University Bulletin 2002-03: Legal Studies Program

University Bulletin 2002-03

An interdepartmental program
Legal Studies

Courses of Study:
Minor

Program website: http://www.brandeis.edu/departments/legal_studies/

The law, one of the most significant institutions in the life of any society, is an important subject of study for all students--especially so in the United States, where our lives are so critically affected by the legal system, and where citizen knowledge and participation are vitally needed.

The law also represents a body of ideas, values, and functions of serious concern to scholars in the various fields of the social sciences and humanities. The Legal Studies Program (Minor) is an interdisciplinary one, designed to offer students the opportunity of studying law not as a subject of professional practice, but as one worthy of liberal inquiry. It examines law from many perspectives: historical, anthropological, sociological, philosophical, political, economic, psychological, and literary.

Through classroom courses and internships in public-service law and health care organizations, the minor combines "real world" experiential education with academic methods and insights. Students considering careers in law or health policy may find the minor a useful way to test their interest in working with legal materials, but the minor is not intended as a preprofessional course of study.

The Legal Studies Minor consists of two tracks: (1) Law and Society and (2) Law, Medicine, and Health Policy. Each track has been designed to function as an integrated whole, but individual courses are open to all Brandeis students who meet the prerequisites.

The Law and Society Track examines the role of law in broad aspects of social life: the public policy process, economic development, and cultural expression. Seminars give students an opportunity to explore, in depth, such fields as international and comparative law, sex discrimination, civil liberties, and environmental safety.

The Law, Medicine, and Health Policy Track examines law and its relationship to medicine and health care policy. Health care issues, such as equitable access to health care and appropriate use of new medical technology, now rank among the major concerns of our society. The Law, Medicine, and Health Policy Track examines the interaction between law and ethical, political, social, and economic factors that affect American health care. This track introduces premedical, prelaw, and other undergraduates to the wide diversity of professionals, institutions, and populations that affect and are served by the American health care system. Its goal is to help all students understand how law and health care are related, comprehend how the political process influences legal decisions and health outcomes, and consider if and how law furthers equity and justice in the delivery of health care.

How to Become a Program Member (Minor)

The Legal Studies Program is open to all Brandeis undergraduates. To enroll in the program, students fill out declaration forms from the Office of Academic Affairs and from the Office of the Legal Studies Program (Brown 325).

Students who complete the requirements of the program for either track receive legal studies certificates and notations on their transcripts.

Committee

Richard Gaskins, Chair
(American Studies)

Jeffrey Abramson
(Politics)

Gila Hayim
(Sociology)

Anita Hill
(Heller School)

Reuven Kimelman
(Near Eastern and Judaic Studies)

Martin Levin
(Politics)

Lyman Stookey
(Legal Studies)

Andreas Teuber
(Philosophy)

Michael Willrich
(History)

Peter Woll
(Politics)

Faculty

Richard Gaskins, Director
American legal culture. Legal rhetoric. Environmental policy.

Lyman Stookey, Associate Director
Health law. Family law. Human services administration.

Requirements for the Program

Requirements for the Law and Society Track

A. Core Course: LGLS 10a (Introduction to Law), preferably no later than the student's junior year.

B. One seminar in Law and Society or in Law, Medicine, and Health Policy; or a seminar (listed with an asterisk) under Departmental Electives in Law and Society. Students normally take the seminar during their junior or senior year.

C. At least three additional departmental electives in Law and Society, no more than two of which may be taken in the same department. Students who take several seminars may substitute all but one for electives. Students who take LGLS 10a for the core course may substitute LGLS 114a (formerly LGLS 14a) for an elective.

D. Either of the following:

1. A Senior Thesis in the student's major, with an emphasis on some aspect of law. In addition to the departmental thesis advisor, an advisor or mentor for legal studies may be assigned.

2. An internship arranged through the program office and the correlative seminar, LGLS 92a or LGLS 92b.

E. A passing letter grade must be obtained in each course taken for program credit. (Pass/Fail courses are not allowed.) Students must achieve a grade point average of at least 2.00 in program courses.

