PSC 316-01: Judicial Process
Spring 2014
Tuesday and Thursday, 12:30-1:45 pm
Graham 204
Instructor & Office Hours:
Dr. Susan Johnson
Office: 317 Curry
Office Hours: Tuesdays: 2 – 3:30 pm, Thursdays: 10:45-11:30 am, and by
appointment
Email: swjohnso@uncg.edu
Course Catalog Description:
Analysis of the American legal system, focusing on the behavior of actors in that system,
theoretical foundations of the system, and policy-making role of the courts.
Student Learning Outcomes:
 To give students an introductory understanding of the structure of the American
court system
 To help students explore their expectations of the court system and appreciate the
way courts influence politics and everyday life
 To show students how judges make decisions, and why this process is different
from our long-held myths about judges
 To practice reading and analyzing written judicial opinions
Required Texts:
 Carp, Robert A., Ronald Stidham, and Kenneth L. Manning. 2014. Judicial
Process in America. 9th edition. CQ Press.
 Katsh, M. Ethan. 2010. Taking Sides: Clashing Views on Legal Issues. 15th
edition. McGraw-Hill.
 Additional Readings on Blackboard/e-reserve, including:
Holmes, The Path of Law.
Bork, Tradition and Morality in Constitutional Law.
Scalia, Originalism: The Lesser Evil
Brennan, The Constitution of the United States
Williams and Baum, Supreme Court Nominees Before the Senate
Judiciary Committee
Goldman and Slotnick, Obama’s Judiciary at Midterm.
Caperton v. Massey Coal (2009).
Galanter, Why the Haves Come Out Ahead.
Defunis v. Odegaard.
Selections from The Choices Justices Make by Epstein & Knight.
Additional readings as indicated on the schedule of topics.
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Course Requirements:
Case briefs (best 4 of 5)
Reading summaries (best 4 of 5)
Participation in mini-debates
Class participation
Midterm exam
Final exam
20%
20%
10%
10%
20%
20%
Class Participation:
Students are expected to regularly attend class and participate in discussion. This
means that students should be prepared each class period to be called upon to answer
questions relevant to the reading. Quality is more important than quantity in my
evaluation of class participation. Class participation may also occasionally consist of
assigned discussion questions for the following class period or a pop quiz, at the
instructor’s discretion. Attendance will be included as part of the class participation
grade.
We will have 6 group discussions during the course of the semester. Participation
and attendance in discussion groups will count as a separate class participation grade.
Briefs and Reading Summaries:
Case briefs and reading summaries are due on the date we discuss the reading in
class as indicated on the schedule of topics. Only hard copies of briefs and summaries
will be accepted. Do not email the instructor briefs or reading summaries. It is the
responsibility of the student to make sure that the required number of briefs and
summaries are completed by the end of the semester.
Late assignments/Missed exams:
Students are expected to be present to take the exams at their scheduled times.
Only in extraordinary circumstances will make-up opportunities exist. Students must
notify me PRIOR to the missed exam/assignments with a valid excuse and must be
prepared to provide credible evidence (such as a written doctor’s note) of the excuse.
Excuses for missed exams after the fact will not be allowed, resulting in a failing grade
for the missed exam. It is the instructor's sole discretion to determine whether or not an
excuse is acceptable.
Make-up exams will be scheduled for the same day, time and place for everyone.
The make-up exam time will be announced in class. Students will be allowed to make-up
only one (1) exam during the semester.
Academic Honor Code:
I expect all students in this course to abide by both the letter and spirit of the
university’s academic integrity policy. Violations of the university honor code will be
prosecuted. The full text of the Academic Integrity Policy can be viewed at:
http:sa.uncg.edu/handbook/academic-integrity-policy/. Specifically pertinent to this
course are the following rules:
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1. “Cheating: Intentionally using or attempting to use unauthorized materials,
information, or study aids in any academic exercise.”
2. “Plagiarism: Intentionally or knowingly representing the words of another, as
one's own in any academic exercise.”
Do NOT engage in either cheating or plagiarism. The penalties for both offenses
range from the need to re-do assignments to expulsion from the University, depending
upon the severity of the cheating or plagiarism offense.
