Jared A. Goldstein

Photo of Jared A. Goldstein
Jared A. GoldsteinProfessor of Law

Education

J.D., University of Michigan
B.A., Vassar College

While serving as an associate at Shearman & Sterling in Washington, D.C., Professor Goldstein became one of the first civilian lawyers allowed into the Guantanamo Bay prison, in conjunction with his representation of several families of Kuwaiti detainees.

After resistance from the U.S. Government, the Supreme Court agreed to hear the case Rasul v. Bush. Professor Goldstein’s involvement with the Guantanamo cases included drafting district, appellate and Supreme Court briefs on behalf of the detainees. He continues his work with the detainees through his scholarship at RWU, and is a national expert on the applicability of habeas corpus to the Guantanamo Bay detainees. He has published numerous articles on the topic and penned an Op-ed reprinted in newspapers around the country.

Additionally, Professor Goldstein was a Bristow Fellow in the Office of the United States Solicitor General and served as an attorney for the Department of Justice, working in the appellate section of the Environment and Natural Resources division, where he drafted briefs on behalf of the United States in several Supreme Court cases. He received numerous awards while working at the Department of Justice including the Special Commendation for Outstanding Service and the National Oceanic and Atmospheric Administration General Counsel’s award.

Professor Goldstein teaches Constitutional Law and an array of Environmental Law courses. He regularly publishes in top law journals and because of his nationally recognized expertise, he has authored numerous briefs in the Supreme Court of the United States. Professor Goldstein is a graduate of Vassar and Michigan (J.D., magna cum laude).

Articles

The Tea Party Movement and the Perils of Popular Originalism, 53 Arizona Law Review, 827 (2011)

Can Popular Constitutionalism Survive the Tea Party Movement? 105 Northwestern University Law Review Colloquy 288 (2011)

Equitable Balancing in the Age of Statutes, 96 Virginia Law Review 485 (2010)

Aliens in the Garden, 80 University of Colorado Law Review 685 (2009)

Habeas Without Rights, 2007 Wisconsin Law Review 1165

Is There a “Religious Question” Doctrine? Judicial Authority to Examine Religious Beliefs and Practices,54 Catholic University Law Review 487 (2005)

Courses Taught

LAW.729Civil Rights

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Course Description

This course focuses on constitutional tort damage actions brought against federal and state officials and governments based on 42 U.S.C. §1983 and the United States Constitution. Attention will be given to both the substantive constitutional rights that form the basis of the damages actions and to the procedure, defenses, and immunities that pertain to constitutional torts.

Course Type See Course Type Descriptions

Elective

Course Credits

3.0

Course Degree

Juris DoctorMaster of Studies in Law

LAW.639Constitutional Law I

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Course Description

This course examines the basic principles of constitutional law through the analysis of the opinions of the United States Supreme Court. Topics include judicial review, federal system relationships, commerce clause,
governmental powers and civil rights.

Course Type See Course Type Descriptions

Core Course

Course Credits

3.0

Course Degree

Juris DoctorMaster of Studies in Law

LAW.760Constitutional Law II

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Course Description

This course examines the basic constitutional protection of individual rights, including equal protection implied fundamental rights or modem substantive due process (including rights of privacy, privileges and immunities, and the incorporation controversy) due process and the first amendment freedoms of expression and religion.

Course Type See Course Type Descriptions

Core Course

Course Credits

3.0

Course Degree

Juris DoctorMaster of Studies in Law

Prerequisite

LAW.639 – Constitutional Law I

LAW.672Environmental Law

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Course Description

The regulation and control of water, air and land is the broad subject matter of this course. The emphasis is on federal statutory and regulatory law but international issues and state and local regulation will be reviewed in areas in which they have broad relevance.

Course Type See Course Type Descriptions

Elective

Course Credits

3.0

Course Degree

Juris DoctorMaster of Studies in Law

Faculty Associated

Jared A. Goldstein

LSM.762First Amendment

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Course Description

This seminar will look at selected topics of free speech and religion that are not ordinarily covered (or covered in any depth) in the constitutional law survey course. Topics may include: student speech, hate speech, compelled speech, the constitutionality of campaign finance restrictions, comparative international protections for religious freedom (e.g., restrictions on headscarves and Scientology), and protection for sacred sites. Students will select three or four of these topics to write short (5+ page) papers and lead discussion. Satisfactory completion of these papers will fulfill the writing requirement.

Course Type See Course Type Descriptions

Seminar

Course Credits

2.0

Course Degree

Juris DoctorMaster of Studies in Law

Faculty Associated

Jared A. Goldstein

LSM.856 (Honors Course)The Tea Party and the Constitution

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HONORS COURSE

This course will meet for six weeks.

Course Description

Do courts have a monopoly on interpretation of the Constitution? The traditional course on constitutional law focuses almost exclusively on the Supreme Court as the interpreter of the Constitution, but scholars have begun to recognize the importance of constitutional arguments and interpretations made outside the courts. Congress and the President frequently are called upon to resolve constitutional issues in ways that are unnoticed and go unchallenged. In addition, political and social movements like the Tea Party movement often make constitutional arguments and present their claims in constitutional terms. The American people often are asked to take sides in constitutional contests by participating in everyday politics. Constitutional interpretations outside the courts have had profound impacts on both popular and elite understandings of the meaning of the Constitution. This course will examine the Tea Party movement and other movements that have sought to advance their constitutional vision outside the courts, in order to assess the role that “popular constitutionalism” plays in the development of constitutional law.
HONORS COURSE

Course Type See Course Type Descriptions

Seminar

Course Credits

1.0

Course Degree

Juris Doctor

Faculty Associated

Jared A. Goldstein

LSM.856 (Honors Course)U.S. Supreme Court Cases

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HONORS COURSE

Registration Priority will be given to 2L Honors Students

Course Description

This course will focus on the art of appellate advocacy with particular focus on two cases that will be argued this spring before the United States Supreme Court. The class will be taught by Professor Jared Goldstein and will include a trip to the Court to hear those two cases argued.
HONORS COURSE

Course Type See Course Type Descriptions

Seminar

Course Credits

1.0

Course Degree

Juris Doctor

Faculty Associated

Jared A. Goldstein
Close Course Type Descriptions

Course Types

We have classified RWU Law classes under the following headers. One of the following course types will be attached to each course which will allow students to narrow down their search while looking for classes.

Core Course

Students in the first and second year are required to take classes covering the following aspects of the law—contracts, torts, property, criminal law, civil procedure, and constitutional law, evidence, and professional responsibility.  Along with these aspects, the core curriculum will develop legal reasoning skills.

Elective

After finishing the core curriculum the remaining coursework toward the degree is completed through upper level elective courses.  Students can choose courses that peak their interests or courses that go along with the track they are following.

Seminar

Seminars are classes where teachers and small groups of students focus on a specific topic and the students complete a substantial research paper.

Clinics/Externships

Inhouse Clinics and Clinical Externships legal education is law school training in which students participate in client representation under the supervision of a practicing attorney or law professor.  RWU Law's Clinical Programs offer unique and effective learning opportunities and the opportunity for practical experience while still in law school.