6 FIFTH PART: PUBLIC LAW IMPACTS ON PRIVATE LAW: U.S. & GERMANY COMPARED 6 FIFTH PART: PUBLIC LAW IMPACTS ON PRIVATE LAW: U.S. & GERMANY COMPARED
6.1 Class 20: Friday 4/11 - Introduction to German Constitutional Law and Takings Doctrine 6.1 Class 20: Friday 4/11 - Introduction to German Constitutional Law and Takings Doctrine
Reading(s): Donald Kommers, The Constitutional Jurisprudence of the Federal Republic of Germany: The Federal Constitutional Court; The Basic Law and its Interpretation Donald Kommers, Introductions to Constitutional Structures and Relationships & Basic Rights and Liberties; The Right to Property
6.1.1. Readings: Class 20 (Kommers)
6.2 Class 21: Thursday 4/17 - 14th Amendment limits on private law rules: Hohfeldian rights and privileges contrasted 6.2 Class 21: Thursday 4/17 - 14th Amendment limits on private law rules: Hohfeldian rights and privileges contrasted
Reading(s): NY Times v. Sullivan, 376 U.S. 254 (1964), Epstein Hustler v. Falwell, 485 U.S. 46 (1988) Hudgens v. National Labor Relations Board, 424 U.S. 507 (1976) Singer note Pa. Coal v. Mahon, 260 U.S. 393 (1922) Village of Euclid v. Ambler Realty Co, 272 U.S. 365 (1926) Penn Central Transportation Co. v. New York City, 438 U.S. 104 (1978) Singer note (s. 1-6)
6.2.1. NY Times v. Sullivan; Hustler v. Falwell; Hudgens v. National Labor Relations Board
6.2.2. Singer note; Pa. Coal v. Mahon; Village of Euclid v. Ambler Realty Co; Penn Central Transportation Co. v. New York City; Singer note
6.3 Class 22: Friday 4/18 - The German Doctrine of Horizontal Effect 6.3 Class 22: Friday 4/18 - The German Doctrine of Horizontal Effect
Reading(s): Stephen Gardbaum, The “Horizontal Effect” of Constitutional Rights, 102 Mich. L. Rev. 387 (2003) Mattias Kumm, Who Is Afraid of the Total Constitution? 7 German L. J. 341 (2006) Email correspondence: Kumm & Kennedy, 3/26-7/2008
6.3.1. Stephen Gardbaum, The “Horizontal Effect” of Constitutional Rights, 102 Mich. L. Rev. 387 (2003)
6.3.2. Mattias Kumm, Who Is Afraid of the Total Constitution? 7 German L. J. 341 (2006)
6.3.3. Email correspondence: Kumm & Kennedy, 3/26-7/2008
6.4 Class 23: Thursday 4/24 - The State Action Requirement as a Limit on the Federalization and on the Constitutionalization of Private Law 6.4 Class 23: Thursday 4/24 - The State Action Requirement as a Limit on the Federalization and on the Constitutionalization of Private Law
Reading(s): Shelley v. Kramer, 334 U.S. 1 (1948) Singer, Notes 1,3,7 Civil Rights Act of 1964 Civil Rights Act of 1866 Singer notes 1-4 Lloyd v. Tanner, 407 U.S. 551 (1972) New Jersey Coalition Against War in the Middle East v. J.M.B. Realty Corp., 650 A.2d 757 (N.J. 1994) United Food and Commercial Workers Union, Local 919, AFL-CIO v. Crystal Mall Associates, L.P., 852 A.2d 659 (Conn. 2004) Singer Note 4 Louis Henkin, Shelley v. Kraemer: Notes for a Revised Opinion, 110 U. Pa. L. Rev. 473 (1962)