Uchicago Legal History

Originalism is an important school of constitutional interpretation and an important field of study. Legal and public debates regularly contain originalist arguments or criticisms of originalism. To use these arguments, lawyers and citizens must weigh the merits of a variety of originalist theories. Prerequisite: a course in constitutional law. The introductory session will provide an overview of the historical factors of racial segregation in Chicago, as well as the major contemporary racial, socioeconomic, administrative, and political dynamics in the city. Following this introductory meeting, each subsequent session is chaired by a different faculty member and focuses on examining how key laws, policies, and legal institutions in a particular area of law create or exacerbate the social ills associated with racial segregation. In previous years, meetings have focused on criminal law, policing, environmental justice, human rights, corporate law, education and housing. Each session presents a bespoke blend of legal doctrine, interdisciplinary perspectives, and practical perspectives on how law and legal institutions make amends or reinforce a particular social challenge in Chicago today. Many sessions will include either a competency-based component to present how the law works in reality, or a guest speaker to convey the real impact of legal institutions on a community. This year we will follow a similar format, but we will focus on last year`s events. This course examines important topics and interpretations in the history of American law and legal institutions from early Republic to Reconstruction. Among the topics to be discussed are the change of ideas on the Constitution; relations between the Federation and the Länder; the role of federal courts; belonging and citizenship; slavery and race; the Indian Withdrawal and Federal Relations with Aboriginal Peoples Act; and the constitutional and legal consequences of civil war and reconstruction.

The student`s grade is based on a final exam. This course starts the week of January 4, 2021. modern history and historiography of South Asia; postcolonial studies; theory and history; Globalization; Climate Change and Human History This seminar examines the history of American federalism, both as a constitutional value and as a product of intellectual history, from its modern European precursors to the American Civil War. Topics include the legal and political organization of the colonies and the British Empire; early U.S. federal experiments; the American Revolution and the Articles of Confederation; drafting and ratification of the Constitution; the cancellation crisis; Secession; and civil war. Readings will come from primary historical sources, secondary sources in history and law, political theory and cases. Grades are based on a series of short answers and a classroom presentation. Students who wish to take the seminar for three credits must write an additional short research paper of 10 to 15 pages in addition to the rest of the course. Participation can be taken into account in the final ranking. This course covers two separate legal entities relating to the 565 federally recognized Native American tribes in the United States. First, we will examine the law that governs the relationship between non-tribal law and tribal law. It is the law of treaties, federal jurisdiction and sovereignty.

The Supreme Court has several cases on tribal issues every year, and with the rise of gambling and natural resources as major sources of wealth, the stakes in these cases increase for tribal members and non-members alike. Course materials will be primarily Supreme Court cases, as well as historical documents necessary to understand the context of judicial review of tribal jurisdiction. The taste for this part of the course will be international law, but with a decidedly American approach. Second, we will study law in several important tribal areas. The Hopi, for example, have a judicial system roughly parallel to the American system, but with significant differences in dealing with crimes, contracts, misdemeanors, etc. The taste for this part of the course will be comparative law, as we will compare how different legal norms evolve in different but related legal systems. This course is mandatory for students interested in participating in the Hopi Law Practicum (as a law clerk for Hopi Court of Appeals judges in real cases), but it is open to all students interested in tribe, federal jurisdiction, sovereignty, or comparative law. To learn more about the history of the Faculty of Law, please visit the Centennial Archives website, which was celebrated in 2002-03. You might also be interested in this slideshow documenting the opening of the cornerstone of our building in 2009. This course examines important themes and interpretations in the history of American law and legal institutions from the early English colonies to the Civil War. Topics include continuity and change between English and American law in colonial times; the American Revolution; the evolution of the understanding of the U.S. Constitution; the legal status of women and African Americans; Federalism; Commerce; Slavery; and civil war and reconstruction.

The student`s grade is based on a final exam. Brazil, Latin America, Urban Studies, Comparative Law, Poverty and Inequality, Race The law school, which was part of Harper`s original plan but delayed until 1902, was the product of an innovative spirit and dedication to intellectual research. The goal, according to Harper and the faculty members associated with him in the project, was to create a new kind of law school, professional in its purpose, but with a broader perspective than that prevailing in leading U.S. law schools at the time. The new school`s claim was determined by Harper`s concept of legal education in a university environment: legal education «involves a scientific knowledge of law and legal and legal methods. These are the crystallization of the ages of human progress.

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