LEGAL PROCESS

Political Science 275

Professor: Julie Novkov

Office: 922 PLC

Office Hours: Mondays 9 AM – 12 PM

Office Phone: 346-4876

E-mail: novkov@oregon.uoregon.edu

GTF: Heather de los Santos GTF: Bryan Dubin

Office: 636 PLC Office: 212 Villard

Office Hours: TBA Office Hours: Wednesdays 10-11 AM

Office Phone: 346-4972 Office Phone: N/A

E-mail: hdelossa@darkwing.uoregon.edu E-mail: bdubin@darkwing.uoregon.edu

COURSE DESCRIPTION

What is law and why is it such a significant part of modern-day society and culture in the United States? How does the legal system operate through its various actors – judges, lawyers, and juries – to provide a means for individuals to resolve disputes without resorting to violence? How does the law operate to structure and control the state? From where does legal power arise and what are its limits? These questions and others will be the subject of this course, which provides students with a general overview of the legal system of the United States.

The course is taught on the 200 level and is intended primarily for students who have little or no prior background in law. Some students who take the course will view it as a gateway to further study about law, while others will use it simply to broaden their understanding of the legal system as one of the most significant and powerful institutions in the modern state.

The course is a lecture course with sections. During the lecture times, students can expect a mixture of lecturing by the professor and discussion with the professor and other students in the class. Because class discussions are an important part of the course, students will be expected to keep up with the reading and to think about it as they are doing it. In addition, students will meet in smaller discussion sections to work through some of the issues presented in the lectures.

COURSE REQUIREMENTS

Students will be expected to attend both lectures and discussion sections. Performance in discussions taking place during the lectures is not a formal requirement in the course. Nonetheless, constructive, informed, respectful participation that contributes directly to conversations about the course material will raise borderline grades; lack of participation or consistently disruptive participation may result in lower grades. Students will be graded on their attendance and participation in discussion sections.

The course has one major writing assignment. The writing assignment involves a hypothetical case that will be made available later in the term. Students will be asked to issue a judgment in the case. All students will write rough drafts, which will be evaluated by the instructors. Students will critique two of their peers’ papers; the critiques will also be graded. These papers will most likely range between eight and ten pages. The writing component of the course (draft, two critiques, and final paper) will comprise 45% of your grade for the course.

Students will also take three examinations, two quizzes during the quarter and a final examination at the end of the quarter. Professor Novkov will discuss the format and expectations for these tests later in the quarter.

We will expect you to keep up with the reading throughout the term. If it becomes apparent that some students are not fulfilling this obligation, the professor and the GTFs reserve the right to administer up to three unannounced quizzes on the readings. The quizzes could take place either in section or in lecture, and no make-ups will be permitted without a documented medical excuse. If these quizzes take place, each will constitute 5% of your grade, which will come proportionally from the allocations for the other assignments.

The allocation of weight for your various obligations is as follows:

Quiz One 5%

Quiz Two 10%

Rough Draft of Judgment 5%

Peer Critiques (total for both) 10%

Final Judgment 30%

Section Performance/Participation 15%

Final Examination 25%

POLICIES

Students with disabilities. If you have a documented disability and anticipate needing accommodations in this course, please make arrangements to meet with the professor soon. Please request that the Counselor for Students with Disabilities send a letter verifying your disability.

Extensions for papers. No extensions will be given for rough drafts or critiques, to avoid creating problems for other students in the class. Late papers will be penalized half a grade per day for every day that the paper is late, starting at 11:00 AM the day the assignment is due. Extensions for final papers will only be permitted under compelling circumstances and if the extension is requested in advance. Any student who does not turn in her or his paper on time and has not contacted the professor in advance will lose a half grade per day for every day the paper is late unless the student can provide a University-approved excuse.

Regrading of materials. You may request regrading of materials that have been graded by the professor or the GTFs. If you wish to make such a request, contact the professor for a copy of the regrading policy. You will be asked to provide a written explanation of why you wish to have the assignment regraded.

