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SPRING 2013: INTRODUCTION TO FICTION: LITERATURE & LAW
(ENG 201 B2; PLS 295 C2 & IDS 301 C2)
TIME & ROOM: MWF 10-10:50 in HH 110
DURATION:
1/15/2013 - 5/8/2013
Instructors:
Dr. Olivia Archibald: http://homepages.stmartin.edu/fac_staff/oarchibald/index.htm
Office: O’Grady Library U3
Of hours Mondays and Wednesdays 1-3 pm; Fridays, 11-noon.
Phone: 438-4357 (always best to email)
Email: oarchibald@stmartin.edu
Shawn Newman, JD: http://homepages.stmartin.edu/fac_staff/snewman/
Email: snewman@stmartin.edu
Marianne Newman, marianne@newmanlaw.us
DESCRIPTION & CONTEXT: This course focuses on the broad theme of “Literature and Law” to
explore topics in short fiction and novels that arise out of the search for social justice and the nature of
law. Class readings, lectures, discussions, workshops, debates, and other class activities are organized
around issues of law, morality, “truth,” and “The Search for Justice.”
The law and literature movement is an emerging interdisciplinary field of study. It focuses on the
interdisciplinary connection between law and literature, a connection rooted in two major developments
in the intellectual history of law: 1) the growing doubt about whether law in isolation is a source of value
and meaning, or whether it must be plugged into a large cultural or philosophical or social-science
context to give it value and meaning; and 2) the growing focus on the mutability of meaning in all texts,
whether literary or legal.
As a student in this course, you will take four exams, write two papers (three papers if IDS student),
and participate in one of four debates. Attendance at all classes is expected.
PREREQUISITES: ENG 101, ENG 102.
GEN ED CREDIT: Available only if enrolled in course as an ENG 201 student.
REQUIRED TEXTS AND RESOURCES:
Law and Literature: Legal Themes in Short Stories. Editor Elizabeth
Villiers Gemmette
The Stranger. Albert Camus.
To Kill a Mockingbird. Harper Lee.
IN ADDITION:
Use SMU E-mail address [We will
frequently send course information
and articles of interest via e-mail]
See Moodle weekly assignments
.
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GOALS: Literature and Law is designed to enable students to become more critical readers of
literary texts and literary themes through the lens of legal issues, with the following goals in
mind:
1. Students will hone skills in reading and interpreting fiction as represented in the
genres of the short story and the novel via reading assignments, papers, debates,
discussions, exams, and lectures.
2. Students will develop an understanding of the nature of law and social justice through
the prisms of literature and legal issues via reading assignments, papers, debates,
discussions, lectures, exams, and a field trip.
3. Students will hone skills in understanding elements of fiction as represented in the
short story and novel genres through reading assignments, papers, debates,
discussions, exams, and lectures.
4. Students will be introduced to legal and moral themes, issues, and documents as
represented in the short story and novel through fiction and law-related reading
assignments, papers, debates, discussions, exams, and lectures.
5. Students will develop historical, intellectual, and social-political understandings of
our social world and the human condition and cultivate an importance of our
university’s emphasis of honoring the sacredness of the individual -- through our
course foci on existentialism, 19th century America, early 20th century race relations,
contemporary moral/legal/social issues, and other historical and intellectual periods
and issues as represented in the texts students are assigned and through the activities
of papers, debates, exams, discussions, and lectures.
6. Students will hone skills in writing interpretative arguments about literature and
researching/writing a law-related memo through the following assignments:
a) an argumentative paper of literary interpretation/analysis;
b) a law memo based on the activities of researching and writing about a legal issue
related to course readings.
7. Students will hone skills in oral discussions of literary interpretation, legal issues, and
oral argument via class discussions and participation in one of four debates during the
semester.
8. Students will develop skills researching and writing legal memos via activities that
include reading about the legal memo, researching legal issues, participating in a
writing workshop, and writing a legal memo.
9. Students will learn skills in basics of debate techniques and rules of conduct through
participation in one debate and observation/evaluation of three debates.
10. Students will cultivate an understanding of the significance of community in the
processes of learning, “becoming,” and all life enterprises through class discussions,
small group work, a writing workshop, and the debate project.
11. Students will hone the skills of working in a community of learners through class
discussions, small group work, a writing workshop, and the debate project.
12. Students will develop a lifelong love of learning and accomplishment in all arenas of
human endeavor, including a love of reading about literature, law, and the human
condition while living a life of faith, reason, and service.
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EXPECTATIONS:
 Attendance. Attendance will be taken at every class. You are expected to attend
each class and come to class on time. Repeated absence and/or excessive lateness
will affect the Daily Work grade in this course. Excessive absences (more than 5)
will result in failing the course. Students’ final grade for the course can be no higher
than a C with 4 absences; no higher than D with 5 absences; no higher than F with 6
