|
Political Science 206 |
Fall 2001 |
|
Professor: Kimberly Smith |
Willis 418 |
|
Phone: x-4123 |
Email: ksmith@carleton.edu |
In this course, we consider courts as political institutions. Our central question is whether or in what sense legal decision making is "political" – that is, whether or in what sense what goes on in the courtroom is anything other than judges making policy according to their own policy preferences. We’ll take a close look at how judges makes decisions (and how lawyers make arguments) and at the logical, social and institutional factors that constrain their discretion. We’ll also consider whether or how courts can be used to effect significant political change.
Course requirements: There will be no exams. Your grade will be computed as follows:
Paper One = 35%
Paper Two = 35%
*You may rewrite these papers as often as you like, for a new grade
Assignments (6) = 15% (averaged)
Class participation = 15%
***All assignments must be turned in on the day they are due. No late papers, please!
***Readings should be completed prior to class
Texts: Frank Murphy, Courts, Judges and Politics, 5th ed.
Rosenberg, The Hollow Hope
***additional readings on reserve [R]***
Course Outline
Class 1: Introduction: Law vs. Politics?
Class 2: Structure of the Judicial System and the Role of Courts
Murphy, Ch. 3, pp. 79-93
Murphy, Ch. 2, intro, 2.1
Class 3: Law vs. Democracy?
Murphy, Ch. 2.2, 2.3, 2.4, 2.5
Class 4: Judicial independence
Widner, Building Judicial Independence in Common Law Africa, in Schedler et al, The Self-Restraining State [R]
*In class: judicial independence exercise
Class 5: Jurisprudence
Murphy Ch. 1: intro, 1.1, 1.2, 1.3, 1.4, 1.5, 1.6
Class 6: Reasoning from Cases
Murphy, Ch. 10: intro, 10.2
Note, The Common Law Origins of the Infield Fly Rule, 123 Penn. L. Rev. 1474 [R]
Class 7: Cont.
Murphy, Ch. 10: 10.1, 10.3, 10.5
Class 8: Cont.
Murphy, Ch. 10: 10.6, 10.7, 10.8, 10.9
Class 9: Reasoning from Statutes
Murphy, Ch. 11: intro, 11.1, 11.2, 11.3, 11.5, 11.6, 11.7, 11.9
Class 10: Public Choice and Statutory Interpretation
Murphy, Ch. 11: 11. 4
Macey, Promoting Public-Regarding Legislation Through Statutory Interpretation, 86 Colum. L. Rev. 223 (1986) [R]
Class 11: TVA v. Hill
TVA v Hill, 437 US 153 (1978) [find on lexis]
Class 12: Constitutional Interpretation
Murphy, Ch. 2: 2.2, 2.3 [revisited]
Murphy, Ch. 12: intro, 12.1, 12.8, 12.9
Class 13: Cont.
Murphy, Ch. 12: 12.2-12.7
Class 14: Legal Reasoning and the Legal Community: Interpretation as a Chain Enterprise
Murphy, 11.8
Fish, Working on the Chain Gang, 60 Tex. L. Rev 527 (1982) [R]
*In class: chain novel exercise
Class 15: Bush v Gore
Sunstein, 68 U. Chi. L.Rev. 737 (Summer 2001) [Lexis]
Dershowitz, Bush v Gore: Supreme Injustice, Ch. 3 [R]
*Paper One due
Class 16: Explaining Judicial Behavior: Theoretical Approaches
Spaeth, "The Attitudinal Model," in Epstein, Contemplating Courts [R]
Gillman & Clayton, Supreme Court Decision-Making, Intro (pp. 1-5) [R]
Bussiere, "The Supreme Court and the Development of the Welfare State," in Gillman & Clayton [R]
Class 17: Explaining Judicial Behavior: Court Politics
Murphy, Ch. 13: intro, 13.3, 13.8, 13.9
Murphy, Ch. 8: 8.2, 8.3
Class 18: Explaining Judicial Behavior cont.
Bob Jones University v United States, 461 US 574 (1983) [find it on lexis]
*In class: Bob Jones on trial
Class 19: Appointment
Murphy, Ch. 4: intro, 4.1, 4.2, 4.4-4.9
*In class: appointment exercise
Class 20: Confirmation
Carter, The Confirmation Mess, pp, 159-178, 187- 206 [R]
CQ, Clinton Closes in on a Nominee [handout]
Washington Post, Oct. 6, 1999; LA Time, Oct. 9, 1998 [handout]
Class 21: Implementation
Murphy, Ch. 7: intro, 7.3
Fletcher, "The Discretionary Constitution," Yale L. J. 91: 635-663 [R]
Class 22: Cont.
Murphy, Ch. 8: intro, 8.1, 8.4–8.12
*Final rewrites of paper 1 due
Class 23: Using the Courts to Achieve Policy Change
Murphy, Ch. 14: intro, 14.1, 14.2, 14.4, 14.7
Rosenberg, The Hollow Hope, pp. 1-36
Class 24: Cont.
Rosenberg, pp. 39-106
Murphy, Ch. 14: 14.6
*Paper 2 due
Class 25: Cont.
Murphy, 6.4
McCann, Taking Reform Seriously (pp. 106-121) [R]
Class 26: Lawyers and Politics: American Aristocracy or Agents of Social Justice?
Murphy, Ch. 5: intro, 5.3-5.5
Tocqueville, pp. 263-70 [handout]
Class 27: So You Want To Go To Law School?
Muprhy, 5.1
Ehrlich & Hazard, Goals of Legal Education [handout]
Erlanger & Lessard, Mobilizing Law Schools in Response to Poverty [R]
Class 28: Law School, Legal Culture and Affirmative Action
Cardozo, Racial Discrimination in Legal Education [R]
Woo, Reaffirming Merit in Affirmative Action [R]
*In class: Debate affirmative action in law school admissions
Final rewrites of paper #2 due Friday, Nov. 16, at noon