COURSE SYLLABUS FOR CONSTITUTIONAL LAW: CIVIL LIBERTIES

Political Science 323 3 Ug Credits

Winter Quarter 2005 Mon/Wed/Fri. at 10 a.m. Rieveschl 422E

http://homepages.uc.edu/~tolleyhb http://blackboard.uc.edu

Course Description:

Constitutional law is offered as a three-course sequence, although, 321 and 322 are not prerequisites for 323. The fall quarter class introduced constitutionalism, the allocation of judicial, legislative, and executive powers in the national government, and the division of authority between national and state governments in the federal system. The winter term civil rights class covered issues of criminal due process, life and death (capital punishment, abortion and the right to die); as well as discrimination based on race, gender, and sexual orientation. This third class on Civil Liberties deals with First Amendments issues of speech, press, religion and assembly. Students who have not completed introductory American politics and a 200 level intermediate public law course should not attempt this advanced offering in Constitutional law. This course fulfills the General Education Breadth of Knowledge (BoK) areas of Social Sciences and Social & Ethical Issues and promotes the development of the following Baccalaureate Competencies: Critical Thinking, Effective Communication, and Social Responsibility.

Texts: Lee Epstein and Thomas Walker, Constitutional Law for a Changing America: Rights and Liberties 5 th ed.

Henry Abraham + Barbara Perry, Freedom and the Court, 8 th ed.

Instructor:

Howard Tolley, 556-3316 Office Hours 1114 Crosley Wed. and Fri. noon- 2 pm and by appointment Email: Howard.Tolley@UC.edu

In addition to assisting students in this course, the instructor is available for academic advising and placement counseling for pre-law students, political science and international affairs majors, and any students interested in Semester-at-Sea, Co-op, internships, Model UN. Go to http://homepages.uc.edu/~tolleyhb for links to advising references.

Requirements: Per Cent of Final Grade

Class attendance 5% 28 points

Participation, Recitation 5% 22 points

Homework exercise: CALI IRAC 5% 10 points

IRAC Case Analysis: 5% 30 points

Paper Bibliography 5% 20 points

Journal Article Synopsis 5% 30 points

Research/Advocacy Paper + Oral Argument 22% 100 points

Mid-Term Test 22% 100 points

Final Examination 26% 120 points

Students should expect to spend two hours in outside preparation for each one hour class meeting. The instructor will regularly call on students in class to recite the facts and holdings of cases excerpted in the text for that day’s reading.--come prepared. Students in the honors program may arrange a writing contract for the paper. Instructor’s grade distribution in 9 classes, Summer 2000—Winter 2002 (13% W passing not included): A: 16%; A-: 4% B+: 4.3% B: 34% B-: 5%-29%; C+ 9.7%; C: 17% C-: 5.8% D: 1%; UW: 3.3%

Withdrawal Policy:

Students who withdraw by Monday May 4 will all be assigned a grade of "W", even if they have not attended class or done any assignments. Thereafter, any student who is failing will be recorded as "withdraw-F". Under university policy, a student who is passing can still withdraw online up until May 24 without penalty. Failing students who withdraw online will be assigned an F.

Attendance Policy:

Regular attendanceis expected and is essential for participation/recitation. In exceptional circumstances every student will need to miss class for reasons they alone determine. No explanation must be given--there are no excused or unexcused absences. All absences are treated equally. No specific number of absences results in a grade penalty. Points earned by class attendance, recitation and participation are added together with scores from all assignments and exams to compute a point total that determines a final grade. A student attending 90% of the classes (26 of 29) would have an "A" grade for the attendance component. After missing a class, always check with a classmate for notes and special announcements. If you must leave a class meeting early, go quietly without asking permission, offering an explanation, or requesting an excuse.

Online Conferencing:

The instructor will regularly call on students in class to answer questions about assigned readings. Blackboard, the U.C. internet classroom assistant, will be used for email, link sharing and an electronic bulletin board for posting messages/papers. http://blackboard.uc.edu. Post a one-paragraph bio of yourself following the link for Communication, Discussion Board, Student Bios. The instructor will post on the electronic bulletin board for all students’ answers he gives to any students raising questions by e-mail. All current and prospective POL and INTA majors are expected to join the department listserv, at http://listserv.uc.edu/cgi-bin/wa.exe?SUBED1=uc-pos&A=1. If you encounter any difficulty contact Professor Moore at 556-3376, Thomas.Moore@UC.edu

IRAC Legal Analysis Homework

Complete the Legal Research and Writing online exercise “Learning Legal Analysis Through Its Components: Issue, Rule, Application, Conclusion—IRAC” from the CD-ROM on Langsam overnight reserve in multimedia services. Compute and print out your score to turn in for homework. All papers received will be awarded identical full credit, no matter what score is awarded. (Note: An alternative approach to preparing notes on a case is described in Epstein “Briefing Supreme Court Cases” p 869). Students who did the IRAC exercise in the prior term should prepare an IRAC analysis of a case excerpted in the text related to their advocacy paper issue.