or more absences. It is important to realize that missing class will affect your course
grade. A total of 20% of your grade is based on daily activities we do. If you are not
in class, you have failed to do that class’s activity. We will take attendance each
meeting; we mark unexcused absences as a zero for the day. The easiest way to fail
the course is not to attend class.
 Class Preparation. You should come to class with all assignments carefully read
and be prepared to actively engage yourself in all class activities. These activities
include thinking, listening, speaking, and writing involving such projects as
individual writing activities, small group work, and large group discussion.
 Due Dates and Exam Days. You are expected to honor all due dates for reading,
writing, and debate assignments. Late papers will be severely penalized (YOU NEED
TO GET THEM IN TO US ON TIME). We discourage missing exam day(s) so
much, we deliberately create much more difficult make-up exams. Please keep this
important information in mind throughout the semester.
 Writing Assignments and exams. Writing assignments will include two papers, a
literary interpretation/analysis paper and a legal memo. Failure to do one or both of
these assignments means failure of the course. Four exams will be given. To pass the
course, all exams must be completed and, when averaged, represent the overall score
of at least 60%.
 IDS Students. IDS students receive upper division credit for this course. Additional
expectations for IDS students include the following activities: 1) taking on a
leadership role as coordinator of four debates throughout the semester; and 2) writing
a brief reflection paper at the end of the semester on how the disciplines of literature
and law define/present “knowledge” based on your experiences and insights in the
course (paper must be posted in Moodle by 9:50 am, Apr. 29; more specifics TBA).
 Oral debates. All students are required to participate in one of four debates that
students will be assigned during the semester. Students who do not participate in a
debate on the day they are assigned will receive a final course grade no higher than a
“C” for the semester.
 Academic Honesty. The Saint Martin’s Student Handbook defines “academic
dishonesty” to include “cheating and plagiarism.” Sanctions and procedures are set
forth in the Handbook as well.
http://www.stmartin.edu/studentservices/pdf/studenthandbook.pdf, p. 88+. Written
classroom assignments must be your original work or properly cited sources. Acts of
academic dishonesty, plagiarism and cheating are considered unethical actions and a
violation of university’s academic policy and can result in your expulsion from SMU.
All work must be original (your own) and, when needed, properly documented. Even
though you will occasionally work in groups on writing activities with other class
members, we expect all essays and other written assignments to be the product of
your own work, unless otherwise stated. Research sources must be properly cited
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following documentation criteria established in the course. This class abides with the
university’s policy on plagiarism as detailed in the university’s Student Handbook. If
you plagiarize, you will receive an F on the assignment, you may receive an F for the
course, and the college may take disciplinary action against you.
 Writing Center. Although not a requirement, you should plan to visit the
university’s Writing Center for additional suggestions on drafts prior to final revision.
ENG 201/PLS 295 EVALUATION CRITERIA
4 Exams = 40%
2 Papers = 30%
(one paper will be a
legal memorandum)
1 Debate = 10%
Class Participation = 20%
IDS 301 EVALUATION CRITERIA
4 Exams = 40%
2 Papers = 30%
(one paper will be a
legal memorandum)
1 Debate = 10%
Class Participation, Debate Leadership Role, & Reflection Paper = 20%
Class participation includes: responding when called on as well as gratuitous
participation in class discussion, and raising helpful and provocative questions and
comments.
Evaluation criteria for Paper # 1 (literary interpretation/argument of an assigned short story;
five pages in length.) Example of such a paper and other assignment specifics will be given in a
handout when assignment is made Feb. 22. Assignment is due as a paper document handed to
Dr. Archibald and Professor Newman at the beginning of class March 20. No electronic
submissions; no email; no Moodle posting. Late papers will be severely penalized.)
“A” papers will be of impressive quality and demonstrate thorough, thoughtful analysis and assignment
interpretation. The quality of the ideas in the paper is truly outstanding. The paper evidences an excellent
command of standard academic conventions and legal terminology. You have been successful in meeting
the due date for the paper.
“B” papers will be of impressive quality and demonstrate thorough analysis and good assignment
interpretation. The quality of the ideas in the paper is good. “B” papers evidence at least a good command
of standard academic conventions and legal terminology. You have been successful in meeting the due
date for the paper.
“C” papers have interpreted the assignment correctly and are of adequate quality. They demonstrate
attention to the assignment but don’t go beyond it in any substantive way. “C” papers evidence at least an
adequate command of standard academic conventions and legal terminology.
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“D” and “F” papers evidence inadequate attention to ideas, to specifics of the assignment, and/or to
standard academic conventions. (Failure to complete one or more of the two course papers means failure
of the course.)
Evaluation criteria for Paper # 2 (a legal memorandum that will require research; six pages in
