University of Oklahoma
Law, Courts, and Social Change
Political Science 3023
Fall Semester 2014
Instructor:
Office:
Phone:
Email:
Office Hours:
Class Meets:
Ann-Marie Szymanski
T.A.: Jamie Smith
Dale Hall Tower 218
Office: Dale Hall Tower 307
325-6436
Email: jamiesmith@ou.edu
ams@ou.edu
Office Hours: TTh 10:30 – 11:30 am
TTh 10:30 am – 12:30 pm
TTh 1:30 pm – 2:45 pm, Zarrow Hall 115
Description: Courts in the United States have long been places where Americans seek to address
and resolve contentious political issues. At the same time, the courts, and the American legal system itself, remain controversial institutions. The first half of this course will explore the workings
of the courts at all levels of the American legal system. Its primary goal is to increase the student’s understanding of what happens in courts, why it happens, and how courts fit into the larger
political system. The second half of this course will consider how courts interact with other political institutions and political actors to shape public policy. In doing so, it will illustrate how law
and courts may impact political, policy and economic systems and have far-reaching effects on
society.
Texts: (Required)
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Carp, Robert A., et al. Judicial Process in America, 9th Ed. Thousand Oaks, CA: Congressional Quarterly Press, 2014. ISBN-13: 978-1-4522-2632-3.
Silverstein, Gordon. Law’s Allure: How Law Shapes, Constrains, Saves, and Kills Politics. New York: Cambridge University Press, 2009. ISBN-13: 978-051-72108-0.
Additional required readings, which have been posted on Desire 2 Learn (D2L).
Course Requirements:
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One mid-term examination – 25%
One research paper (10-12 pages) – 30%
One comprehensive final examination – 30%
Class participation (including quizzes, in-class assignments, and mandatory attendance) –
15%
Examinations: The midterm examination will be held, in class, on Thursday, September 25.
The final examination will be held on Friday, December 12 from 1:30 pm – 3:30 pm. Make-up
exams will ONLY be given in documented cases of illness, death in the family, religious holidays, or other University-sanctioned excuses. In both exams, you will be expected to know the
material covered in class, as well as that contained within the assigned readings. Exams will contain objective portions, which will test your mastery of basic knowledge. In addition, they will
include an essay section, which will require you to analyze and synthesize the course material. To
help you prepare for the essays, I will distribute study questions prior to the exams.
Research Paper: You will be asked to write a 10 – 12 page research paper, which will permit
you to argue on behalf of a specific reform to the American legal system. This paper assignment
will involve outside research. Furthermore, as with any university-level paper, I expect you to
write a well-reasoned essay which has a thesis statement and convincing evidence to support that
thesis. While the substance of your essay will receive more weight than its mechanics, your paper
should contain correct grammar and the proper documentation of all your sources. For help with
grammar and the documentation of sources, please consult a writer’s manual or make an appointment to see a Writing Center tutor. (Students may make appointments with the Writing Center online. The Writing Center is located in Wagner Hall, Room 280 and can be reached at 3252936). ALL PAPERS MUST BE TYPED!!! They are due on OCTOBER 9.
Attendance/Participation/Quizzes: Attendance is formally required for this course, and I will
keep a written record of attendance. Students may miss five classes and receive full credit for
class attendance; students who exceed five absences will receive an attendance grade equal to the
percentage of classes attended. If a student misses more than twelve classes, her grade will automatically be lowered a full grade. Students are responsible for locating the sign-in sheet during
class as this sheet will be the definitive record of attendance. Students are also responsible for
keeping track of their absences and for using their five “free passes” wisely. Furthermore, it
should be noted that this course will include periods of class discussion. No student will be forced
to participate, but those students who consistently offer thoughtful remarks will be rewarded
when I calculate their final grades. Finally, there will be a limited number of quizzes and in-class
exercises in this course. Student performance on these quizzes and in-class exercises will be factored into the 15% of the grade that has been reserved for class participation.
The Use of Technology in the Classroom: All cell phones must be either turned off or on mute
during class. Phones are to be kept in backpacks or similar bags during class. Laptops and tablet
computers can be used to take notes during class, but not for checking email, visiting social media
sites, surfing the net, or other such activities. Cell phone rings and internet activity are distracting
to the other students! Students who abuse technology in this class will be counted absent on the
days they do so.
Reasonable Accommodation Policy: Any student in this course who has a disability that may
prevent him or her from fully demonstrating his or her abilities should contact me personally as
soon as possible so we can discuss accommodations necessary to ensure full participation and
facilitate your educational opportunities.
Course Reading Assignments:
Week
Day/Date
Topic
Read
I. Overview of Legal Systems in the United States
1
2
3
Tuesday, 8/19
Introduction
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Thursday, 8/21
Lawyers and the
Law in the United States
Carp, et al.,
Judicial Process
in America, Chapters 1
and 8.
Tuesday, 8/26
The Federal
Judicial System
Carp, et al.,
Judicial Process
in America, Chapter 2;
Spreng and Tobias,
“Should the Ninth
Circuit Be Divided?”
Thursday, 8/28
State Judicial Systems
Carp, et al.,
Judicial Process
in America, Chapter 3;
Simpson, “The Search
for Judicial
Independence and
Integrity”; articles
from the Tulsa World
and The Week
regarding the politics
of the Oklahoma
Supreme Court.
Tuesday, 9/2
Jurisdiction and
Policymaking Boundaries
Carp, et al.,
Judicial Process in
America, Chapter 4;
Handley, “Why
Crocodiles, Elephants,
and American Citizens
Should Prefer Foreign
Courts.”
