Law and courts (GOVT 302)
St. Lawrence University
Fall 2012
Professor Darby Morrisroe Office: Hepburn 212
Phone: x5974 Hours: T & TH 4-6 or by appt
E-Mail: http://blogs.stlawu.edu/govt302
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. The study of law is, at its best, a lively and engaging endeavor. 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.
The course 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. If you are up for the challenge, I am thrilled to have you in the class!
Engagement in Class Discussions and Activities: Active participation in class discussions and exercises is the cornerstone of a dynamic and engaging learning experience. The overwhelming majority of class time will be spent in 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 in normative discussion of the readings and activities designed to enrich your understanding of the material. It is essential that you have read the assignments and thought about the 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 the syllabus and on the class website. Throughout the term you will complete a number of activities outside of class (beyond those listed in the syllabus). Your successful completion of these assignments, along with your contributions to the class blog, will factor into your engagement grade.
Class Blog: 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.
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 four-page 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 in the slot on my office door no later than 5 p.m. on the day before your article is scheduled on the syllabus to be discussed. A copy of your analysis will be distributed to the class to assist in their understanding of the readings. 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 made by the author?
Arguments/Evidence.What arguments or evidence does the author provide to support the assertion made in the thesis?
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 be at least half of your analysis.
Reform Paper: You will compose a 3,500 word well-researched argumentative essay endorsing a specific reform to the American legal system. The topic of the paper will be selected in consultation with the professor. Prior to handing in the final paper on December 13, you will submit a paper prospectus and preliminary bibliography on November 15. 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 in advance of the first assignment.
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.
Evaluation: This course presents numerous opportunities to demonstrate your understanding of and engagement with the material. While a specific discussion of expectations will be given for each 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 / PercentExams / 30%
Class Debate / 10%
Article Analyses / 15%
Research Paper Elements / 25%
Engagement (in class, blog, activities) / 20%
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.
· Carp, Stidham, and Manning, Judicial Process in America, 8th Edition
· David O’Brien, Storm Center: The Supreme Court in American Politics, 9th Edition
· All other readings listed in the syllabus are available on the class website
· Additional readings may be e-mailed by the professor during the term
U.S. Courts: Organization and Operation
August 30 Origins and Roles of Courts
September 4 Overview of Federal Courts
Carp: 25-52, 75-82
Cohen: Inside Appellate Courts
Spreng & Tobias: Should the 9th Circuit Be Divided?
September 6 Overview of State Courts
Carp: 53-74
Kagan: The Evolution of State Supreme Courts
September 11 Supreme Court: Organization and Operation
O’Brien: 110-166
Crump: Law Clerks
September 13 Supreme Court: Setting the Agenda
O’Brien: 167-240
September 18 Supreme 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 20 Judicial 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 25 The Adversarial System
Carp: 233-235
Frank: The “Fight” Theory versus the “Truth” Theory
Frankel: The Adversary Judge
Van de Walt: The Comparative Method (pp. 51-57 only)
September 27, The Criminal Justice Process
October 2 Carp: 202-262
Berman: Problem Solving in State Courts
October 4 Plea Bargaining
Worden: Policymaking by Prosecutors
October 9 The Civil Justice Process
Carp: 263-287
Kritzer: Contingency Fee Lawyers
Kritzer: The English Rule
October 16 Midterm Examination
October 18, 23, 25 The Jury System and Sentencing
Abramson: Jury Selection and the Cross-Sectional Ideal
Abramson: The Unanimous Verdict
Landsman and McCord: 12-Member Juries and Unanimous Verdicts
Myers, et. al.: Complex Scientific Evidence and the Jury
October 30 Trial Observation
Judges and Judging
November 1, 6 Judicial Selection and Retention
Carp: 100-178
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 8, 13 Theories of Judicial Decisionmaking
Carp: 290-366
Spaeth: The Attitudinal Model
Epstein and Knight: A Strategic Account of Judicial Decisions
Litigants, Lawyers and the Legal Profession
November 15 litigants and Interest Groups
Carp: 17-21, 195-202
Galanter: Why the “Haves” Come out Ahead
Wasby: Civil Rights Litigation by Organizations
Buhuniak: Friendly Fire: Amicus Curiae and Webster
November 27, 29 Legal Education and the Legal Profession
Carp: 181-195
Kritzer: Rethinking Barriers to the Legal Practice
December 4 Practitioners’ Perspectives on the System
Implementation and Impact
December 6 Limits of Judicial Power
Carp: 82-97
O’Brien: 323-371
Canon and Johnson: Judicial Policies
Rosenberg: The Hollow Hope
December 11 Lower Courts, Congress and the Presidency
Carp: 374-398
Lindquist and Yalof: Congressional Responses to Federal Circuit Court Decisions
December 13 Reforming the Legal System: A Classroom Convention
December 19 Final 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 theory 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 it changed over time? What factors have contributed to those changes? In what ways is decisionmaking 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? What does Cohen suggest are the consequences of the bureaucratization of federal courts? Should the number of circuits be increased? Should the 9th Circuit be split?
State Courts
· Consider the historical development of state courts. How have state supreme courts responded to their ever-increasing workload? In what ways did their response mirror the changes in the U.S. Supreme Court? What does Kagan suggest are the typical stages in the evolution of state supreme courts?
· What is the rationale behind the division of trial courts into courts of limited or general jurisdiction? Is this an effective organizational approach?
Supreme Court: Organization and Operation
· How would you describe the nature of service as a Supreme Court Justice during its first hundred years of existence? How did these circumstances influence the prestige (or lack thereof) of the Court? What factors led to the development of the Supreme Court from the “least dangerous branch” to a powerful political institution?
· Do the trappings of the Supreme Court (robes, building, traditions, secrecy of deliberations, etc.) influence the public’s perception of the institution? Why might judges seek to cultivate a “cult of the robe”?
· How have the staffing resources available to justices changed over time? Consider the influence of law clerks on Supreme Court operations. Do they exercise too much power? How is their influence enhanced by the increases in the Supreme Court caseload? Should clerks be selected from a pool of more experienced lawyers?
· In what ways has the Supreme Court sought to manage its caseload?
Supreme Court: Setting the Agenda
· What legal doctrines does the court consider to determine whether a case is justiciable, that is, appropriate for judicial resolution?
· What is the significance of the Supreme Court’s procedures for screening cases (cert petitions, cert pool, cert memo, conference deliberations, discuss list, dead list, Rule of Four, join-3 votes)?