Summer 2001                                                                                                Fernando Chang-Muy
                                                                                                                     fchang@law.upenn.edu
                                                                                                                        215 668-7111
 Course Description:

This course will explore the law as a mechanism for social change. As advocates, social workers need to critically analyze the use of the law as an advocacy tool and vehicle for empowerment and entitlement. This course will examine historical and current examples of the law in action and critically evaluate its effectiveness in addressing social problems. The course will study the law with regard to its role, the values it reflects, the social context out of which it arises, and in terms of its social functions.

Issues of diversity and social, economic and political inequality are at the core of content covered in this course. This course addresses issues of access to the law for indigent and politically marginalized populations, the role of the law in race relations in the US, race and criminal law, and due process in the criminal justice arena. We examine laws that impact societal response to particularly vulnerable communities such as women, poor people women, immigrants and refugees, and children.

Course Objectives:

Through the close and careful reading of judicial decisions and scholarly materials commenting on socio-legal issues, through class discussions and through written assignments, this course intends to:

1. identify the ideal and real functions of law
2. recognize the influence of behaviors on the law, and of law on behavior
3. recognize some of the most significant legal, sociological and philosophical influences contributing to the
    development of theories of legal interpretation
4. examine the law as a vehicle for social and economic justice
5. incorporate diversity issues and evaluate the strengths and limitations of law for empowering historically
   disadvantaged populations, e.g. racial and ethnic    minorities, economically disadvantaged groups, women,
   children, lesbians and gay men, and the elderly
6. critically analyze the legitimacy and capacity of the law as a means to address social problems

Course Requirements

1. Class attendance and participation. MLSP courses are extremely concentrated and  intense, and much is covered in a very brief time. Consequently, it is very  important that students attend all classes, and come prepared to discuss all of the  assigned readings. Kindly notify me of expected absences; recurring absences  may jeopardize both your grade and your continuation in the course.
2. E-mail account and Subscription to listserve. If you have not already done so, contact the Computing Center (Guild Hall) to obtain an e-mail account and training on the use of e-mail, Newsgroups, and an Internet browser, e.g. Netscape.
3. Midterm  -Assignment:– June 4
 Students will be asked to draw upon class readings and discussions and analyze  the law as a source of social policy.
4. Final exam - Take-home exam - Due Friday, June 22
In this assignment, students will critically examine the legitimacy and capacity of  the law as a mechanism to address social problems.

Required Texts:
The Nature and Functions of Law ed. H. Berman, W. Greiner, S. Saliba.
Readings are in italics
* denotes handout

Class 1
Introduction and course overview
Perspectives on the concept of law - Functions of law - Sources of law - The Constitution, The Legislative, Executive, & Judicial branches at the Federal and State Levels.
 Readings:
1. Law as part of Social Order Text pg 5-7
2. What is Law? Text Pp. 14-34
3. The US Constitution, Articles I, II and III www.findlaw.com
The Legislative and Executive Branches
The Legislative Process - Congress -  Committees - Role of Interest Groups - Growth of the Administrative State -  Administrative law - Regulations - The Legislative/Administrative Connection
Readings:
Federal Law
4. Statutes:  “Senate: Enactment of a Law” by Robert B. Dove
Parliamentarian, United States Senate” www.loc.gov click on Thomas, then click on The Legislative Process, Senate
Regulations:  www.findlaw.com
State Law
5. Statutes:  www.pacode.gov
Regulations: www.pabulletin.com
The Courts in the administration of justice, in interpreting the Constitution, statute and regulations
Readings:
6. Judicial Branches in Federal and State   Text Pp 123-133

Class 2
Civil Law and Procedure
Perspectives on civil law issues and procedure, with a focus on Torts, Contracts as tools that assist or hinder marginalized communities.
Civil Law discussion
Readings:
1. Outline of a “Civil Action” Text Pg 47-50
2. Court jurisdiction Text pp 134-137
3. Civil Procedure Text Pp 142-213
4. Torts:
i. Palsgraff v. LI Railroad*
5. Contracts: Text Pp 487-502;
 i. Riggs v. Palmer *
ii. The Real World, Dworkin*
6. Remedies to breach of contract Text pp 566-627
Others areas of civil law
Alternatives the Adversarial System:
Readings:
7.  Mediation, Negotiation, Arbitration Text Pp 326-345

