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Topics in American Federalism (Fahey)
Fall 2019   LAW 982-001  

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Meeting Times/Location
T 10:00AM - 12:00PM
Silverman Hall M28

Faculty
Bridget Fahey

Sharswood Fellow

faheyb@law.upenn.edu
Additional Information

Skills Training
Oral Presentations
Expository Writing

Grading
100% Other (Class participation and a term paper.)

Satisfies Senior Writing Requirement

No

Category
Seminar

Credits
3.0

This seminar explores a series of disruptive trends in American federalism that have accelerated over the last several decades. The course will begin by surveying the relationships that increasingly comprise contemporary federalism, from the traditional interactions between the federal government and the states, to relationships between the federal government and cities, municipalities, and Native American tribes that are often overlooked in discussions of federalism. The course will then explore the major doctrines that govern how the federal government interacts with non-federal governments, how they have changed over time, and how they have been received by scholarly commentators. The course will finally apply doctrine and scholarly critique to several case studies that challenge traditional federalism paradigms—including the Patient Protection and Affordable Care Act and the recent wave of litigation by “sanctuary cities” against the federal government. No prerequisites. Students with all interest areas are welcome.

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.