COURSE SYLLABUS FOR AMERICAN SUPREME COURT

COURSE SYLLABUS FOR AMERICAN SUPREME COURT

Political Science 221/521 3 Ug/4 G Credits

Fall 1999 Mon. Wed. Fri. at 10 a.m. Rieveschl 423A

http://homepages.uc.edu/~tolleyhb http://www.nicenet.org KEY 9Z6898SZ5

Course Description:

Judicial behavior and court politics differ in degree but not in kind from conflicts over values and power in Congress and the Executive. This course examines relations between the branches, composition of the federal judicial system, selection of justices, jurisdiction, case decision-making, and the Supreme Court's impact. The court has been at the "storm center" of disputes on abortion, affirmative action, obscenity, the death penalty and other public controversies. The course goals are to improve student understanding of how the court functions and to develop critical analytical skills about rival claims of liberal or conservative bias in its work. This upper division elective for political science majors should be taken after introductory level courses in American Government and will be a prerequisite for advanced classes in Constitutional Law. Recommended for both pre-law students and others.

Texts: Jeffrey Segal and Harold Spaeth, The Supreme Court and the Attitudinal Model

Woodward and Armstrong, The Brethren

David O'Brien,Supreme Court Watch

N.Y. Times highly recommended Home Deliv: 800 698-4637 TUC 821-5552

Instructor:

Howard Tolley, Jr. Crosley 1114, ex 6-3316, Office Hours: Mon. Wed. 1:30-3:30

E-mail: Howard.Tolley@UC.edu Homepage http://homepages.uc.edu/~tolleyhb

In addition to assisting students in this course, the instructor is available for academic advising and placement counseling for upper division pre-law students and international affairs majors.

Requirements: Per Cent of Final Grade

Class Attendance, Participation, Recitation 10%

Data Analysis Exercises 15%

Term Paper and Oral Argument 25%

Mid-Term Test 20%

Final Examination 30%

Students should expect to spend two hours in outside preparation for each one-hour class meeting. The instructor will call on students each class meeting for oral answers to questions on the reading--come prepared. Graduate students enrolled for 521 must complete an additional writing assignment; PhD candidates in political science must also take an oral exam

The instructor will rarely award plus/minus grades and may not use the A- grade. Grades awarded since 9/97: A-14%; B-29%; C-19%; D-9%; F-3%; Y(UW)-7%; W-19%

Special Dates:

Wed. Oct. 27 Field Trip to U.S. 6th Circuit Court of Appeals, 9-10:30, or 10:30-noon

Friday, Nov. 12 Noon, TUC 402, Taft Lecutre by Harold Spaeth

Withdrawal Policy:

Students who withdraw by Wednesday Nov. 3, will all be assigned a grade of "W", even if they have not attended class or done homework. Thereafter, any student who is failing will be recorded as "Withdraw-F". Under college policy, a student who is passing can still withdraw up until Thursday November 18 without penalty.

Attendance Policy:

Regular attendance is 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 (27 of 30) 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.

Data Analysis Exercises

All students will complete a data analysis homework exercise applying the attitudinal model. John P. Ryan and C. Neal Tate The Supreme Court in American Politics includes a data set of opinions from 1940s through 1970s that may be used to compare with The Brethren. Advanced students may use Spaeth, Harold J.; UNITED STATES SUPREME COURT JUDICIAL DATABASE, 1953-1996 TERMS http://www.icpsr.umich.edu/cgi/ab.prl?file=9422

Case Analysis and Oral Argument

All students will write a term paper applying the legal model to a court decision of the 1998-99 Term or a pending case in the current term. In a class simulation of oral argument, students will role play advocates and Justices of the Supreme Court considering an issue of sexual harassment, states rights, criminal procedure, separation of church and state or the death penalty.

In-Class Recitation, On-line Conferencing:

The instructor will regularly call on students in class to answer questions about assigned readings. The internet will make possible communication between class sessions. Nicenet, an internet classroom assistant, will be used for email, link sharing and an electronic bulletin board for posting messages/papers. Using a web browser go to http://www.nicenet.org, click on "Join a Class" and provide a personal Userid and password. Please include in your personal profile and options your name and a bearcat online or other email address with directions to forward email messages. Give the "key" # for this class: 9Z6898SZ5. Once registered post a one paragraph bio of yourself on the conferencing topic for Student Information. The instructor will post on the electronic bulletin board for all students' answers he gives to any students raising questions by e-mail. The instructor's website will also provide an option for on-line chat for students requesting an electronic office hour or study session on-line with classmates at a pre-arranged time.