Requirements for Law, Medicine, and Health Policy Track

A. Core courses: LGLS 114a (American Health Law and Policy) and SOC 191a (Health, Community, and Society).

B. Seminar in Law, Medicine, and Health Policy or LGLS 121b, LGLS 129b, or LGLS 132b.

C. Two electives in Law, Medicine, and Health Policy from two different departments. Students in this track may take LGLS 10a as an elective. Students who take several Law, Medicine, and Health Policy seminars may substitute all but one for electives if they also have an elective in another department.

D. Either of the following:

1. An approved internship in a Boston area health care organization and correlative seminar LGLS 92b.

2. A health care law-related senior thesis in the student's major. In addition to the departmental thesis advisor, an advisor or mentor for legal studies may be assigned.

Courses of Instruction

(1-99) Primarily for Undergraduate Students

LGLS 10a Introduction to Law
[ ss ]
Enrollment limited to 200.
Surveys the nature, process, and institutions of law: the reasoning of lawyers and judges, the interplay of cases and policies, the impact of history and culture, and the ideals of justice and responsibility. Usually offered every year. Last offered in the spring of 2002.
Mr. Gaskins

LGLS 92a Law and Society Internship and Seminar
Prerequisites: LGLS 10a and one seminar or departmental elective, or permission of the instructor. Signature of the program administrator required. To obtain an internship, students must discuss their placements with the LGLS program administrator by April 1 for fall term internships or by November 1 for spring term internships. This course may not be repeated for credit.
Biweekly seminar and a supervised law-related internship in a public agency or nonprofit organization. Examples of internship activities include investigating discrimination cases, negotiating between consumers and small business, and researching victim assistance policies. Internships must be arranged through the program administrator. Usually offered every semester. Will be offered in the fall of 2002.
Mr. Stookey

LGLS 92b Law, Medicine, and Health Policy Internship and Seminar
Prerequisites: LGLS 114a and one Law, Medicine, and Health Policy seminar or elective, or permission of the instructor. Signature of the program administrator required. To obtain an internship, students must discuss their placements with the LGLS program administrator by April 1 for fall term internships or by November 1 for spring term internships. This course may not be repeated for credit.
Biweekly seminar and a supervised internship in health care or policy organization, for example, helping Medicaid with new quality control programs, researching health-related laws and services for Latino immigrants in Massachusetts, helping develop models of integrated healthcare networks for the Massachusetts Hospital Association. Internships must be arranged through the instructor. Usually offered every semester. Will be offered in the fall of 2002.
Mr. Stookey

LGLS 98a Independent Research
Signature of the instructor required.
Usually offered every year.
Staff

LGLS 98b Independent Research
Signature of the instructor required.
Usually offered every year.
Staff

(100-199) For Both Undergraduate and Graduate Students

Topical Seminars in Law and Society

All seminars are limited in enrollment and usually restricted to juniors and seniors, with preference to legal studies students.

LGLS 114a American Health Care: Law and Policy
[ ss ]
Not recommended for freshmen.
Highlights issues of access, quality, and cost. Introduces laws and regulations that affect every aspect of American health care from planning and finance to patient treatment. Traces development of Medicare and Medicaid. Discusses malpractice, "birth of the Blues," expansion of HMOs, and influence of employer-purchased insurance on cost and delivery of health care. Portrays the important role courts, Congress, and administrative agencies play in organization and delivery of health services. Usually offered every year. Will be offered in the fall of 2002.
Mr. Stookey

LGLS 120a Sex Discrimination and the Law
[ wi ss ]
Signature of the program administrator required.
Traces the evolution of women's rights in the family, in employment, and in the reproductive process, as well as constitutional doctrines. Examines gender inequalities and assesses if and how the law should address them. Legal cases studied emphasize how law reflects society. Usually offered every third year. Will be offered in the fall of 2002.
Ms. Kramer

