In this class we learn about the law by studying its limits. We ask how far the law can go to correct or prevent structural inequality, why these limits exist and then we ask ourselves whether they should at all. More practically we may ask questions like:

• Why aren’t separate bathrooms for men and women considered gender segregation under the law?;
• Why isn’t it illegal for an employer to mandate how an employee should dress while on the job?; or
• Why can churches refuse to hire Jewish people?

These explorations of the boundaries of the law will lead us to an individualized understanding of the law’s role in both ameliorating and perpetuating the conditions of social, political and economic inequality.

In the first half of the class we engage in a legal domain mapping exercise. Students will examine a multidisciplinary range of perspectives, from legal theory and caselaw to philosophical texts and contemporary understandings of the law’s role in advancing structural justice in several sociological contexts, including geography, race, income, and work, labor, and culture. In doing so we will examine how structural inequality is defined under the law, how far jurists are willing to go to address inequality, and how the legal system contributes to a wider structural system of inequity and injustice.

The second half of the class focuses on solutions. We examine novel, groundbreaking cases and doctrine that have “leveled the playing field” for marginalized communities and examine how communities have prospered in the aftermath of certain decisions. Then you will spend some time creating and advocating for your own legal theories: left unchecked, how would you fundamentally transform the legal system to build a better country? How would you justify the public policy decisions like universal basic income, Medicare for all, reparations, or the abolishment of law enforcement within the far more constricted, case-dependent boundaries of the law? What costs would you or society pay for this advocacy?

Why is this class important? Because I believe it is our obligation as teachers and lawyers to equip students with the tools they need to make positive, lasting, and structural change in the communities in which they live. Lawyers are leaders. As a lawyer, will be called “counselor” for a reason - because your highest calling will be to counsel, guide, and care for your community. This class will prepare you fulfill that duty.

Additional Information:
Credit Hours: 2
Grading Option: Pass/Fail Only
Graduation Writing Requirement: No
Flexible/Upper-Level Writing Requirement: No
Skills Requirement: No
Simulation Course: No
Experiential Learning: No
Seminar: Yes
Special Withdrawal Course: No
Limited Enrollment Number: 16
Final Exam Given: No
Paper Or In-Class Presentation: Yes, Final Paper
Participation Points: Yes
Attendance Policy: Per Statement Of Student Policies
Teaching Method: ASU Sync

* The law school has a policy that is used to calculate credit hours. Please see the Statement of Student Policies.