length; with at least seven primary and secondary sources.) Memo will be based on one of the
four debate themes and be written in the following sections: Issue, Answer, Analysis, and
Conclusion, with references cited as footnotes. More specifics of assignment and example of a
legal memo will be announced when assignment is given on Mar. 25. First draft due to share
with writing group on Apr. 12; second draft due as a Moodle posting by 9:50 am on April 17;
final draft due as a Moodle posting by May 1. No email submissions; no paper submissions.
Late papers will be severely penalized.
“A” memos will be of impressive quality and demonstrate thorough, thoughtful analysis and assignment
interpretation. The quality of the ideas in the memo is truly outstanding. The memo evidences an excellent
command of standard academic conventions, and legal terminology. Paper format, sources, and
documentation meet the requirements of the assignment. You have been successful in meeting both due
dates with a complete first draft and revised final draft.
“B” memos will be of impressive quality and demonstrate thorough analysis and good assignment
interpretation. The quality of the ideas in the memo is good. “B” memos evidence at least a good
command of standard academic conventions and legal terminology. Paper format, sources, and
documentation meet the requirements of the assignment. You have been successful in meeting both due
dates, attended the scheduled workshop with a complete draft, and offered helpful comments to group
members on the workshop’s reader response forms.
“C” memos have interpreted the assignment correctly and are of adequate quality. They demonstrate
attention to the assignment but don’t go beyond it in any substantive way. “C” memos evidence at least an
adequate command of standard academic conventions and legal terminology. Paper format, sources, and
documentation, for the most part, meet the requirements of the assignment. You have generally been
successful in meeting both due dates, attended the scheduled workshop with a complete draft, and offered
helpful comments to group members on the workshop’s reader response forms.
“D” and “F” memos evidence inadequate attention to ideas, to specifics of each assignment, and/or to
standard academic conventions. (Failure to complete one or more of the two course papers means failure
of the course.)
Evaluation criteria for debates.
In order to deepen students’ understanding of legal issues presented in several assigned
short stories and novels, students will be involved in debates, both as participant and as audience
member. Alongside this objective, we hope that the course debates will hone oral skills, deepen
understanding of targeted legal and social justice issues, and introduce at least an understanding
of the debate format.
Each student will be assigned to a debate team, participate in one debate, and observe
three debates during the semester. Each of the four teams will be assigned a specific topic for
the debate and a specific date. Days for debates are Feb. 11, Mar. 8, Apr. 3, and Apr. 26.
Specific debate topics are given in the assignment section of the syllabus under each of the
debate days. Dates for debates are firm –absence excused only with Doctor’s Excuse of illness.
Evaluation of each student as a team member in debates will occur in two ways:
50% = Team members’ evaluation of each other.
 Each team member will rank all group members in his/her team based on
1) efforts to plan and prepare for the debate; and 2) the team members’
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abilities to work in the community of a small group. This form will be
available as a Moodle post by the second week of the semester.
50% = Audience evaluation
 Audience evaluation of team members will be based on 1) substance of
arguments and number of examples given from stories read and legal
issues discussed; 2) organization of material presented; and 3) presentation
skills. The evaluation form used by audience members will be available
as a Moodle post by the second week of the semester.
 REMINDER - Students who do not participate in a debate on the day they are
assigned will receive a final course grade no higher than a “C” for the semester.
 REMINDER - Dates for debates are firm --absence is only excused with a Doctor’s
Excuse of illness. Students on sports teams should give us the name of their
coaches by the end of the first week so coaches can be made aware of this course
requirement and confer with us to determine the day of your debate; missing for
sports will not be treated as an excused absence when you are scheduled for a
debate.
Evaluation criteria for each of the four exams
 Four exams will be given. To pass the course, all exams must be completed
and, when averaged, represent the overall score of at least 60%.
93-100 = A
90-93 = A-
87-90 = B+
83-87 = B
80-83 = B-
77-80 = C+
73-77 = C
70-73 = C-
67-70 =D+
63-67 = D
60-63 = D-60 = F
STATEMENT TO STUDENTS WITH DISABILITIES:
Students wishing to request appropriate accommodations are responsible for initiating contact
with the Office of Disability Support Services. The office will access the individual needs of
each student, assist him or her in communicating those needs to faculty and staff and help the
student obtain the materials, services, and the assistance necessary to successfully pursue their
higher education. See: http://www.stmartin.edu/studentservices/pdf/studenthandbook.pdf, p. 18+.
CAUTION: ALL WORK FOR THIS CLASS MUST BE TURNED
IN BY THE TIME OF THE CLASS FINAL, 8 AM, MAY 8, TO BE
PART OF YOUR FINAL GRADE FOR THIS COURSE.
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Course syllabus ENG 201; PLS 295; IDS 301
DATE
Jan. 16
Introductions
FOCUS
Jan. 18 (N)
Natural, Divine, and Positive Law
Spring 2013
ASSIGNMENTS DUE
Purchase books.




