| Week |
Author |
Chapter: Topic |
Speakers |
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PART 1: |
US JUDICIAL HISTORY
Lecture:
hierarchy,
writs, plain language v cong. intent, cons v libs, activism v restraint. |
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| Week 1 |
McCloskey |
1:
Genesis & Nature of Judicial Power. |
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| Th 18 Jan only |
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How much did the Constitution establish the Court system?
What did the Founders intend the Court to be?
How did the Court establish its own power?
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Week 2
23, 25 Jan |
McCloskey |
2:
Establishment of the Right to Decide.
3:
Marshall Court and Shaping the Nation. |
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How could the court establish independence, review and sovereignty?
What early statutes and cases helped establish the authority of the Court?
How did the chief justice work to build the Court's authority?
How did the Court build up federal power over the states?
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4:
Taney, Natural History of Judicial Prestige.
5:
Gilded Age. |
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Did Taney set out to overturn Marshall's rulings?
Did the Court restore states' rights over the federal government?
How did the Court tackle the thorny issue of slavery?
How did the Court shape economic relationships in the Gilded Age?
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Sample cases:
Dred Scott v Sandford (1854)
Plessy
v Ferguson (1896) |
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Does a slave in 1854 have a right to sue for his freedom?
Are racially separated railroad cars consitutional in 1896?
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Week 3
30 Jan, 1 Feb |
McCloskey |
6:
Regulatory State.
7:
Modern Court & Postwar America. |
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Will the Court accept an increase in federal programs in 1936?
Will the Court strike down federal programs to regulate business?
Will the Court uphold federal treaties and foreign policy?
Does the government have a right to forcibly intern civilians in wartime?
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8:
Civil Liberties, Civil Rights, & the Court.
9:
Judicial Monitoring of Welfare State.
Epilogue; Coda |
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Does a freed slave have the rights of a citizen?
Can society forcibly separate the races in public accommodations and transport?
What rights should an accused person have under interrogation or in court?
Is there a right of privacy -- even if it conflicts with a right to life?
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Sample cases: Nivola (ed)
40:
Brown
v Board (1954) [Case]
Bolling
v Sharpe (1954)
[Notes]
Brown II (1955) |
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Does equal protection of the laws imply desegrated schooling?
How must desegration be implemented?
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Gideon
v Wainwright (1963) [Notes]
Bowers
v Hardwick (1986) [Notes] |
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Can a poor man defend himself effectively without a free lawyer?
Does a man have a right to privacy in his bedroom?
Can a state legislate a ban on specific ways of making love in private?
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PART 2: |
Constitutional CASE LAW
Definitions (student
notes) |
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Week 4
6, 8 Feb |
Padover |
1:
Constitution.
- Convention
- Ratification
- Later Comments
2:
Judicial Power.
- Cases
- Appendices: Precedent
- Democracy
- Statesmen & Justices' views
3:
Federal System. |
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Nivola (ed):
35:
Corwin, Higher Law in Amer Const Law
36:
Hamilton, Federalist 78
39:
Marbury
v Madison, (1803)
PBS, "The Supreme Court" NEW
PBS, "Case for Innocence" (Juvie. justice) |
-
Lake
NewtonX |
Week 5
13, 15 Feb |
Padover |
4: Separation of Powers.
5:
Foreign Affairs and National Security.
6: Commerce Power. |
-
-
SpiegelX |
|
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video, "Paper
Chase"
- (Harvard Law School, fiction). |
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Week 6
20, 22 Feb |
Padover |
7:
Substantive Due Process.
- A:
Economic rights
- B: Right to Privacy
8:
Equal Protection.
9:
Civil Liberties: 1st Amend't.
- A: Freedom of Speech & Press
- B: Estab't of Religion, Free Exercise |
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Nivola (ed)
40:
Brown
v Board (1954) [Notes]
41:
Roe
v Wade (1973) [Notes]
42:
Korematsu
v US
(1944) [Notes] |
-
-
Lyons
Rainey |
Week 7
27 Feb, 1 Mar |
Padover |
10: Civil Liberties: criminal procedures.
Thursday: TEST
on weeks 1-6 |
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Supreme Court decisions:
video, "Gideon's Trumpet"
- Gideon
v Wainwright (1963) [Notes]
- Miranda
v Arizona (1966) [Notes] |
-
-
Adams
LyonsX |
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PART 3: |
US JUDICIAL POLITICS |
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Week 8
6, [8] Mar [break] |
O'Brien |
1:
Struggle for Power.
2:
Cult of the Robe. |
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What does the abortion issue tell us about the roles of the Court and Congress
in policy?
How are judges selected, nominated and appointed?
Is it legitimate to nominate justices for their political persuasions?
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PBS video, "What
Jennifer Saw" - (eyewitness testimony)
video, "Mr.
Justice Brennan" |
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Week 9
13, 15 Mar |
O'Brien |
3:
Marble Temple. | Lecture
4:
Deciding What to Decide. |
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How does the Court function?
