MWF   9:00-9:50
Fall,   2002	Dr. Robert Schneider
Office: 243 North	Office Hours:   2:00-3:00 MWF
Phone: 521-6445	And by appointment

Required Texts:

Tarr,          JUDICIAL PROCESS AND JUDICIAL POLICYMAKING
Katsh,       TAKING SIDES: Clashing Views on Legal Issues (10th ed.)
Bugliosi,    BETRAYAL OF AMERICA

Looking at all that courts do in the American system, it is argued by some experts that the judiciary is the most powerful of the three branches that comprise the government of the United States. It is certainly impossible to understand American government without an appreciation of the judicial process. This course will introduce the student to the process, policy, and politics of the judicial branch of American government. The analytical techniques employed will be primarily descriptive and behavioral. The course will interpret the judiciary as a political system and seek to analyze the behavior of its primary actors in the context of political science theory and method. It will explore the nature of law and its functions in our society. Finally, it will examine the impact of the law and judicial decision-making on a variety of social issues that are of contemporary importance and interest. The result will be a substantive and analytical comprehension of law and the judicial system that should be of significant value to both the political analyst and the political or legal practitioner.

COURSE OBJECTIVES

In addition to the subject matter that will be mastered, students will also work on analytical skills. Critical thinking, analytical reasoning, and written and oral communication will be primary skills to be employed and enhanced in the student completion of written, research, and other class assignments. An important assignment that will involve students in the use of their analytical and communication skills will be the group presentations on the Bugliosi text assigned above. All students should view this exercise as a test of their reasoning and communication skills. Even if they are assigned to argue a point that they do not "like," the exercise will acquaint students with the basics of legal reasoning and the ethic of representing a "client" rather than one's own opinion etc. This is good practice for students of law and for political scientists.
This course will be targeted at political science majors. As future professionals in governmental, legal, or academic institutions, political science majors will be expected to perform at a serious professional level. The same expectations will apply to non-majors who may take the course as a cognate to their professional concentrations.
All students should be prepared to participate in the classroom discussion of each topic and it will be assumed that the assigned course reading will be completed before the class period in which it is to be discussed.
 

Aug. 19             Introduction to Course

Aug. 21-23       The Nature of Law (Katsh, Introduction)
                         Judicial System: An Overview (Tarr,  Ch. 1)

Aug.  26            The Adversarial System (Katsh, pp.60-90)

Aug.  28-30      Court Organization
                         Court Roles and Functions (Tarr, Ch. 2)

Sep. 2               Holiday- Labor Day

Sep. 4-6           Lawyers: Role and Analysis (Tarr, Ch. 4)

Sep. 9-11         Judges: Selection, Roles, Functions (Tarr, Ch. 3)

Sep. 13-16       Trials and Appeals (Tarr, Ch. 5)

Sep. 18            Trial Courts: Criminal Process (Tarr, Ch. 6)

Sep. 20            Review

Sep. 23            EXAM ONE

Sept. 25           Pretextual Stops and Searches ( Katsh pp.118-133)

Sept. 27           Criminal Searches ( Katsh pp.156-173)

Sep.  30           Trial Courts: Civil Process (Tarr, Ch. 7)

Oct. 2              Public School Cases (Katsh, pp. 314-341)

Oct. 4              Group Project/Paper Assignment/Discussion (Bugliosi)

Oct. 7-9          Appellate Process and Decision Making (Tarr, Ch. 8)

Oct. 10-11      Semester Break !!!!!!
     
Oct. 14-16      Judicial Policy Making (Tarr, Ch. 9 and Ch. 10)

Oct. 21-23      Judicial Policy (Katsh, pp. 136-155)

Oct.  25          EXAM TWO

Oct.  28-30     Discussion of 2002 Election Case/Presentation of Group Argument-Groups One and Two,
                        (Bugliosi)

Nov. 1            Conclusion of 2002 Election Case/Presentation of ruling-Group Three, (Bugliosi)

Nov. 4            Politics and Justice (All written reports must be submitted)

Nov. 6            Law and Social Issues: Abortion (Katsh, pp.16-37)

Nov. 8            Law and Social Issues: Cloning (Katsh, pp.62-73)

Nov. 11          Law and Social Issues: Affirmative Action (Katsh, pp. 342-359)
                       
Nov. 13          Law and Social Issues: Physician Assisted Suicide (Katsh, pp. 38-61)

Nov. 15          Law and Social Issues: Insanity Plea (Katsh, pp. 98-117)

Nov. 18          Law and Social Issues: Death Penalty (Katsh, pp. 198-219)

Nov. 20          Law and Social Issues: Gay Rights (Katsh, pp. 298-312)

Nov. 22          Law and Social Issues: Drugs (Katsh, pp. 234-256)

Nov. 25          Law and Social Issues: The Internet (Katsh, pp. 74-96 and 278-297)
                                            
Nov. 28-29    Happy Thanksgiving !!!!!
                    
