Constitutional Law

Among other things, the success of Indian gaming and the controversy surrounding the adoption of Indian children have brought new attention to the unique status of Indians and Indian tribes in the American legal system. This course examines the tension between tribal sovereignty and the and the traditional legal and political notions underlying the American federal system.

This course provides a study of the institution of judicial review, the limitations on federal judicial power and the constitutional roles of the legislative and executive branches. Due process and individual rights under the Constitution and the Bill of Rights are also reviewed.

This course examines tort causes of action for defamation and invasion of privacy. It covers both the common law of defamation, including the actions of libel and slander, and the constitutional limits placed on such actions. In addressing defamation, the course will explore the dramatic tension between reputational interests and interests in freedom of speech and expression. Although this conflict may arise in any defamation action, it is particularly acute when media outlets critique public officials and figures. Thus, special emphasis will be given to such cases.

This course surveys the law of mass communications with references to print, radio, television, internet, and other forms of distribution. The subject matter addressed includes the First Amendment, defamation, invasion of privacy and the right of publicity, Federal Communications Commission regulation, advertising and commercial speech, fair use, newsgathering and other relevant subjects. Students interested in pursuing a paid summer fellowship with the Media Access Project in Washington, D.C., and those considering a career in telecommunications, should contact Professor Epstein.

Extensive analyses of the administrative decisions, judicial decisions, statutes, regulations, and informal practices of the Immigration and Naturalization Service, U.S. Consulate, and Manpower Administration are presented in this course.

This course provides a study of the institution of judicial review, the limitations on federal judicial power, and the constitutional roles of the legislative and executive branches. Due process and individual rights under the Constitution and the Bill of Rights are also reviewed.

America has become a carceral state. According to the 2010 U.S. Census, 2.3 million individuals were held in local, state, or federal jails and prisons. We incarcerate a larger percentage of our population than any other nation. Think tanks like the Pew Center on the States observed in a 2008 report that such explosive rates of imprisonment (approximately one in one hundred adults) cannot be sustained because it fails to prevent crime while simultaneously it causes a crippling drain on ever-decreasing public resources.

This course focuses on the basic concepts, nonimmigrant and immigrant visa categories that make up the day-to-day practice of many immigration attorneys. The visa categories covered would be considered the core of any employment based immigration practice. This area of immigration law is often left to new practitioners to discover on their own, or to learn only after they have joined an established immigration practice. This course is designed for students who have a demonstrated interest in the practice of immigration law.

This seminar focuses on the law that relates to the education of children with disabilities. It covers the concept of appropriate education, the right to an education in the least restrictive environment, the entitlement to related services, due process rights, and additional central ideas in special education law. Students will research those topics and others relating to legal entitlements to public school services for children with disabling conditions.