POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Wednesday 1/30, we finished going over the substance and the format of the VSDA case brief. I then discussed the Supreme Court review of that decision in the 2011 decision of Brown v. EMA. We covered Supreme Court citation form, and also went over both the majority decision in the 2011 case and Justice Alito's concurrence. I will cover the two dissenting opinions on Friday. The assignment for Friday 2/1 is to continue working on the previously assigned Glucksberg case brief (not handed in or graded).
POS 384 CIVIL LIBERTIES
In class today, Wednesday 1/30, we went over how Cantwell's reasoning was laid open to question in the 2002 Watchtower free speech case. We covered Gobitis, and how its reasoning was laid open to question in the 1942 Barnette free speech case. We covered Braunfeld v. Brown and how it was distinguished in the Sherbert case. We will pick up at that point on Friday. The assignment for Friday 2/1 is to review the previously assigned reading in the text through p. 122.
Wednesday, January 30, 2013
Monday, January 28, 2013
January 28, 2013
POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Monday 1/28, I distributed one handout, my version of the VSDA case brief. We continued going over that VSDA case brief, covering prior proceedings, and the concepts of summary judgment and de novo review. We talked about the appellant's contentions, and the difference between rational basis review and strict scrutiny. We covered the first issue in the case, including the precise format for an issue. We will finish with the remaining two issues on Wednesday. The assignment for Wednesday 1/30 is to review today's handout, and also read and do your own version (not handed in) of a case brief of the Glucksberg case, through p. 32 of the text.
POS 384 CIVIL LIBERTIES
In class today, Monday 1/28, we started with a discussion of the Reynolds polygamy case. We discussed the history of the 14th Amendment, and the incorporation of most of the Bill of Rights into protections against state action. We talked about the distinction between religious belief and religiously-motivated action. We also speculated about the continuing validity of laws against polygamy. We then covered the Cantwell case, regarding the discretion given to officials to determine a status as "religion". The assignment for Wednesday 1/30 is to read through p. 122 of the text.
In class today, Monday 1/28, I distributed one handout, my version of the VSDA case brief. We continued going over that VSDA case brief, covering prior proceedings, and the concepts of summary judgment and de novo review. We talked about the appellant's contentions, and the difference between rational basis review and strict scrutiny. We covered the first issue in the case, including the precise format for an issue. We will finish with the remaining two issues on Wednesday. The assignment for Wednesday 1/30 is to review today's handout, and also read and do your own version (not handed in) of a case brief of the Glucksberg case, through p. 32 of the text.
POS 384 CIVIL LIBERTIES
In class today, Monday 1/28, we started with a discussion of the Reynolds polygamy case. We discussed the history of the 14th Amendment, and the incorporation of most of the Bill of Rights into protections against state action. We talked about the distinction between religious belief and religiously-motivated action. We also speculated about the continuing validity of laws against polygamy. We then covered the Cantwell case, regarding the discretion given to officials to determine a status as "religion". The assignment for Wednesday 1/30 is to read through p. 122 of the text.
Friday, January 25, 2013
January 25, 2013
POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Friday 1/25, we worked on the case brief for VSDA. We covered citation form,as well as the structure of the federal court system. We discussed the cause of action and the strange history of the 14th Amendment. We will continue with the Prior Proceeding on Monday. The assignment for Monday 1/28 is continue work on the VSDA case brief.
POS 384 CIVIL LIBERTIES
In class today, Friday 1/25, we finished our discussion of the Lee case. We went over the government's compelling interest, and the exploration of other means of accommodation. We compared the Lee circumstances with those in the Korte case. The assignment for Monday 1/28 is read in the text through p. 112.
In class today, Friday 1/25, we worked on the case brief for VSDA. We covered citation form,as well as the structure of the federal court system. We discussed the cause of action and the strange history of the 14th Amendment. We will continue with the Prior Proceeding on Monday. The assignment for Monday 1/28 is continue work on the VSDA case brief.
POS 384 CIVIL LIBERTIES
In class today, Friday 1/25, we finished our discussion of the Lee case. We went over the government's compelling interest, and the exploration of other means of accommodation. We compared the Lee circumstances with those in the Korte case. The assignment for Monday 1/28 is read in the text through p. 112.