Does the Court have enough bureaucracy to keep it running properly?
How does the Court decide whether to hear a case?
How can an individual petition the Court for redress?
What characteristics make a case justiciable?
What questions should the Court NOT consider?
How does the Court manage its case load?
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Nivola (ed)
37:
Murphy, "Marshalling the Court" |
-
LyonsX |
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How can a justice seek power over opinions on the Court?
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Week 10
20, 22 Mar |
O'Brien |
5:
Deciding Cases & Writing Opinions.
6:
Court & Life. |
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Do oral arguments still have a role to play?
Is decision more an individual justice's choice or a collective choice?
Who gets to write the Court's opinion(s)?
How can the Court enforce its opinions?
How does the Court communicate with the public?
Does the Court follow public opinion?
How does the Congress react to Court opinions?
How does the presidency respond to Court opinions?
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Nivola (ed)
38:
Shapiro, "Presidency & Fed Courts"
video, APTV, Campaign '00: Roy Moore &
Sharon Yates |
-
MooreX |
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What are the political strengths and weaknesses of the Court?
What is the balance between judicial activism and restraint on the Court?
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| 27, 29 Mar |
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Spring Break.
Brad Best, Sup.
Ct. Research Help |
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PART 4: |
POLITICAL THEORY |
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Week 11
3, 5 Apr |
Sterba
|
I. Introduction. | Introductory
Lecture NEW
II. Libertarian Justice. |
Lake
-
- |
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What do we seek in a political theory?
What makes a good political theory?
What is the goal of government?
Is that government best that governs least?
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Curtis v.1
Curtis v.2 |
Mediaeval (Aquinas)
Social Darwinism, etc (Spencer
& Bagehot) |
Brady
Chanley
Spiegel |
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Is government the result of sin -- or of man's social nature? [Aquinas]
What is the relationship between social laws and the Natural Law? [Aquinas]
To improve the human breeding stock, should the poor be allowed to die
off? [Spencer]
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Week 12
10, 12 Apr |
Sterba
Curtis v.2
Sterba |
III.
Socialist Justice.
Socialists
V.
Communitarian Justice. |
Spiegel
-
Brady |
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Can people work together in equality within a community? [Socialist]
Are there times when the needs of the community should override the needs
of selfish indivuals? [Communitarian]
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Curtis v.2 |
Marxism (Marx,
Lenin
& Trotsky)
[Karl
Marx bio from Lucid Café web] |
Lake
Herb |
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Is the capitalist system based on the exploitation of man by man? [Marx]
Will the capitalist system inevitably collapse, and why? [Marx]
If capitalism is bound to collapse, why is a revolutionary party necessary?
[Lenin]
Once a revolution is achieved, will the state wither away [Marx] -- or
do we need a permanent revolution? [Trotsky]
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Research Paper with Bibliography Due:
Tuesday, Week 13. |
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Week 13
17, 19 Apr |
Sterba |
IV. Liberal Democratic Justice:
Contractarian Perspective
Utilitarian
Perspective NEW
Discourse Ethics Perspective
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How can we form a government by agreement among civil society? [Contractarian]
Does Justice consist in achieving the greatest happiness for the greatest
number of people? [Utilitarian]
Does the democratic process matter more than the results in public policy?
[Discourse Ethics]
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Franz Kafka, The Trial (1925,
film 1963).
Book
notes on The Trial NEW
Film
notes on The Trial NEW
What
does Kafkaesque mean? A discussion NEW
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Week 14
24, 26 Apr |
Curtis v.1
|
Liberal
versus communitarian Justice: a Discussion NEW
Hume
Spinoza
Kant |
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Curtis v.2 |
Rawls [outline
from LAS Justice reading]
Utilitarians:
Adam
Smith,
Jeremy Bentham,
James
Mill & John
Stuart Mill |
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Why would an individual choose to give up some freedom in return for government
benefits? [Rawls]
How can "the greatest good for the greatest number" actually be applied
to grovernment services? [Utilitarians]
Is it ethical to achieve happiness for the greatest number of individuals?
Is societal happiness different from that of all individuals?
Does quality of happiness matter, or only quantity? [JS Mill]
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Week 15
1, 3 May |
Sterba
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VI. Feminist Justice.
VII. Postmodern Justice. |
Haydyn
-
Adams |
|
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Is it women, rather than a working class, that have been oppressed?
Is there really a universal idea of Justice?
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Curtis v.2 |
Sociology (Weber,
Schumpeter).
Anarchism |
Corby
Nichols |
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Does bureaucracy form a distinct society?
Is politics the competition of elites for the people's vote?
Without government, would individuals be better off in civil society?
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Waco:
Inside Story (PBS video)
Should the government allow a separate, armed mini-state within its borders?
When should a state intervene with force to enforce the laws against a
commune?
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Dead Day: T 8 May. FINAL
comprehensive essay exam, 11:30 M 14 May
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