The flagship journal is Journal of Law & Economics. Also prominent are the Journal of Legal Studies, European Journal of Law and Economics and International Review of Law and Economics. There are specialized journals in the antitrust area, mainly the Antitrust Bulletin and the industrial organization journals also cover antitrust. The leading publisher in the area, Richard Posner, reviews the field in his recent Frontiers of Legal Theory (Harvard University Press, 2001).

More limited but still relevant areas are “law and literature” and “Critical Legal Studies”. The former is fairly clear, while the latter is a movement aimed at critiquing the prevailing legal theories, and demonstrating how they support current establishment views of race, class and gender.

Within the law schools is the teaching of law per se. This is an enormous field that influences numerous areas of research and of policy. In areas of policy, we would note civil rights, environmental regulation, regulation of health and safety, corporate governance, international trade law, constitutional law, etc. The theory of law, roughly the interpretation of the meaning of the text of laws, and placing them in some real-world context, is important in any university. We are a law-governed society, where the laws are a critical factor in what people do in all walks of life. Legislation is a major national and state activity, and regulations are constantly being produced.

The University of Delaware does not have a law school, but the importance of law means that various forms of law, like that taught in law school, are covered in different departments. These are described briefly below.

The economics department includes Law and Economics at the undergraduate level, and the Economics of Regulation at both the graduate and undergraduate levels. Industrial Organization and Antitrust Policies covers the antitrust laws. Daniel and Koford are members of the Legal Studies faculty, and Daniel has a law degree. Elsewhere in the Lerner College of Business and Economics (in the Finance Department) Professor Charles Elson teaches Corporate Governance, and he is in charge of an active and growing Center for Corporate Governance. Stuart Gillan is teaching a new graduate course in corporate governance, which should be of importance to MBA, finance and economics graduate students. In the Accounting and MIS (Management Information Systems) Department, we have Business Law and also Law and Social Issues in Business. Sheldon Pollack is a lawyer, Ph.D. in political science, and member of the Legal Studies faculty, teaches these courses. There has been a comparable course taught to MBA students, BUAD 840, although since the class is not taught by faculty with a legal background, it has focused more on ethical issues and less legal issues. The current title is “Ethical Issues in Domestic and Global Business Environments”.

In the College of Marine Studies, there has long been a set of courses focusing on International Law and the law of the coastal zone--specifically MAST 674 Legal Aspects of the Coastal Zone, and MAST 678 Coastal and Maritime Law. There are two active faculty members in the law area, Gerard Mangone and Jeremy Firestone, who teach these courses and conduct research. Students in the Marine Policy program are often interested in legal issues. As a result, they are a likely source of potential students for a Legal Studies Certificate. To gather student input, we distributed a Questionnaire, and received 13 responses. 8 said that they were “very interested” in receiving the Certificate, 4 said they were “somewhat interested” and 1 was not interested. A student who was not interested nevertheless stated, “I have little interest in Law (definitely not enough to take 12 credits), but several other students w/different interests in this program would be. I think the certificate is a good idea, but not for me”.

In the School of Urban and Policy Studies, Leland Ware has recently added two graduate courses that are highly relevant to the Legal Studies Program, one in administrative law and the other in civil rights law. His research, largely on civil rights law and the courts, provides considerable strengths for prospective students in the certificate program.

In the Department of Sociology and Criminal Justice, there has long been a substantial group of faculty working on law and society issues, particularly Valerie Hans, Benjamin Fleury-Steiner, Kenneth Haas, Eric Rise and Gerald Turkel. All of these work on the interrelationship between law and the views of different elements of society, and provide a strong core of knowledge in law and society. Hans has focused on juries’ views of law, Rise on the history of Florida courts, racial discrimination in the criminal law, and also on changes in views of freedom of expression, and Turkel on the broad concept of law in its relationship to the social order. The graduate program in sociology is also closely tied to the law and society approach, with three regularly offered graduate courses in this area.