Wednesday, January 23, 2013
January 23, 2013
POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Wednesday 1/23, we finished our discussion of Mills v. Wyman. We looked at the statutory argument made by Mills, and also at the way in which the elements of that argument would guide a client interview, deposition, or court testimony. At the end of the day, the class took a sample test, as an illustration of the kinds of questions that you might expect on our exams, and of what you should be getting out of our study of cases. The assignment for Friday 1/25 is continue work on the previously assigned case brief of Video Software Dealers Assoc.
POS 384 Civil Liberties
In class today, Wednesday 1/23, the class took a sample test, as an illustration of the kinds of questions that you might expect on our exams, and of what you should be getting out of our study of cases. We then continued with our discussion of the Lee case, looking at how its structure of the constitutional argument mirrored that of the RFRA in Kortes. We also looked at the question of how the "sincerity" test for religion leaves some room for problematic assertions of faith-based claims. The assignment for Friday 1/25 is reread the Lee case, focusing on the ways in which it may or may not serve as precedent for Kortes, and also review the previously assigned portion of the text.
In class today, Wednesday 1/23, we finished our discussion of Mills v. Wyman. We looked at the statutory argument made by Mills, and also at the way in which the elements of that argument would guide a client interview, deposition, or court testimony. At the end of the day, the class took a sample test, as an illustration of the kinds of questions that you might expect on our exams, and of what you should be getting out of our study of cases. The assignment for Friday 1/25 is continue work on the previously assigned case brief of Video Software Dealers Assoc.
POS 384 Civil Liberties
In class today, Wednesday 1/23, the class took a sample test, as an illustration of the kinds of questions that you might expect on our exams, and of what you should be getting out of our study of cases. We then continued with our discussion of the Lee case, looking at how its structure of the constitutional argument mirrored that of the RFRA in Kortes. We also looked at the question of how the "sincerity" test for religion leaves some room for problematic assertions of faith-based claims. The assignment for Friday 1/25 is reread the Lee case, focusing on the ways in which it may or may not serve as precedent for Kortes, and also review the previously assigned portion of the text.
Friday, January 18, 2013
January 18, 2013
POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Friday 1/18, I distributed one handout, my template for a case brief. We continued with our discussion of Mills v. Wyman, getting through the argument that moral obligation itself was sufficient consideration to make the dad's promise enforceable. We looked at the process of distinguishing prior authority, and at the court's concern about the lack of a limiting principle to keep a decision about an express promise from spilling over into all implied promises as well. We also discussed the implications of a system that for the most part does not require its citizens to do such things as report accidents or dangerous situations. We will continue with the part of Mills dealing with the state statute when we met again next Wednesday (as there is no school on Monday). The assignment for Wednesday 1/23 is to read in the text pp. 14-22, and to attempt a case brief (not handed in or graded) of the VSDA case using the distributed brief template as a model.
POS 384 CIVIL LIBERTIES
In class today, Friday 1/18, I distributed one handout, my template for a case brief. We continued with our discussion of Korte, going over the indirect v. substantial burden part of the opinion, and then the compelling interest and least restrictive alternative sections of the opinion. We looked at the dissent's concern about the lack of a limiting principle to keep a decision about accommodation of this particular religious belief from spilling over any other religious belief as well. We finished with the irreparable injury and balance of harms discussion, including the dissent's invocation of the equitable rule regarding sleeping on your rights. We went into the Lee case only as far as its discussion of the prohibition on the court inquiring into the "actual" requirements of a faith. We will continue with the Lee case when we met again next Wednesday (as there is no school on Monday). The assignment for Wednesday 1/23 is to re-read the previously assigned Lee case, concentrating on how Lee might either be distinguished or followed. Also read in the text pp. 89-101.
In class today, Friday 1/18, I distributed one handout, my template for a case brief. We continued with our discussion of Mills v. Wyman, getting through the argument that moral obligation itself was sufficient consideration to make the dad's promise enforceable. We looked at the process of distinguishing prior authority, and at the court's concern about the lack of a limiting principle to keep a decision about an express promise from spilling over into all implied promises as well. We also discussed the implications of a system that for the most part does not require its citizens to do such things as report accidents or dangerous situations. We will continue with the part of Mills dealing with the state statute when we met again next Wednesday (as there is no school on Monday). The assignment for Wednesday 1/23 is to read in the text pp. 14-22, and to attempt a case brief (not handed in or graded) of the VSDA case using the distributed brief template as a model.