Dec. 2-4         Law and Social Issues: Sex (Katsh, pp. 220-232 and 260-276)

Dec. 6            Review for Final Exam

Dec. 14     FINAL EXAM 8:00 am  
 

Grading System:

Each student will have an opportunity to earn 100 points throughout the semester. The points will be awarded as follows.
 
 

Semester grades will be awarded based on point totals as follows.

Group Presentation/Term Papers:

Each student will participate in a group presentation centering on the legal dispute following the 2002 presidential election. All students must complete reading the Bugliosi text (Betrayal of America) by October 4th. The professor will assign students to one of three groups. Group one will defend the Supreme Court Ruling in the case and Group two will present the case against the Supreme Court Ruling. Group three will render a "Constitutional" verdict on the argument between groups one and two. In essence, the class will act as an appellate court arguing and deciding the case. The Bugliosi book marks the beginning of the assignment, but all groups should seek out additional information and sources to support their argument. This process should commence at the beginning of the semester and be completed by October 4th. The information you find will then be applied to your group efforts as you proceed to plan and implement your presentation. Students will be expected to meet and prepare their group presentations outside of class time. In addition to the group presentation, each individual student will submit a 6-8 page essay analyzing the case and expressing their own Constitutional opinion. Precise instructions will be given in class, including style guidelines for written papers. The following dates should be noted. They will be strictly observed.

Oct. 4       Assignment will be explained and style sheet will be provided
                  in class

Oct. 25     Groups One and Two will present a written summary of their
                 presentation to each member of group three.

Oct. 28     Group One will present their case

Oct. 30    Group Two will present their case

Nov. 1     Group Three will present their ruling

Nov. 4     Written Reports will be submitted

 Attendance Policy:

Class attendance is mandatory! No un-excused absences allowed. Each class missed will result in the loss of one point from semester grade as calculated in format above. Excessive absences may result in a grade of "F" for the semester.

 Assignment Policy:

All reading assignments should be completed before the class meeting for which they are listed. Students will be expected to participate in class discussions about readings and to do so whenever randomly called upon. As with absences, the inability to participate because the reading has not been completed will result in the loss of one point from semester total.

HAVE A GREAT SEMESTER!

SUGGESTED READING: additional books for students having an interest in further study or a need for further elaboration.

Abraham, Henry J. The Judicial Process

Abraham, Henry J. The Judiciary: The Supreme Court in the Governmental Process

Altschuler, Bruce E. And Celia A. Sgroi. Understanding Law in a Changing Society

Ball, Howard. Courts and Politics

Barnum, David G. The Supreme Court and American Democracy

Bartee, Alice F. Cases Lost, Causes Won: The Supreme Court and the Judicial Process

Bodenhamer, David J. Fair Trial

Bonsignore, etal. Before the Law

Calvi, James V. And Susan Coleman. American Law and Legal Systems

Carter, Lief. Reason in Law

Carter, Lief. An Introduction to Constitutional Interpretation: Cases in Law and Religion

Cooper, Phillip J. Hard Judicial Choices: Federal District Court Judges and State and Local Officials

Cooper, Phillip J. and Howard Ball. The United States Supreme Court: From the Inside Out

Cushman, Robert F. Leading Constitutional Decisions

Eisenstein, Flemming, and Nardulli. The Contours of Justice

Glick, Henry R. Courts Politics and Justice

Goldman, Sheldon and Thomas P. Jahnige. The Federal Courts as a Political System

Jacob, Herbert. Justice in America

Kempin, F.G. Historical Introduction to Anglo-American Law

Kutler, Stanley I. The Supreme Court and the Constitution: Readings in American Constitutional History

McCloskey, Robert C. The American Supreme Court

Myers, Howard and Jan Pudlow. The Trial

Murphy, Walter F. Elements of Judicial Strategy

Peltason, J.W. Understanding the Constitution

Schubert, Frank A. Introduction to Law and the Legal System

Stuckey, Gilbert B. Procedures in the Justice System

Stumpf, Harry P. And John H. Culver. The Politics of State Courts

Vago, Steven. Law and Society

Volkomer, Walter E. Introduction to Law: A Casebook

Wasby, Stephen L. The Supreme Court in the Federal Judicial System

Wice, Paul. Judges and Lawyers: The Human Side of Justice