February 3, 2015
PA5122: LAW AND PUBLIC POLICY
Humphrey Institute of Public Affairs
Section 01, Spring Semester 2015
Instructor
Adjunct Professor Mike Freeman, J.D.
Email: Michael.Freeman@co.hennepin.mn.us
Telephone: (w) 612-348-6221
Office hours by appointment
Teaching Assistant Janette Davis
Email: davi1713@umn.edu
Telephone: (c) 952-240-2858
Office hours-Tuesdays from 2:30-5:30
in Cubical P
Classes
Tuesdays 6:00 to 8:45 January 20, 2015 in Classroom: HHH 30
Overview
This class, which I describe as “Law and the Making of Public Policy,” will provide public policy
graduate students with the history, logic and analysis of the law necessary to help use law as a
tool to impact public policy. We will review American law from a historical perspective, but
primarily focus upon comprehending how political, judicial, legislative, and administrative actions
change and frame public policy.
Initially we will develop a basic understanding of legal terms, case analysis, the development of
judge-made law, and the writing and interpretation of statutes. We will not learn how to
“practice” law; instead we will learn how to use the law to accomplish our public policy goals.
Then we will concentrate on how “law” provided the framework and structure to help make
profound public policy changes in several areas such as Labor Law, Gender Equity and Racial
Equity. For example, we will trace the struggle for Gender Equity from the Seneca Falls
declaration in 1848 to establishment of profound rights in Title VII of the Civil Rights Act of 1965.
We will also focus on the first Ten Amendments to the U.S. Constitution – the Bill of Rights, from
the origin, changes over 200 years and their meaning today.
Finally, we will review how the struggle for Gay Rights has evolved – how movement toward
acceptance of gay rights has ebbed and flowed and continues to do so today. We will shift
gears to understand our relationship with Native Americans and their view of law. Did our
systems work, did they meet our expectations or did they fall short.
Other non-Humphrey graduate students, law school students who want a breath of fresh air,
and mature upper class undergraduates are welcome to contact the instructor about joining us.
Other such students have enjoyed this course in the past.
February 3, 2015
My classrooms have always been lively forums for discussion, debate and enlightened
exchange of ideas. If you like active learning and engaging debate you will do well here.
Texts Required
Abadinsky, Howard. Law and Justice Sixth edition. , Upper Saddle River, New Jersey 07458:
Pearson Prentice Education, Inc., 2008 (*Out of print but many copies available new and
used on www.amazon.com*)
Bodenhamer, David J. and Ely, James W. Jr. ed. The Bill of Rights in Modern America Revised
and Expanded. Bloomington Indiana: The Indiana University Press, 1993, 2008.
Berg, Tom, Minnesota’s Miracle, Learning from the Government That Worked, Minneapolis,
Minn: University of Minnesota Press 2012.
Berman, Harold J., Greiner, William R & Saliba, Samir N. The Nature & Functions of Law, Fifth
Edition, New York: The Foundation Press, Inc. 1996. – Introduction to Part Four and Chapters
9, 10 & 11. Reading assignments available on line. No need to purchase this book.
Royster, Judith, Native American Natural Resources Law, Third Edition, Carolina Academic
Press, Durham North Carolina, 2013. The reading assignments are available on-line. No need
to purchase this book.
Remainder of assigned materials will be available for review and/or copying on the class
website being developed.
Reading Assignments
January 20, 2015
Introduction; Briefing a Case
Abadinsky Chapter 1, pages 1-12
Bodenhamer Introduction, pages vii – xii
Bill of Rights pages 1-3 [Handed Out In Class]
Tileston vs. Ullman 318 U.S. 49 (1943) [Bring to Class for Discussion]
January 27, 2015
Systems of Law/History of American Law
Abadinsky Chapter 2, pages 13-42
Abadinsky Chapter 3, pages 43-82
Bodenhamer Chapter 1, pages 7-24
February 3, 2015
Structure of Law & Courts; Appellate Process and Judicial Review
Abadinsky Chapters 6 & 7, read pages 128-174
National Federation of Business v. Sebelius, 132 S. Ct. 2566 (2012) [Obama Care]
Gore vs. Bush 531 U.S. 98, 121 S.Ct.525 (2000)
February 3, 2015
February 10, 2015
Judicial Interpretation and Policy Making
Abadinsky Chapter 8, pages 175-194
Bodenhamer Chapter 2, pages 25-46
Roe vs. Wade 410 U.S. 113 (1978)
Lawrence v Texas 539 U.S. 558 (2003)
MN – Rules of Construction [Handed Out In Class]
February 17, 2015
Criminal Law; U.S. Supreme Court
Abadinsky Chapters 10 & 11, pages 229-306
Fourth Amendment – Search and Seizure
Bodenhamer, Chapter 8 Pages 148-171
Minnesota vs. Dickerson 508 U.S. 365 (1993)
February 24, 2015
Civil Litigation; Class Actions, Fifth Amendment
Abadinsky Chapter 12, read pages 308-342
Fifth Amendment – Property Rights
Bodenhamer, Chapter 6 Pages 108-125 (Scan)
Snyder v. Phelps, 131 S. Ct. 1207, 179 L. Ed. 2d 172 (2011)
Review in class – U.S. Constitution [Handed Out In Class]
Review in class – Minnesota Constitution [Handed Out In Class]
March 3, 2015
Racial Equity
Berman, Harold J., Greiner, William R & Saliba, Samir N. The Nature & Functions
of Law, Fifth Edition. Chapter 10 Civil Rights for Black Americans: Race
Relations Law, 1865-1995. Pages 701 - 779. (Online Reading)
March 10, 2015
Mid-Term – 1 hour
March 16 – 20, 2015
SPRING BREAK
March 24, 2015
Labor Law
Berman, Harold J., Greiner, William R & Saliba, Samir N. The Nature & Functions
of Law, Fifth Edition. Chapter 9 Securing the Fundamental Rights of Labor: From
Conspiracy to Collective Bargaining. Pages 632 – 700. (Online Reading)
March 31, 2015
Gender Equity
Bodenhamer, Chapter 2, Pages 25 - 46
Berman, Harold J., Greiner, William R & Saliba, Samir N. The Nature & Functions
of Law, Fifth Edition. Chapter 11 The Law of Gender Equality. Pages 780 - 814.