LGLS 121b Law and Social Welfare: Citizen Rights and Government Responsibilities
[ ss ]
Signature of the program administrator required.
The U.S. welfare system has changed dramatically. Examines the legal implications of recent debates and changes in social welfare policy at federal and state levels. Concentrating on welfare reform, child welfare, and disability welfare, the class explores the lives of welfare recipients, looks at history, examines statutes and legal cases to challenge assumptions of our social welfare policy and tries to create better solutions. Usually offered every second year. Last offered in the fall of 2001.
Ms. Stimell

LGLS 124b International Law and Development
[ nw ss ]
Signature of the program administrator required.
Surveys public and private forms of international law with special application to developing countries, and to political and social development in the global economy. Examines basic legal concepts of property, contract, and rule-of-law in the context of national and cultural transformations. Usually offered every second year. Will be offered in the fall of 2002.
Mr. Lorite

LGLS 125b International Law, Organizations, and Conflict Resolution
[ ss ]
Signature of the program administrator required.
Introduction to international law, its nature, sources, and application, e.g., its role in the management of international conflicts. Topics may include international agreements, international organizations including the United Nations and the International Court of Justice, states and recognition, nationality and alien rights, territorial and maritime jurisdiction, international claims, the laws of war and human rights. Usually offered every second year. Last offered in the spring of 2002.
Staff

LGLS 126b Marriage, Divorce, and Parenthood
[ ss ]
Signature of the program administrator required.
Examines recent developments in family law concerning cohabitation, open adoption, no-fault divorce, joint custody, and same-sex marriage. Explores social and political developments that bring about changes in law and impact of new law. Usually offered every third year. Last offered in the summer of 2001.
Mr. Stookey

LGLS 127b Law and Letters in American Culture
[ wi ss ]
May be repeated for credit if topic differs. Signature of the instructor required.
Explores interactions between the vocations of law and letters, between the legal imagination and literature. Examines ways in which ideas and ideals of the law have marked the American character, and how literature reflects this process. Various themes and periods may be chosen for special emphasis. Usually offered every second year. Last offered in the spring of 2001.
Ms. Davis

LGLS 128b Comparative Law
[ ss ]
Signature of the program administrator required.
Compares constitutional practices in the United States, the reformed communist nations of Eastern Europe, and the modernizing nations in Asia, Africa, and Latin America. Focuses on the creation and evolution of constitutional structures, problems of federation and ethnicity, and protection of fundamental rights. Usually offered every fourth year. Last offered in the spring of 1999.
Staff

LGLS 129b Law, Technology, and Innovation
[ wi ss ]
Signature of the program administrator required.
Study of interaction of the law and technology, including how law encourages and restrains the processes of technological innovation and change and how technological innovation and change affect the law. Topics include such issues as intellectual property rights and new information technologies, biotechnology engineering, and reproductive technologies. Shows how law balances personal, social, and economic interests. Usually offered every second year. Last offered in the spring of 2001.
Ms. Kramer

LGLS 130a Conflict Analysis and Intervention
[ ss ]
Signature of the program administrator required.
Focuses on the theories of conflict and on dispute resolution management approaches other than litigation. Students will have an opportunity to assess their own attitudes about and skills in conflict resolution through simulations and interactive exercises. Usually offered every second year. Last offered in the spring of 2001.
Ms. Stimell

LGLS 132b Environmental Law and Policy
[ ss ]
Signature of the program administrator required.
Examines public health and environmental problems, including regulation of harmful substances in our environment, wilderness preservation, and protection of wetlands and endangered species. Explores use of risk assessment and cost-benefit analysis; also considers the impact of political ideologies on legislation and adjudication. Evaluates law's efforts and limitations in protecting public health and the environment. Usually offered every second year. Last offered in the fall of 2001.
Mr. Gaskins

LGLS 133b Criminal Law
[ ss ]
Topics may vary from year to year and may be repeated for credit with permission of the program administrator. Signature of the program administrator required.
Examines the criminal justice process, focusing on changing roles of prosecution, defense, judges, and juries. Reviews statutory powers and constitutional restraints on officials, and analyzes discretion in arrest, prosecution, and punishment. Explores the mutual impact of crime and community structure. Usually offered every second year. Will be offered in the fall of 2002.
Mr. Leahy

