POLITICAL SCIENCE 346 Law and the Political System Schedule #: Class Meets: Class Location: Instructor’s Office: Office Hours: Phone/E-Mail: Fall 2013 Edward V. Heck 22479 MWF 1000-1050 Adams Humanities 3177 Adams Humanities 4117 Monday and Wednesday 1:15 – 3 p.m., or by appointment 619-594-4822/heck@mail.sdsu.edu The California Supreme Court finds protection for gay marriage in the state constitution, but in the 2008 general election the state’s voters approve Proposition 8, which amends the California Constitution to overturn the decision of the state’s highest court. A trial judge in Nevada sentences O.J. Simpson to at least nine years in state prison following his conviction on 12 criminal counts, including kidnapping and armed robbery. After a trial featuring testimony by expert witnesses in Federal District Court in San Francisco, Judge Vaughn Walker rules in favor of two same-sex couples who claim that Proposition 8 (“only marriage between a man and a woman is valid or recognized in California”) violates the U.S. Constitution – a decision later affirmed by the U.S. Court of Appeals for the Ninth Circuit. In San Diego, John Albert Gardner III avoids the death penalty by pleading guilty to the shocking rapes and murders of two teenage girls. A prisoner serving a life sentence in Florida files suit claiming that the prison system’s soy-based diet constitutes cruel and unusual punishment, while California prisoners win a judicial victory when the U.S. Supreme Court orders state officials to reduce overcrowding in state prisons in order to protect prisoners’ rights to health care. In response, Governor Jerry Brown announces that the state will reduce the prison population primarily by transferring inmates from state prisons to county jails, but a three-judge federal district court later concludes that the state has not fully complied with court orders. A 92year old woman who sold “suicide kits” over the Internet gets probation after pleading guilty to violations of federal tax laws. The U.S. Supreme Court shocks conservative activists with a ruling that the controversial “individual mandate” provision of the Patient Protection and Affordable Care Act – popularly known as “Obama care” – is constitutional. In the 2012 general election, President Obama is elected to a second term, while California voters modify the state’s controversial “three strikes” law. On the last day of its 2012-13 term, the Supreme Court reopens the door for gay marriage in California and strikes down the key provision of “DOMA” -- the act of Congress prohibiting federal recognition of same-sex marriages recognized under state law. What do these recent stories have in common? All illustrate the topic of “Law and the Political System,” and all have been headline news. If you follow newspapers or the Internet for a week, a month, or a semester, you will quickly learn to appreciate the truth of Professor David W. Neubauer’s observation that “it is hard to read the day’s news without being confronted with some aspect of court actions or how the law influences choices people and institutions make” (Neubauer and Meinhold, Judicial Process, 2004, p. xiii). These headline-making events and court cases leave little doubt that legal disputes and judicial decisions have a major impact on the American political system. On the other hand, it is -1- important to remember that most of these cases are not really typical of those handled by the courts on a day-to-day basis. The reality is that each year approximately 100 million cases are filed in America’s courts. Many are of little interest except to those directly involved. Our primary goal for the semester is to learn more about “law and the political system” so that we will be able not only to appreciate the cases that make headlines, but also to understand the more typical cases that courts address on a routine basis. In assigned readings, class discussions, and special projects we will adopt what scholars have called the “law in action perspective,” applying a wide variety of methods in an effort to learn all we can about how courts handle “typical” criminal and civil cases. We can then focus on similarities and differences as we follow more celebrated cases through the mass media. This semester we will also emphasize the day-to-day work of lawyers, the professionals who serve as intermediaries between legal institutions and the public. For political scientists who study the courts, the bottom line is that it is important to understand the legal system because courts make authoritative