Law and Film IL/CJUS/POLI 277 CJ2 Professor Morgan Scott Department of Public Affairs Roanoke College Office: West 208 Classroom: West 127 E-mail: mscott@roanoke.edu Phone: (540) 375-2228 Office Hours: 1:00-1:30pm ”Daddy's a litigator. That's the scariest type of lawyer. Even Lucy, our maid, is terrified of him. And daddy's so good he gets $500 to argue with people. But he argues with me for free because I'm his daughter.” - Cher, Clueless (1995) “I don't need tough guys. I need more lawyers.” - Michael Corleone, The Godfather, Part III (1990) Introduction American popular culture has demonstrated an enduring fascinating with lawyers, the law, and the legal system. Whether it is the latest John Grisham novelturned-movie or yet another television series about hip forensic scientists, we have an insatiable appetite for stories about good and evil played out against the backdrop of courtrooms, law firms, and police precincts. More importantly, it is from popular culture that most individuals develop their opinions about the American legal system. This course focuses on one aspect of popular culture – the film – to examine how the different components of the American legal system are portrayed by Hollywood. The questions we will debate over the semester: Does popular culture exalt or indict the American legal system? Have these cinematic images changed over time? Does Hollywood accurately depict the American legal system, and is it from these screen images that young Americans develop their opinions regarding lawyers and the law? Readings Handouts will be distributed from time-to-time. Additionally, you will be directed to on-line reading assignments. There is no textbook for the course. 1 Additional Sources Paul Bergman and Michael Asimow. 1996. Reel Justice: The Courtroom Goes to the Movies. Andrews McMeel Publishing. David A. Black. 1999. Law in Film: Resonance and Representation. University of Illinois Press. Anthony Chase. 2002. Movies on Trial: The Legal System on the Silver Screen. New Press. Richard K. Sherwin. 2002. When Law Goes Pop: The Vanishing Line Between Law and Popular Culture. University of Chicago Press. Picturing Justice: The On-Line Journal of Law and Popular Culture (/www.usfca.edu/pj) Journal of Criminal Justice and Popular Culture (/www.albany.edu/scj/jcjpc/) Law and Popular Culture Collection, Tarlton Law Library, University of Texas School of Law. http://tarlton.law.utexas.edu/lpop/index.html Grading Your final grade will be calculated as follows: Quizzes: Class Participation: Research Paper: Paper presentation: Final Examination: 5% 15% 20% 20% 40% Class Absences Class participation is a critical component of the course, as indicated by the weight given to your class participation grade. Moreover, the final course examination will draw upon class lectures (and those lectures will cover material not contained in the movies or assigned readings). There is, however, no class attendance policy or class attendance grade. While I believe that it would be extraordinarily difficult to pass the course while missing multiple class meetings, you are welcome to test that hypothesis. 2 Learning Disability If you are on record with the College’s Special Services as having special academic or physical needs requiring accommodations, please discuss this with me as soon as possible. We need to discuss your accommodations before they can be implemented. Also, please note that arrangements for extended times on exams and testing in a semi-private setting must be made at least one week before the exams. Your disability will be treated confidentially, of course, but I will need sufficient warning to make the necessary arrangements. If you believe you are eligible for accommodations but have not yet formally contacted Special Services, contact the Office of Academic Services (x2248). Research Paper You will write a 5-10 page paper analyzing a film that is not included on the class syllabus but contains important themes or questions involving the American legal system. My approval regarding the movie selection is required. Not only will you write a research paper, but each student will present on their selected movie during the final day of class. The in-class presentation should include, at a minimum, a powerpoint presentation. Short movie clips may also be shown. A separate handout will provide specific guidelines for the paper. A list of potential movies is listed in Appendix A. Some of the movies are available in Fintel Library; others will have to be obtain via inter-library loan. Academic Integrity Cheating of any form or degree will not be tolerated. It is your responsibility to familiarize yourself with Roanoke College’s Academic Integrity System which can be found in the Student Handbook. Be sure to pay special attention to the discussion regarding plagiarism. It is your responsibility to know the rules regarding Academic Integrity. To quote an old legal maxim, “ignorance of the law is no excuse.” Cell Phones, Pagers, Etc. All cell phones, pagers, and other electronic communication devices must be turned off before the start of class. The first time one of these devices interrupts class, or I catch a student checking his or her text messages, the offending party is buying movie popcorn and soda for the entire class; the second time, the offending party will be asked to excuse him/herself from the remainder of class. 