LGLS 137a Libel and Defamation, Privacy and Publicity
[ ss ]
Signature of the instructor required. A library intensive course.
Consideration of the historical, cultural, and constitutional roots--and judicial application--of laws defining libel and defamation. Part of the course will be devoted to "privacy rights" as they apply to issues of artistic freedom and integrity. Usually offered every fourth year. Last offered in the spring of 1999.
Ms. Davis

LGLS 150a Law and Society in Cyberspace
[ ss ]
Signature of the LGLS program administrator required.
Examines how legal practices expand and restrain the digital revolution, how legal authority itself is challenged by the Internet, forcing new strategies of response, and how social/political forces shape legal policy on copyright, privacy, harassment, libel, and free speech. Usually offered every third year. Last offered in the fall of 2001.
Mr. Katsh

Cross-Listed Seminars in Law and Society

AMST 187a
The Legal Boundaries of Public and Private Life

AMST 188b
Justice Brandeis and Progressive Jurisprudence

PHIL 74b
Foundations of American Pragmatism

Seminars in Law, Medicine, and Health Policy

In addition to the topical seminars below, the following courses also will satisfy the seminar requirement for the Law, Medicine, and Health Policy Track: LGLS 121b, LGLS 129b, and LGLS 132b.

All seminars are limited in enrollment and usually restricted to juniors and seniors, with preference given to premedical, predental, and legal studies major.

LGLS 131b Autonomy and Self-Determination in Critical Health Care Decisions
[ ss ]
Signature of the program administrator required. A library intensive course.
Examines how decisions are made to treat critically ill patients. Ethical and philosophical aspects of the physician-patient relationship, the doctrine of informed consent, "medical futility," "physician-assisted suicide," and "right-to-die" cases will be explored. Usually offered every third year. Last offered in the spring of 2002.
Mr. Stookey

LGLS 138b Science on Trial
[ qr ss ]
Signature of the program administrator required.
Surveys the procedures and analytic methods by which scientific data enter into litigation and regulation/policy making. Introduces basic tools of risk analysis and legal rules of evidence. Case studies of breast implant litigation and regulation, use of DNA and fingerprint evidence in litigation, court-ordered caesarian sections, polygraph testing, alternative medicine, and genetically modified foods. Usually offered every second year. Last offered in the spring of 2002.
Ms. Kramer

LGLS 139b Medical Error and Quality of Care
[ ss ]
Prerequisite: LGLS 114a. Signature of the program administrator required.
Addresses three fundamental issues of responsibility and caring in American health care: How, through law, compensation should be arranged for persons who suffer medical injury; substandard care should be deterred; and, high quality care should be promoted. Usually offered every third year. Last offered in the spring of 2001.
Mr. Stookey

Cross-Listed Seminars in Law, Medicine, and Health Policy

AMST 187a
The Legal Boundaries of Public and Private Life

AMST 188b
Justice Brandeis and Progressive Jurisprudence

Departmental Electives

The following law-related courses given by the various departments are approved for the Legal Studies Program. They are not all given in any one year, and therefore the Course Schedule for each semester should be consulted. Legal studies students are required to take three electives, no more than two in any one department. Departmental electives taught as seminars may fulfill either the seminar requirement or the elective requirement, but not both.

Law and Society Electives

An asterisk (*) indicates that the course may serve as a Law and Society seminar or elective.

AMST 102a
Women and the Environment and Environmental Justice

AMST 160a*
U.S. Immigration History, Policy, and Law

AMST 170a
The Idea of Conspiracy in American Culture

AMST 191b*
Environmental Research Workshop

ANTH 156a
Power and Violence: The Anthropology of Political Systems

ANTH 163b
Economic Anthropology: Production and Distribution

ANTH 164a*
Topics in Economic Anthropology

CHSC 6a
Forensic Science: Colonel Mustard, Candlestick, Billiard Room

ECON 57a
Environmental Economics

ECON 74b
Law and Economics