decisions on a wide range of important issues. Political Science 346, therefore, is designed to provide a broad, general overview of courts as political institutions and judges as political actors. We will seek to understand the dynamics of American courts at all levels – from local civil and criminal trial courts to the U.S. Supreme Court. After completing this course, each student should understand how courts are involved in political processes and should be developing the ability to place news reporting of court cases in context. For political science majors and minors, the course provides credit in American politics (Field II). REQUIRED BOOKS The required books for this course are: Robert A. Carp, Ronald Stidham, and Kenneth L. Manning, Judicial Process in America (9th edition, 2014). Richard Brisbin and John Kilwein, Real Law Stories: Inside the American Judical Process (2010). You will need to have access to both books as soon as possible. Other assigned readings will be made available through the “Blackboard” site for this class under the “course documents” heading. Please note, however, that this class is not a “Blackboard course”; even the most conscientious reading of material posted on “Blackboard” is no substitute for regular class attendance and active participation in class discussion. For students who enjoy reading novels, I strongly recommend John Grisham’s A Time to Kill (for a fictional tale about a criminal trial in a “celebrated” case) or The Appeal (for insights into civil litigation and state judicial selection). A review essay on A Time to Kill is one of three options you may choose for the “final course project.” You may also be expected to complete additional readings for oral reports or in-class activities. I encourage you to make a habit of checking the Internet or a daily newspaper for stories on current events that are related to our ongoing study of law and the political system and to turn in a copy of an interesting story about courts and the judicial process on the first Friday of each month. -2- STUDENT LEARNING OBJECTIVES By the end of the semester, you will be able to: explain the varieties of judicial tribunals that constitute the American dual court system (i.e. “find the courthouse”). discuss the wide variety of tasks performed by lawyers and judges and provide specific examples of different kinds of legal work. explain the informal processes through which most court cases are resolved and compare the decision making process in routine cases to the handling of “celebrated” cases reported in the mass media. take a position in current debates on legal issues and support your conclusions with well-reasoned arguments. analyze data derived from social science studies of law, courts, and the political process. observe courts in action and compare and contrast different kinds of judicial proceedings using tools and concepts drawn from assigned readings. COURSE REQUIREMENTS AND GRADING The testing program for this class includes frequent “progress” quizzes, two major exams during the semester, and a final exam or course project. Course requirements and points available for each activity or assignment are as follows: 1. 2. 3. 4. 5. “Progress” Quizzes 45 points Contributions to Class Discussion 15 points Midterm Exam I (October 9) 45 points Midterm Exam II or “Semifinal Exam” (November 20) 45 points “Final Course Project” (choose comprehensive final exam or one of two course project options) 50 points TOTAL 200 points Course grades will be determined by the cumulative point total for these assignments. The range for each grade is as follows: A = A- = B+ = B = B- = C+ = C = 184-200 points 180-183 points 176-179 points 164-175 points 160-163 points 156-159 points 144 -155 points 3 C- = 140-143 points D = 120-139 points F = below 120 points “Progress Quizzes” are short in-class tests designed to check your progress in mastering reading assignments and topics discussed in class. These quizzes will consist primarily of objective questions (multiple choice, true/false, short answer) and may be administered in oral or written form. There will be seven such quizzes (each worth nine points) this semester. Only the five highest scores on these quizzes will count in determining your grade; the two lowest scores will be dropped. However, it is important to note that any student who is not present when a progress quiz is given will automatically receive a score of “0” for that quiz. It is simply not possible to adjust the quiz schedule to accommodate individual needs (even if