POS 384 CIVIL LIBERTIES
In class today, Friday 1/18, I distributed one handout, my template for a case brief. We continued with our discussion of Korte, going over the indirect v. substantial burden part of the opinion, and then the compelling interest and least restrictive alternative sections of the opinion. We looked at the dissent's concern about the lack of a limiting principle to keep a decision about accommodation of this particular religious belief from spilling over any other religious belief as well. We finished with the irreparable injury and balance of harms discussion, including the dissent's invocation of the equitable rule regarding sleeping on your rights. We went into the Lee case only as far as its discussion of the prohibition on the court inquiring into the "actual" requirements of a faith. We will continue with the Lee case when we met again next Wednesday (as there is no school on Monday). The assignment for Wednesday 1/23 is to re-read the previously assigned Lee case, concentrating on how Lee might either be distinguished or followed. Also read in the text pp. 89-101.
Wednesday, January 16, 2013
January 16, 2012
POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Wednesday 1/16, I first took pictures of the class, (but I messed them up, so we'll need a redo on Friday). We then began our discussion of Mills v. Wyman. We talked about the relationship between running a legal system and justice (or, in this case, injustice). We went through the order of the parties in the caption of the case, who the parties were, and the objectives and cause of action of the plaintiff. We talked about civil law versus criminal law, statutory law versus common law, and the reliance on precedent. We will continue with our discussion of Mills v. Wyman on Friday. The additional assignment for Friday 1/18 is to read in the text pp. 1-14 and 58-59.
POS 384 CIVIL LIBERTIES
In class today, Wednesday 1/16, I first took pictures of the class. I distributed one handout, the 1982 U.S. Supreme Court decision of U.S. v. Lee. We began our discussion of the Korte decision by going over the structure of the federal court system, and the the parties, plaintiff's objectives and causes of action, and prior proceedings in the case. We started our discussion of the substantive issues in the case, getting through the government's first argument (that none of the plaintiffs were burdened in their free exercise of religion at all, because of the corporate structure). We will pick up at that point on Friday. The additional assignment for Friday 1/16 is to read the case of U.S. v. Lee.
In class today, Wednesday 1/16, I first took pictures of the class, (but I messed them up, so we'll need a redo on Friday). We then began our discussion of Mills v. Wyman. We talked about the relationship between running a legal system and justice (or, in this case, injustice). We went through the order of the parties in the caption of the case, who the parties were, and the objectives and cause of action of the plaintiff. We talked about civil law versus criminal law, statutory law versus common law, and the reliance on precedent. We will continue with our discussion of Mills v. Wyman on Friday. The additional assignment for Friday 1/18 is to read in the text pp. 1-14 and 58-59.
POS 384 CIVIL LIBERTIES
In class today, Wednesday 1/16, I first took pictures of the class. I distributed one handout, the 1982 U.S. Supreme Court decision of U.S. v. Lee. We began our discussion of the Korte decision by going over the structure of the federal court system, and the the parties, plaintiff's objectives and causes of action, and prior proceedings in the case. We started our discussion of the substantive issues in the case, getting through the government's first argument (that none of the plaintiffs were burdened in their free exercise of religion at all, because of the corporate structure). We will pick up at that point on Friday. The additional assignment for Friday 1/16 is to read the case of U.S. v. Lee.
Monday, January 14, 2013
January 14, 2013
POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Monday 1/14, I distributed two handouts: the syllabus, and the 1825 case of Mills v. Wyman. We went over the syllabus, which is reproduced below. We then talked about the concept of whether society should enforce promises that people make, even if there's nothing given in return. The assignment for Wednesday 1/16 is to read and prepare to discuss the case of Mills v. Wyman. If you were not in class (and therefore didn't get the handout) you can access the case by going to the Lexis database on the Fogler Library site, and then entering Mills and Wyman under finding a case by case name.
SYLLABUS
POS 282 INTRODUCTION TO AMERICAN LAW Spring 2013
Sol Goldman e-mail: Solomon.Goldman@umit.maine.edu
Blog: www.goldmanmaine.blogspot.com
Office mailbox: Political Science Office, 229 N. Stevens
Office Hours: I will be in 241A N. Stevens from 12:00-1:00 on Mondays, Wednesdays, and Fridays.
Description: This course is designed to educate students in the American legal system, focusing on its evolution and function as a dynamic social instrument.