Thursday, 9/4
State Judges
Carp, et al.,
Judicial Process
in America, Chapter 5;
Gill, “Beyond High
Hopes and Unmet
Expectations.”
Week
Day/Date
Topic
Read
4
Tuesday, 9/9
Federal Judges
Carp, et al.,
Judicial Process
in America, Chapter 6;
Melone, “The Senate’s
Confirmation Role in
Supreme Court
Nominations…”
Thursday, 9/11
Presidents and the
Federal Judiciary
Carp, et al.,
Judicial Process
in America, Chapter 7;
Binder and Maltzman,
“New Wars of Advice
and Consent.”
II. Legal Procedures and Processes
5
Tuesday, 9/16
Criminal Law and
Procedures
Carp, et al.,
Judicial Process
in America, Chapter 9;
Stern, “Innocence and
the Prosecutor’s Duty to
‘Do Justice.’”
Thursday, 9/18
Criminal Law and Procedures
Carp, et al.,
Judicial Process
in America, Chapter 10;
Miller, “How Emotion
Affects the Trial
Process.”
MIDTERM STUDY QUESTIONS DISTRIBUTED
6
Tuesday, 9/23
Civil Law and Procedures
Thursday, 9/25
MIDTERM EXAM
Carp, et al.,
Judicial Process
in America, Chapter 11;
Murray, “The
Privatization of Civil
Justice.”
III. Judicial Decision Making
7
Tuesday, 9/30
Decision Making by
Trial Court Judges
Carp, et al.,
Judicial Process
in America, Chapter 12;
From Frankel, “The
Adversary Judge.”
Week
8
Day/Date
Topic
Read
Thursday, 10/2
Decision Making in
Collegial Courts
Carp, et al.,
Judicial Process
in America, Chapter 13.
Tuesday, 10/7
Decision Making in
Collegial Courts
(continued)
Segal and Cover,
“Ideological Values
and the Votes of
Supreme Court
Justices”; Epstein and
Knight, “A Strategic
Account of Judicial
Decisions”; Friedman,
“Taking Law
Seriously.”
IV. Law and Public Policy
Thursday, 10/9
Courts as Policymakers:
The Supreme Court
Dahl, “Decision Making
in a Democracy”;
Casper, “The Supreme
Court and National
Policymaking.”
RESEARCH PAPERS DUE
9
10
11
Tuesday, 10/14
Judicial Policymaking
and Impact
Carp, et al.,
Judicial Process
in America, Chapters 14
and 15.
Thursday, 10/16
The Juridification of
American Politics
and Policy
Silverstein, Law’s
Allure, Introduction
and Chapter 1.
Tuesday, 10/21
The Juridification of
American Politics
and Policy
Silverstein, Law’s
Allure, Chapter 2;
Rosenberg, “The
Dynamic and the
Constrained Court.”
Thursday, 10/23
Courts as a Substitute
for the Political Process
Silverstein, Law’s
Allure, Chapters 3
and 4.
Tuesday, 10/28
Courts as Participants in a
Constructive Pattern:
Environmental Regulation
Silverstein, Law’s
Allure, Chapter 5;
Rosenberg, “Cleaning
House.”
Week
12
Day/Date
Topic
Read
Thursday, 10/30
Courts as Participants in a
Deconstructive Pattern:
Campaign Finance
Silverstein, Law’s
Allure, Chapter 6;
Hasen, “Three Wrong
Progressive Approaches
(And One Right One)
to Campaign Finance
Reform.”
Tuesday, 11/4
Trial Courts and
Policy Change:
The Tobacco Industry
Silverstein, Law’s
Allure, Chapter 9;
Mather, “Theorizing
About Trial Courts.”
VI: Law and Public Policy: State Judiciary
13
Thursday, 11/6
Education Reform
From Hanushek and
Lindseth, Schoolhouses,
Courthouses, and
Statehouses, Chapters
4 and 5.
Tuesday, 11/11
Education Reform
(continued)
From Hanushek and
Lindseth, Schoolhouses,
Courthouses, and
Statehouses, Chapter 6.
Thursday, 11/13
Education Reform
(continued)
Buszin, “Beyond
School Finance”;
Vergara v. California;
Carey, “Why It’s
Problematic to Fix
Teacher Tenure
Through the Courts.”
VII. The Politics of Court Reform
14
Tuesday, 11/18
Tort Reform
Daniels and Martin,
“‘It is No Longer
Viable from a Practical
and Business
Standpoint’”; Henley,
“What Hope is There
for Meaningful Tort
Reform….”
Week
15
16
Day/Date
Topic
Read
Thursday, 11/20
Access to the Courts
Rhode, “Access
to Justice.”
Tuesday, 11/25
The Death Penalty
Walker, “How the
Malfunctioning
Death Penalty
Challenges the Criminal
Justice System”;
Hawkins, “Capital
Punishment and the
Administration of
Justice”; Steiker and
Steiker, “The Effect of
Capital Punishment
on American Criminal
Law and Policy.”
Thursday, 11/27
NO CLASS – THANKSGIVING HOLIDAY.
Tuesday, 12/2
Problem-Solving
Courts
Feinblatt and Denckla,
“Prosecutors,
Defenders, and
Problem-Solving
Courts”; Burke, “Just
What Made Drug
Courts Successful?”;
Lurigio, et al.,
“Therapeutic
Jurisprudence in
Action.”
FINAL EXAM STUDY QUESTIONS DISTRIBUTED
Thursday, 12/4
Review
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Friday, 12/12
FINAL EXAM, 1:30 PM – 3:30 PM