such realities of life as family emergencies, car breakdowns, or inflexible work requirements make it impossible for you to be in class), so makeup quizzes are not available. Dropping the two lowest scores means that quizzes should make a positive contribution to your final grade, but you need to make the effort to be present for as many quizzes as possible. Specific dates for these quizzes are indicated under weekly reading assignments on the syllabus. When a quiz is given at the beginning of class, the subsequent discussion will normally be organized around the quiz questions. Because I expect each member of the class to be actively engaged in the learning enterprise, a small percentage of your course grade will be based on contributions to class discussion. Each member of the class will receive a score between “0” and “15” based on his/her overall contributions throughout the semester. When it comes to assessing the value of individual contributions to class discussion, quality will be weighed more heavily than quantity. Since it is impossible to contribute if you are not present, attendance counts. The single best way to contribute is to volunteer for an inclass activity that involves an oral presentation to the class, such as a debate, a court simulation (in October, we will have one or more simulations of a U.S. Supreme Court case involving prayer in city council meetings), or an oral summary of key points of one of the interviews in Real Law Stories. On the first Friday of each month students may earn “contributions” credit for handing in a copy of a news story related to law, courts, and the judicial process. To encourage active participation, I may sometimes call on specific individuals to answer questions or comment on assigned readings. In short, there are many ways to earn points for contributions, but you can almost guarantee a high score by attending class regularly, asking or answering questions, making one oral presentation or participating in a simulation in class, and handing in relevant news stories on a regular basis. Mastery of course materials will be measured in part by two 45-point in-class exams. These required exams have been scheduled for Wednesday, October 9 (first midterm) and Wednesday, November 20 (second midterm or “semifinal” exam). These exams may include an essay or hypothetical problem, as well as identification or other short answer questions and multiple choice or other types of objective questions. Students are expected to take these exams at the scheduled times. However, anyone who is unable to take a major exam as scheduled because of serious illness or other compelling reason may contact the instructor by phone (619-594-4822) or email (heck@mail.sdsu.edu) before the beginning of the exam to establish eligibility for a makeup. 4 At the end of the semester, students will have a choice of three different options for completing course requirements – a comparative court watching project, a review essay on John Grisham’s A Time to Kill, or a comprehensive final exam. For most students I would recommend the court watching project, particularly for those whose schedules are flexible enough to allow time to attend judicial proceedings without missing too many classes or neglecting other pressing obligations. Details and due dates for the court watching and review essay assignments will be discussed in class and/or announced in handouts. The final exam (for those choosing that option) will be given on Friday, December 13 at 10:30 a.m. All quizzes, exams, and papers in this course must be the individual work of the student in whose name the work is submitted. A University is a community of scholars dependent on mutual trust. Academic dishonesty in all its forms undermines this essential attribute of a University and cannot be tolerated. Students who feel that they might be tempted to engage in cheating, plagiarism, providing unauthorized assistance, turning in another’s work as one’s own, sharing one’s work with a fellow student, or any other form of academic dishonesty should drop this course immediately. The instructor’s office is in Room 4117 of Adams Humanities. Regularly scheduled office hours for this semester are listed above. If these times are not convenient, I will be happy to make a special appointment, particularly on Friday afternoons. To make an appointment, please see me after class or (even better) request a specific day and time via email. READINGS AND CLASS PARTICIPATION Listed below are the topics to be covered and assigned readings for each