Textbook: Introduction to Law and the Legal System, 10th edition, Schubert, Wadsworth Cengage Learning, 2012 .
Student Learning Outcomes:
Upon completion of the course, students will be able to:
1. Identify our various court systems, both federal and state
2. Understand the role of appellate and trial courts (e.g. findings of fact v. findings of law)
3. Identify various levels of review by appellate courts (e.g. de novo, clear error)
4. Identify stages of litigation (e.g. summary judgment, trial) and their implications for appellate review
5. Identify and critically analyze the use of precedent (e.g. mandatory v. persuasive; distinguish v. follow)
6. Identify the interplay between legislative and judicial lawmaking (e.g. common law, legislative intent)
7. Produce a case brief that succinctly leads to a statement of a court opinion’s holding
8. Critically analyze judicial decisions
9. Identify and critically analyze a sampling of substantive and procedural legal rules.
Grading:
1. Two homework assignments, each 21.25% of the final grade
2. Two tests, each 21.25% of the final grade
3. Class participation and attendance 15% of the final grade
[Grading plan is subject to change]
Policies:
1. Homework should be typed. Homework that is not typed may be rejected, at the discretion of the instructor. There are no extra credit assignments.
2. Homework that is not passed in by the time it is due may receive a zero, at the discretion of the instructor. If homework is accepted late, then it may have a grade or more deducted. Generally, no more than one homework assignment per person will be accepted late. Even if you are absent from class, you should still, if at all possible, get the homework that is due for that class meeting to me on time. If you must be absent from class, you may e-mail your homework to me. At the discretion of the instructor, alternative homework assignments may be given in lieu of the original assignment.
IMPORTANT NOTE:
I will confirm any work that is submitted to me by e-mail. If you do not get a confirmation from me, the work has not been considered submitted.
3. I expect everyone to take the exams when they are given. If an emergency arises, it is your responsibility to be in touch with me as soon as possible. The decision on whether you will be allowed to make up a missed exam is at the discretion of the instructor. If you are allowed to make up an exam, you must have completed the make-up exam before the beginning of the class period in which the exam is handed back (generally, the next class).
Make-up examinations, if allowed, will be scheduled at the instructor’s discretion.
4. Academic dishonesty will not be tolerated. Students who cheat will be subject to a range of penalties, from failure of the assignment to failure of the course, at the discretion of the instructor. Academic dishonesty includes, but is not limited to, the following: copying from another student’s papers, exams or homework assignments; reading from another student’s notes or written materials during an exam; allowing work to be copied by another student; collaboration on homework assignments; plagiarism. In addition to any academic action taken by an instructor, these violations are also subject to action under the University of Maine Student Conduct Code. The maximum possible sanction under the student conduct code is dismissal from the University.
Special Accommodations-
If you have a disability for which you may be requesting an accommodation, please contact Ann Smith, Director of Disabilities Services, 121 East Annex, 581-2319, as early as possible in the term, and also discuss your need with me.
Attendance Policy-
I expect that you will attend all classes. Attendance will be taken at the beginning of each class and monitored throughout the semester. Students who regularly attend classes are more likely to succeed in the class overall.
If you have a good reason for being absent from class, so that I should consider the absence to be an excused absence, it is your responsibility to e-mail me before or immediately following the missed class, to explain why you believe that the absence should be excused. The decision to excuse the absence will be at the discretion of the instructor. Each absence requires a separate communication with me. I keep track of excused absences only by the e-mail record, so e-mail is the only acceptable method of letting me know about absences that should be excused.
Students will be responsible for the material covered in each class, including lecture notes. Therefore, I encourage you to get to know your classmates and to make sure that you have a complete set of lecture notes.
If you are absent from class, it is your responsibility to get the assignment for the following class. You can get it from the blog, from a fellow student, or you can e-mail me, but I expect you to come to the following class prepared. At the end of each class session the assignment for the following class will be announced. That assignment will also be posted on the blog.
If you are absent from class, it is your responsibility to get any handouts that were distributed to the class.
Homework Assignments and Exams:
This syllabus does not contain a schedule of specific class-by-class homework assignments and exam schedules, because I have found that I invariably stray from such a schedule. Instead, I will announce in class the actual dates, and also post that information on the blog. If you miss class, always check the blog for information on what we covered in class, and what the assignment is for the future classes.