If you have any questions regarding what constitutes either cheating or
plagiarism, please see me immediately.
Classroom etiquette and use of electronic devices:
Please show respect for your instructor and classmates by being in class on time
and by planning to remain in class for the entire class period. Turn off cell phones and
other electronic devices during class. Use of laptop computers is limited to taking notes,
not surfing the Internet, chatting with others, working on assignments for other classes, or
any other similar activities. Students who use laptops to take notes must sit in the
front two rows of the classroom.
Students with Special Needs:
Students with special needs should contact the instructor during the first week of
class. I will make every effort to accommodate the needs of students with special
requirements.
Schedule of Topics: Minor adjustments to the schedule may be made during the
semester. Students are expected to keep up with any changes made to the schedule.
*Note: Chapter numbers refer to the chapters in Judicial Process in America. Issue
numbers refer to the topics in Taking Sides. Each day's reading assignments should be
completed prior to class. Case briefs and reading summaries are due on the date the
reading is assigned.
1/14
Introduction and course overview
1/16
Chapter 1 – Foundations of Law
Reserve reading: Holmes “The Path of Law” (summary due)
Bork “Tradition and Morality in Constitutional Law”
1/21
Reserve reading: Scalia (summary due)
Brennan (summary due)
Issue 17 – D.C. v. Heller (we will go over how to brief
cases)
Group discussion 1
1/23
Chapter 2 – The Federal Judicial System
Reserve reading: U.S. Courts of Appeals (summary due)
3
1/28
The Supreme Court
Reserve reading: Supreme Court (summary due)
1/30
Issue 1 – Hamdi v. Rumsfeld
Issue 10 - Snyder v. Phelps (brief due)
Group discussion 2
2/4
Chapter 6 – Federal Judges
Reserve reading: Williams/Baum
Goldman/Slotnick (summary due)
2/6
Video: Senate Confirmation hearings
2/11
Chapter 3 – State Judicial Systems
Reserve reading: State selection methods (summary due)
Chapter 5 – State Judges
2/13-2/18
Video – "The Last Campaign"
Reserve reading: Massey Coal case (brief due)
2/20
Chapter 4 - Jurisdiction & Policymaking Boundaries
Reserve: Defunis v. Odegaard (brief due)
2/25
Chapter 8 – Lawyers, Litigants & Interest Groups
Reserve reading: TBA (summary due)
2/27
Reserve reading: Galanter, "Why the Haves Come Out Ahead"
Testing Galanter’s theory (summary due)
Wrap-up and review
3/4
Midterm Exam
3/6
Chapter 9 – Criminal Process & Rights of Accused
Reserve reading: Mapp v. Ohio
Miranda v. Arizona (brief due)
3/9-3/15
Spring Break
3/18
Issue 12 – Safford Unified School District v. Redding
Issue 16 – Kyllo v. U.S. (brief due)
Group discussion 3
3/20
Chapter 10 – Criminal Process & Rights of the Accused
Reserve reading: Gregg v. GA (brief due)
3/25
Issue 13 – Roper v. Simmons (brief due)
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Issue 14 – Lockyer v. Andrade
Group discussion 4
3/27
Chapter 11 – Civil Courts
Reserve reading: TBA (summary due)
4/1
Issue 5 – WA v. Glucksberg
Issue 9 – Good News Club v. Milford Central School (brief due)
Group discussion 5
4/3
No class – Midwest Political Science Association Annual Conference
4/8
Chapter 12 – Judicial Decision Making
Reserve reading: Epstein & Knight
4/10
Chapter 13 – Judicial Decision Making
Reserve reading: Epstein & Knight
4/15
Video: Constitutional Conversation
4/17
Chapter 14 – Implementation and Impact
Reserve reading: Rosenberg (summary due)
4/22
Issue 18 – VA v. Black (brief due)
Issue 20 – Grutter v. Bollinger (brief due)
Group discussion 6
4/24
Wrap-up and review
5/2
Final exam – 3:30 – 6:30 pm
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