AMERICAN LEGAL HISTORY
Rutgers, Newark: Spring 2012
History 21:512:366
Time: Monday 2:30-3:50, Wednesday 1:00-2:20
Location: Conklin Hall 455
Professor Whitney Strub
Office: 306 Conklin Hall
Office Hours: Monday 1-2, Wednesday 11:30-12:00, and by appointment
Email: [email protected]
Course Description:
In this course, we will examine America’s modern legal history, from the late 19th
century through the turn of the 21st century, approaching it on two (very interweaving)
levels. First, the institutional/ structural level: how has law operated, and how has it been
organized? Next, the social/political level: what has the law meant, in specific historical
circumstances? How has it reflected and/or produced economic, class, racial, and gender
hierarchies? Which groups has it benefitted, and which groups have challenged or
resisted the law? To explore these questions, we will look at both case law and its
historical contexts. Our readings will emphasize primary documents, so that we can
engage directly with the raw materials of legal history. Major themes will include the rise
and fall of what is known as classical legal thought, freedom of speech and other civil
liberties, race, gender, sexuality, and the rightward turn of the Supreme Court in recent
decades.
Note: This course does not require any prior legal training or knowledge, nor is it
primarily designed as a pre-law course (though it may of course be useful for that). It
does assume a broad familiarity with U.S. history, though I will historically situate our
material in lectures.
Course Objectives:
1. To become acquainted with the basic themes and developments in American Legal
History;
2. To develop critical thinking skills about the interplay of law, politics, and social
history;
3. To develop interpretive skills with regard to historical legal documents;
4. To provide a historical perspective that facilitates better understanding and analysis of
contemporary legal issues by grounding them in the debates of the past.
Course Requirements
1. Attendance: this is mandatory. You must show up for class, on time, having read the
day’s assigned material and being prepared to discuss it.
2. Midterm exam, held Wednesday, March 7.
3. Short essay, critically examining a case we’ve examined in more detail by juxtaposing
a Supreme Court opinion against its lower-court basis. A full assignment description will
be handed out well in advance. (Due Monday, April 9 in class).
4. Final exam, cumulative, Monday, May 7, 3-6 pm.
5. Short in-class writings/quizzes
Grading
Midterm: 25%
Short essay: 20%
Final: 30%
Short writings: 15%
Participation: 10%
Required Text
Mark Weitz, The Sleepy Lagoon Murder Case: Race Discrimination and MexicanAmerican Rights
All other assigned readings will be posted on the course Blackboard.
Attendance Policy
Attendance is required. Missing more than four meetings will result in the lowering of
your course grade by a mark (i.e., B to B-); more than six absences will entail a full-grade
deduction; and more than eight results in a failing grade; any student who misses eight or
more sessions through any combination of excused and unexcused absences will not earn
credit in the class. Arriving more than five minutes late will count as an absence for each
time after the third incident.
There will be no make-ups for missed in-class work, except in the case of documented
medical/family emergencies or school-sanctioned extracurricular activity. Observance of
recognized religious holidays will count as excused absences, but must be cleared with
me at least two weeks in advance; without that advance notice, they will not qualify as
excused.
Policy on Academic Integrity (Cheating and Plagiarism)
You are expected to be familiar with and adhere to the Academic Integrity Policy,
available at http://academicintegrity.rutgers.edu.
Plagiarism will not be tolerated. Any use of the ideas or words of another person without
proper acknowledgment of credit will result in penalties up to and possibly including a
course grade of F. Likewise for cheating on exams; these are behaviors for which I have
no sympathy, and should they occur, they will be handled in a suitably draconian manner.
Note that the uncited usage of uncopyrighted material such as Wikipedia entries still
constitutes plagiarism.
Policy on Disabilities
This course is open to all students who meet the academic requirements for
participation. Any student who has a need for accommodation based on the impact of a
documented disability should contact the instructor privately to discuss the specific
situation as soon as possible. Students should contact Assistant Dean Genevieve Sumski
at (973) 353-5300 to certify documentation of disability and arrange for appropriate
accommodations.
Policy on Classroom Courtesy
Do not bring food, active cell phones, or other communications devices into the
classroom. If you mistakenly do bring an active phone and it rings, silence it
immediately; answering will constitute an egregious violation of this course’s basic social
contract. Texting in class will also result in drastic penalties to your total course grade.
In class discussions, I expect universally respectful interactions.
Failure to abide by these rules may result in a lowered participation grade, or removal
from the classroom.
Policy on Office Hours
My office hours are for you. Stop by with any questions you have about assignments,
readings, classroom discussions, other pertinent topics, or just drop by to chat. The only
thing I discourage is visiting to cover material from a missed class period; for that,
consult fellow classmates. All else is warmly welcomed. If your schedule conflicts with
my office hours, we can set up an appointment at a mutually agreeable time.
Tentative Syllabus of Readings and Assignments
Jan 18 (Wednesday): Introduction
Transforming the Fourteenth Amendment
Jan 23 (Monday): U.S. Constitution through the 15th Amendment; brief selections from
Slaughterhouse Cases and Munn v. Illinois
Jan 25 (Wed): Plessy v. Ferguson
The Emergence of Classical Legal Formalism
Jan 30 (Mon): U.S. v. E.C. Knight Co., In re Debs, Allgeyer v. Louisiana
February 1 (Wed): Lochner v. New York
Feb 6 (Mon): Muller v. Oregon, Coppage v. Kansas, Adkins v. Children’s Hospital
Feb 8 (Wed): Schecter v. U.S., U.S. v. Butler, Carter v. Carter Coal Co
Feb 13 (Mon): West Coast Hotel v. Parrish, NLRB v. Jones & Laughlin Steel Corp.,
Carolene Products footnote 5
Towards Free Speech
Feb 15 (Wed): Patterson v. Colorado, Schenck, Abrams, Debs
Feb 20 (Mon): Gitlow, Whitney, Near
Race and the Legal System
Feb 22 (Wed): Weitz, The Sleepy Lagoon Murder Case, pp.1-58
Feb 27 (Mon): Weitz, The Sleepy Lagoon Murder Case, pp.59-130
Feb 29 (Wed): Weitz, The Sleepy Lagoon Murder Case, pp.130-end
March 5 (Mon): Korematsu v. U.S.
March 7 (Wed): MIDTERM
MARCH 10 – MARCH 18 ENJOY SPRING RECESS
***DUE DATE FOR PAPER: MONDAY APRIL 9
AFTER MIDTERM: Precise syllabus to be announced (to be determined with class
input)
Topics: Civil rights; Warren Court liberalism; Cold War legal politics;
Gender/Sexuality/reproductive rights; Rightward turn in the courts
FINAL EXAM: MONDAY, MAY 7, 3-6 PM