week of the semester. Each week’s assignment should be divided into three roughly equal parts with the first third completed before Monday’s class, the second third for Wednesday’s class, and the entire week’s assignment prior to Friday’s class. Because the assigned readings will generally be the point of departure for class discussion, regular and thoughtful preparation is vital. Even if no specific assignment is given, it is your responsibility to review your notes and read the appropriate assignments listed on the syllabus. I encourage you to formulate questions or comments as you read and to come to class prepared to share your observations or questions with the class. Discussion of interesting or difficult topics may be carried over from one week to the next. Careful preparation will certainly be one of the keys to making this course a worthwhile educational experience. Class discussion will generally focus on assigned readings and may also feature discussion of current issues or events that illustrate the general themes of the course. The class is organized on the assumption that students will attend class regularly. Barring serious illness or unavoidable prior commitments, I see no legitimate reason for missing class. It is my intention to begin class promptly at 10 a.m., so please make a serious effort to arrive on time. You will probably find it useful to have the appropriate books with you in class, particularly when we discuss interviews in Brisbin and Kilwein’s Real Law Stories or charts and tables from the textbook. Active student participation is a crucial feature of this class. Debate is encouraged, and students are urged to initiate discussion of topics which interest them and to ask questions at any time. 5 COURSE TOPICS AND ASSIGNED READINGS FIRST WEEK (Aug. 26-30) – Course Introduction: Law and Politics in American Courts Litigating for Separation of Church and State: Federal Courts and the Establishment Clause Assigned Reading: Robert A. Carp, Ronald Stidham, and Kenneth L. Manning, Judicial Process in America (9th ed., 2014) (Carp, Judicial Process), Chapter 1 and pp. 89-90 and 235-236. David W. Neubauer, “Courts and the Legal System” (available on “Blackboard”). U.S. Constitution, First Amendment and 14th Amendment (Section 1) in Carp, Judicial Process, pp. 445 and 452. “U.S. Supreme Court agrees to hear town meeting prayer case,” Reuters, May 20, 2013 (“Blackboard”). Special Assignment for Week 1 Find a story on the Internet or in a newspaper that deals with the courts or other aspects of law and the political system. Come to class prepared to discuss this story on Wednesday, August 28. Students who turn in a copy of a news story dealing with “law and courts” (with answers to a few simple questions) on either August 28 or August 30 may earn up to three points under the “contributions” heading. Supplementary Resources (If you would like to be the first person in the class to present an oral report, please see the instructor after class on Aug. 26 or Aug. 28 to sign up for an oral report on one of the cases listed below. Abington School District v. Schempp, 374 U.S. 203 (1963). Marsh v. Chambers, 436 U.S. 783 (1983). SECOND WEEK (Sept. 4-6) – Lawyers and Their Work: Introduction to Real Law Stories Assigned Reading: Richard Brisbin and John Kilwein, Real Law Stories: Inside the American Judicial Process (2010) (Brisbin, Real Law Stories), pp. 1-12. John Grisham, A Time to Kill, pp. 18-33 (available on “Blackboard”). Brisbin, Real Law Stories, pp. 120-131 (Robert V. Eye). Contributions Credit 6 Students may receive one point of “contributions” credit for handing in a newspaper clipping or printout of an Internet story dealing with law, courts, and the judicial process on Friday, Sept. 6. Answering questions about this news story is not required. THIRD WEEK (Sept. 9-13) – The Dual Court System: Federal Courts State Courts and Judges: From California to Massachusetts Progress Quiz # 1 – Monday, Feb. 9 Assigned Reading: Carp, Judicial Process, Chapter 2 and pp. 75-80. Carp, Judicial Process, Chapter 3 and pp. 80-81 (“Jurisdiction of State Courts”). “State Trial Courts of General Jurisdiction” and “State Courts of Last Resort” (“Blackboard”). Grisham, A Time to Kill, pp. 39-45 (“Blackboard”). Brisbin, Real Law Stories, pp. 219-224, pp. 225-232 (Dan Hogan) and pp. 233-243 (Rick Savignano). FOURTH WEEK (Sept. 16-20) – Courts and Elections: State Courts Lawyers, Litigants, and Interest Groups in the Judicial Process Progress Quiz #2 – Wednesday, Sept. 18 Assigned Reading: Carp, Judicial