In the Department of Political Science and International Relations, there are two overlapping groups. In the area of American politics, there has been a long tradition of interest in law, civil rights, and constitutional law. This has tied to “law and society” particularly involving gender issues. Faculty involved in law in the U.S. context include Leslie Goldstein, Sue Davis, James Magee, and Richard Sylves. They offer classes in civil rights and civil liberties, constitutional law, public administration with its connection to law, plus law and gender. Their research includes work on the Supreme Court, the Constitution, the history of freedom of speech rights, and gender equality.

Recently, a second core group of faculty involved in global governance has developed, which includes some involved in law-related issues, particularly Mark Huddleston (now Dean), Matthew Hoffmann, and Leslie Goldstein. In addition to these core individuals, several other faculty conduct research on law-related concerns: Kenneth Campbell works on the international law regarding genocide, William Meyer researches international labor rights and the WTO, and Mark Miller looks at law and policy regarding international migration. As this group is developing, particularly in the graduate program, we expect that it will become stronger and have close connections with our graduate certificate program. Our Legal Studies Research Seminar has found significant interest between the faculty in global governance and the legal studies faculty.

In the Department of Linguistics Nancy Schweda-Nicholson teaches two undergraduate courses in the area of language and law, and conducts research in the area of treatment of people who speak foreign languages in the courtroom.

The Department of Food and Resource Economics has one of our most active young faculty, Joshua Duke, who works on environmental law and property rights. His undergraduate course in Environmental Law has been important to the legal studies minor, and it is likely that graduate students in FREC could benefit from the certificate, potentially taking Environmental Law as a special problem (a 666 course). His graduate students would be able to use their MA or Ph.D. research as part of the certificate, and the certificate would distinguish their work from the typical Agricultural Economics degree.

II. Advantages of a Legal Certificate to Graduate Students

The Certificate is available only to graduate students pursuing a Master’s or Ph.D. degree at the University of Delaware; they would add the Certificate to increase their knowledge of law and law-related policy, and as a result provide objective evidence that they have this specific knowledge. Such students would receive degrees in such fields as sociology, criminology, political science, economics, agricultural economics, history, marine policy, or urban affairs and public policy.

The Certificate is likely to be valuable to some graduate students who plan to teach at the college level. It is common in small liberal arts colleges for a faculty member to teach some basic law courses, such as “introduction to law” or “business law” or “law and XYZ”. Yet these colleges rarely hire a person solely to teach law. We believe that the certificate will make numerous Ph.D. graduates more marketable. This advantage should also apply to many state colleges and universities (NOT major research universities--we must keep the relevant market in mind). In institutions like Kent State University, Westchester University or Towson University, departments such as economics, sociology, or political science, are often required to teach a variety of survey courses related to law.

Surveys of graduate students have been carried out in marine policy and economics. Approximately 1/4 of respondents say that they would be interested in obtaining such a certificate. Typically, students would have to take two additional courses beyond their normal graduate work to earn the certificate.

III. A Model Program: The Graduate Museum Studies Certificate/ Related Legal Studies Programs

It seems reasonable to design a graduate Legal Studies certificate based on a comparable program at the University, and Museum Studies offers a Certificate that is a useful model. The program is completed through 12 credit hours of studying, including a 3-credit internship. It offers a number of graduate courses, most in cooperation with other departments, particularly History, Art History, Urban Affairs, and Early American Culture. Note their website.

Legal Studies would be analogous in focusing on a 12 credit requirement, but would be somewhat more demanding in requesting an additional research component. At least in its beginning state, the special legal research projects would probably be carried out as part of Master’s or Ph.D. research, or as part of a course. It would certainly be possible for the research to be conducted as part of a special project, set at the 600-level. The research would have to be supervised by a Legal Studies associated faculty member.

We did a web-search looking for Legal Studies programs around the U.S. and came up with 28. Of these, 14 really are strict legal studies programs, while the others involve translation (1), paralegal (4), legal administration (1), mostly JD (4) JD/MA (1), and one economics Ph.D. with a focus on law (Buffalo).

