AMERICAN LEGAL SYSTEM (GOVT 302)

St. Lawrence University

Fall 2015

Professor Darby Morrisroe Office: Hepburn 212

Phone: x5974 Office Hours: T & TH 3-5or by appt

E-Mail:

Course Description

This class will explore the workings of the courts at all levels of the American legal system. The primary goal of this course is to increase and broaden your understanding of what happens in courts, why it happens, and how courts fit into the larger political system. Much of our attention will focus on actors in the legal system (lawyers, juries, interest groups and especially judges) as we consider how their behavior is shaped by and in turn shapes our legal and political institutions and environments. Most major political controversies have found their way to the courts. Yet the courts, and the American legal system itself, remain controversial institutions. In taking this course, you will be asked to weigh in on contemporary debates surrounding the legal process and to grapple with some of the difficult normative questions associated with American courts.

While working toward a fuller understanding of the American legal system, we will be pursuing the equally important goal of developing the reasoning and communication skills necessary for full civic engagement. We will focus on the most effective means of argumentation and the use of evidence to support assertions. The assignments will also foster your ability to critically analyze arguments made my others. Another goal of the course is to improve your capacity to effectively communicate your ideas orally and in writing.

Thecourse components, including the article analyses, research paper, debates, class discussions, blogging, and examinations, are all designed to help you accomplish these knowledge and skill objectives.However, in order to achieve these goals there are certain things you must bring to the class. You must possess a desire to be engaged fully in the enterprise of learning. You must come to class fully prepared to discuss the material, having already given serious thought to the readings. You must be prepared to take the risk of sharing your ideas and analysis with the rest of the class. You must come to class with an open mind and a readiness to genuinely consider the thoughts of others. You must be willing to demand the highest standards from yourself. Finally, you must be ready to seek out assistance from the professor or fellow students when necessary. In return, I will do everything reasonably in my power to help you succeed.

Course Requirements

Examinations

There will be two examinations, one midterm and one final exam. The purpose of these examinations is to provide an opportunity to articulate your understanding and critical analysis of the central questions considered during the semester. To accomplish this, the exams will include longer analytical essays as well as short answer questions that consider the significant concepts, ideas and readings covered in the course. A review session will be held the evening before each exam.

Class Debates

Even the most superficial evaluation of the American legal system offers an abundance of controversial and contested theories about legal structures and processes. To more closely examine some of these important issues, the class will hold multiple debates over the course of the term. The class debates provide an opportunity to develop your critical reasoning and oral communication skills. During the second week of the course, you will be assigned your debate topic. Additional information about the debates is available on the class website.

Article Analysis

Among the most important skills you will learn in this course, is the ability to critically analyze arguments. To that end, each student will submit a 1,000 word analysis of one of the articles/readings assigned for the course. In order to insure an even distribution of the assignments over the term, students will sign up for a specific article during the second week of classes. Analyses must be submitted via e-mail no later than noon on the dayit is listed as due. You will be expected to play a leading role in the discussion of the article you analyze. The analyses should include the following elements:

Identification of Thesis:What is the central argument or finding(s) made by the author?

Arguments/Evidence.What arguments or evidence does the author provide to support the assertion made in the thesis?This is not a summary of the article. Rather, you need to analyze the article to discern the arguments and evidence on which the author relies to support their thesis/findings.

Critique. Assess the strength and weaknesses of the author’s arguments. Did the evidence and arguments presented justify the thesis? Was the methodology sound? Do you support the author’s conclusions? What are the implications of the author’s conclusions? This section should constituteat least half of the analysis.

Engagement in Class Discussions, Class Blog and Activities

Active participation in class discussions and exercises is the cornerstone of a dynamic and engaging learning experience. The majority of class time will be spent in large and small group discussion and exercises. While there will be some lecture, it will not significantly duplicate the material in the readings. Instead, class time will be spent analyzing the readings and engaging activities designed to enrich your understanding of the material. It is essential that you have read the assignments and thought about the key concepts prior to the lecture. You are expected to participate in every class and your contributions should demonstrate a firm grasp of the class material as well as independent critical analysis. To aid you in preparing for class, a set of readings/discussion questions for each section of the course is available at the end of this syllabus. You should bring with you to class your prepared responses to all the questions for each section of the syllabus.

For this class we will be creating a community of learning that exists both in the classroom and online. Throughout the semester students will participate in a class blog exploring topics related to the American legal system, our course readings and current events. Participation on the class blog will factor into the engagement component of the course grade. You will be expected to comment on all the blog topics before each class. Typically there will be one blog topicfor each section of the syllabus. You should consult the blog several times a week to review postings of current articles and videos related to American politics. Finally, throughout the term, you will complete a number of activities inside and outside of class (beyond those listed in the syllabus). Below is a grading rubric for this course component.

