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Class Notes for Legal Studies at University of Massachusetts Amherst

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LEGAL 250 Lecture Notes - Lecture 6: United States District Court, Town Meeting, United States Senate Committee On The Judiciary

Legal studies Sept 25th Who makes Law? Government actors Federal: congress, president, judges, citizens State: legislature, governor, judges, citizens Local: town meeting, city council, county legislature, mayors, city man...

Legal Studies
LEGAL 250
Lauren Mcarthy
LEGAL 250 Lecture Notes - Lecture 5: H. L. A. Hart, Legal Positivism

Legal studies Sept 20th What is Law? Legal Consciousness: A different critique of Positivism Legal consciousness: all the ideas about the nature, function and operation of law held by anyone in society at a given time. (Tr...

Legal Studies
LEGAL 250
Lauren Mcarthy
LEGAL 250 Lecture Notes - Lecture 4: Lon L. Fuller, Procedural Justice, Legal Positivism

Legal studies Sept 18th What is Law? Natural Law Part II Lon Fuller (19021978) Key assumptions: (on the inner morality of law) Law is the enterprise of subjecting human conduct to the governance of rules Law guides human b...

Legal Studies
LEGAL 250
Lauren Mcarthy
LEGAL 250 Lecture Notes - Lecture 3: Sport Utility Vehicle

Legal Studies Legal Positivism Sept 13th Key assumptions Law is known through the systematic observation of a given society The question of what law is is distinct from the question of what law ought to be A morally neutra...

Legal Studies
LEGAL 250
Lauren Mcarthy
LEGAL 250 Lecture Notes - Lecture 2: Legal Positivism, Positive Law

Legal studies Sept 11th What is Law? ( Natural Law Part 1) Two major schools of thought Positive law theory or legal positivism: law is that which is set forth and identified as law in a given society. Law is analytically ...

Legal Studies
LEGAL 250
Lauren Mcarthy
LEGAL 250 Lecture 1: legal studies lecture 1 (sept 6th)

Representations of Law Legality: the meanings, sources of authority, and cultural practices that are commonly recognized as legal, regardless of who applies them or for what ends. Exists everywhere Law: parts of legality t...

Legal Studies
LEGAL 250
Lauren Mcarthy
LEGAL 250 Lecture Notes - Lecture 3: Pro Forma, Judith N. Shklar, Lon L. Fuller
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Lecture 23 12.6.17 RECAP: Law in Violent Contexts/Deaths Grey Land Why law in war? Order, Morality, Reciprocity...

Legal Studies
LEGAL 250
Professor Gaitenby
LEGAL 250 Lecture Notes - Lecture 22: Military Extraterritorial Jurisdiction Act, Military Justice, Petty Officer
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Lecture 22 12.4.17 Recap Legal Force and Legal Rights Cover: Legitimizing of laws ultimate violence is don...

Legal Studies
LEGAL 250
Professor Gaitenby
LEGAL 250 Lecture Notes - Lecture 21: Equal Protection Clause
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11.29.17 Law, Force, and Legitimacy Law = rules enforced by official power Role of right (rules) and might (enforcement) Jeffersonian: Life, Liberty, and Pursuit of Happiness Law and Order: Obedi...

Legal Studies
LEGAL 250
Professor Gaitenby
LEGAL 250 Lecture Notes - Lecture 20: Rational Basis Review, Equal Protection Clause, Due Process
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Lecture 20 11.27.17 Law and Popular Will (Cont.) Review Just what is popular will and hows it related - if at ...

Legal Studies
LEGAL 250
Professor Gaitenby
LEGAL 250 Lecture Notes - Lecture 19: Popular Will, Fourteenth Amendment To The United States Constitution, Antonin Scalia
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Lecture 19 11.15.17 Law and Popular Will (cont.) Ballot Referenda and Election 16 in Massachusett...

Legal Studies
LEGAL 250
Professor Gaitenby
LEGAL 250 Lecture Notes - Lecture 18: Popular Will, Selective Prosecution, Lady Justice
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Lecture 18 11.13.17 Recap: Vassell Redux Gotanda: Colorblindness and status quo insulation States v. De...

Legal Studies
LEGAL 250
Professor Gaitenby
LEGAL 250 Lecture Notes - Lecture 17: Selective Prosecution, Legal Fiction
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11.8.17 Racial Perspectives on Legal Order Gotanda The Legal Fiction of Colorblind ConstitutionLaw (Recall Justice Harlan in Plessy) Colorblindness as ideology in conflict with claims that race matters The paradox (or sel...

Legal Studies
LEGAL 250
Professor Gaitenby
LEGAL 250 Lecture Notes - Lecture 16: Terry Stop, Frisking, Proliferating Cell Nuclear Antigen
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11.6.17 Recap: Terry Stop n Frisk (Lecture 15) An exception to per se warrant rule: officers of the state, with an articulated and reasonable suspicion that crime has been/or is about to be committed may ...

Legal Studies
LEGAL 250
Professor Gaitenby
LEGAL 250 Lecture Notes - Lecture 15: Proliferating Cell Nuclear Antigen, Determinative, Fourth Amendment To The United States Constitution
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11.1.17 Recap of Lecture 14: Law Enforcement: State/Citizen Encounters and 4th Amendment The narrative of Citizenship has been displaced by that of Protections for Bad Acts (and Actors) Laws ultimat...

Legal Studies
LEGAL 250
Professor Gaitenby

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