3 Course Schedule and Reading Assignments We will meet every day from approximately 9:00 a.m. to 1:00 p.m. We will spend approximately one hour in lecture/discussion before watching the first movie assigned for the day. After watching the movie, we will spend approximately a half hour discussing and analyzing the movie before adjourning. You will note that TWO films are assigned for most days; copies of the second film (designated with asterisks) will be placed on reserve in the library and you are responsible for watching the second film. Most of the reserve films are also available at Blockbuster Video. The second film listed for a date will be made available for viewing in West Hall 127 after the conclusion of class. After this showing the film will be returned to the Library and placed on reserve. Monday, May 11: Introduction to the Course and the American Legal System Movies: Visions of Light: The Art of Cinematography (1993); The Cutting Edge: The Magic of Movie Editing (2004). Kit R. Roane. 2005. “Special Report: The CSI Effect.” U.S. News and World Report. April 25, 2005. Tuesday, May 12: Let’s Go to the Movies: Lawyers, Judges, and Hollywood Movie: My Cousin Vinny Wednesday, May 13: Legal Education Movie: The Paper Chase (1973) Movie: Legally Blonde (2001)*** Thursday, May 14: The Lawyer as Hero Movie: To Kill a Mockingbird (1962) Movie: The Verdict (1982)*** Michael Asimow. 1996. “When Lawyers Were Heroes.” University of San Fransisco Law Review 30 (Summer): 1131-1138. John Jay Osborn. 1996. “Atticus Finch – The End of Honor: A Discussion of To Kill a Mockingbird.” University of San Francisco Law Review 30 (Summer): 1139-1142. 4 Friday, May 15: The Modern Lawyer Movie: The Devil’s Advocate (1997) Movie: Regarding Henry (1991)*** Michael Asimow. 2000. “Bad Lawyers in the Movies.” Nova Law Review 24 (Winter): 533-591. Monday, May 18: Judges and Judging Movie: The Star Chamber (1983) Movie: Judgment at Nuremberg (1961)*** Sundermann, J. Howard. 2002. “Judges in Film.” Picturing Justice: The Online Journal of Law and Popular Culture. http://www.usfca.edu/pj/index.html Tuesday, May 19: The Jury System Movie: Twelve Angry Men (1957) Movie: The Runaway Jury (2003)*** Clover, Carol J. 1999. “Movie Juries.” DePaul Law Review 48: 389. Wednesday, May 20: Women and the Law Movie: Adam’s Rib (1949) Movie: The Accused (1988)*** In-class Examination Miller, Carolyn Lisa. 1995. “’What a Waste. Beautiful, Sexy Gal. Hell of a Lawyer": Film and the Female Attorney.’” Columbia Journal of Gender and Law 4: 204. Papke, David Ray. 2003. “Cautionary Tales: The Woman as Lawyer in Contemporary Hollywood Cinema.” University of Arkansas Little Rock Law Review 25 (Spring): 485. 5 Thursday, May 21: Legal Ethics: Movie: Body Heat (1981) Movie: Cape Fear (1962)*** Burkoff, John M. 1997. “If God Wanted Lawyers to Fly, She Would Have Given Them Wings: Life, Lust & Legal Ethics in Body Heat.” Oklahoma City University Law Review 22:187. Haddad, Tonja. 2000. “Silver Tongues on the Silver Screen: Legal Ethics in the Movies.” Nova Law Review 24: 673. Friday, May 22: The Death Penalty Movie: The Green Mile (1997) Movie: Dead Man Walking (1999)*** Harding, Roberta M. 1996. “Celluloid Death: Cinematic Depictions of Capital Punishment.” University of San Francisco Law Review 30: 1167. Shapiro, Carole. 1996. “Do or Die: Does Dead Man Walking Run?” University of San Francisco Law Review 30: 1143. Monday, May 25: Memorial Day. No class Tuesday, May 26: Tort Litigation Movie: A Civil Action (1999) Movie: Erin Brockovich (2000)*** Reel Justice, Chapter 8 Asimow, Michael. “And Now for the Heroic Paralegal.” Picturing Justice: The Online Journal of Law and Popular Culture. Herman, Justyna. “A Civil Action: Is There Room for Apology in the Adversary System?” Picturing Justice: The Online Journal of Law and Popular Culture. 6 Wednesday, May 27: In-class Presentations on Law and Film In-class Final Examination Thursday, May 28: In-class Presentations on Law and Film Friday, May 29: In-class Presentations on Law and Film 7 Appendix A The Ox-Bow Incident (1943) The Caine Mutiny (1954) Witness for the Prosecution (1957) I Want to Live! (1958) Anatomy of a Murder (1959) Inherit the Wind (1960) A Man of All Seasons (1966) In Cold Blood (1967) Bananas (1971) Kramer vs. Kramer (1979) First Monday in October (1980) Gideon’s Trumpet (1980) Absence of Malice (1981) Irreconcilable Differences (1984) Jagged Edge (1985) Legal Eagles (1986) Presumed Innocent (1990) Reversal of Fortune (1990) Class Action (1991) Defending Your Life (1991) A Few Good Men (1992) The Firm (1992) The Pelican Brief (1993) Philadelphia (1993) In the Name of the Father (1994) The Client (1994) Disclosure (1994) A Time to Kill (1996) The Chamber (1996) The Rainmaker (1997) Amistad (1997) Rules of Engagement (2000) The Hurricane (2000) I am Sam (2002) Friends of Eddie Coyle (1973) The Green Mile (1999) Ghost of Mississippi (1996) The Life of David Gale (2003) 8