NO CELL PHONE USE AND NO COMPUTER USE FOR OTHER THAN APPROVED CLASSROOM ACTIVITIES IS ALLOWED IN CLASS.
POS 384 AMERICAN CIVIL LIBERTIES
In class today, Monday 1/14, I distributed three handouts: the syllabus, the Religious Freedom Restoration Act (RFRA), and the 2012 case of Korte v. Sebelius. We went over the syllabus, which is reproduced below. We then talked about the concept of Congress can prohibit the free exercise of religion, even if the First Amendment says that it can't. The assignment for Wednesday 1/16 is to read and prepare to discuss the RFRA and the Seventh Circuit case of Korte v. Sebelius. If you were not in class (and therefore didn't get the handout) you can access the case by going to the Lexis database on the Fogler Library site, and then entering Korte and Sebelius under finding a case by case name (make sure that you're looking at the 12/28 Seventh Circuit decision).
SYLLABUS
POS 384 AMERICAN CIVIL LIBERTIES Spring 2013
Sol Goldman e-mail: Solomon.Goldman@umit.maine.edu
Blog: www.goldmanmaine.blogspot.com
Office mailbox: Political Science Office, 229 N. Stevens
Office Hours: I will be in 241A N. Stevens from 12:00-1:00 on Mondays, Wednesdays, and Fridays.
Description: This course examines the tension between individual rights and the social order through consideration of major Supreme Court and lower court decisions involving the Bill of Rights and the Fourteenth Amendment.
Textbook: Rights, Liberties, and Justice, 8th edition, Epstein and Walker, Sage Publications, 2013. The text is accompanied by an on-line archive of cases; the book includes a card with instructions and a registration number that allows you access to this archive.
Student Learning Outcomes:
Upon completion of the course, students will be able to
1. Classify changing constitutional tests (e.g. strict scrutiny; rational basis) and changing applications of those tests.
2. Identify institutional factors (e.g. federalism; individual rights v. state power; separation of powers) that inform interpretations by Supreme Court Justices.
3. Identify and critically analyze implementation arguments in favor of certain judicial outcomes (e.g. ease of implementation of a rule; consistency v. flexibility; broad v. narrow scope of decisions).
4. Identify and critically analyze approaches to constitutional analysis (e.g. textualism, originalism, evolving standards).
5. Identify and critically analyze substantive rules regarding civil liberties.
Grading:
1. Two homework assignments, each 21.25% of the final grade
2. Two tests, each 21.25% of the final grade
3. Class participation and attendance 15% of the final grade
[Grading plan is subject to change]
Policies:
1. Homework should be typed. Homework that is not typed may be rejected, at the discretion of the instructor. There are no extra credit assignments.
2. Homework that is not passed in by the time it is due may receive a zero, at the discretion of the instructor. If homework is accepted late, then it may have a grade or more deducted. Generally, no more than one homework assignment per person will be accepted late. Even if you are absent from class, you should still, if at all possible, get the homework that is due for that class meeting to me on time. If you must be absent from class, you may e-mail your homework to me. At the discretion of the instructor, alternative homework assignments may be given in lieu of the original assignment.
IMPORTANT NOTE:
I will confirm any work that is submitted to me by e-mail. If you do not get a confirmation from me, the work has not been considered submitted.
3. I expect everyone to take the exams when they are given. If an emergency arises, it is your responsibility to be in touch with me as soon as possible. The decision on whether you will be allowed to make up a missed exam is at the discretion of the instructor. If you are allowed to make up an exam, you must have completed the make-up exam before the beginning of the class period in which the exam is handed back (generally, the next class).
Make-up examinations, if allowed, will be scheduled at the instructor’s discretion.
4. Academic dishonesty will not be tolerated. Students who cheat will be subject to a range of penalties, from failure of the assignment to failure of the course, at the discretion of the instructor. Academic dishonesty includes, but is not limited to, the following: copying from another student’s papers, exams or homework assignments; reading from another student’s notes or written materials during an exam; allowing work to be copied by another student; collaboration on homework assignments; plagiarism. In addition to any academic action taken by an instructor, these violations are also subject to action under the University of Maine Student Conduct Code. The maximum possible sanction under the student conduct code is dismissal from the University.