Looking more carefully at the strict Legal Studies programs, three are tied to a law school, but still offer a clear Legal Studies Program:

Albany Law School — “understanding of legal institutions...for people who interact..with the legal system, such as ... government officials, lobbyists, human resources professionals, health care professionals, engineers, business managers.”

University of Wisconsin--Madison— for students who have a law degree from outside the U.S.

Vermont Law School — focus on environmental law.

Here is a list of university-level legal studies programs which are not connected with law schools:

Montclair State University (New Jersey)

Northeastern University (Boston), a Law, Policy and Society program, to “explore social issues, the law, and public policy”. It offers M.S. and Ph.D., working across a variety of departments.

Roosevelt University (Chicago)

South Texas State (Texas), “Environmental Law”, and also Legal Assistant, Legal Administration, Alternative Dispute Resolution.

Texas Tech University (Texas), “interdisciplinary studies” some courses can be taken in the School of Law”, main courses are in political science, history, business administration and sociology.

Tufts University (Boston), at the Fletcher School, “law and diplomacy”.

University of Baltimore (Maryland), M.A. in Legal and Ethical Studies.

University of Illinois at Springfield (Illinois), M.A. in Legal Studies.

University of Nebraska — Lincoln (Nebraska), M.L.S. in Legal Studies, “better understanding of the legal system” and not a substitute for a J.D.

University of Pittsburgh, M.S. L, “education about the law to people who use law, or will use law, in their careers and who want to learn more about it, but who do not want to become lawyers”--in the School of Law.

University of Toledo, College of Law, offers Certificate Programs in Environmental Law, Intellectual Property Law, and International Law.

Montclair M.A. in Legal Studies. Must have taken 3 undergraduate courses, introduction to law, civil litigation, and legal research. May take these at the graduate level (2 courses, not 3). 24 credits needed.

3 focus areas, General, Management, Dispute Resolution, courses across a wide range if fields. For example, Ethics, Research Methods (both are required), Administrative Law, Trademarks, Cyberlaw, Legal Financial Management, Cross Cultural, Human Rights Law.

Tufts has a program with the following required courses:

Introduction to Law, Policy and Society

Economics of Law and Public Policy

Theories in Law and Policy

Techniques of Policy Analysis

Resource Models and Methods

Advanced Law and Policy Seminar

From these courses, it is clear that universities around the U.S. and in our region offer Legal Studies, usually at the Master’s level, but sometimes as Certificates. They see a demand for the program. It is usually across a variety of departments as an interdisciplinary program. The courses listed at Montclair and Tufts look reasonably consistent with what we can offer.

IV. Benefits to UD Faculty and Graduate Programs

The University has recently added faculty members who have been law school professors. These individuals would benefit from teaching a graduate law-related course. The Certificate will allow interested students and faculty to come together in a coherent program. It gives graduate faculty in the legal studies area an opportunity to connect with graduate students elsewhere. For example, a graduate student in economics can take administrative law and seeing how it applies to regulation. As a result, a professor in administrative law in Urban Affairs might then end up working with an economics graduate student on a Ph.D. dissertation.

Several departments, including sociology and criminal justice, history, agricultural economics, marine policy, English, urban affairs and public policy, and economics, have offered their support of the program, and we expect support from political science and international relations. Supporting letters will be attached to this document.

V. The Program Requirements — Conceptually.

The certificate requires knowledge of the law and of the legal studies approach. By “knowledge of the law”, we refer to the underlying principles of law, of the court system, and how lawyers interpret the laws and legal decisions. This is the traditional core of law programs, and so we require a course in this area. Knowledge of the legal studies approach involves appreciation of the interrelation of law and society--how society understands the law (sometimes obeying it and sometimes fighting it), the social meaning of the rule of law, different groups’ view of law, and so on. We therefore require one course in this area.

