Constitutional Law and Civil Rights

The Economic Inclusion Clinic is designed to give students experience in both transactional law and with some exposure to litigation as it pertains to preparation and evidence gathering for economic discrimination cases brought by impact litigation co-counsel. The EIC would focus various areas where there are disparities in access to opportunities, including but not limited to the following: · Financial Literacy Segment. This area would focus on the legal aspects of financial literacy. While I have found multiple organizations providing financial literacy covering what banks are looking for, I have yet to find materials that focus on the legal perspective, i.e., what banks are allowed to actually do and what many claim they are required by law to do. Students would provide financial literacy either in the form of one-on-one legal counsel, or community Know Your Rights workshops, in tandem with community-based partners who would organize workshops with grassroots partners that would recruiting the attendees and clients. Students would also draft model legislation. All deliverables would be combined and shared on the EIC’s website. Students would learn Dodd-Frank laws and regs, get client experience teaching legal workshops, and legislative experience drafting statutes and working with lobbyists and legislatures. · Mortgage Discrimination litigation. The DOJ recently announced a campaign to tackle racial discrimination in mortgage lending. The clinic could work in tandem with this campaign to counsel clients and assist in fact gathering. This would give the students experience both in litigation and transactional law. · Social Entrepreneurship counseling and support. This piece would focus on working with potential existing social enterprises in structuring deals, or those needing legal counsel who are interested in undergoing B-labs certification, state benefit corporation incorporation, or forming as another hybrid business org structures with a double bottom line. Essentially, it would provide the students transactional legal experience working for businesses or nonprofits with a double bottom line of being financially sustainable while addressing an important community-based issue. This clinic is by consent of the instructor. Contact Professor Kim Vu-Dinh kim.vu-dinh@mitchellhamline.edu for pre-approval. Students may not register for more than one clinic during the same semester without the consent of both instructors. Students may not drop a clinic course online later than one week prior to the start of the clinic orientation. Students may drop through the add/drop deadline by using the drop form found on the registrar's website. Students may participate remotely in this clinic, except for the in-person orientation. For students who participate remotely, this clinic is considered a distance education course and credits earned will count toward distance education courses. Students may take up to 41 credits under the 83-credit requirement (43 under the 86-credit requirement) toward their J.D. degree through courses that are designated "distance education courses." For more information about this clinic, students should consult the information on the clinic webpage: https://mitchellhamline.edu/clinics/economic- inclusion-clinic/ A three-day orientation will be required for this clinic; exact details will be provided in the applicant interview. PreReq: LAW- 2015

Covers powers of national government including judicial review and limitations on judicial power, separation of powers, Congress' commerce power, taxing and spending power, and power to enforce civil rights; reserved power of states to regulate and tax commerce; standing of parties and ripeness of disputes. First year/foundational course, no online registration. Course meets in-person.

Teaches advanced legal reasoning in the context of the federal constitutional limitations on the national and state governments including substantive due process, freedom of expression, freedom of religion, and equal protection. Course meets in-person.

This skills course teaches negotiation, drafting, and client counseling in both the transactional and litigation contexts. The course focuses on how lawyers represent clients in negotiating and drafting contracts and settlement agreements. The course also covers ethical issues arising in deal-making. Examples are drawn from actual cases and deals from a variety of contexts, including business, civil rights, employment law, the entertainment industry, public affairs, and general litigation, and applied through simulations, short case studies, exercises, and class discussion.

This course discusses the legal relationship between children, parents, and the state, specifically dealing with statutory and constitutional rights of children and families in the juvenile justice system, civil proceedings of abuse and neglect, and education. It further examines federal and state governments’ regulation of families and children in the context of various cultures, and explores the notions of parens patriae and strict scrutiny and whether there are situations in which the government extends its reach too far. This course will offer students an opportunity to review and discuss the notions of “children’s rights” and “best interests” from various perspectives. Online asynchronous course. Students may take up to 41 credits under the 83-credit requirement (43 under the 86-credit requirement) toward their J.D. degree through courses that are designated "distance education courses."A distance education course is one in which students are separated from the faculty member or each other for more than one-third of the instruction and the instruction involves the use of technology to support regular and substantive interaction among students and between the students and the faculty member, either synchronously or asynchronously. Source: ABA Standard 306(a). PreReq: LAW- 2005

This course examines the many ways in which civil rights laws are enforced and implemented. It is an overview of various areas of civil rights law, including 42 U.S.C. § 1983; the Voting Rights Act; Titles VI, VII, and IX; state human rights statutes and constitutions; and the Americans with Disabilities Act. The course also covers defenses and limitations to liability (including qualified immunity and municipal liability), remedies, and procedural considerations. The course will trace the history of civil rights, analyze different models of civil rights lawyering, and explore the role that litigation can play to promote social justice. The prospects and challenges of transformative lawyering will remain a central theme throughout the course. 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. PreReq: LAW- 1005 & LAW- 2006

Provides an introduction to federal constitutional limitations on governmental power to investigate crime, including stopping and detaining people, arrest, frisks, searches and seizures, custodial interrogations, right to counsel, identification procedures, and confrontation.

