2011IL-INQ-POLI-CJUS277CA-peppers-scott

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Law and Film

INQ/CJ/POLI 277

Professor Todd Peppers

Professor Morgan Scott

Department of Public Affairs

Roanoke College

E-mail: peppers@roanoke.edu

E-mail: mscott@roanoke.edu

Classroom: Miller 113

Office Hours: by appointment

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 – 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?

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Learning Outcome

Students will critically reflect on their learning about the major components of the American legal system and how those components are depicted (both accurately and inaccurately) in cinema by writing a short, 2-3 page critical reflections paper.

Readings

Handouts will be distributed from time-to-time. Additionally, you will be directed to on-line reading assignments. There is no text book for the course.

Reference 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.

Steve Greenfield, et al. 2010. Film and the Law: The Cinema of Justice. Hart

Publishing.

Ross D. Levi. The Celluloid Courtroom: A History of Legal Cinema. Praeger.

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 ) (articles from 1997 to 2006).

Journal of Criminal Justice and Popular Culture

(www.albany.edu/scj/jcjpc/index.html )

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Grading

Your final grade will be calculated as follows:

Critical Reflection Paper:

Class Participation:

Research Paper:

Paper presentation:

Final Examination:

Class Absences

5%

15%

20%

20%

40%

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 we believe that it would be extraordinarily difficult to pass the course while missing multiple class meetings, you are welcome to test that hypothesis.

Critical Reflections Paper

As stated above, students will critically reflect on their learning about the major components of the American legal system and how those components are depicted in cinema by writing a short, 2-3 page critical reflection paper.

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. Our 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 obtained via inter-library loan or from other sources (like Netflix).

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Disability Issues

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. In order to be considered for special services, students must identify themselves to the

Office of Special Services. Students are required to provide specific current documentation of their disability. Reasonable accommodations may include but are not limited to the following: extended time for tests and examinations, testing in a semiprivate testing area, proctoring of examinations, use of interpreters, assistive technology, audio recording of lectures, and/or student note-takers. For additional information please contact Pam Vickers, Special Services Coordinator, at 540-375-2247 or email vickers@roanoke.edu

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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, Laptops, and Other Electronic Devices

Cell phones and pagers must be turned off prior to entering the classroom or lab.

The first time a cell phone or pager rings during class (or you are caught using such a device), you will purchase donuts and juice for the entire class; the second time (and on any subsequent occasions), you will be excused from class and receive an “F” that day for class participation. Of course, the use of any electronic device during a quiz or exam is strictly prohibited. This includes Palm Pilots, Pocket PCs, and Blackberrys. Any use of such devices during a quiz or exam will be considered a breach of academic integrity.

Your use of a laptop computer in my class is contingent upon you not abusing the privilege by checking e-mail, playing videogames, surfing the Internet, etc. If you are caught using the laptop for activities other than note taking, then you will not be allowed to use the laptop for the rest of the semester.

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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. Additionally, there will be a showing of the movie on the afternoon that it is listed on the syllabus. Most of the reserve films are also available on Netflix.

Monday, May 16: Introduction to the Course and the American Legal System

Tuesday, May 17:

Wednesday, May 18:

Kit R. Roane. 2005. “Special Report: The CSI Effect.” U.S. News and

World Report. April 25, 2005.

Let’s Go to the Movies: Lawyers, Judges, and Hollywood

Movie: My Cousin Vinny

Legal Education

Movie: The Paper Chase (1973)

Movie: Legally Blonde (2001)***

Thursday, May 19: 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.

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Friday, May 20:

Monday, May 23:

Tuesday, May 24:

Wednesday, May 25:

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.

Judges and Judging

Movie: The Magnificent Yankee (1950)

Movie: The Star Chamber (1983)***

Sundermann, J. Howard. 2002. “Judges in Film.” Picturing Justice: The

Online Journal of Law and Popular Culture. http://www.usfca.edu/pj/index.html

The Jury System

Movie: Twelve Angry Men (1957)

Movie: The Runaway Jury (2003)***

Clover, Carol J. 1999. “Movie Juries.” DePaul Law Review 48: 389.

Women and the Law

Movie: Jagged Edge (1985)

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.

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Thursday, May 26:

Friday, May 27:

Monday, May 30:

Tuesday, May 31:

Wednesday, June 1 :

Legal Ethics:

Movie: Michael Clayton (2008)

Movie: Body Heat (1981)***

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.

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.

Memorial Day. No class

Tort Litigation

Movie: A Civil Action (1999)

Movie: Erin Brockovich (2000)***

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.

In-class Presentations on Law and Film

Morning and afternoon sessions

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Thursday, June 2:

Friday, June 3:

In-class Presentations on Law and Film

Morning and afternoon sessions

In-class Presentations on Law and Film

Final Examination during afternoon session

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Young Mr. Lincoln (1939)

The Ox-Bow Incident (1943)

The Caine Mutiny (1954)

Witness for the Prosecution (1957)

I Want to Live! (1958)

Anatomy of a Murder (1959)

Compulsion (1959)

Inherit the Wind (1960)

Judgment at Nuremburg (1961)

A Man of All Seasons (1966)

In Cold Blood (1967)

Bananas (1971)

Friends of Eddie Coyle (1973)

And Justice for All (1979)

Kramer vs. Kramer (1979)

Breaker Morant (1980)

First Monday in October (1980)

Gideon’s Trumpet (1980)

Absence of Malice (1981)

Irreconcilable Differences (1984)

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)

Ghost of Mississippi (1996)

Primal Fear (1996)

The People v. Larry Flynt (1996)

Amistad (1997)

Liar, Liar (1997)

The Rainmaker (1997)

Rules of Engagement (2000)

The Hurricane (2000)

I am Sam (2002)

Intolerance Cruelty (2003)

North Country (2005)

Michael Clayton (2007)

Appendix A

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