As the certificate is in a social science area and is not a purely professional certificate, we require a serious research paper. This paper can be a part of another course, but normally would be all or a section of a master’s paper or Ph.D. dissertation. It could also be an independent study. A member of the Legal Studies Associated Faculty will normally supervise this research (at least as second reader). A final element of the social science approach is the research seminar. This course will introduce the student to current research in the area, and to ongoing interactions between scholars in doing research--critique and response.

VI. The Program Requirements — In Detail

Twelve credits of course work at the graduate level, one semester of the legal studies research seminar, plus one credit of attendance in the Legal Studies Faculty Research Seminar and a capstone research project. Two of the four courses must be outside of the student’s graduate major. Two of the four courses must be “core” courses, one in the “law and society” area and one in general case law. The other two “elective courses” are selected from a list of approved legal studies courses (in addition to the core courses). Additional courses may be approved by the Director of Legal Studies.

The capstone research project may be a master’s or Ph.D. research project, and a member of the legal studies associated faculty should be on the committee. The capstone project also could be in a research paper in an advanced graduate course that included a large research project. The research project must be approved by the Director of Legal Studies.

Students must take one semester of the pass-fail one-credit course Legal Studies Research Seminar, which provides them with an idea of how current research in the field of legal studies is carried out (now LEST 867). [We will obtain a permanent number for this requirement and add this to the specific requirements for the certificate]

Core courses:

One “law and society” course from the following:

SOCI 655 Law and Society, SOCI 637 Law and Society in Historical Perspective

SOCI 658 Social Science, Law and the Legal Process

One case-oriented “principles of the law” from the following:

POSC 605 Topics in Law and Courts, POSC 614 Judicial Process, POSC 805 Seminar: Public Law

MAST 673 International Law, MAST 674 Legal Aspects of the Coastal Zone

MAST 678 Coastal and Maritime Law, UAPP/LEST 646 Administrative Law

Elective courses:

BUAD 840 Ethical Issues in Domestic and Global Business Environments

ECON 861 Industrial Organization and Antitrust Policies

EDUC 664 Legal Issues for School Managers

MAST 677 International Ocean and Environmental Policy

UAPP 839 Law for Administrators

UAPP/LEST 649 Civil Rights Law and Policy

IFST 688 The Law and Student Affairs

“Topics” courses that cover law-related subjects.

Admission to the Program

The program will be administered by the Director. Students are admitted only when they are admitted to a graduate program at the University of Delaware. They will fill out a request for admission, including a support letter from their home department. Normally students may apply over the first year for master’s programs and the first two years for doctoral programs, since it will not be practical for late applicants to schedule and carry out the research project.

Admission to the program requires no specific background. Undergraduate courses in law, legal studies or the social science could benefit the student but are not mandatory. Applicants’ records will be reviewed by an Admissions Committee.

SAMPLE PROGRAMS

Sample program: M.A. Student in Sociology (with thesis option)

(30 credits, including 6 credit thesis; 30-33 credits for thesis?)

Fall Spring

SOCI 605 Data Collection SOCI 612 Sociological Theory

SOCI 621 Deviance SOCI 655 Law and Society*

SOCI 626 Organization UAPP 667 Civil Rights Law and Policy* (by permission)

SOCI 658 Social Science, Law UAPP 667 Administrative Law and Policy*

and the Legal Process*

Fall

Sociology elective

Master’s thesis*

Sample program: Ph.D. Student in Sociology

(9 courses + dissertation; 10 for certificate, unless given permission for 2 outside sociology)

Fall Spring

SOCI 605 Data Collection SOCI 614 Advanced Data Analysis

SOCI 606 Qualitative Methods SOCI 655 Law and Society*

SOCI 612 Sociological Theory EDUC 812 Regression Models

SOCI 813 Social Theory UAPP 667 Administrative Law and Policy* (by permission)

Fall Spring (and following)

SOCI 658 Social Science, Law POSC 605 Topics in Law and Courts*

and the Legal Process* SOCI 969 Dissertation*

Sample program: M.A. Student in Economics

(30 credit hours) (36 for certificate)

Fall Spring

ECON 801 Microeconomics ECON 802 Macroeconomics

Econometrics I SOCI Law and Society (Sociology)*

ECON elective FINC 867 Corporate Governance*

ECON 861 Industrial Organization ECON elective

And Antitrust Policy*

Fall

UAPP 667 Administrative Law and Policy*

ECON Research Project (legal topic)*

ECON elective

One non-economics course may count toward the degree--here, FINC 867.

