American Legal History (HIST 4515/5515)
Spring Term, 2008
Dr. Phil Roberts
Class Meeting Time: Wednesday, 6-8:25 p.m., History Lounge
Office: 356 History Bldg.
E-mail address: philr@uwyo.edu
Office Hours: M, W, 10-Noon, and by appointment
Phone: 766-5311 or 5101
COURSE OBJECTIVE AND PROCEDURE: This course is designed to provide students with a historical overview of American law. The course will combine common readings from a textbook with general lectures, student-directed discussions, and student reports on outside readings. The reading will be extensive, but not difficult. There is no presumption of knowledge of legal terminology nor is there any assumption that students plan careers in the law. Because the course is designed primarily as a reading and discussion course, relentless attendance is expected.
REQUIRED TEXTS:
Lawrence M. Friedman. A History of American Law. 3rd ed. (New York: Simon and Schuster, 2005).
Occasional assigned cases, articles from history journals, or book chapters on relevant topics. The citations will be announced in class or distributed as photocopies.
Course Packet of readings for final three class periods, available after mid-term..
COURSE REQUIREMENTS: Undergraduate students will be responsible for the common readings as well as for reading two books—one prior to mid-term and the second, after mid-term. Each student will be expected to respond to inquiries relating to the readings as well as to be available to lead class discussion on at least one general section of the common reading during the course of the semester. Substantial penalties will be assessed if a student is not prepared on the evenings that any of the individual recitations are due. Written reviews for the first book will be due on the evening of the mid-term exam; reviews for the second, at the final exam.
ADDITIONAL GRADUATE STUDENT REQUIREMENTS:
Graduate students will read the same common readings as undergraduates, but also be assigned several significant court decisions to read in their entirety. Graduate students will read four individually assigned books for the course. All four written reviews will be due at the final exam.
During the course of the semester, each graduate student will be assigned a topic on which she/he will direct the discussion for the evening. Ideally, this will be done for the topic on which the graduate student will be doing additional reading and/or the term paper. There will be occasions when graduate students will be asked to stay beyond the scheduled class period, for brief information sessions on additional requirements. In no case will these sessions go beyond 9 p.m.
Along with additional items, graduate students will prepare a term paper. The term paper, the topic to be chosen in consultation with the instructor, will be due during finals week. The term paper will require significant research of primary documents as well as other sources such as court decisions. For individuals at distant sites, these materials may take the form of locally filed court documents or materials of a legal nature held in a local library or museum. A substantial penalty will be assessed against late papers.
List of Books for Assigned Readings
EXAMS AND GRADES:
Undergraduates: An in-class, mid-term exam, 30%; book reviews and recitation, 30%; attendance, participation, and informed discussion, 10%; final exam, 30%.
Graduate students: Book reviews, leading discussion, and recitation, 50%; attendance, participation, and informed discussion, 10%; term paper, 40%.
GUEST SPEAKERS: The class may have opportunities to hear brief presentations from prominent individuals in the field of law during the course of the semester. These visits will NOT preempt assigned readings or lectures.
GRADUATE STUDENT TERM PAPER TOPICS:
Term paper topics are numerous and may take a variety of directions. For example, you may wish to write about some aspect of Thurman Arnold's legal career or the Wind River water rights dispute. Your topic may focus on an important lawsuit or the biography of a significant figure in legal history. A list of possible topics, about which primary research materials are available in the American Heritage Center, will be provided to you on request.
WyoWeb:
Beyond these webpages, we will be using the WyoWeb program as a convenient means of communicating materials in this class. For more information about WyoWeb, go to http://ecampus.uwyo.edu, and follow the directions for logging on.
ASSIGNMENTS FROM THE COMMON READINGS AND LECTURES
(Case*: Indicates that assignment will include court decisions to be announced and assigned in advance)
Week 1: (Jan. 16): Introduction.
Reading: Friedman, Prologue, and pp. 3-61
Week 2: (Jan. 23) Early American Law; Law and the Economy
Reading: Friedman, pp. 65-139
Week 3: (Jan. 30) Personal Status, Domestic Relations, Slavery
Reading: Friedman, pp. 140-166.
Week 4: (Feb. 6) Family Law/Law and Religion
Reading: Friedman, 367-389; 576-582; Leonard W. Levy, The Establishment Clause: Religion and the 1st Amendment, Chap. 4.
Week 5: (Feb. 13) Property/Resource Law/The Frontier
Reading: Friedman, pp. 167-206; 253-278; 309-328
Week 6: (Feb. 20) Criminal Law, Prisons and Incarceration
Reading: Friedman, pp. 207-222; 434-462, 567-575
Week 7: (Feb. 27) Labor Law; Law of Personal Injury, Negligence, Tort, Insurance
Reading: Friedman, pp. 222-225; 350-366
Week 8: (March 5) Lawyers, the Bar, Legal Education and Theory.
Friedman, pp. 226-249; 463-500
Week 9: (March 12) Mid-term Exam.
March 19—Spring Break
Week 10: (March 26): Judges and Courts
Reading: Friedman, pp. 279-308; 538-553
Week 11: (April 2) New Deal, Administrative Law, and Business Regulation
Reading: Friedman, pp. 329-349, 390-433, 503-523
Week 12: (April 9) Civil Rights and Race.
Reading: Friedman, pp. 523-537
Cases*
Week 13: (April 16) Civil Liberties
Reading: Materials from course packet, TBA
Cases*
Week 14: (April 23) Media Law, Free Speech, Copyright;
Reading: Materials from course packet, TBA
Cases*
Week 15: (April 30) American Law and the International Community;“War on Terrorism” and Moves Toward an Authoritarian State
Reading: Materials from course packet, TBA
Cases*