Excellent
(90-100) / Good
(80-89) / Marginal
(70-79) / Poor/Unacceptable
(<70)
Quality of
Participation / Demonstrates a deep understanding of the readings and is almost always able to do all of the following: (1) clearly articulate the material presented in the readings; (2) draw connections between different material covered in the course; and (3) offer independent original analysis and criticism of the material. / Demonstrates a good understanding of the readings and is often able to do most of the following: (1) clearly articulate the material presented in the readings; (2) draw connections between different material covered in the course; and (3) offer independent original analysis and criticism of the material. / Demonstrates some familiarity of the readings and is occasionally able to do some of the following: (1) clearly articulate the material presented in the readings; (2) draw connections between different material covered in the course; and (3) offer independent original analysis and criticism of the material. / Demonstrates limited or no familiarity with the Court’s rulings and is rarely able to: (1) clearly articulate the material presented in the readings; (2) draw connections between different material covered in the course; and (3) offer independent original analysis and criticism of the material.
Level of
Participation / Contributes to the discussion during all class meetings and completes all blogs posts and class activities. / Contributes to the discussion during most class meetings and completes all blogs posts and class activities. / Contributes to the discussion during some class meetings and completes most blogs posts and class activities. / Only occasionally /never contributes to the discussion during class meetings and fails to complete more than one blog post or class activity.
Attendance / No unexcused absences, always on time / No unexcused absences, late once / No unexcused absences, late more than once / Any unexcused absences, late more than once

Research Paper

You will compose a 3,500 word well-researched argumentative paper endorsing a specific reform to the American legal system. The topic of the paper will be selected in consultation with the professorno later than November 5. You will submit a paper prospectus and preliminary bibliography on November 12 and the final paper is due on December 10. Additional information is available on the class website. If you wish you to write an argumentative essay on a topic other than reform, you may do so provided you consult with the professor

Course Policies

Evaluation

This course presents numerousopportunities to demonstrate your understanding of and engagement with the material. While a specific discussion of expectations will be given foreach component, in all cases students are being evaluated primarily on their ability to demonstrate a sophisticated critical analysis of the material and to effectively communicate their arguments. The weighted breakdown of each of the course components is listed on the right. The grading scale is available on the class website.

Course Component / Percent
Exams (15% each) / 30%
Class Debate / 15%
Article Analyses / 15%
Research Paper / 25%
Engagement (in class, blog, activities) / 15%
94 - 100 / 4.0 / 79 - <82 / 2.5 / 60-65 / 1.0
92 - <94 / 3.75 / 77 - <79 / 2.25 / <60 / 0.0
89 - <92 / 3.5 / 74 - <77 / 2.0
87 - <89 / 3.25 / 72 - <74 / 1.75
84 - <87 / 3.0 / 69 - <72 / 1.5
82 - <84 / 2.75 / 65 - <69 / 1.25

Attendance

Attendance at all classes is mandatory. Any unexcused absence beyond one will affect your overall course grade. If you must miss a class due to serious illness or emergency, it is your responsibility to inform me of your absence in advance of class and to make arrangements for any work missed. If I don’t hear from you prior to an absence, the absence will not be considered excused. If you will miss a class due to an athletic obligation, you must inform me at the beginning of the semester.

Deadlines and Extensions

It is your responsibility to be aware of the deadlines for all assignments and to meet those deadlines without reminder. Unless otherwise indicated, all assignments are due via e-mail by 5PM onthe due date. It is your responsibility to ensure that your electronic submissions are received and in a readable format. I will reply with an acknowledgement of receipt when I receive and am able to open your submission. There will be a late penalty of 5 points if your assignment is submitted late but within 24 hours of the deadline and an additional 10 point penalty for eachadditional day late. Assignments submitted more than 72 hours late without advance permission will receive a zero. Extensions will only be considered for documented medical circumstances or family emergencies and must be approved prior to the deadline.

Accommodations

If you require special accommodations, please provide me with your accommodation plan at the beginning of the term so that we can make arrangements to insure an effective learning environment.

Use of Computers in Class

While I do not categorically prohibit the use of laptop computers in class, you must have express permission from me to do so. If you think the ability to use a computer in class is important to your learning, please come see me during my office hours to discuss why you wish to use a computer and how you plan to use it.

Academic Honesty

As a St. Lawrence student it is your responsibility to be familiar with the University’s policy on academic honesty and to take steps to insure that your work is academically honest. To that end, I suggest that you re-read the section of the SLU Student Handbook dealing with academic honesty (p. 57). As noted in the Constitution of the Academic Honor Council, “Claims of ignorance and academic or personal pressure are unacceptable as excuses for academic dishonesty. Students must learn what constitutes one’s own work and how the work of others must be acknowledged.” Should I encounter any instances of academic dishonesty, whether intentional or unintentional, your case will be brought to the attention of the Academic Honor Council. If you have any questions about the use or citation of sources, please contact me before the submission of an assignment.

Schedule of Course Topics and Readings

The lecture topics and reading assignments (which are to be completed prior to the lectures) are listed below. Note that the length of reading assignments for each lecture is necessarily uneven. Students should plan their reading schedules accordingly. It is quite possible that as the term progresses we will not keep this schedule to the day. I will keep you informed about changes; in return, I ask you to be reasonably flexible.

