BLM_BA21 - United States’ Crises from a Legal Perspective*

Faculty
Robin Herr, Assistant Professor
Course Coordinator
Robin Herr
Prerequisite/progression of the course
This is a class open to all. No previous legal studies are necessary or expected.
Course content, structure and teaching
This course will explore the multiple crises facing the United States today through the prism of U.S. law. The purpose of this analysis is two-fold. First, it will enable the student to understand the basic principles of the U.S. legal system and how the law reflects the actions and norms of American society. Through such knowledge, the student can achieve a deeper comprehension of the problems facing the United States and to evaluate possible avenues of reform.
The course will focus on three areas of crisis: 1. the economy; 2. foreign policy; and 3. democracy.
News about the economic crisis is ubiquitous. But what exactly went wrong, how could it have been prevented and what is the social impact? This section of the course will touch on areas such as company law to see what kind of responsibilities a company has to its shareholders and to the public . It will also scrutinize the regulatory powers available to the government in order to prevent or manage such a crisis. Finally, protections available to those suffering from the economic downtown will also be explored.
The actions of the Bush Administration as part of the war on terror have had legal repercussions both at home and abroad. Within the United States, civil liberties were reduced, including by allowing wiretapping without a warrant under certain circumstances. Outside the U.S., international law was arguably breached through the pre-emption doctrine which led to the invasion of Iraq, and through a redefinition of a terrorist and of torture. Scrutiny of domestic and international laws can help us understand the repercussions of these actions, what protections are actually in place and what are the limits of the law.
The last section of this course will scrutinize the laws that affect the very foundation of the democratic system. The controversy surrounding who won the presidential elections of 2000 was finally ended by the U.S. Supreme Court well after the actual election. Yet questions remain as to the integrity of the democratic system. For example, what laws exist to prevent vote fraud and how effective are they? Nine years later, even more questions have been presented. For example, what rules are in place to prevent undue influence by lobbyists? And what are the constitutionally-mandated roles of the office of the president and the vice-president?
In order to explore these issues, the class will combine lectures with active student participation through class discussions and the arguing of legal cases. Students are expected to complete a written paper which will serve as the final exam.
The course's development of personal competences
  • Improve rhetorical, persuasive and other skills needed to argue successfully both in written and oral form
  • Increase experience in group work
  • Enhance ability to apply legal analysis to critical societal problems
  • Deepen understanding of the role of law in society
Learning Objectives
  • Demonstrate an understanding of the substantive law in critical areas of the economy, foreign policy or democracy
  • Intelligently discuss America’s crises from a legal perspective
  • Successfully and persuasively propose resolutions to these legal problems
  • Thoughtfully reflect on the impact of the law on American society
Type of examination, exam aids and assessment
Home assignment of student´s own choice, 8 pages max., grade according to 7 point scale, no second examiner.
Re-exam is a new home assignment.
Recommended literature
  • Excerpts from Roger Miller, William E. Hollowell, Business Law: Text and Exercises (West Legal Studies in Business, 5th edition, 2007)
  • Excerpts from legal cases
  • Various non-legal scholarly articles
Further details of reading will appear in the semester plan.

Last updated by The electives office 27/08/2009