POLS 4080 - Legal Theory
Spring 2015
301 Baldwin Hall
MWF 1:25-2:15
Instructor:
Office Hours:
Anthony Michael Kreis
kreis@uga.edu
Wednesday 8-10am, by appointment
The course is designed to introduce students to the form of legal reasoning that judges employ in
deciding cases and to provide students with an understanding of some of the major issues and
controversies faced by courts in interpreting and evaluating legal arguments. The central
questions discussed include the following:
(i)
(ii)
(iii)
Why do judges and legal practitioners disagree about the proper approach to
reasoning about the law?
What standard should judges apply when interpreting contested questions of law?
If judges are not bound by the literal terms of statutory law, do they then
possess unfettered discretion to amend the law?
Grades
Your active participation is crucial to the course’s success. I will not lecture, but rather seek to engage the
class in meaningful discourse. Your attendance and performance in class discussion counts for 25% of
your final grade. In order to receive full credit you are expected to:
Attend: You are required to attend every day. If you must miss a class due to unavoidable
circumstances (medical, academic, athletic), let me know in advance and provide documentation
for the reason of absence.
Participate: You are expected to freely and respectfully contribute to the discussions in class.
Be Prepared: Read the assigned materials.
25% oral arguments, week of March 2nd
10% paper presentations, final two weeks of class
40% 10-page paper due in hardcopy on April 29th at noon, in class.
Late assignments will NOT be accepted.
Special Accommodations
Students with a disability or other health related issues who need a class accommodation should make
arrangements with the Disability Resource Center and speak with me as soon as possible.
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Academic Honesty
There is a zero tolerance policy for plagiarism and other forms of academic dishonesty. Please be aware of
these policies. The University’s policies, with which you should be familiar, are available at
http://honesty.uga.edu/
Texts
Bickel, The Least Dangerous Branch
Clark, The Limits of Judicial Independence
Ely, Democracy and Distrust
Whittington, The Political Foundations of Judicial Supremacy
Schedule (subject to amendment)
January 5
January 7
January 9
Introductions
Alexander Hamilton The Federalist
Papers, No. 78
Kamper v. Hawkins 1 Va. Cases 20
(1793)
Marbury v. Madison, 5 U.S. (1 Cranch)
137, 163-180 (1803)
Calder v. Bull 3 U.S. (3 Dall.) 386
(1798)
Eakin v. Raub 12 Serg. & Rawle 330,
344 (Pa. 1825)
January 12
January 14
January 16
James Bradley Thayer, “The Origin and
Scope of the American Doctrine of
Constitutional Law,” Harvard Law
Review 7 (1893): 129
Bradley C. Canon, “Defining the
Dimensions of Judicial Activism,”
Judicature 66 (1983): 237.
Philip Hamburger, “A Tale of Two
Paradigms: Judicial Review & Judicial
Duty,” George Washington L. Rev. 78
(2010): 1162
January 19
January 21
January 23
No Class MLK Day
Alexander M. Bickel, The Least
Dangerous Branch, Chapter 1-2
Bickel, Pages 73-127
January 26
January 28
January 30
Bickel 127-199
Bickel Chapter 5 & 6
Jeremy Waldron, “The Core of the
Case against Judicial Review,” Yale
Law Journal 115 (2006): 1346
February 2
February 4
February 6
United States v. Carolene Products, 304
U.S. 144 (1938)
Ely, Chapter 2-3
Ely, Chapter 4
February 9
February 11
February 13
Ely, Chapter 5
Ely, Chapter 6 & Conclusion
Kreis, Marriage Equality in State and
Nation, William & Mary Bill of Rights
Journal (2014)
Ely, Chapter 1
2
February 16
February 18
February 20
Whittington, Chapter 1
Whittington, Chapter 2
Whittington, Chapter 3
February 23
February 25
February 27
Whittington, Chapter 4
Whittington, Chapter 5
Whittington, Chapter 6
March 2
March 4
March 6
Oral Argument
Oral Argument
Oral Argument
March 9
March 11
March 13
SPRING BREAK
SPRING BREAK
SPRING BREAK
March 16
March 18
March 20
Clark, Chapter 1 &2
Clark, Chapter 3
Clark, Chapter 4
March 23
March 25
March 27
Clark, Chapter 5
Howard Gillman “How Political Parties
Use the Courts to Advance their
Agendas,” APSR 96 (2002): 511
Roe v. Wade
Casey v. Planned Parenthood
March 30
April 1
April 3
Bowers v. Hardwick
Lawrence v. Texas
Frontiero v. Richardson
United States v. Virginia
DeBoer v. Snyder
April 6
April 8
April 10
Shelby County v. Holder
Sherbert v. Verner
Yoder v. Wisconsin
Employment Division v. Smith
TBD
April 13
March 15
March 17
TBD
Presentations
Presentations
April 20
April 22
April 24
Presentations
Presentations
Presentations
April 27
Presentations
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