Course Description

Different legal systems are built from different foundations. For example, the U.S. common law system developed out of the British common law system and the civil law system has its roots in the Roman civil law system. Our custom of eating turkey on Thanksgiving is an example of a steadfast custom. If Congress passed a law which made eating a turkey on Thanksgiving illegal, do you think anyone would abide by the law? Customary law has its roots in the oral tradition, and is frequently exemplified through the unique traditions and customs of different tribes and are considered authoritative and binding law. This course will explore in depth the various histories of legal traditions across the globe ranging from customary law, common law, and others. Students will learn the roots of various legal traditions that are used across the globe, how these traditions inform modern legal systems, their effects on judicial decision making, and lawyering. Students will examine a variety of perspectives on the relationship between law, society, and ethics.

Upon successful completion of this course students will be able to:

1. Analyze, interpret, and evaluate information regarding legal cases and other written works critically.
2. Construct persuasive arguments from the perspective of various legal frameworks that demonstrate thorough understanding of broad legal topics. 
3. Present clearly organized, precise, and persuasive arguments.
4. Demonstrate integration of ideas and methods from different disciplines (history, law, political science, philosophy).
5. Evaluate perspectives from multiple sides of an argument.

Texts

All readings will be provided for free to students in UNM Canvas.

Academic Readings:

Casebook & Socratic Method, Langdell

The Civil Law Tradition, John H. Merryman

A Concise History of the Common Law, Theodore Frank Thomas Plucknett

Tradition v. Power: When Indigenous Customs and State Laws Conflict, Lindsay Short

Life Comes From It, Chief Justice Robert Yazzie

Law in Science and Science in Law, Oliver Wendell Holmes

A Jury of Her Peers, Susan Glaspell

Legal Cases:

Maddux v. Donaldson (1961)

Pierson v. Post (1805)

Smith v. Price’s Creameries (1982)

Delgado v. Phelps Dodge (2001)

Winterbottom v. Wright (1842)

Thomas v. Winchester (1852)

State v. Roy (1936)

Requirements

Students will be expected to regularly participate in class, participate in three mock trial experiences, complete one analytical paper regarding a court case (3-5 pages), and complete a 20-30 minute oral presentation on a topic of choice at the end of the term.

About the Instructor(s): Austin Megli

Austin Megli is an attorney licensed to practice law in New Mexico. His practice focuses on business transactions and contract negotiations. He is an alumnus of the Honors College, obtained a J.D./M.B.A from the University of New Mexico School of Law, and recently completed his PhD in Organization, Information, and Learning Sciences. When not teaching, Austin enjoys going hiking with his wife, Mariah, and spending time with their two Teacup Yorkies, Bearsley and Bella.