Process, Chapter 5. Bill Mears, “Former Justice O’Connor leads push to end judicial elections,” CNN Online, Dec. 15, 2009 (“Blackboard”). “Ouster of Iowa Judges Sends Signal to Bench,”New York Times, Nov. 3, 2010 (Blackboard). Carp, Judicial Process, pp. 181-196. Brisbin, Real Law Stories, pp. 52-59 (Deborah Pascente Lifka). Carp, Judicial Process, pp. 197-202 and 395-396. Brown v. Board of Education and Bolling v. Sharpe (“Blackboard” or locate full opinions online at a website such as www.findlaw.com/casecode/supreme.html). (Click on “party name search”). Oral Reports Students may volunteer to give oral reports on the career paths and activities of the following lawyers interviewed in Brisbin, Real Law Stories: Earl LeVere (pp. 90-101), Salene Mazur (pp. 102-110), or Anne E. Becker (pp. 132-142). 7 FIFTH WEEK (Sept. 23-27) – Varieties of Civil Litigation “Grievances” and the Decision to Consult a Lawyer The Civil Trial Process Assigned Reading: Carp, Judicial Process, pp. 271-276. Brisbin, Real Law Stories, pp. 13-25, pp. 60-72 (Scott Friedman), and pp. 244-253 (Judge Steven King). Carp, Judicial Process, pp. 276-282. Brisbin, Real Law Stories, pp. 111-119 (Linda Rice). Carp, Judicial Process, pp. 282-291. San Diego County Juror Handbook (“Blackboard”). SIXTH WEEK (Sept. 30-Oct. 4) – Lawyers and Civil Litigation Progress Quiz # 3 – Monday, September 30 Assigned Reading: Brisbin, Real Law Stories, pp. 82-89 (Jeffrey M. Byer). David W. Neubauer, “Traditional vs. Policy Lawsuits” (“Blackboard”). Brisbin, Real Law Stories, pp. 27-51 (Paul Cranston and Dan Cooper). Anne Krueger, “Jury orders dentist to pay former patient,” San Diego Union-Tribune, Nov. 22, 1997 (“Blackboard” or handout). Brown v. Plata (U.S. Supreme Court, 2011). Locate and read majority opinion online (see www.supremecourt.gov ). Contributions Credit Students may receive “contributions” credit for handing in a newspaper clipping or printout of an Internet story dealing with law and the political system on Friday, Oct. 4. SEVENTH WEEK (Oct. 7-11) – First Monday in October The Supreme Court and the Establishment Clause FIRST MIDTERM EXAM — Wednesday, October 9 Assigned Reading: Carp, Judicial Process, pp. 79-80 and 27-34 (review). “Visitor’s Guide to Oral Argument,” www.supremecourt.gov. (follow “oral arguments” link). 8 Brisbin, Real Law Stories, pp. 73-81 (Scott Himsel). Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission (2012) (“Blackboard”) Supplementary Resources: (Students who do not have roles in our simulation(s) may volunteer to present oral reports on the following establishment clause cases: Everson v. Board of Education, 330 U.S. 1 (1947). Abington School District v. Schempp, 374 U.S. 203 (1963). Lemon v. Kurtzman 403 U.S. 602 (1971). Lynch v. Donnelly, 465 U.S. 668 (1984). (Emphasize Justice O’Connor’s concurring opinion and compare it to Chief Justice Burger’s majority opinion). Wallace v. Jaffree, 473 U.S. 38 (1975). Allegheny County v. American Civil Liberties Union, 492 U.S. 573 (1989). Lee v. Weisman. 505 U.S. 577 (1992), Santa Fe Independent School District v. Doe, 530 U.S. 290 (2000). EIGHTH WEEK (Oct. 14-18) – Prayer and the Town Council: In the Lower Courts Prayer and the Establishment Clause: Principles and Tests Supreme Court Simulation: Town of Greece v. Galloway Marsh v. Chambers, 436 U.S. 783 (1983). Read majority opinion on line or excerpts on “Blackboard.” Use the Supreme Court website (supremecourt.gov) to learn about briefs filed in the case of Town of Greece v. Galloway. For “question presented” and briefs of parties and “friends of the court” (amici curiae), follow the link under “merits briefs” to: http://www.americanbar.org/publications/preview_home.alphapetical.html NINTH WEEK (Oct. 21-25) – Establishment Clause Review Crime and Procedure Prior to a Criminal Trial Progress Quiz # 4 – Monday, Oct. 21 Assigned Reading: Brisbin, Real Law Stories, pp. 143-151 and 153-162 (Rita Peerenboom). Carp, Judicial Process, Chapter 9. Brisbin, Real Law Stories, pp. 163-173 (Michelle Reichenbach). 