COURTS AND PUBLIC POLICY
790:409 Spring 2015
Hickman 118
Wed 9:15–12:15
Instructor: Yvonne Wollenberg
Email: wollen@rci.rutgers.edu
Course description
This course will address the role of courts as policy-making institutions. We will
look at the distinctive characteristics of courts and examine how those factors
affect their policy-making capacities. How do courts make policy? How does the
judicial decision-making process differ from that of other policy-making
institutions and what difference does this make?
We will examine how courts interact with other policy-making institutions, such
as legislatures, executives and administrative agencies, at the state and federal
levels. Our journey will cover lower federal courts and state courts, especially
state supreme courts and US Supreme Court.
Course expectations
Attendance counts as 10 percent of your grade. Since we meet only once a week,
it is critical that you come to class regularly, and come prepared to discuss the
assigned readings.
It is your responsibility to check the course web site on Sakai on a regular basis. I
often post important announcements about the class on the page, and I will email
you about any unexpected class cancellations using the email address that is
linked to the Web site. Make sure that is the email address that you use most
often.
It is University policy to excuse without penalty students who are absent from
class because of religious observances, and to allow the makeup of work missed
because of such absence. Exams will not ordinarily be scheduled on those days
when religiously observant students refrain from participating in secular
activities.
Exams
We will have a midterm and a final exam. The dates are noted on the course
schedule. Makeup exams will be given only to students whose absence
is documented with a medical doctor’s note, or arranged in advance
with me.
Writing assignments
You will submit two short papers during the semester, choosing from three
possible cases, which are noted on the course schedule. If you choose to do all
three cases, I will count the two with the highest grades. Papers MUST be
submitted on Sakai as a Word document, and late papers will NOT be accepted.
Each paper is worth 15 points.
Papers are due before class. Late papers will not be accepted!
I will post specific guidelines for each assignment on the Resources page of the
Sakai website.
Academic honesty
It is unethical and unacceptable to hand in an essay or paper that has been copied
from someone else’s work. Your papers and essays, in class or take home, must
be written in your own words. Copying or downloading words from a book,
article, website, blog, or another student’s paper is not acceptable and is
considered to be plagiarism. If you wish to cite a small portion of someone else’s
work – no more than a sentence or two – you must include those words within
quotation marks and give credit in a footnote.
Plagiarism, cheating during exams and all other forms of academic dishonesty
will not be tolerated and will be reported to the appropriate university
authorities.
Disability accommodations
I take seriously the need to provide an environment in which all students can
participate equally and to accommodate students with disabilities. If you need
such accommodations, please let me know as soon as possible.
Grades
Your final course grade will be calculated on the following basis:
Writing assignments
Midterm
Final
Attendance
30%
30
30
10
Required readings
The following books are required:
Making Policy, Making Law, Mark Miller and Jeb Barnes (2004)
Law’s Allure: How Law Shapes, Constrains, Saves and Kills Politics, Gordon
Silverstein (2009)
Additional required readings are located on Sakai site
I reserve the right to add additional readings during the semester. These will be
noted in course announcements that will be sent to the email address associated
with the Sakai page.
Course schedule
Jan. 21
Introduction
Jan. 28
Courts as policy makers
Miller and Barnes, introduction and chapter 1
Silverstein, introduction, chapters 1 and 3
Feb. 4
Courts and Congress
Miller and Barnes, chapters 2, 3 and 6
US v. Lopez (on Sakai)
Feb. 11
Courts and interest groups
Miller and Barnes, chapters 7 and 8
Sutton v. United Air Lines (on Sakai)
ADA Amendment Act (on Sakai)
City of Boerne v. Archbishop Flores (on Sakai)
Feb. 18
Courts and the President
*** Analytical Paper: Arizona v. US*** (DUE BY 9 am)
Miller and Barnes, chapter 4
Silverstein, chapter 8
Arizona v. US (on Sakai)
Feb. 25
Poverty and abortion
Silverstein chapter 4
Judging Law and Policy, chapter 5 (on Sakai)
March 4
***MIDTERM EXAM***
March 11
Courts and Agencies
Milles and Barnes, chapter 5
Silverstein, chapter 5
Massachusetts v. EPA (on Sakai)
March 25
Campaign finance
*** Analytical paper McCutcheon v. FEC (due by 9 am)
Silverstein, chapter 6
Uncertain Justice, chapter 3
McCutcheon v. FEC (on Sakai)
April 1
Gun Rights
In the Balance, chapter 4
DC v. Heller (on Sakai)
April 8
Tobacco
Silverstein chapter 9
FDA v. Brown and Williamson (on Sakai)
Family Smoking and Prevention Act (on Sakai)
Commonwealth Brands v. FDA (on Sakai)
April 15
Affordable Care Act, aka Obamacare
Uncertain Justice, chapter 2
NFIB v. Sebelius (on Sakai)
Burwell v. Hobby Lobby (on Sakai)
April 22
Same-sex marriage
*** Analytical paper US v. Windsor (due by 9 a.m.)
Same-sex Marriage in the United States, chapters 8 and 9
US v. Windsor
Judging Law and Policy, chapter 8
April 29
Catchup and review
May 11
****Final exam****
8 to 11 a.m.