Law and Candidacy (Makhija)
Meeting Times/Location
R 4:30PM - 6:30PM
Tanenbaum Hall 112
Category
Seminar
Credits
3.0
This course covers the law of democracy from the perspective of the candidate. At the end of this course, students will understand “what it takes” to run for—and hold—public office, and, critically, what impact the structure of our often-criticized electoral process has on outcomes for policy and governance. By applying the seminal case law to current political events of the day, we explore the legal, policy, and political issues that guide and confront candidates running for office, and the challenges of elected officials who must govern in a political environment. From the perspective of potential candidates, we consider such issues such as: launching and managing a campaign organization, developing a policy platform and compelling message for a given district, complying with campaign finance and ethics laws, addressing legal and ethical questions peculiar to campaigns and government, and presenting as the candidate to the public. We discuss how these issues differ between municipal, state, and federal contexts, and among challengers, insurgents, and incumbents in diverse electorates. Most classes consist of an initial lecture followed by moderated discussion. In the past, students in this class have convened in small settings with elected officials at all levels, including state attorneys general, members of Congress, mayors, city council members, and the now-President of the United States. Students should be prepared to participate during every class. In lieu of an exam, students will submit a final project for their own potential candidacy, or with permission, a paper on their topic of choice related to law & democracy.
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.
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.
Textbooks
"Election Law in a Nutshell" by Daniel Tokaji |