Special Accommodations-
If you have a disability for which you may be requesting an accommodation, please contact Ann Smith, Director of Disabilities Services, 121 East Annex, 581-2319, as early as possible in the term, and also discuss your need with me.
Attendance Policy-
I expect that you will attend all classes. Attendance will be taken at the outset of each class and monitored throughout the semester. Students who regularly attend classes are more likely to succeed in the class overall.
If you have a good reason for being absent from class, so that I should consider the absence to be an excused absence, it is your responsibility to e-mail me before or immediately following the missed class, to explain why you believe that the absence should be excused. The decision to excuse the absence will be at the discretion of the instructor. Each absence requires a separate communication with me. I keep track of excused absences only by the e-mail record, so e-mail is the only acceptable method of letting me know about absences that should be excused.
Students will be responsible for the material covered in each class, including lecture notes. Therefore, I encourage you to get to know your classmates and to make sure that you have a complete set of lecture notes.
If you are absent from class, it is your responsibility to get the assignment for the following class. You can get it from the blog, from a fellow student, or you can e-mail me, but I expect you to come to the following class prepared. At the end of each class session the assignment for the following class will be announced. That assignment will also be posted on the blog.
If you are absent from class, it is your responsibility to get any handouts that were distributed to the class.
Homework Assignments and Exams:
This syllabus does not contain a schedule of specific class-by-class homework assignments and exam schedules, because I have found that I invariably stray from such a schedule. Instead, I will announce in class the actual dates, and also post that information on the blog. If you miss class, always check the blog for information on what we covered in class, and what the assignment is for the future classes.
NO CELL PHONE USE AND NO COMPUTER USE FOR OTHER THAN APPROVED CLASSROOM ACTIVITIES IS ALLOWED IN CLASS.
In class today, Monday 1/14, I distributed two handouts: the syllabus, and the 1825 case of Mills v. Wyman. We went over the syllabus, which is reproduced below. We then talked about the concept of whether society should enforce promises that people make, even if there's nothing given in return. The assignment for Wednesday 1/16 is to read and prepare to discuss the case of Mills v. Wyman. If you were not in class (and therefore didn't get the handout) you can access the case by going to the Lexis database on the Fogler Library site, and then entering Mills and Wyman under finding a case by case name.
SYLLABUS
POS 282 INTRODUCTION TO AMERICAN LAW Spring 2013
Sol Goldman e-mail: Solomon.Goldman@umit.maine.edu
Blog: www.goldmanmaine.blogspot.com
Office mailbox: Political Science Office, 229 N. Stevens
Office Hours: I will be in 241A N. Stevens from 12:00-1:00 on Mondays, Wednesdays, and Fridays.
Description: This course is designed to educate students in the American legal system, focusing on its evolution and function as a dynamic social instrument.
Textbook: Introduction to Law and the Legal System, 10th edition, Schubert, Wadsworth Cengage Learning, 2012 .
Student Learning Outcomes:
Upon completion of the course, students will be able to:
1. Identify our various court systems, both federal and state
2. Understand the role of appellate and trial courts (e.g. findings of fact v. findings of law)
3. Identify various levels of review by appellate courts (e.g. de novo, clear error)
4. Identify stages of litigation (e.g. summary judgment, trial) and their implications for appellate review
5. Identify and critically analyze the use of precedent (e.g. mandatory v. persuasive; distinguish v. follow)
6. Identify the interplay between legislative and judicial lawmaking (e.g. common law, legislative intent)
7. Produce a case brief that succinctly leads to a statement of a court opinion’s holding
8. Critically analyze judicial decisions
9. Identify and critically analyze a sampling of substantive and procedural legal rules.
Grading:
1. Two homework assignments, each 21.25% of the final grade
2. Two tests, each 21.25% of the final grade
3. Class participation and attendance 15% of the final grade
[Grading plan is subject to change]
Policies:
1. Homework should be typed. Homework that is not typed may be rejected, at the discretion of the instructor. There are no extra credit assignments.
2. Homework that is not passed in by the time it is due may receive a zero, at the discretion of the instructor. If homework is accepted late, then it may have a grade or more deducted. Generally, no more than one homework assignment per person will be accepted late. Even if you are absent from class, you should still, if at all possible, get the homework that is due for that class meeting to me on time. If you must be absent from class, you may e-mail your homework to me. At the discretion of the instructor, alternative homework assignments may be given in lieu of the original assignment.