Audio of Supreme Court Oral Argument, Electronic and other References

Tapes narrated by Peter Irons "May It Please the Court" are available on reference at the law school library, KF4748.M391 1993 and in 728 Old Chemistry Language Laboratory under Tolley. Additional oral arguments, Oyez, at Northwestern, that can be played on a computer with Real Audio are on a world wide web site linked to Prof. Tolley's homepage at U.C. http://www.uc.edu/~Tolley/.

The instructor's homepage also has a link to the text of major Supreme Court decisions. Law journal articles and other legal materials can be accessed online through both internet and the Lexis program at Langsam Library computers. Recommended texts include: Lawrence Baum, The Supreme Court (On Langsam Reserve) James Simon, The Center Holds, David O'Brien, Storm Center, Hensley, Smith and Baugh, The Changing Supreme Court

STUDENT INFORMATION FORM FOR SUPREME COURT Fall 1999

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

International Politics Judicial Process

Comparative Government Business Law International Law

Constitutional Law International Organization

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: _________________

Do you use a modem from a home computer to log onto the U.C. system? YES NO

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

Rank in order of preference your 1st, 2nd and 3rd choice for a term paper issue to be examined in a written report and a class simulation of Supreme Court oral argument:

____ Sexual harassment by schoolboy of girl in class

____ Death Penalty and whether to apply international ban on executing juveniles

____ States Rights immunity to suit from employees, and in patent or trademark disputes

____ Criminal Procedure searches and seizure, rights of aliens

____ Church-State establishment clause, vouchers, aid to parochial schools, school prayer

Make a photocopy of your ID picture, write your name on it and attach to this form. Please provide whatever additional information you care to share might be relevant: schools previously attended, law related experience, employment, internships, club or organization memberships, travel, other interests, strengths, weaknesses. On Nicenet post a one paragraph mini-bio for review by others in the class. (Individuals with learning disabilities or a physical handicap should arrange with the instructor for necessary accommodations in class and/or assignments and examinations.)

______________________________________________________________________________

Assignments

Date Spaeth Woodward O'Brien Paper or Exercise

Fri. 9/24 Intro, 1-31 Introduction

Mon. 9/27 Models 32-73

Wed. 9/29 History, 73-124

Fri. 10/1 Prologue 1-24

Mon. 10/4 Staffing, 125-64, 364-73

Wed. 10/6 1969, 25-69

Fri. 10/8 1969, 69-104

Mon. 10/11 Access 165-207

Wed. 10/13 1970 105-54

Fri. 10/15 1970 154-76

Mon. 10/18 Decision 20-60

Wed. 10/20 1971 177-217

Fri. 10/22 1971 217-68

Mon. 10/25 Coalitions 261-98 Data Analysis Exercises

Wed. 10/27 90 min, 9 a.m.- Noon US COURTHOUSE, 6TH AND MAIN, ROOM 403

Fri. 10/29 MID TERM TEST

Mon. 11/1 53-8 Hunt v Cromartie

Wed. 11/3 Democracy 299-333

Fri. 11/5 1972 269-325

Mon. 11/8 Impact 333-56 19-20

Wed. 11/10 Critics 356-63 1973 325-412

Fri. 11/12 NOON LECTURE BY H SPAETH 402 TUC pp 1-37 Census

Mon. 11/15 38-52, 59-71 States Rights

Wed. 11/17 71-90 Saenz v Roe, Welfare

Fri. 11/19 1974 413-58 Reno v Arab Amer; New Orleans v US

Mon. 11/22 91-112, 127-42 Religion, Mitchell v Helms

Wed. 11/24 143-52 Death Penalty, Dominique

Mon. 11/29 1975 459-528 Sex Harass Davis v Monroe

Wed. 12/1 113-26 Term Paper

Fri. 12/ 3 Review for Final Exam OPEN HOUSE 6 PM 3900 N. CLIFF LANE

Wed. 12/8 COMPREHENSIVE FINAL EXAM 8-10 a.m.