GOVT 301-003
Public Law and the Judicial Process
Department of Public & International Affairs
George Mason University
Fall 2013
Instructor: James Burroughs - JD, MPA
Phone: 703/993-2956
E-Mail - jburroug@gmu.edu
Fairfax Adjunct Office: A252 Robinson – One hour before class and 5-7pm Monday. By Appt after
class.
Class Time/Location: M/W 9-10:15am, 2026 Art & Design Bldg.
Course Description: This course is designed to familiarize students with the American legal system.
We will examine the structure and operations of courts at various levels, look at the roles played by
individuals in the system, and consider a number of philosophical issues in American law. Much of our
consideration will look at courts, especially higher-level courts, as players in larger political and social
issues. In addition, we will look at more general theories of law, justice, and society that play a role in
our philosophical and political debates.
Texts: There are three required texts for this class:
Carp, Stidham and Manning. Judicial Process in America, 9th ed (2014)
Carter & Burke. Reason in Law, 8th ed (2009)
Other Readings: Journal articles listed in the syllabus are available through the GMU library
databases or have the internet URL listed. You can find the articles using the E-Journal finder tool on
the library website using the journal name, publication year, author and title from the syllabus.
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Course Requirements and Grades: Overall grades will be based on a short legal research assignment, two
written projects and on two exams. All work must be submitted on time; late papers will be marked down. No
work submitted later than one week after due date will be accepted. The instructor retains discretion to award
extra credit for high quality classroom participation. Students may be asked to discuss their paper topic with the
class.
The instructor will use the GMU email system to send schedule changes, explain assignments and otherwise
communicate with the class. Students are responsible for regularly checking their GMU email or for having
their GMU email forwarded to their regularly used email address.
All work submitted must be done exclusively by the student, referenced appropriately and is subject to the GMU
Honor Code.
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Papers are graded based on two general factors: 1) Content and analysis, and 2) Organization and grammar.
Better papers use more references and use better sources such as academic journals and law related books.
Internet references are highly variable in quality ranging from very good to just awful. The graded projects are
as follows:
1) Internet Legal Research Assignment (5%)
2) Legal Analysis Paper. Students will analyze a recent Supreme Court case using the methods and techniques
of legal analysis found in the Carter & Burke text. (5-7 pages) (20%)
3) Paper on Supreme Court Decision - An analysis of a landmark Supreme Court decision on a major social or
political issue. This paper should make use of law reviews, policy/political journals, treatises, and textbooks
(other than the class texts). A list of topics and cases will be circulated during the semester. (6-8 pages) (25%)
3) Mid-term Exam – (25%)
4) Final Exam – (25%)
GOVT 301 - Class Schedule
Aug 26 - First Day of Class. Introduction to law and legal reasoning
Aug 28 - Legal History and Philosophy
Carp and Stidham – Chapter 1
Mark Howenstein. Law, Culture and the Humanities. “Socrates and the Moral Limits of Legal
Obligation. (2009), 5:55-76.
Frank Marini. Public Administration Review. “The Uses of Literature in the Exploration of
Public Administration Ethics: The Example of Antigone”. Sept-Oct 1992.
Sept 2 – Labor Day – No Classes
Sept 4 – Thinking about Law, Justice and Society – Development of Law video
Sept 9 & 11 - Legal History and American Constitutionalism
Readings: O’Brien – Chaps 1, 2, 15, 16, 17, 29 & 31. App. B – Federalist 78
Michael Glennon. The Wilson Quarterly. “The Case that made the Court”. Summer 2003.
Aviam Soifer. Michigan Law Review. “If History Mattered: John Marshall and Reframing the
Constitution”. May 2003.
Constitutional Basis of American Law
Readings: Read the Declaration of Independence and the Constitution of the United States. After
reading both documents identify the complaints against the King of England in the Declaration and then
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identify how the complaints were dealt with in the Constitution. Copies of the Declaration are available
via the internet at Findlaw, from the National Archives and many other locations. The Constitution is
found in the back of the Carp & Stidham text. You may want to make a side-by-side comparison or list
the complaint, then the solution.
Sept 16 & 18 – Introduction to Legal Reasoning and Legal Research
Carter - Chapter 1-3
Internet: Lawnerds.com - Read Parts 1 & 2 Legal Reasoning (IRAC formula)
Sept 23 & 25 - Organization of the Judicial System .