9 TENTH WEEK (Oct 28-Nov. 1) – The Determination of “Probable Cause”: Grand Jury vs. Preliminary Hearing Resolving Criminal Cases: Prosecutor Screening and Plea Bargaining Assigned Reading: Carp, Judicial Process, pp. 225-227 (review). Grisham, A Time to Kill, Chapter 12 (pp. 125-139) (“Blackboard”). Brent Schrotenboer, “Burglary case dismissed against SDSU’s Wade,” San Diego UnionTribune, Dec. 5, 2008, pp. D1 and D4 (“Blackboard”). David W. Neubauer and Stephen S. Meinhold, “Case Attrition” and “The Criminal Justice Wedding Cake” (“Blackboard”). Kevin Acee, “SDSU Recruit won’t face DA sex charges,” San Diego Union-Tribune, Oct. 23, 1999, p. D6 (“Blackboard”). “D.A. not charging Roethlisberger in assult,” April 10, 2010 (“Blackboard”). Carp, Judicial Process, pp. 228-234 (review). Brent Schrotenboer, “Bush (Matt, not George) to plead guilty as part of plea deal,” San Diego Union-Tribune, June 9, 2009, p. D5 (“Blackboard”). Brisbin, Real Law Stories, pp. 174-190 (Traci Cook). Contributions Credit Students may receive “contributions” credit for handing in a newspaper clipping or printout of an Internet story dealing with law and courts on Friday, November 1. ELEVENTH WEEK (Nov. 4-8) – Lawyers and the Processing of Criminal Cases When Negotiations Fail: The Criminal Trial Process Progress Quiz #5 – Wednesday, November 6 Assigned Reading: Brisbin, Real Law Stories, pp. 191-199 (David Godwin) and pp. 200-208 (J. Luis Guerrero). Carp, Judicial Process, pp. 241-256. San Diego County Juror Handbook (“Blackboard”) (review). TWELFTH WEEK (Nov. 13-15) — After the Trial: California’s “Three Strikes Law” Goes to the Supreme Court (and eventually to the voters) Death Penalty: The “Bifurcated” Trial Assigned Reading: 10 Carp, Judicial Process, pp. 257-266. M. Ethan Katsh, Taking Sides: Clashing Views on Controversial Legal Issues (14th ed.), pp. 250-265 ( Is a Sentence of Life in Prison for Stealing $150 Worth of Videotapes Constitutional?) (“Blackboard”). Greg Moran, “Wave of Three-Strikes Resentencing Hearings Starts,” U-T San Diego, Feb. 24, 2013 (Blackboard). Gregg v. Georgia (1976) (excerpts on “Blackboard”). Brisbin, Real Law Stories, pp. 209-217 (Cynthia Short). THIRTEENTH WEEK (Nov. 18-22) – The Death Penalty in California: The Gardner Case and the Future Debates about Judicial Selection: State Courts and Judicial Elections * * * SECOND MIDTERM EXAM – Wednesday, November 20* * * Assigned Reading: Dana Littlefield and Matthew T. Hall, “Gardner Pleads Guilty, San Diego Union-Tribune, April 17, 2010, pp. A1 and A11 (“Blackboard”). Carp, Judicial Process, Chapter 5 (review). Brisbin, Real Law Stories, pp. 263-275 (Larry V. Starcher). FOURTEENTH WEEK (Nov. 25) – Federal Judges: Nomination and Confirmation Assigned Reading: Carp, Judicial Process, Chapter 6. Brisbin, Real Law Stories, pp. 254-262 (Richard Stearns). Joseph Williams, “Sotomayor confirmation breaks barriers,” Boston Globe, Aug. 7, 2009 (Blackboard). This class will not meet on Wednesday, Nov. 27. Your assignment is to identify a person nominated to the federal courts by President Obama and locate a story about that judge on the Internet. If you select a judge nominated for a seat on a federal district court or one of the U.S. Courts of Appeals, you may have a final opportunity to present an oral report to the class after Thanksgiving break. FIFTEENTH WEEK (Dec. 2-6) – Policy Links: Research on Judicial Decision Making Decision Making in Appellate Courts 11 Progress Quiz #6 – Wednesday, December 4 Assigned Reading: Carp, Judicial Process, Chapter 7 and pp. 294-310, including Table 12-1 (p. 306). Carp, Judicial Process, Chapter 13 and pp. 305-309 (review). Special Projects/Reports Students may receive “contributions” credit for handing in a printout on Friday, Dec. 6 of biographical information (other than Wikipedia articles) about any of President Obama’s nominees for seats on federal courts. Students may also volunteer to give oral reports on specific lower court nominees such as David F. Hamilton, Edward J. Davila, Mary H. Murguia, or Goodwin Liu. SIXTEENTH WEEK – (Dec. 9 -11) -- Law School and Legal Profession: Do I Really Want to walk down this Road? Conclusions and Reflections: Drugs and Crime Progress Quiz #7 – Monday, December 9 (Required) Assigned Reading: Carp, Judicial Process, Chapter 8 (review). “Pot Dealer to do Eight Years in Prison, “ U-T San Diego, Jan. 25, 2013 (Blackboard). Greg Moran, “Case Against Ramona Couple Adds to Medical Pot Debate,” U-T San Diego, March 24, 2013 (Blackboard). Carp Judicial Process, Chapter 15. Contributions Credit (Last Chance) Students who have not given an oral presentation during the semester have one additional last chance to earn contributions credit by handing in a brief essay summarizing the Senate confirmation vote on one controversial federal court nominee of President Obama (such as David F. Hamilton, Goodwin Liu, Edward M. Chen, Sonia Sotomayor, or Elena Kagan) and analyzing the significance of partisan polarization in the confirmation process. FINAL EXAM – Friday, December 13 at 10:30 a.m. 12