IMPORTANT NOTE:
I will confirm any work that is submitted to me by e-mail. If you do not get a confirmation from me, the work has not been considered submitted.
3. I expect everyone to take the exams when they are given. If an emergency arises, it is your responsibility to be in touch with me as soon as possible. The decision on whether you will be allowed to make up a missed exam is at the discretion of the instructor. If you are allowed to make up an exam, you must have completed the make-up exam before the beginning of the class period in which the exam is handed back (generally, the next class).
Make-up examinations, if allowed, will be scheduled at the instructor’s discretion.
4. Academic dishonesty will not be tolerated. Students who cheat will be subject to a range of penalties, from failure of the assignment to failure of the course, at the discretion of the instructor. Academic dishonesty includes, but is not limited to, the following: copying from another student’s papers, exams or homework assignments; reading from another student’s notes or written materials during an exam; allowing work to be copied by another student; collaboration on homework assignments; plagiarism. In addition to any academic action taken by an instructor, these violations are also subject to action under the University of Maine Student Conduct Code. The maximum possible sanction under the student conduct code is dismissal from the University.
Special Accommodations-
If you have a disability for which you may be requesting an accommodation, please contact Ann Smith, Director of Disabilities Services, 121 East Annex, 581-2319, as early as possible in the term, and also discuss your need with me.
Attendance Policy-
I expect that you will attend all classes. Attendance will be taken at the beginning of each class and monitored throughout the semester. Students who regularly attend classes are more likely to succeed in the class overall.
If you have a good reason for being absent from class, so that I should consider the absence to be an excused absence, it is your responsibility to e-mail me before or immediately following the missed class, to explain why you believe that the absence should be excused. The decision to excuse the absence will be at the discretion of the instructor. Each absence requires a separate communication with me. I keep track of excused absences only by the e-mail record, so e-mail is the only acceptable method of letting me know about absences that should be excused.
Students will be responsible for the material covered in each class, including lecture notes. Therefore, I encourage you to get to know your classmates and to make sure that you have a complete set of lecture notes.
If you are absent from class, it is your responsibility to get the assignment for the following class. You can get it from the blog, from a fellow student, or you can e-mail me, but I expect you to come to the following class prepared. At the end of each class session the assignment for the following class will be announced. That assignment will also be posted on the blog.
If you are absent from class, it is your responsibility to get any handouts that were distributed to the class.
Homework Assignments and Exams:
This syllabus does not contain a schedule of specific class-by-class homework assignments and exam schedules, because I have found that I invariably stray from such a schedule. Instead, I will announce in class the actual dates, and also post that information on the blog. If you miss class, always check the blog for information on what we covered in class, and what the assignment is for the future classes.
NO CELL PHONE USE AND NO COMPUTER USE FOR OTHER THAN APPROVED CLASSROOM ACTIVITIES IS ALLOWED IN CLASS.
POS 384 AMERICAN CIVIL LIBERTIES
In class today, Monday 1/14, I distributed three handouts: the syllabus, the Religious Freedom Restoration Act (RFRA), and the 2012 case of Korte v. Sebelius. We went over the syllabus, which is reproduced below. We then talked about the concept of Congress can prohibit the free exercise of religion, even if the First Amendment says that it can't. The assignment for Wednesday 1/16 is to read and prepare to discuss the RFRA and the Seventh Circuit case of Korte v. Sebelius. If you were not in class (and therefore didn't get the handout) you can access the case by going to the Lexis database on the Fogler Library site, and then entering Korte and Sebelius under finding a case by case name (make sure that you're looking at the 12/28 Seventh Circuit decision).
SYLLABUS
POS 384 AMERICAN CIVIL LIBERTIES Spring 2013
Sol Goldman e-mail: Solomon.Goldman@umit.maine.edu
Blog: www.goldmanmaine.blogspot.com
Office mailbox: Political Science Office, 229 N. Stevens
Office Hours: I will be in 241A N. Stevens from 12:00-1:00 on Mondays, Wednesdays, and Fridays.
Description: This course examines the tension between individual rights and the social order through consideration of major Supreme Court and lower court decisions involving the Bill of Rights and the Fourteenth Amendment.
Textbook: Rights, Liberties, and Justice, 8th edition, Epstein and Walker, Sage Publications, 2013. The text is accompanied by an on-line archive of cases; the book includes a card with instructions and a registration number that allows you access to this archive.
