Legal Conflict in Modern American Society

3 units

Thousands of lawsuits are filed daily in the state and federal courts of the United States. The disputes underlying those lawsuits are as messy and complex as the human, commercial, cultural and political dynamics that trigger them, and the legal processes for resolving those disputes are expensive, time-consuming and, for most citizens, seemingly impenetrable. At the same time law and legal conflict permeate public discourse in the United States to a degree that is unique in the world, even among the community of long-established democracies. The overarching objective of the course is to prepare our undergraduate students to participate constructively in that discourse by providing them with a conceptual framework for understanding both the conduct and resolution of legal conflict by American legal institutions, and the evolution of - - and values underlying - - the substantive law American courts apply to those conflicts. This is, at core, a course in the kind of legal or litigation literacy that should be expected of the graduates of first-tier American universities. Some of the legal controversies that will be used to help develop that literacy include those surrounding the permissible use of lethal force in self-defense, the constitutionality of affirmative action in university admissions, contracts that are unconscionably one-sided, sexual harassment in the workplace, the duty of landlords to prevent criminal assaults on their tenants, groundwater pollution alleged to cause pediatric cancers, and warrantless searches of cellphone locator data by police.