Carp & Stidham - Chapters 2,3,4
O’Brien – Chapters 7, 9, 32, 33 & 34
Legal Research Assignment (Due 9/25)
Sept 30 & Oct 2 - Participants in the Judicial Process
Carp & Stidham - Chapter 5, 6, 8
O’Brien – Chapters 5 & 6
Jayne W. Barnard. Boston University Law Review. "REVIEW ESSAY: PRIVATE
PRACTICE FOR PUBLIC CONSUMPTION: TWO VIEWS OF CORPORATE LAW". Vol 73, Page
121. January 1993.
Oct 7 & 9 - Criminal Courts & Process
Carp & Stidham - Chapters 9 & 10
Abbe Smith and William Montross. Mercer Law Review. "The Calling of Criminal Defense".
Vol 50, Page 443. Winter 1999.
Alan Vinegrad. Hofstra Law Review. "The Role of the Prosecutor: Serving the Interests of
All the People". Vol 28, Page 895. Summer, 2000.
Video – And Justice for All.
Oct 9 – First Paper Due
Oct 14 Monday – No Class – Columbus Day
Oct 15(Tuesday) & 16 - Criminal Process continued/Midterm Exam
Oct 16 – Midterm Exam
Oct 21 & 23 - Civil Law and Civil Courts
Carp & Stidham - Chapter 11
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Oct 28 & 30 – Torts, Contract and Property Law
Coleman and Mendlow. “Theories of Tort Law” Stanford Encyclopedia of Philosophy. Internet
URL: http://plato.stanford.edu/entries/tort-theories/
A couple of references to show the debate over Tort Law and Tort Reform (some tongue in cheek):
1) Internet URL: http://abovethelaw.com/tort-reform/
2) Kevin Cain. “And now the Rest of the Story: The McDonald’s Coffee Lawsuit” Journal of
Consumer and Commercial Law. Internet URL: http://www.jtexconsumerlaw.com/V11N1/Coffee.pdf
Carruthers, B. G., & Ariovich, L. “The Sociology of Property Rights”. Annual Review of
Sociology, 30, 23-46 (2004)
Basic Elements of Contract Law: 1)Wikipedia: https://en.wikipedia.org/wiki/Contract
Contracts Podcast: http://podcasts.powerscore.com/lsat/contract-law/
Nov 4 & 6 – Administrative Law & International Law
Readings: David H. Rosenbloom, " Retrofitting the Administrative State to the Constitution:
Congress and the Judiciary's Twentieth-Century Progress". Public Administration Review, Jan 2000
v60 i1 p39.
Overview of International Law – Legal Information Institute (one page)
http://www.law.cornell.edu/topics/international.html
Ronald Brand. “Sovereignty: The State, the Individual, and the International Legal
System in the Twenty First Century”. Hastings International & Comparative Law Rev, Summer 2002
Nov 11 & 13 – Judges, Judicial Selection, Judicial Politics and Judicial Policymaking
Carp & Stidham - Chapters 7, 14 & 15
O’Brien – Chapter 4
Stuart Taylor Jr., National Journal, "JUDICIAL SELECTIONS: COMPROMISE ON
IDEOLOGY, NOT QUALITY". May 12, 2001 v33 i19 p1379.
Ed R. Haden, Harvard Journal of Law & Public Policy. "Judicial selection: a pragmatic
approach". Spring 2001 v24 i2 p531.
Ronald George. Daedalus. “Why state courts - and state-court elections – matter”.
(2008) 137(4), 110-121.
Brian Arbour & Mark McKenzi. Judicature. “Has the "New Style" of judicial campaigning
reached lower court elections?” (2010) 150-160.
Nov 18 & 20 – Judicial Decision Making Processes
Carp & Stidham - Chapters 12 & 13
O’Brien – Chapters 8-14
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Nov 25 - Interpretation of Law: Constitution, Statutes & Rules – Part 1
Carter - Chapters 4 & 5
O’Brien – Chapters 17-20
Rossum. “The Textualist Jurisprudence of Justice Scalia. (Supreme Court Justice Antonin
Scalia). Perspectives on Political Science. Winter 1999.
Eskridge. “A Matter of Interpretation: Federal Courts and the Law. (book reviews)”.
Michigan Law Review. May 1998 v96 n6 p1509-1560.
Clark Neilly. Harvard Journal of Law and Public Policy. “The Right to Keep and Bear Arms in
the States: Ambiguity, False Modesty and maybe Another Win for Originalism”. Winter 2010, p 185.
Nov 27 – No Class – Thanksgiving Break
Dec 2 - Interpretation of Law: Constitution, Statutes & Rules – Part 2
Carter – Chapter 6
O’Brien – Chapters 22-28
Martin Luther King. “Letter from a Birmingham Jail”. http://www.hnet.org/~hst306/documents/letter.html
Handout: TBD
Dec 2 – Supreme Court/ term paper due
Dec 4 – Last Day of Class - Exam Review
Dec 16 (Monday) – FINAL EXAM – 7:30-10:15am
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