Law and Film IL/CJ/POLI 277 CH Professor Morgan Scott Department of Public Affairs Roanoke College Classroom: West 228 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 novel-turned-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 on Reserve Films Class Participation: Research Paper Examination One: Examination Two: 10% 15% 15% 25% 35% Class Absences There are NO unexcused absences. Class participation is a critical component of the course, as indicated by the weight given to your class participation grade. All absences must be excused by the instructor or your participation and attendance grade will be lowered by a half-grade for every class missed. I will drop you from the class without warning if you miss more than three classes. 2 Learning Disability If you are a student who has a learning or physical disability which requires special testing conditions, please let me know at the beginning of the semester. Your disability will be treated confidentially, of course, but I will need sufficient warning to make the necessary arrangements. 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 power-point 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 citation and plagiarism. 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 (and this departure will not constitute an excused absence). 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. In-class quizzes will be given regarding the out-ofclass films. Monday, May 12: Introduction to the Course and the American Legal System Kit R. Roane. 2005. “Special Report: The CSI Effect.” U.S. News and World Report. April 25, 2005. Movie: To Kill a Mockingbird (1962) Tuesday, May 13: The Lawyer as Hero Movie: My Cousin Vinny Movie: Legally Blonde (2001)*** Wednesday, May 14: Legal Education Movie: The Paper Chase (1973) 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. Thursday, May 15: The Lawyer as Hero Movie: The Verdict (1982) Movie: Young Mr. Lincoln (1939)*** Rosenberg, Norman. 1991. “Young Mr. Lincoln: The Lawyer as SuperHero.” Legal Studies Forum 15: 215. 4 Friday, May 16: 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 19: 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 20: 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 21: 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 22: 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 23: The Death Penalty Movie: Dead Man Walking (1999) Movie: The Life of David Gale (2003)*** 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 26: Memorial Day. No class Tuesday, May 27: 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. “Beyond a Civil Action.” www.civil-action.com 6 Wednesday, May 28: Law, Life, and the After-Life Movie: Defending Your Life (1991) In-class Final Examination Thursday, May 29: In-class Presentations on Law and Film Friday, May 30: 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) My Cousin Vinny (1992) 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) 8