Class 3
Criminal Law and Procedure
Discussion of second major substantive area of the law: criminal law and procedure and its effects on marginalized communities with a focus on search and seizure and self incrimination
Readings:
1.Requirement in a Criminal Case Text pp 103-105
Courts making social policy: - Law Enforcement and the Courts - Judicial Capacity Statutory Interpretation - Legislative intent - Problems with Policy-making in Judicial, Legislative and Administrative Branches:
Readings:
2. Case Study: Mapp v. Ohio*
3.Search and seizure Text pp 189-192
4. “Sniffin in the boys room”*
5.Terry v. Ohio Text pp 192 -198
6. Miranda v. Arizona Text pp 207-214
Procedure issues in Criminal Cases:
Readings:
7.The Steps in the Criminal Process Text Pp 213 - 240
8. Section 1983 (Police misconduct/immunity/damages) findlaw.com

Class  4
Immigrants and the Law
The changing demographics of client populations as they affect social work; challenges and opportunities for social worker. Discussion of  Immigration: Non- Immigrants/Immigrants; Battered Immigrant Women; Inadmissability/Deportation/Detention; Naturalization
Readings:
1.  The Changing demographics of clients  www.Census.gov
2. The Immigration and Nationality Act See: www.ins.usdoj.gov; www.Census.gov
3. The Code of Federal Regulations www.ins.usdoj.gov;

Class 5
Refugees and the Law
Discussion of a particular vulnerable group of immigrants; refugees, and the policies regarding protection of refugees and the social work challenges refugees highlight
UN Convention; US Refugee Act; Definitions; Procedures
Readings:
1. The UN Convention Relating to the Status of Refugees www.unhcr.ch
2. The 1980 Refugee Act  (section 107 208 and 101(a)(42) of the Act www.ins.usdoj.gov
3. UN Handbook on Procedures and Criteria for Determining Refugee Status See: www.unhcr.ch
Mid Term Assignment

Class  6.
Civil Rights, Equal Opportunity, Affirmative Action, Sexual Harassment
Discussion of labor law, with focus on rights of employees and prohibition of based on protected categories; The Civil Rights Act of 1964;- Legal Strategy in Overturning the “Separate but Equal” Ruling
Readings:
1.Race and the Constitution Text Pp 701-734
2 Plessy v. Ferguson Text pp 705-710
3. Brown v. Board of Education Text pp 721-725; and 731-733
Labor Laws with a focus on Equal Opportunity , Affirmative Action and Sexual Harassment
Readings:
4. The Civil Rights Act of 1964  Text Pp. 734-745
5. The Civil Rights Act of 1964 - Title VI
6. Salvador v. Alabama, S.Ct   www.findlaw.com
7. Whores, Fags and Dumbass Women and Surly Blacks*
8. Judge Motley’sVerdict*
9. Affirmative Action Text pp 770-778
10. Labor Law See; www.eeoc.gov
11. Remedies against Racial Discrimination in Employment Text Pp 748-769

Class 7
Gender and the Law: Women and Battered women and the law
Civil & Criminal Remedies - Pa. Protection from Abuse Act - Violence Against  Women Act of 1994 - Self-Defense & Battered Women’s Syndrome - Charges of   Maternal Failure to Protect
Readings:
l .Protection and Gender Text Pp 780-790
2. Bradwell v. Illinois*
3. Frontiero v. Richardson*
4.Sexual Harassment Text Pp. 795-814
5. Pa. Protection From Abuse Act www.pacode.com
6. Violence Against Women Act www.ins.usdoj.gov

Class 8
Sexual Orientation  and the law
Sodomy laws - Same-sex Marriage - Domestic Partnership
Readings:
1. Bowers v. Hardwick S.Ct   www.findlaw.com
2. Analysis of the Hawaii Same Sex Marriage Case, (Online)  http://www.hawaiilawyer.com/articles/jzbsame.htm
3.  Social Science and the Supreme Court*

Class 9
Discussion of Children and the Law
Exploration of how the law treats children in a myriad of contexts, from family law, to public entitlements, to education
 Readings:
1. Child Welfare and the Law*
2. DeShaney v. Winnebago County*

Class 10
Housing and the Law
Housing Law and the rights of tenants
Readings:
1. The Pa Housing Code www.pacode.com

Class 11
Public Entitlements
The rights of low-income people in the context of public entitlements
Readings:
1. Dependent People: Rights and Due Process*
2. Discussions on Difference Public Entitlements

Class 12
Class Presentations on Labor Law

Suggested additional readings:

Calvi, J. & Coleman (1997) American Law and Legal Systems, 3rd Edition, Upper Saddle River, NJ: Prentice Hall.
Dodd & Schott (1979) Congress and the Administrative State, New York, NY: Wiley.
Johnson (1997) How Our Laws are Made (Online) http://www.thomas.loc.gov
Kairys, D. (Ed.) (1998) The Politics of Law: A Progressive Critique, 3rd Edition , New York: NY: Basic Books.
Karst, K.L. (1993) Law’s Promise, Law’s Expression, New Haven, CT: Yale University Press.
Redman, E. (1973) The Dance of Legislation, New York, NY: Simon and Schuster