American Legal History, 1930 - 2000: The New Deal, The Rights Revolution and Conservative Reaction

This course examines major transformations in American law brought about by the momentous social and political movements of the mid- to late 20th Century. Part I deals with the response of Franklin D. Roosevelt's New Deal to the economic catastrophe of the Great Depression. The New Deal resulted in a major expansion -- against the resistance of conservative courts -- in the size and responsibilities of the Federal government to regulate the economy and secure citizens against risks of unemployment, sickness and old age. Part II covers the expansion of the New Deal after World War II to new forms of welfare and regulation (such as Medicare and environmental law) and what we now call the Rights Revolution --movements of subordinated or marginalized groups to claim equal rights (African-Americans, women, the disabled, gays and lesbians) or fair treatment by government (criminal suspects, welfare recipients, mental patients, prisoners). Part III: Both the New Deal and the Rights Revolution provoked fierce political reactions in which the modern conservative movements arose and came to power. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: Class Participation, Attendance; Exam or Final Research Paper. Cross-listed with History (HISTORY 51G & 151G).