Textbooks: Carp, Stidham, and Manning, Judicial Process in America, 9th Edition

David O’Brien, Storm Center: The Supreme Court in American Politics, 9th Edition

Readings:As you read the articles in the course pack, ask your self the following questions: What is the central argument or thesis offered by the author?What arguments or evidence does the author provide to support the assertion made in the thesis? What are the strengths and weaknesses of the author’s arguments? Did the evidence and arguments presented justify the conclusion? Are you persuaded? What are the implications of the author’s conclusions? You should be prepared to answer these questions in class for each article.

U.S. Courts: Organization and Operation

August27Origins and Roles of Courts

September 1Overview of Federal Courts

Carp: 1-51, 75-82

Spreng & Tobias: Should the 9th Circuit Be Divided?

September 3Overview ofState Courts

Carp: 52-74

Kagan: The Evolution of State Supreme Courts

September 8Supreme Court: Organization and Operation

O’Brien: 110-166

September 10Supreme Court: Setting the Agenda

Carp: 83-98

O’Brien: 167-240

September 15Supreme Court: Oral Arguments and Opinions

O’Brien: 241-323

Wasby: The Functions and Importance of Appellate Oral Argument

Campbell: The Spirit of Dissent

Listen to Supreme Court oral argument (on class website)

September 17Judicial Review

Slotnick: The Place of Judicial Review in the American Tradition

Melone and Mace: Judicial Review: The Usurpation and Democracy Questions

Marbury v. Madison

Eakin v. Raub

the Judicial process

September 22The Adversarial System

Carp: 235-236

Van de Walt: The Comparative Method (pp. 51-57 only)

Frankel: The Adversary Judge

Frank: The “Fight” Theory versus the “Truth” Theory

September 24, 29The Criminal Justice Process

Carp: 206-251(for Sept. 24)

Flango: Problem Solving Courts Under a Different Lens (for Sept. 29)

Berman (ed.): What is a Traditional Judge? (for Sept. 29)

October 1Plea Bargaining

Review Carp: 228-234

Worden: Policymaking by Prosecutors

October 6The Civil Justice Process

Carp: 18-21, 271-293

Kritzer: Contingency Fee Lawyers

October 8Midterm Examination

October 13, 20, 22The Jury System and Sentencing

Carp: 251-267 (for Oct. 13)

Abramson: Jury Selection and the Cross-Sectional Ideal (for Oct. 13)

Abramson: The Unanimous Verdict (for Oct. 20)

Landsman and McCord: 12-Member Juries and Unanimous Verdicts (for Oct. 20)

Myers, et. al.: Complex Scientific Evidence and the Jury (for Oct. 20)

October 29Practitioners’ Perspectives on the System

Judges and Judging

November 3Judicial Selection and Retention: State Courts

Carp: 101-116

November 5Judicial Selection and Retention: Federal Courts

Carp: 116-157

O’Brien: 33-92

Melone: The Senate’s Confirmation Role in Supreme Court Nominations

Reynolds: The Confirmation Process: Too Much Advise Too Little Consent

Binder: Advise and Consent During the Bush Years

November 10, 12Theories of Judicial Decisionmaking

Carp: 294-379, 405-416

Spaeth: The Attitudinal Model

Epstein and Knight: A Strategic Account of Judicial Decisions

Litigants, Lawyers and the Legal Profession

November 17litigants and Interest Groups

Carp: 18-21, 195-202

Galanter: Why the “Haves” Come out Ahead

Wasby: Civil Rights Litigation by Organizations

Buhuniak-Long: Friendly Fire - Amicus Curiae and Webster

November 19,Legal Educationandthe Legal Profession

December 1Carp: 181-195

Kritzer: Rethinking Barriers to the Legal Practice

Implementation and Impact

December 3Limits of Judicial Power

Carp: 380-387

O’Brien: 323-371

Canon and Johnson: Judicial Policies

Rosenberg: The Hollow Hope

December 8Lower Courts, Congress and the Presidency

Carp: 388-404

Lindquist and Yalof: Congressional Responses to Federal Circuit Court Decisions

December 10Reforming the Legal System: A Classroom Convention

December 13Final Examination

(1:30-4:30 pm)

Discussion and Readings Questions

Origins and Roles of Courts

  • Are courts inevitable? What theories have been suggested to explain why they develop? Which do you find most persuasive?
  • Consider Shapiro’s identification of the elements of courts. What are the strengths and limitations of his criteria?
  • What are the distinctive characteristics of courts as compared to other political institutions? In what ways do many of these characteristics limit courts’ powers?

Federal Courts

  • How has Congress shaped the organization and operation of the federal courts? For example, what was the significance of the Judiciary Act of 1789? Why has Congress’ influenced diminished over time?
  • How has the organization of the federal judiciary changed over time? What factors have contributed to those changes? In what ways is decision-making in the federal judiciary both hierarchical and decentralized?
  • Consider the organization of federal Courts of Appeal (circuit courts). What are the important features that characterize the judging process in the circuit courts? Should circuit court judges and district court judges be bound to the rulings of other circuit courts? Should national legal uniformity be valued over regional legal cultures?
  • How have workload demands impacted federal courts? Should the number of circuits be increased? Should the 9th Circuit be split?

State Courts