legal readings:
Gemmette, Chapter 1, pp. 3-4
Bible, Genesis: 4:1-24 The Story of Cain and
Abel
Genesis 9:6 The law as explained to Noah.
Psalm 19: 7-11
M, Jan. 21
Holiday
W, Jan. 23 (A)
Elements of the short story and Ambrose
Bierce’s story

Bierce’s “An Occurrence at Owl Creek
Bridge” (posted in Moodle)
Jan. 25 (B)
Barthelme and Bierce’s “An Occurrence at
Owl Creek Bridge”
http://www.youtube.com/watch?v=xKlyv3g
5TUE

Barthelme “Some of Us Had Been
Threatening Our Friend Colby” (in
Gemmette)
M, Jan. 28 (B)
Positive law, Jackson, and Barthelme

Jackson’s “The Lottery” (posted on Moodle)
Jan. 30 (N)
Equality





Feb. 1 (A)
M, Feb. 4 (B)
Vonnegut’s sci fi short stories;
Harlem Renaissance and Dunbar
Equality, Dunbar, and Vonnegut
Legal readings :
Gemmette, Chapter 3, pp. 50-52
Matthew 7:12
US Constitution, Art. 14, sec. 1
http://caselaw.lp.findlaw.com/data/constitutio
n/amendment14/
1964 Civil Rights Act(ONLY THE INTRO)
http://www.eeoc.gov/laws/statutes/titlevii.cf
m
Washington’s Law Against Discrimination
(RCW 49.60.010: Purpose)
http://apps.leg.wa.gov/rcw/default.aspx?cite=
49.60.010

Vonnegut’s “Harrison Bergeron” (in
Gemmette)

“Dunbar’s “Lynching of Jube Benson” (in
Gemmette)
TEAM MEETING, DEBATE # 1
Feb. 6 (N)
Feb. 8 (A)
Standards and Presumptions
Naturalism and Jack London


Legal readings:
Gemmette, Chapter 4, pp. 64-66
London’s “Benefit of the Doubt” (in
Gemmette)
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M, Feb. 11
Feb. 13
DATE
Feb. 15 (N)
M, Feb. 18
Feb. 20(B)
Feb. 22(A)
M, Feb.25 (B)
DEBATE #1
(DEBATE TOPIC:
EQUALITY)
Exam # 1
FOCUS
Judicial System, Finding the Truth
President’s Day (No class)
The Jury System, Asimov, and jury
nullification

Modernism, truth, and the search
for identity in “In a Grove”

Paper One Assignment Given;
due 3/20
Feminism and Glaspell’s “jury”



ASSIGNMENTS DUE
Legal reading:
Gemmette, Part II, pp. 99-100
1 Kings 3:16-28
The True Story Behind "Conviction"
http://www.youtube.com/watch?v=fCZ03_s
W7VQ&feature=relmfu

(Begin reading Asimov’s “Bicentennial
Man,” in Gemmette; finish by Feb. 20)
THIS IS A LONG NOVELLA

(Continue reading Asimov’s “Bicentennial
Man,” in Gemmette)


Legal:
Gemmette, Chapter 6, pp. 111-12
Finish Asimov’s “Bicentennial Man”

Akutagawa’s “In a Grove” (in Gemmette)

Glaspell’s “A Jury of Her Peers” (in
Gemmette)
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Feb. 27 (N)
Trial Lawyers in Action