Homework Problem Using IRAC

The problem resembles a hypothetical dispute that will appear on the mid-term test. Answers should be based on assigned readings from the texts rather than the library research required for the term paper. The homework papers should:

a) Identify the constitutional issue(s) presented 6 points

b) State the rules of law--constitutional provisions and Supreme Court

precedents with agument/analysis to support the government 12 points

c) State the rules of law--constitutional provisions and Supreme Court

precedents with argument/analysis to support the liberty 12 points

d) Analyze the conflicting rules and argument, explaining which should

determine the outcome and why 10 points

Mr. Abdel Rahman is a Muslim cleric who gave sermons declaring: "Hit hard and kill the enemies of God in every spot to rid it of the descendants of apes and pigs fed at the tables of Zionism, communism and imperialism." and "Assassination for the sake of rendering Islam triumphant is legitimate." In an interview with a follower he said: "We have to be terrorists . . . The Great Allah said, 'Against them make ready your strength to the utmost of your power, including steeds of war, to strike terror into the enemies of Allah.'"

The U.S. government convicted Abdel Rahman for conspiracy because of his association with Arab-speaking Muslims charged with plotting to plant bombs at the United Nations, the federal building, and the Holland and Lincoln tunnels in New York City. Assume that the above quotations are the only evidence linking Abdel Rahman to the jihad or holy war and consider the constitutional question presented.

References

Submit a bibliography for your term paper that includes the following:

1. Secondary sources: a) books—both texts with specific chapter and page references, plus at least one other. b) at least one scholarly law journal article c) periodical articles – newspapers, magazines

2. primary sources a) Court decisions with full legal citations b) Oral argument transcripts c) pleadings and legal memoranda by the parties

Online sources should be fully identified by author, title, organization/publisher, URL ( http://www. . .) and date of access.

Article Synopsis + Paper Outline

Using the approved law journal article from your term paper bibliography submit a 2 page summary of the author’s analysis and conclusion, indicating which side is favored. Provide a one page outline of your advocacy paper identifying in one section where you will present the journal article analysis. Outline headings should be used as sub-heads to divide the paper into sections.

Advocacy Papers AND ORAL ARGUMENT

All students will write an advocacy paper to support participation in oral argument involving a Supreme Court case or a lower court decision. Department majors eligible for high honors (3.6 GPA) may do work in preparation for a senior thesis. U.C. Honors Scholars may undertake a writing contract.

Each advocacy paper should be 4-6 typed pages with a separate outline/table of contents and a final list of references. Use headings from the outline to divide the paper into sections. See paper guidelines on Blackboard under assignments. Students conducting research on the same case or issue may collaborate with co-counsel or other members of a team as long as each student completes a distinct paper for an individual grade. All papers must provide a complete list of references using the same citation style for books, court cases, internet sites, and journal articles found in the Epstein text.

Research : Consult the full text of Supreme Court decisions, at least one law journal article, listen to oral argument if available, and view documentary videos. Court decisions are at http://www.law.cornell.edu/supct/ Many law journal articles can be downloaded from the internet. Findlaw.com is an excellent search tool. The Index to Legal Periodicals and periodical abstracts is online www.libraries.uc.edu LEXIS-NEXIS Academic universe is valuable. Langsam Library has the full opinions in Lawyer's Edition and a few major law reviews. The U.C. Law Library also has U.S. Reports, The Supreme Court Reporter, the Index to Legal Periodicals and most law reviews.

Blackboard has a link to http:// www.oyez.org/ that accesses full oral argument that can be heard with Real Audio. Supreme Court Oral Argument Transcripts available at

http://www.supremecourtus.gov/oral_arguments/argument_transcripts.html

Proper Citations and Academic Honesty When your paper directly quotes material from Epstein, Abraham, a court opinion, law journal or other source, use quotation marks to identify all copied phrases and then give the correct page citation or the internet site address and date of visit. Give the full citation--author, title, journal, date, page. The instructor’s advising website http://homepages.uc.edu/~tolleyhb has links to writing resources including guidance on citation.