February 3, 2015
April 7, 2015
Evolution of LGBTQ Rights
Baker v. Nelson 191 N.W.2d 185 (Minn. 1971)
Bower v. Hardwick 106 S. Ct. 2841 (1986)
Romer v. Evans 517 U.S. 620, 134 L.Ed.2d 855 (1995 & 1996)
April 14, 2015
First Amendment & Right to Privacy
Bodenhamer, Chapters 3 & 4 Pages 49 – 87
Bodenhamer, Chapter 11 Pages 215-240
Griswold vs. Connecticut 381 U.S. 479 (1965)
Citizen United v FCC U.S. 310 (2010)
April 21, 2015
Second Amendment – Right to Bear Arms
Bodenhamer, Chapter 5 Pages 88-107
District of Columbia v Heller 554 U.S. 570 (2008)
Eighth Amendment Cruel & Unusual
Bodenhamer, David Chapter 9 Pages 172-189 (Scan)
Alabama v Miller,132 S.Ct. 2455 (2012)
Tenth Amendment – States’ Constitutional Rights
Bodenhamer, David Chapter 12 Pages 241-253
14TH Amendment – Equal Protection and Due Process
Bodenhamer, David Chapter 10 Pages 190-212
Constitutional Rights Expanded 1936-2005
Bodenhamer, David Chapter 7 Pages 126-147
April 28, 2015
American Native Law – How have the dominant culture treated Native people and their
culture?
Native American Natural Resources Law, Chapter 1, pp 3-49; Chapter 2,
pp 51-88; Chapter 8, pp 459-477.
May 5, 2015
Legislative Process – How it should work
Minnesota Miracle, Learning from the Government that works. Tom Berg.
May 12, 2015
Final
February 3, 2015
As Reference
Election Law and Recent Recount Supplemental Readings
Rolvaag vs. Donovan 119 N.W.2d 1 264 (Minn 1962)
Coleman vs. Franken 767 N.W.2d 453 (Minn 2009)
Format
Each class will begin with a “Socratic level” discussion on the required readings. The second
half may include guest speakers.
Grades
Grades will be based on class participation, a mid-term and a final exam.
Statement on Academic Integrity
Academic integrity is essential to a positive teaching and learning environment. All students
enrolled in University courses are expected to complete coursework responsibilities with
fairness and honesty. Failure to do so by seeking unfair advantage over others or
misrepresenting someone else‘s work as your own, can result in disciplinary action. The
University Student Conduct Code defines scholastic dishonesty as follows:
Scholastic Dishonesty: Scholastic dishonesty means plagiarizing; cheating on assignments or
examinations; engaging in unauthorized collaboration on academic work; taking, acquiring, or
using test materials without faculty permission; submitting false or incomplete records of
academic achievement; acting alone or in cooperation with another to falsify records or to obtain
dishonestly grades, honors, awards, or professional endorsement; altering forging , or misusing
a University academic record; or fabricating or falsifying data, research procedures, or data
analysis.
Within this course, a student responsible for scholastic dishonesty can be assigned a penalty up
to and including an "F" or "N" for the course. If you have any questions regarding the
expectations for a specific assignment or exam, ask.
Accommodations for Students with Disabilities:
The University of Minnesota is committed to providing all students equal access to learning
opportunities. Students who have, or think they may have, a disability (e.g. psychiatric,
attentional, learning, vision, hearing, physical, or systemic), are invited to contact Disability
Services for a confidential discussion at 612-626-1333 (V/TTY) or at ds@umn.edu/. Additional
information is available at the DS website http://ds.umn.edu/.
Classroom Conduct
Instructors are responsible for maintaining order and a positive learning environment in the
classroom. Students whose behavior is disruptive either to the instructor or to other students will
be asked to leave. Students whose behavior suggests the need for counseling or other
assistance may be referred to their college office or University Counseling Services. Students
February 3, 2015
whose behavior may violate the University Student Conduct Code may be subject to appropriate
disciplinary action.
Sexual Harassment by any member of the University community, student, faculty, staff,
administration, is prohibited. To review the complete policy on this issue, view the following
webpage -http://www1.umn.edu/regents/policies/humanresources/SexHarassment.pdf.