Mar. 1(B)
Trial lawyers & Kafka

Legal:
Gemmette, Chapter 7, pp. 138-140
Law & Order Closing Arguments
http://www.youtube.com/watch?v=_kh7GKSQ-c&feature=related
Closing Argument: Johnny Cochran
http://www.youtube.com/watch?v=cpxN5GT
7Cio&feature=related
Kafka’s “The New Advocate” (posted in
Moodle)
Background for Pickwick Papers Chapter
34 “Bardell vs. Pickwick”
TEAM MEETING, DEBATE # 2
DATE
M, Mar. 4 (A)
FOCUS
“Bardell vs. Pickwick”

ASSIGNMENTS DUE
Pickwick Papers, Chapter 34
Access Chapter 34 through the following
ebook website: http://www.dickensliterature.com/The_Pickwick_Papers/ind
ex.html
Mar. 6
Exam # 2
Mar. 8
DEBATE # 2
(TOPIC: JUDICIAL
PROCESS: Juries and
Lawyers)

(Begin Harper Lee’s To Kill a Mockingbird –
finish novel by Monday, March 18)
Mar. 11-15
Spring Break

(Continue reading Harper Lee’s To Kill a
Mockingbird – finish novel by Monday,
March 18)
Paper #1 due 3/20

M, Mar. 18
(A)
Characterization, setting, and To Kill a
Mockingbird
Mar. 20 (A)
Con’t. To Kill a Mockingbird discussion
Finish To Kill a Mockingbird

Paper # 1 due: Close reading of one of our
assigned short stories, using an element of the
short story as your focus. Due at the
beginning of class. No email or Moodle
postings of assignment accepted.
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DATE
M., Mar. 22 (N)
Mar. 25 (B)
FOCUS
Theories of Punishment



Theories of Punishment, crimes of passion
ASSIGNMENTS DUE
Legal reading:
Gemmette, Chapter 9, pp. 189-191
Lon L. Fuller, Speluncean Explorers: In the
Supreme Court of Newgarth, 4300
http://www.nullapoena.de/stud/explorers.html
(Harvard Law Review, 1949)
Tolstoy’s “Too Dear” (in Gemmette)
Writing a legal memo-- handout of
assignment and example of legal
memo
Mar. 27 (N)
Capital Punishment


Legal:
Gemmette, Chapter 10, pp. 215-16
The constitutionality of lethal injection Baze v.
Rees: lethal injection as a constitutional
method of execution
http://law.du.edu/documents/denveruniversity-law-review/v86-2/Butler.pdf
TEAM MEETING, DEBATE # 3
Mar. 29 & Apr. 1
Apr. 3
Apr. 5 (A)
Good Friday and Easter Monday
No class
DEBATE # 3
Kafka and the law


(Begin Kafka’s “In the Penal Colony,” in
Gemmette; finish story by 4/5)
(Begin Camus’ The Stranger; finish novel by
4/8)
(TOPIC:
THE IMPARTIAL JURY)
(Continue reading Kafka’s story and
Camus’ novel)

Finish Kafka’s “In the Penal Colony” (in
Gemmette)

(Con’t reading Camus’ The Stranger)
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M, April 8 (A)
Existentialism and Human Indifference in
The Stranger : “The nakedness of man
faced with the absurd.”
April 10 (B)
Con’t. The Stranger.discussion
Apr. 12
Writing workshop on draft of legal memo
M., Apr. 15
April 17

Finish The Stranger
Have first draft of legal memo
completed. Bring to class 3 copies and
be prepared to share memo with a
group of your peers.
12 Angry Men
Have second draft of legal memo
completed. Post it in Moodle by 9:50
am today.
12 Angry Men
April 19
Exam # 3
M, Apr. 22 (B)
Faulkner, Justice, and “The Highwayman”

TEAM MEETING, DEBATE # 4

Apr. 24 (N)
Juvenile Delinquency



Apr. 26
DEBATE # 4
Faulkner’s “Barn Burning”
(in Gemmette)
Gemmette, Chapter 12, pp. 263-65
Legal:
Gemmette’s Chapter 13, pp. 291-93
Life sentences given to juvenile offenders
http://www.nytimes.com/2011/04/21/us/21juvenil
e.html?_r=1&pagewanted=all
(Begin Cather’s “Paul’s Case,” in Gemmette;
finish by 4/29)
(Debate Topic:
Justice for Whom?)
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M, Apr. 29 (A)
Cather’s story
Review for the Final

Finish Cather’s “Paul’s Case” (in Gemmette)
 IDS students –Reflection
paper due as a Moodle post by
9:50 am today.
May 1
FIELD TRIP
TO THE COURTHOUSE
May 3
Final draft of second paper due
(legal memo) – must be posted in
Moodle by 10 pm tonight.
St. Thomas Aquinas Study Day
(no class)
Final exam, May 8, 8-10 am