Summer 1999
1:00 - 2:40 Mondays, Wednesdays, Thursdays
Room 110
Professor Mike DeBow
(205) 726-2434
Internet links
page at www2.samford.edu/~medebow/web.htm
Last updated on July 16, 1999 (November 27, 2013).
Required Texts
Michael A. Berch, Rebecca White Berch, and Ralph S. Spritzer, Introduction to Legal Method and Process (West Publishing, 2d edition, 1992). Note that this is the SAME CASEBOOK used by Professor COLE in his summer class.
James D. Gwartney & Richard L. Stroup, What Everyone Should Know About Economics and Prosperity (James Madison Institute, 1993) (paperback). A webbed version of the text "adapted for Canadian readers" is available at www.fraserinstitute.ca/publications/books/econ_prosp
Jeffrey L. Harrison, Law and Economics in a Nutshell (West Publishing, 1995) (paperback).
Bailey Kuklin & Jeffrey W. Stempel, Foundations of the Law: An Interdisciplinary and Jurisprudential Primer (West Publishing, 1994) (paperback).
John Henry Merryman, The Civil Law Tradition (Stanford U. Press,
2d ed., 1985) (paperback).
Standing Assignment for Every Student, in Every Class Meeting:
Bring at least one question to class each day, related to the material
assigned.
Reading Assignments/Topics for Discussion
June 3 & 7 (Th & M) Gwartney & Stroup,
pp. 1-115; The Schoolmasters' Case (1410); The
Case of Monopolies (1603); Mitchel v. Reynolds (1711).
We will cover the basics of economic theory useful for law study, and
discuss three ancient common law decisions using economic reasoning.
TBA (outside class hours) -- Internet training session
June 9 (W)
The U.S. Constitution;
Kuklin & Stempel, pp. 73-99; Merryman, pp.1-25,
34-38, 80-84, 133-141.
A brief review of the U.S. government's structure and the legislative,
judicial, and executive functions. Merryman provides some legal
history
background, and a comparative perspective on Anglo-American law.
June 10 (Th)
Block v. Hirsh, 256
U.S. 135 (1921).
Applying concepts from the June 9 class, and a first discussion of the
distinction between the "public" and "private" spheres.
June 14 (M)
Village of Euclid v. Ambler Realty Co., 272
U.S. 365 (1926); Penn
Central Transportation v. City of New York, 438
U.S. 104 (1978).
Under what circumstances does the government have the power to
regulate private land ownership? To what extent? What is
the
"police
power"?
June 16 & 17 (W & Th) Kuklin & Stempel,
pp. 5-25, 47-71, 131-168; Kenneth Himma,
"Philosophy of Law," from the Internet
Encyclopedia of Philosophy.
A very brief introduction to several schools of jurisprudential
thought.
June 21 (M)
Kuklin & Stempel, pp. 27-45; Harrison, pp. 56-81.
An introduction to "economic analysis of law," including the economic
explanation of litigation.
June 23 (W) Class will not meet.
June 24 & 28 (Th & M) Harrison, pp. 219-289;
DeBow, 14 Geo. Mason U.L. Rev. 32-57.
A discussion of the economic rationale for government regulation of
private businesses, and to the economic theory of politics (also known
as "public choice" theory).
June 30 (W)
Application of the ideas covered in class June 24 & 28. Half
the class will
read and be prepared to discuss Railroad & Warehouse Commission
v. Chicago, M. & St. P Railway, 38 Minn. 281, 37 N.W. 782 (1888);
the other half will read and be prepared to discuss Javins v. First
National Realty Corp., 428 F.2d 1071 (D.C. Cir. 1970).
July 1 (Th)
Londoner v. Denver, 210
U.S. 373 (1908); Bi-Metallic Investment Co.
v. State Bd. of Equalization, 239
U.S. 441 (1915).
A consideration of the differences between legislative and judicial
proceedings. Why does it matter whether a question is settled in
a court
proceeding or by a legislative body (or by the legislature's agent, an
administrative agency)?
July 5 (M) Holiday -- Class will not meet.
July 7 (W) Class will not meet.
July 8 (Th) Class will not meet.
July 13 (T) Class will not meet.
July 14 (W)
A.L.A. Schechter Poultry Corp. v. U.S., 295
U.S. 495 (1935); Wickard
v. Filburn, 317
U.S. 111 (1942).
A brief investigation of the "Revolution of 1937" and its implications
for
federal regulation of business.
July 15 (Th)
Administrative Procedure Act, 5
U.S.C. sections 551, 553-554, 556-557,
and 701-702, 704,
706; SEC v. Chenery Corp., 332
U.S. 194 (1947);
U.S. v. Florida E. Coast Railway Co., 410
U.S. 224 (1973).
How the federal regulatory machinery has evolved since the New Deal.
July 16 (F)
Am. Textile Mfrs. Institute v. Donovan, 452
U.S. 490 (1981).
The first of two fairly recent Supreme Court decisions reviewing
"health
and safety" regulations announced by federal regulatory agencies.
This
case deals with workplace safety standards. What role does the
Court
play in reviewing the agency's decision? What role should courts
play?
July 19 (M)
Motor Vehicle Mfrs. Ass'n v. State Farm Mutual Automobile Ins. Co.,
463 U.S. 29 (1983).
Same questions as for July 16, applied this time to a decision
involving
regulations setting automobile safety standards.
July 20 (T)
Berch, Berch & Spritzer, pp. 362-391; Merryman, pp. 39-47
An introduction to the issue of statutory interpretation and to the
sources
of authority in making arguments about statutory meaning.
July 21 (W)
Berch, Berch & Spritzer, pp. 391-398; Rector, Holy Trinity Church
v.
U.S., 143 U.S. 457 (1892).
A continuation of the topic of July 19, focused on perhaps the most
famous decision on the question of statutory interpretation.
July 22 (Th)
Berch, Berch & Spritzer, pp. 422-433; West Virginia Hospitals, Inc.
v.
Casey, 499 U.S.
83 (1991).
A discussion of the so-called "canons" of statutory construction and a
review of a recent Supreme Court decision dealing with a problem of
statutory meaning.
July 23 (F)
Review session/Question time (attendance optional).
1:00
July 26 (M)
EXAM, 9:00 - 12:00 noon.
For now, we appear not to have enough time to discuss Dolan v. City
of Tigard, 512
U.S. 687 (1994); U.S. v. Lopez, 514
U.S. 549 (1995) in class. That's a shame, since these two recent
Supreme Court decisions hint that there may now be a majority of
Justices willing to reconsider some of the basic assumptions behind the
growth of federal government authority since the New Deal. Will anything
significant result from these decisions? I may ask
you to read these cases and write a portion of your exam on them -- if
so, you will be able to look at the decisions in writing your answer (or
maybe do it as a "take-home").