure and Its Effect on Law Enforcement Police as Law Enforcers and Agents of Social Control Debate: Do the Department of Homeland Security Terror Alert Codes Make Us Safer? The Law in Popular Culture: Gangs of New York Police Discretion Law in Action: Prosecutorial Discretion Guidelines for the Immigration and Naturalization Service (2000) III. Controversial Issues in American Law 11. Law, Race, and Ethnicity Native Americans and the Law Slavery, Jim Crow, and the Antidiscrimination Law Debate: Is the Use of Captial Punishment Inherently Racist? The Law in Popular Culture: Monster's Ball Law in Action: Affirmative Action in Education 12. Law and Gender Immutable Characteristics and Equality Law in Action: Law and Gender Roles Gender Roles Reproductive Rights Gender Identity and Orientation Debate: Should Same-Sex Couples Be Allowed to Marry, and Should States That Don't Want to Allow Same-Sex Marriage Be Compelled to Recognize Those Marriages? The Law in Popular Culture: Boys Don't Cry 13. Law and Class Ideology, Culture, and Class Law in Action: Class Distinctions in the Law and Equal Protection Analysis The Law and Social Class in the United States The Law in Popular Culture: Glengarry Glen Ross Debate: Should Our Taxation Policies Be More Progressive? 14. Law and Medicine Doctors, Patients, and the Law Law in Action: Oregon Death with Dignity Act Law in Action: The Regulation of Medical Marijuana Medical Research and Development and the Law The Law in Popular Culture: Miss Evers' Boys Debate: Should the FDA Have a Central Role in Regulating Pharmocogenomics? 15. Law and Corporations The Role of Law in the Entrepreneurial System Debate: Should the Commerce Power be Defined Narrowly? Corporate Investment and Stock Trading The Law in Popular Culture: The Grapes of Wrath Workplace and Environmental Law Products Liability Law in Action: Tobacco Litigation