Sample program: Ph.D. Student in Economics

A student must first obtain the M.A., and then go on to the Ph.D. Eight additional courses are required, and 5 are fixed. The other three would be in a specific concentration, such as Industrial Organization or Finance. Two additional courses would then be required to satisfy the concentration requirement.

Fall Spring

Advanced Micro Advanced Macro

Econometrics Time-Series Econometrics

Mathematical Methods SOCI Law and Society (Sociology)*

ECON elective FINC 867 Corporate Governance*

Fall

ECON 861 Industrial Organization UAPP 667 Administrative Law and Policy*

And Antitrust Policy*

Ph.D. Dissertation*

Sample program: Master’s Student in Marine Policy

(39 credits required; with certificate perhaps 45)

Fall Spring

MAST 670 Policy MAST 676 Environmental Economics

MAST 675 Natural Resources MAST 677 International Ocean Policy

MAST 601 Oceanography MAST 672 Policy Analysis

MAST 673 International Law* MAST 674 Legal Aspects of Coastal Zone*

Fall Spring

SOCI 655 Law and Society* UAPP 667 Administrative Law and Policy*

MAST elective MAST thesis (6 credits)

MAST elective

(3 credits of seminar are also included--1 credit each semester)

Sample program: M.A. Student in History

(30 credits; 30 credits with certificate)

Fall Spring

Historiography 1 HIST/SOCI 637 Law and Society in History*

Historiography 2 Research and Writing Seminar

History seminar POSC 805 Seminar: Public Law*

POSC 605 Topics in Law and Courts History seminar

Fall

HIST 650 Political Economy of U.S.*

Research and Writing Seminar (on law topic)*

The history M.A. allows 9 credits outside of the History major--here 6 such credits are included, from political science.

Sample program: Ph.D. Student in History

(30 credits + dissertation; same with certificate)

Fall Spring

Historiography 1 HIST/SOCI 637 Law and Society in History*

Historiography 2 Research and Writing Seminar

History seminar POSC 805 Seminar: Public Law*

POSC 605 Topics in Law and Courts History seminar

Fall Spring.....

HIST 650 Political Economy of U.S.* Dissertation with legal element

Research and Writing Seminar

A student also could satisfy the research requirement by a research paper as part of the research and writing seminar.

Sample program: Master’s student in Urban Affairs and Public Policy

(36 credits; 36 credits with approval for 2 outside courses)

Fall Spring

UAPP 613 Urban planning UAPP 628 Land Use

UAPP 800 Research Methods UAPP 815 Statistics

SOCI 655 Law and Society* UAPP 667 Administrative Law and Policy*

UAPP 828 Urban Policy UAPP 667 Civil Rights Law and Policy

Fall Spring

Analytical paper (3 credits)* UAPP Elective

EDUC 664 Legal Issues for School Managers

UAPP elective

Sample program: Master’s in Public Administration

(42 credits--same with certificate with waiver)

Fall Spring

UAPP 803 Public Administration UAPP 815 Statistics

UAPP 819 Management UAPP 833 Public Finance

UAPP 835 Organizational Theory EDUC 664 Legal Issues for School Managers*

SOCI 655 Law and Society* UAPP 667 Administrative Law and Policy*

Fall Spring

UAPP 828 Urban Policy UAPP 667 Civil Rights Law and Policy*

UAPP 834 Public Economics UAPP 837 Human Resources

Internship UAPP 872 Research paper*