Two Warnings: 1) Plagiarism is an automatic "F". The University's Student Code of Conduct. http://www.uc.edu/ucinfo/conduct.html identifies additional penalties that may be imposed. The instructor will use internet tracking software to identify copied material. Examples of unacceptable plagiarism can be reviewed at: http://www.indiana.edu/~wts/wts/plagiarism.html#original 2) Papers turned in after the deadline will receive no more than 50% credit and cannot earn a passing grade.

Oral Argument.

Each student will make a 5 to 10 minute oral argument in a class debate on the case. Draft arguments must be posted on Blackboard the day before class debate and sent to all in the class by email for advance preparation. Submit a printed version in class.
Assignments Subject to change at the instructor’s discretion

2005CONSTITUTIONAL LAW CIVIL LIBERTIESTERM PAPER CHOICE

Free Speech Cases

Whiste Blower Retaliation

Garcetti, Gil, et al. v. Ceballos, Richard 361 F.3d 1168 (9th Cir. 2004) (docketed 10/7/04)

Whistleblower, employee retaliation, 1st Amendment, public concern

Facts: Deputy District Attorney Richard Ceballos, said he was demoted and denied a promotion for trying to expose a lie by a county sheriff's deputy in a search warrant affidavit.

Issue: whether a whistleblower prosecutor may sue his former employers for retaliation after he reported possible wrongdoing by the sheriff's office.

1) Should a public employee’s purely job-related speech, expressed strictly pursuant to the duties of employment, be cloaked with First Amendment protection simply because it touches on a matter of public concern, or should First Amendment protection also require the speech to be engaged in "as a citizen," in accordance with this Court’s holdings in Pickering v. Board of Education, 391 U.S. 563 (1968) and Connick v. Myers,

Commercial speech

Veneman v. Livestock Marketing Association Argued 12/7/04

Nebraska Cattlemen Inc. v. Livestock Marketing Association

Are Generic Beef Ads Examples of Unconstitutional Compelled Speech or Permissible Government Speech? Producers required to pay for ads such as “Got Milk?”

Free Press

In re Grand Jury Subpoena, Judith Miller, Feb. 15, 2005. DC Court of Appeals decision requiring compelled testimony by reporter to grand jury investigating CIA leak inquiry about disclosure of Valerie Plame. See Branzaburg v. Hayes 1972 P. 350

Free Exercise and Religious Establishment

Cutter, Jon, et al. v. Wilkinson, Reginald (Dir., Ohio Dept. of Rehabilitation and Correction), et al. A witch, a racial separatist and two polytheists unite, fighting for their right to practice their religious beliefs in prison. Appealed From: 6th Circuit Court of Appeals (Nov. 7, 2003)

Oral Argument: March 21, 2005

Questions presented: Whether Congress violated the Establishment Clause by enacting the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. § 2000cc-1 through § 2000cc-5, which requires state officials to lift unnecessary governmental burdens imposed on the religious exercise of institutionalized persons under their control?

McCreary County, Kentucky et al. v. ACLU of Kentucky et al. andVan Orden v. Perry et al Argued 3/2/05 See Stone v Graham p 328 Abraham

Do Displays of the Ten Commandments on Public Property Violate the Establishment Clause? Monument on grounds of Texas state capital and Framed lists in Kentucky courthouses.
STUDENT INFORMATION FORM CON LAW: CIVIL LIBERTIES SPRING 2005

Name ____________________________________ Year/Class ________________

Major ___________________ E-mail address _______________________________

College at U.C. _________________________ U.C. Honors Scholars Program? YES NO

Registered

Home City and State __________________________________ Voter? YES NO

Related Coursework--Check courses taken (S/01) if this term):

American Government and Politics Judicial Process

U.S. Supreme Court Business Law

International Law Human Rights

Other ______________________________________________________

Total number of credit hours to be taken at U.C. this term: ____________ Pre-Law? YES NO

If employed, how many hours per week during this term: _________________

Would you like a U.C. library training session in how to use internet to access court opinions, law journal articles, and related legal materials? YES NO

Identify your 1 st and 2 nd choice for term paper reports from the six options below, and indicate for each whether you prefer to be an advocate for A the government or B the civil liberties petitioner (circle one).

Free Speech

____ A B 1. Garcetti v. Ceballos

____ A B 2. Veneman v. Livestock Marketing Association

____ A B 3. In re Grand Jury Subpoena, Judith Miller

Religious Establishment

____ A B 4. Cutter, Jon, et al. v. Wilkinson, Reginald

____ A B 5. McCreary County, Kentucky et al. v. ACLU of Kentucky

Please provide on your Blackboard web page and as desired below whatever additional information you care to share that might be relevant: schools previously attended, law related experience, employment, internships, club or organization memberships, travel, other interests, strengths, weaknesses:

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