Student Learning Outcomes:
Upon completion of the course, students will be able to
1. Classify changing constitutional tests (e.g. strict scrutiny; rational basis) and changing applications of those tests.
2. Identify institutional factors (e.g. federalism; individual rights v. state power; separation of powers) that inform interpretations by Supreme Court Justices.
3. Identify and critically analyze implementation arguments in favor of certain judicial outcomes (e.g. ease of implementation of a rule; consistency v. flexibility; broad v. narrow scope of decisions).
4. Identify and critically analyze approaches to constitutional analysis (e.g. textualism, originalism, evolving standards).
5. Identify and critically analyze substantive rules regarding civil liberties.
Grading:
1. Two homework assignments, each 21.25% of the final grade
2. Two tests, each 21.25% of the final grade
3. Class participation and attendance 15% of the final grade
[Grading plan is subject to change]
Policies:
1. Homework should be typed. Homework that is not typed may be rejected, at the discretion of the instructor. There are no extra credit assignments.
2. Homework that is not passed in by the time it is due may receive a zero, at the discretion of the instructor. If homework is accepted late, then it may have a grade or more deducted. Generally, no more than one homework assignment per person will be accepted late. Even if you are absent from class, you should still, if at all possible, get the homework that is due for that class meeting to me on time. If you must be absent from class, you may e-mail your homework to me. At the discretion of the instructor, alternative homework assignments may be given in lieu of the original assignment.
IMPORTANT NOTE:
I will confirm any work that is submitted to me by e-mail. If you do not get a confirmation from me, the work has not been considered submitted.
3. I expect everyone to take the exams when they are given. If an emergency arises, it is your responsibility to be in touch with me as soon as possible. The decision on whether you will be allowed to make up a missed exam is at the discretion of the instructor. If you are allowed to make up an exam, you must have completed the make-up exam before the beginning of the class period in which the exam is handed back (generally, the next class).
Make-up examinations, if allowed, will be scheduled at the instructor’s discretion.
4. Academic dishonesty will not be tolerated. Students who cheat will be subject to a range of penalties, from failure of the assignment to failure of the course, at the discretion of the instructor. Academic dishonesty includes, but is not limited to, the following: copying from another student’s papers, exams or homework assignments; reading from another student’s notes or written materials during an exam; allowing work to be copied by another student; collaboration on homework assignments; plagiarism. In addition to any academic action taken by an instructor, these violations are also subject to action under the University of Maine Student Conduct Code. The maximum possible sanction under the student conduct code is dismissal from the University.
Special Accommodations-
If you have a disability for which you may be requesting an accommodation, please contact Ann Smith, Director of Disabilities Services, 121 East Annex, 581-2319, as early as possible in the term, and also discuss your need with me.
Attendance Policy-
I expect that you will attend all classes. Attendance will be taken at the outset of each class and monitored throughout the semester. Students who regularly attend classes are more likely to succeed in the class overall.
If you have a good reason for being absent from class, so that I should consider the absence to be an excused absence, it is your responsibility to e-mail me before or immediately following the missed class, to explain why you believe that the absence should be excused. The decision to excuse the absence will be at the discretion of the instructor. Each absence requires a separate communication with me. I keep track of excused absences only by the e-mail record, so e-mail is the only acceptable method of letting me know about absences that should be excused.
Students will be responsible for the material covered in each class, including lecture notes. Therefore, I encourage you to get to know your classmates and to make sure that you have a complete set of lecture notes.
If you are absent from class, it is your responsibility to get the assignment for the following class. You can get it from the blog, from a fellow student, or you can e-mail me, but I expect you to come to the following class prepared. At the end of each class session the assignment for the following class will be announced. That assignment will also be posted on the blog.
If you are absent from class, it is your responsibility to get any handouts that were distributed to the class.
Homework Assignments and Exams:
This syllabus does not contain a schedule of specific class-by-class homework assignments and exam schedules, because I have found that I invariably stray from such a schedule. Instead, I will announce in class the actual dates, and also post that information on the blog. If you miss class, always check the blog for information on what we covered in class, and what the assignment is for the future classes.
NO CELL PHONE USE AND NO COMPUTER USE FOR OTHER THAN APPROVED CLASSROOM ACTIVITIES IS ALLOWED IN CLASS.
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