Administrative and Legislative Process

Students will work closely with Administrative Law Judges at the Minnesota Office of Administrative Hearings in St. Paul to gain an understanding of the trial-type contested cases and rulemaking hearings. The class will cover the responsibilities of ALJs under the Minnesota Administrative Procedure Act and consider how due process principles apply to the enforcement and policy-making roles of state agencies. Students will observe contested case hearings and a rule hearing (if available), draft contested case decisions for an ALJ, and write four short externship reflection papers. Pre/CoReq: LAW- 2015 & LAW- 3000

A study of food labeling and marketing related laws in the United States, including FDA, USDA, FTC and state consumer protection laws and regulations, public and private enforcement. The course will include a discussion on free-speech constitutional limitations, claims like [non-GMO, natural, organic] as well as current ethical issues and industry practices. If time permits, aspects of international labeling and marketing will be included.

Law and the Business of Baseball will explore the dynamic relationship baseball and law have enjoyed for more than 200 years. Baseball is a highly legalistic game which involves much more than just the two teams playing. Participants will study the origins of the game and how the rules of baseball parallel statutes. A close examination will be given as to the role attorneys have played in the formation of organized leagues and the roles they have played in labor, management and as players. The course will also examine role of the Commissioner of Baseball, women in baseball, player salaries, franchise relocation's, fan safety, gambling, memorabilia, and youth baseball. Law and the Business of Baseball will strengthen the participants understanding of such core subjects as civil procedure, constitutional law, property, torts, and ethics. Scheduled guest speaks for 2019 include a team owner; a commissioner of a baseball league; chief legal counsel for a baseball team, and an baseball historian and author who is a member of the MLB official rules committee.

Lawmaking is increasingly the result of statutes rather than the common law, so it is critical for lawyers to understand the legislative process and how statutes are interpreted and drafted. This course will examine legislation and legislatures at the national, state, and local levels by focusing on two primary aspects of legislation. The first half of the course will focus on rules affecting legislative service and methods and rules used to pass legislation. This will give students a better understanding of structural aspects of legislatures that impact how legislation gets adopted. Topics discussed in this half of the course will include: case law affecting redistricting; rules and case law related to expulsion and exclusion of legislators; term limits; lobbying restrictions; item vetoes; single subject rules; and direct democracy. The second half of the course will focus on the interpretation and implementation of statutes and ordinances. We will examine the canons of construction and extrinsic sources for statutory interpretation, such as committee reports and sponsor statements. Students will also learn concepts related to drafting statutes. This is a HyFlex course that will meet at the listed times. We are planning for a portion of the students to participate in-person and a portion to participate remotely and synchronously.

LGBTQ+ identities have never not been controversial in our society, and that controversy extends to the ongoing evolution of health law and policy affecting LGBTQ+ individuals and communities. This course will explore the history of medicalization of LGBTQ+ identities and the ongoing effects of this approach – for better and worse. We will examine the legal and policy implications of such topics as the HIV epidemic, gender-affirming care, “conversion therapy,” access to care in prisons and similar settings, approaches to intersex individuals, and other current relevant topics. Students will be introduced to an array of contract, administrative, statutory, and constitutional principles, as well as non-governmental policy (e.g., health insurance) analyses, which can and have been brought to bear on these subjects, with a (non-exclusive) emphasis on circumstances in Minnesota. Finally, we will discuss some of the real-life considerations legal advocates make as they develop their advocacy strategies.