Course Descriptions

Spring 2017 Class Descriptions

Judicial Externship (John Sansone)

1 - 6 credit(s), P/F Graded
Requirement(s): Skills
Concentration(s): Criminal Law (LLMG), Criminal Law (LLMC), Employment and Labor Law (JD), Criminal Litigation (JD), Civil Litigation (JD)

The Judicial Externship Program allows students to receive academic credit for working with judges in state or federal trial or appellate courts. Students must work 50 hours per unit of credit, and may enroll for 1-6 credits. In addition to the work component of the program, students are required to participate in an online classroom component through the Blackboard system. The online classroom component consists primarily of the posting of biweekly journals summarizing the externship work during each two-week period. The Faculty Supervisor for the Judicial Externship course will review, comment, and score each posted journal. Students can secure their own externship position or can meet with Professor Shaun Martin for guidance in securing a placement. The externship is graded on a pass/fail basis. Students must receive approval from Professor Martin or Professor Sansone to register for this program.

How to Register For a Judicial Externship For Credit

Note: Students must receive approval from Professor Martin or Professor Sansone to register for this program. There are limitations on JD concentration eligibility. Please check the JD concentration web pages for more information.
Additional Information:JD Concentrations Web Page, Application

Judicial Lawmaking (Edmund Ursin)

3 credit(s), Standard Letter Graded
Requirement(s): Writing
Concentration(s): Civil Litigation (JD)

Judicial Lawmaking examines the lawmaking role of courts. Do courts make law? If so, can this lawmaking by unelected judges be justified in our democratic system? And what if any constraints should be imposed on this undemocratic lawmaking? The focus is not on substantive law. However, in discussing the common law role of courts, examples will be drawn from tort law. Similarly, in the realm of constitutional law, major decisions (Brown v. Board of Education, Lochner v. New York, and Roe v. Wade) will be examined, and we will consider the influence of such decisions on attitudes toward judicial lawmaking generally. A primary focus is the conception of judicial lawmaking embraced—and expressly articulated—by the great judges who have shaped, and continue to shape, American law: Chief Judge Lemuel Shaw, Justice Oliver Wendell Holmes, Justice Roger Traynor, and Judges Henry Friendly, and Richard Posner. The views of these judges are placed in the context of the law and legal scholarship (tort, constitutional, and jurisprudential) of their respective eras. The materials thus span the formative era of American law (the “Shaw era” 1830-1860), the seminal Lochner era, the “Traynor era,” and conclude by examining the contemporary tort scene and the recent jurisprudential writings of Judge Posner.  Successful completion of this course satisfies the written-work requirement.

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