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.

There are many under-represented, targeted, or marginalized groups in our communities that face challenges of discrimination and inequity in various areas of public life, among them the transgender community. Although an increasing number of U.S. law schools offer courses on LGBTQ issues or on the intersection of law, sexuality, and identity more generally, very few schools offer courses that focus specifically on the rights and challenges to transgender people. In 1975, Minneapolis became the first city in the United States to pass trans-inclusive civil rights protection legislation. In the nearly half-century since that landmark legislation, transgender rights have moved forward but have also faced a significant backlash both locally and globally. This course examines these two competing trajectories. We will examine global, national, state, and municipal legislation and policies that affect all areas of a transgender person’s life: education, health care, housing, criminal justice, employment, sport, arts, marriage and family, the legal system, and personal safety. Course meets remotely and synchronously. Remote synchronous courses are considered a distance education course and credits earned will count toward distance education courses. Students may take up to 41 credits under the 83-credit requirement (43 under the 86-credit requirement) toward their J.D. degree through courses that are designated "distance education courses."A distance education course is one in which students are separated from all faculty members for more than one-third of the instruction and the instruction involves the use of technology to support regular and substantive interaction between the students and all faculty members, either synchronously or asynchronously. Source: ABA Standards Definition (7) and 306. Pre/CoReq: LAW- 2005

This course will examine constitutional and statutory regulation of the electoral process. We will explore topics including the right to vote and the right to an equally-weighted vote; representation, districting, and partisan gerrymandering; minority vote dilution, the Voting Rights Act, and racial gerrymandering; election administration, vote-counting, voting technology, and voter identification; and campaign finance laws and reform. The final grade will be based on class participation, an exam, and preparation of a paper on a topic selected by the student and approved by the professor. With the professor's prior approval, students may prepare a "long paper" to satisfy the Advanced Research and Writing requirement. You will get three credits if you write a long paper (which you may do even if you’ve already satisfied the long paper requirement) and two credits if you write a shorter paper. This is a seminar course with limited enrollment. Students may take this course for 2 or 3 credits. Students planning to satisfy the long paper requirement in this course, and students who have already satisfied the long paper requirement and plan to write another long paper in this course, should register for three credits. 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. PreReq: LAW- 1005 OR LAW- 2005

This seminar is intended to introduce students to key concepts in evolutionary biology (pre-adaptive and vestigial uses, punctuated equilibrium, path dependence, speciation, etc.) and to explore the extent to which these concepts are useful in thinking about constitutional law and how it evolves. The seminar is also intended to give students an opportunity to pull together on a macro-level multiple concepts that have already been encountered in constitutional law classes as well as in other required courses. Students will be given an opportunity to think "outside-the-box" in considering different philosophical and interpretive approaches to constitutional law as well as to the role of law in society.

An intensive course in First Amendment jurisprudence and theory, focusing on the Freedom of Speech and Press Clauses. Students may take this course for 2 or 3 credits. Students planning to satisfy the long paper requirement in this course, and students who have already satisfied the long paper requirement and plan to write another long paper in this course, should register for three credits. PreReq: LAW- 1005 OR LAW- 2005

This seminar will focus on contemporary issues at the intersection of law, religion, politics, and society. Topics will vary each semester, but may include U.S. court decisions on establishment of religion and religious liberty of individuals and religious bodies, comparative approaches to religious liberty issues, theological, and religious law approaches to legal issues, and jurisprudential issues such as the proper role of religion in politics, lawmaking, and the practice of law. PreReq: LAW- 1011, LAW- 1042, & LAW- 1037

This seminar considers the fast-changing landscape of state and federal law and policy regarding marijuana. We discuss emerging issues, e.g. in banking and employment law, created by its uncertain status in states where recreational use is legal under state law, and potentially will hear from guest speakers including policymakers in the Minnesota Legislature debating allowing recreational use in Minnesota. Students can choose to write a long paper on a variety of related topics, as marijuana policy is an interesting lens through which to consider questions such as state versus federal jurisdiction, individual liberties, compliance design, and drug policy and incarceration.

