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History of Privacy and the Law (Lee)
Fall 2020   LAW 930-001  

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Meeting Times/Location
T 1:00PM - 3:00PM

Faculty
Sophia Z. Lee

Professor of Law and History

slee@law.upenn.edu
Additional Information

Skills Training
Oral Presentations
Expository Writing
Other Professional Skills: Students will write discussion questions and have the option of writing shorter essays or an independent research paper. Daily class will provide opportunities for students' active oral participation, ability to debate respectfully, and facilitate group discussions.

Grading
30% Participation,
55% Paper,
15% Other (Discussion questions make up 15% of the grade.)

Satisfies Senior Writing Requirement

With Permission of Instructor

Location

Class meets online.

Course Continuity
Students are encouraged to stay home if you are ill or experience flu-like symptoms. If you miss a class for any reason, it is still your responsibility to make up the work missed.

I offer the following to students who miss class due to illness:

- If you are absent, due to illness or some other unavoidable circumstance, email me and I can ask for volunteers among your classmates to share their notes with you.

- I will make PowerPoint slides or other class materials routinely available on the course site to everyone in the class.

- Please make an appointment to meet with me and I will review/answer questions about what you missed.

Category
Seminar

Credits
3.0

During the mid-twentieth century, the Supreme Court dramatically expanded constitutional privacy protections across a number of domains, from First Amendment rights of speech and association, to Fourth Amendment protections against search and seizure, to a due process right to sexual privacy. Before that, privacy is thought to have been of little concern in constitutional law and American society; to the extent that it was recognized, it was primarily through private law remedies that allowed people to protect themselves from prying by other members of civil society such as their neighbors or the press. In the decades that followed the mid-century’s constitutional revolution, public interest in privacy and its legal protection exploded. Today, however, commentators describe the public’s concern about privacy and its legal protection as eroding. This seminar will study the history of privacy and the law in the United States to test the accuracy of this narrative and to try to understand why certain spaces have been deemed private and worthy of legal protection while others have not, and why this has changed over time. Throughout, we will consider how privacy intersects with race, class, gender, and sexual orientation and consider how debates about constitutional privacy shed light on changing ideas about democracy and governance.

Course Concentrations

Constitutional Law Learning outcomes: Demonstrate a core understanding of constitutional law; Perform legal analysis in the context of constitutional law; Communicate effectively on topics related to constitutional law; Demonstrate an understanding of constitutional law affects other areas of law.

Courts and the Judicial System Learning outcomes: Demonstrate a core understanding of both substantive and procedural issues in the operation of our legal system; Perform legal analysis in the context of procedural issues and the judicial process; Communicate effectively on topics related to procedure and the judicial process; Demonstrate an understanding of how procedural issues and the judicial process affect all other area of our legal system.

Family Law Learning outcomes: Demonstrate a core understanding of family law; Perform legal analysis in the context of family law; Communicate effectively on topics related to family law; Demonstrate an understanding of how family law affects other areas of law.

Perspectives on the Law Learning outcomes: Demonstrate an understanding of how the law affects, and is affected by, the individual course topic; Perform legal analysis in the context of the individual course topic; Communicate effectively on the legal and other aspects of the individual course topic; Demonstrate the ability to use other disciplines to analyze legal issues relevant to the individual course topic, including economics, philosophy, and sociology, as appropriate.

Property and Real Estate Law Learning outcomes: Demonstrate a core understanding of property and real estate law; Perform legal analysis in the context of property and real estate law; Communicate effectively on topics related to property and real estate law; Demonstrate an understanding of how property and real estate law affect other areas of law.

Administrative and Regulatory Law Learning outcomes: Demonstrate a core understanding of administrative and regulatory law and the administrative process, including the role of statutory authorization and work of administrative agencies; Perform legal analysis in the context of administrative and regulatory law; Communicate effectively on topics related to administrative and regulatory law; Demonstrate an understanding of the role administrative and regulatory law play in our legal system and in society as a whole.

Public Interest Learning outcomes: Demonstrate a core understanding of the varied legal aspects of public interest law; Perform legal analysis in the context of public interest law; Communicate effectively on topics related to public interest law; Demonstrate an understanding of how public interest law is connected to and affected by a wide variety of legal and regulatory structures and doctrines.

Equity and Inclusion Learning outcomes: Demonstrate a core understanding of the varied legal aspects of equity and inclusion; Perform legal analysis in the context of topics related to equity and inclusion; Communicate effectively on the legal aspects of equity and inclusion; Demonstrate an understanding of how equity and inclusion are connected to and affected by a wide variety of legal and regulatory structures and doctrines.