Plagiarism or cheating. This one’s simple: don’t do it. Don’t even think about doing it. Plagiarism is the use of someone else’s words or ideas without giving the original author credit by citing him or her. If you use someone else’s language directly, you must use quotation marks. If you rely on another person’s ideas in creating your argument, you must provide a citation. If you have any questions about plagiarism, please contact the professor or the GTF before you submit the assignment for grading. Plagiarism or cheating will result in a failing grade for the assignment at the very minimum. Ignorance will not provide a defense to the application of this policy.

MATERIALS

The sources for reading materials are Before the Law: An Introduction to the Legal Process and a course packet. Both of these sources are available for purchase at the bookstore. One copy each of the textbook and course packet will also be available on reserve. The course also has a web page where you can get updates on information and assignments. The URL for the web page is http://darkwing.uoregon.edu/~novkov/legproc/.

SYLLABUS

(Note dates with *; this indicates that an assignment is due

or that an exam will be administered on that date.)

Introduction: What is Law?

January 9 Law and Legal Reasoning

· Abadinsky, “Introduction to Law” (packet)

January 11 Constitutions as a Structure for Government

· Articles of Confederation (packet)

· United States Constitution (packet)

· Constitution of Denmark (packet)

· Constitution of Ireland (packet)

· Constitution of Japan (packet)

· Constitution of the Phillipines (packet)

Judging and Interpretation

January 16 Cannibalism and the Common Law

· Fuller, “The Case of the Speluncean Explorers” (packet)

January 18 More Cannibalism!

· Queen v. Dudley & Stephens (2.4)

January 23 Problems in Legal Interpretation

· Frank, “The Judging Process and the Judge’s Personality” (2.1)

The Adversary System in the United States

*January 25 The Adversary Process

· Frank, “The ‘Fight’ Theory versus the ‘Truth’ Theory” (13.2)

· Mills, “I Have Nothing to Do with Justice” (13.3)

QUIZ ONE TODAY

January 30 The Nature of Legal Disputes

· Menkel-Meadow, “The Transformations of Disputes by Lawyers” (19.2)

· Galanter, “Reading the Landscape of Disputes” (19.3)

Lawyers, Their Training, and Their Ethical Challenges

February 1 Law School

· Bonsignore, “Law School” (12.1)

· Kennedy, “Legal Education and the Reproduction of Hierarchy” (12.2)

February 6 Lawyers’ Work

· Grutman and Thomas, “The Big Casino” (11.2)

· The Task Force on Law Schools and the Profession, “Lawyers and Legal Services” (11.3)

*February 8 The Role of Confidentiality

· ABA Model Rules of Professional Conduct (packet)

· Swidler & Berlin v. US (packet)

QUIZ TWO TODAY

February 13 Lawyers as Advocates

· Curtis, “The Ethics of Advocacy” (13.1)

· Pierce, “Rambo Litigators” (13.4)

Juries and Their Role in the Legal System

*February 15 Jury Selection

· Glaspell, “A Jury of Her Peers” (16.2)

· Batson v. Kentucky (16.5)

· J.E.B. v. Alabama (packet)

ROUGH DRAFTS OF OPINIONS DUE

February 20 The Role of the Jury

· Duncan v. Louisiana (15.1)

· De Tocqueville, “Trial by Jury in the United States (15.2)

Law, Power, and Coercion: Special Section on Poverty

February 22 Structural Inequality

· Galanter, “Why the ‘Haves’ Come Out Ahead” (packet)

· Galanter, “Farther Along” (8.2)

*February 27 Contracts and Power

· Streich v. General Motors Corp. (5.1)

· Testimony of John Higbie (5.2)

PEER CRITIQUES DUE

March 1 Poverty and Reproductive Choice

· Graber, “The Clintonification of American Law”

March 6 The Right to Privacy

· Roe v. Wade (packet)

· Wyman v. James (packet)

· Maher v. Roe

*March 8 Welfare and Reproductive Freedom

· Roberts, Dorothy. “The Only Good Poor Woman: Unconstitutional Conditions and Welfare”

· Personal Responsibility and Work Opportunity Reconciliation Act of 1996

FINAL PAPERS DUE

March 13 Civil Disobedience as Resistance to Law

· King, “Letter from Birmingham Jail” (18.1)

· N.O.W. v. Operation Rescue (18.2)

March 15 Civil Disobedience as Resistance to Law

· Continue discussion of civil disobedience

*March 22 (Thursday)