This class is about the First Amendment and the Free Press. We will discuss a selection of the legal issues generated by the activities of the mass media. We will consider regulations of print, broadcast, and electronic media, including laws that govern obscenity and pornography, laws aimed at balancing free press and fair trial rights, and laws meant to preserve multiple voices in a market. We will explore publication-related issues such as libel and invasion of privacy, and newsgathering-related issues such as the extent of the reporter's privilege and restrictions on access to information. We will examine common law, regulatory law including Federal Communications Commission regulations, and statutory law including the Freedom of Information Act, but the primary focus of the course will be on how the First Amendment limits governmental control over the media. The final grade will be based on class participation, an exam, and preparation of a paper on a topic selected by the student and approved by the professor. With the professor's prior approval, students may prepare a "long paper" to satisfy the Advanced Research and Writing requirement. You will get three credits if you write a long paper (which you may do even if you’ve already satisfied the long paper requirement) and two credits if you write a shorter paper. This is a seminar course with limited enrollment. Students may take this course for 2 or 3 credits. Students planning to satisfy the long paper requirement in this course, and students who have already satisfied the long paper requirement and plan to write another long paper in this course, should register for three credits.

This course analyses the Supreme Court cases, the federal statutes, and the regulations and policies necessary for addressing terrorism, and other major threats to American safety and well-being.

Explores the many ways in which race and the law have interacted historically and continue to interact. Students read and discuss a wide variety of materials, presenting a variety of viewpoints. Materials include historical, social-scientific, critical race theory, and feminist writers, as well as current legal materials. The goal in the seminar is to assist each participant to develop his or her own thinking on this important current issue. Students may take this course for 2 or 3 credits. Students planning to satisfy the long paper requirement in this course, and students who have already satisfied the long paper requirement and plan to write another long paper in this course, should register for three credits.

There is much power in the law. Power to create and take away rights, power to protect, and power to influence. But what if such power directly affected certain groups based on race, gender, sexuality, or all three? Whether that effect is good or bad is a subject of discussion for this course. From the macro aspect of Title VII to the narrowed CROWN Act, the influence of race, gender, and sexuality on the law is ever present. This course will examine the intersection of race, gender, and sexuality. It will include an overview of substanative law and the latest legal developments involving race, sexuality, and/or gender. The primary aim of this course is to study how race, gender, and sexuality have influenced today's laws overtime through the present. This course constitutes a Long Paper Offering. In addition to writing a final paper, you will present about your paper topic to your colleagues in the approved format of your choosing (tradional presentation, op-ed, podcast, etc.).

The Institute of Medicine defines public health as "what we, as a society do collectively to assure the conditions for people to be healthy." Unlike health care, which focuses on medical interventions to improve the health of individual patients, public health takes a broader look at the wide-ranging determinants of population health. Although various interventions have been devised to protect health at the population level, disparities in health outcomes persist, with marginalized communities--racial and ethnic minorities, sexual minorities, low socioeconomic status people--bearing a disproportionate amount of negative health outcomes. These inequitable health outcomes are largely products of structural and institutional factors that are grounded in the law. This course will adopt a critical approach to law--along the axes of race, ethnicity, gender, and sexual identity, and class--to examine how the law creates, sustains, and legitimizes inequitable health outcomes. This critical approach will be used to analyze the legal dimensions of current public health issues, such as the COVID-19 pandemic, the obesity epidemic, tobacco control, healthcare access, natural disasters & climate change, and socio-political determinants of health to challenge students think beyond the traditional paradigms of legal reasoning. Students may take this course for 2 or 3 credits. Students planning to satisfy the long paper requirement in this course, and students who have already satisfied the long paper requirement and plan to write another long paper in this course, should register for three credits. This is a HyFlex course.

This course will examine the ways in which race, gender, and sexuality intertwine to shape the public discourse, law, and, ultimately, society. We will also explore issues related to the experiences of LGBT people of color and their relationship to the dominant LGBT community and movement, as well as racial justice movements. The latter issues relate to broader questions of intragroup and intramural discrimination, and the capacity of any one social movement to represent all people who share a trait, as exemplified by Black feminist critiques of white female control over feminist spaces and male dominance in the Black civil rights movement. We will approach these provocative issues from a comparative perspective. For instance, we will compare the stereotyping of Black male sexuality and queer Latinx sexuality. Pedagogical methods will include reading cases and legal scholarship, analyzing other literary texts, and viewing and critiquing film and television. Questions we will explore together include, but are not limited to, the following: • How do the media represent the sexualities and identities of people of color, BlaQueer people and of LGBT people of color? • How do these representations influence law? To what extent do interracial couplings reduce or reflect racial stereotypes? • Do legal analysis and public discourse regarding "gay rights" issues tend to assume and center white male subject and thus exclude other LGBT experiences? • Are BlaQueer and LGBT people of color best served by working within the dominant LGBT rights movement or Black and people of color movements, or should they develop their own identities, rubrics and movements? • How can heterosexuals and racial-sexual minorities find common ground and build coalitions?