Download POLS Y305

INDIANA UNIVERSITY-PURDUE UNIVERSITY AT INDIANAPOLIS
SCHOOL OF LIBERAL ARTS
DEPARTMENT OF POLITICAL SCIENCE
POLS Y305 Constitutional Rights and Liberties
Spring 2008
Political Science Class No. 21685
INSTRUCTOR
Professor L. Ward, Esq.
Office Address:
Office Phone:
Office Hours:
Indiana University School of Law-Indianapolis, Inlow Hall Suite 115
(317) 278-9241
E-mail: [email protected]
By arranged appointment
CLASS LOCATION & TIME
SL (Engineering Science and Technology) 056
Wednesdays, 6:00 pm-8:40 pm
ADVERSE WEATHER
Please refer to the information found at: http://registrar.iupui.edu/adverseweather.html
REQUIRED TEXT
O’ Brien, David M. Constitutional Law and Politics, Volume 2 Civil Rights and Civil Liberties. 6th Edition,
Norton and Company, 2005.
COURSE DESCRIPTION
The course explores the nature and function of law, the judicial process, and selected United States Supreme
Court decisions which interpret the American constitutional system.
COURSE OBJECTIVES
Students should be able to:
 Understand relevant legal vocabulary associated with court cases, the operation of the judicial
system and the United States Constitution
 Think, write, and speak critically about the historical and contemporary legal decisions issued by the
U.S. Supreme Court that impact American society
 Comprehend the connections among law, public policy and social action
CLASSROOM PROTOCOL
Topics such as gender, race, class, religion, sexual orientation, and freedom of expression are viewed in
different ways. Therefore, all students should be prepared to hear and evaluate various opinions. All viewpoints,
courteously expressed, are welcome. Robust discussion, including disagreement, makes for an interesting class.
GRADES
Grades will be based on the following:
1. Class participation, preparedness, and briefs- 50 points
2. Midterm examination-100 points
3. Final examination- 100 points
4. Persuasive Paper-100 points
5. Moot Court (oral debate)-50 points
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Grades will be assigned as follows:
400 points total
358 points and above= A
357 points through 318 points= B
317 points through 278= C
277 points through 238= D
237 points and below= F (failing grade)
Students EARN grades and are expected to put forth the effort and preparation needed to obtain the
grades desired. There are no extra credit assignments with this course.
CLASS PARTICIPATION: This requirement is worth 50 points. The reading is dense for this course
however, students are expected to contribute to class discussions in a manner that demonstrates they have read
the class assignments and are prepared especially when called on to speak. Students should brief (see pg. 15831584) the cases therefore able to give case facts, issues, holdings, and rationales for the holdings. At
unannounced times, briefs will be collected and graded as part of class participation. Students who are
frequently absent from class will be unable to earn credit for class participation and will find it difficult to
understand the concepts and issues in the cases discussed in class.
PERSUASIVE PAPER: This requirement is worth 100 points. Students will choose a current societal issue
and argue for or against it utilizing U.S. Supreme Court cases and public policy (research evidence beyond
personal opinion) assertions. Typed papers between 10-15 pages must be submitted in hard copy on the due
date. APA or MLA is acceptable. Each week that a paper is submitted late, there will be a 10 point reduction in
the earned grade. The papers will be graded on the following: clarity and persuasiveness of arguments
presented, discussion of counterarguments, the selection and arrangement of cases/public policy presented, and
strength of paper (grammar, spelling, and sentence structure) overall. The best papers will present sound
arguments that are coherent and do more than cite cases. Paper topic selections with a detailed outline are
due IN CLASS on Wednesday, February 13, 2008.
MOOT COURT: This requirement is worth 50 points. Two students (working together as one team) will
prepare and present sound and persuasive arguments for a randomly selected side of an issue. A panel of five
judges will be selected from the class to ask questions about the arguments presented and make a decision of
which argument was most persuasive. The size of the class will determine the length of time each side will have
to present their arguments.
MIDTERM EXAM: This requirement is worth 100 points. It may include true/false statements, essay
questions, and multiple choice questions. The Midterm will be given on the date listed in the Class Schedule
and Assignments.
FINAL EXAM: This requirement is worth 100 points. It may include true/false statements, essay questions,
and multiple choice questions. The Final Exam will be given on the date listed in the Class Schedule and
Assignments.
POLICIES: Moot court arguments and exams are to be completed on assigned days. Students experiencing
significant extenuating circumstances which prevent them from completing class assignments on time should
discuss these difficulties with the instructor as soon as possible. Unless instructor approval is granted for
alternate arrangements, incomplete assignments will receive a grade of zero.
ABSENCES: Class attendance is essential and will be recorded. Any unexcused absences exceeding three
classes will be considered in the determination of the final grade. A partial absence (leaving before 7:30 pm)
will be counted as a class absence. Instructor has discretion to determine excused absences.
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INCOMPLETES: Granting incompletes is at the discretion of the instructor. Incompletes will be available
only to students who successfully complete at least 75% of the course work and who contact the instructor as
soon as they are aware of significant extenuating circumstances which prevent them from completing the
remainder of their course work. Poor performance in the class does not warrant an incomplete.
STUDENT CONDUCT: Students who plagiarize or cheat on assignments or examinations will receive a zero
score for the assignment or examination. Students will be subject to the provisions of The Code of Student
Rights, Responsibilities, and Conduct concerning academic misconduct or personal misconduct that occurs in
this course.
ACCOMMODATIONS: Students needing accommodations because of disability will need to register with
Adaptive Educational Services and complete the appropriate forms issued by that office before
accommodations will be given. The Adaptive Educational Services office is located in CA 001E. The
telephone number is 274-3241.
THE UNIVERSITY WRITING CENTER
A persuasive paper is required for this class and essay questions may be on the mid-term and final exams. If you
need assistance with any of the skills involved in these tasks, please use the University Writing Center. It has
two locations: the first is in CA 427 (274-4029) and the second one is in the University Library at UL 4106
(278-8171). The staff at the Writing Center will work with you on an individual basis-they prefer that you
schedule an appointment; but they do accept “walk-ins”. Please visit their website for complete informationhttp://www.iupui.edu/~writectr
NOTE: This syllabus is a guide to the course for the student. Sound educational practice requires flexibility and
the instructor may therefore, at her discretion, change content, format and requirements during the semester.
Students will be made aware of changes as soon as possible.
CONTACT STUDENTS FROM THIS CLASS:
I recommend that you use the space below to list the name and contact information of 2 or 3 of your fellow
classmates, in case you should ever need to contact someone for moot court discussions, class notes, forming
study groups, etc.
__________________________________________________________________________________________
CLASS SCHEDULE AND ASSIGNMENTS
Jan 9:
Introduction to course
THE RIGHT TO PRIVACY
“Lochnerizing”: The Development and Demise of a “Liberty of Contract”
TEXT ASSIGNMENT: pp. 252-284
Jan. 16:
The Origins of Privacy and the Question of Abortion
The Right to an Abortion: From Griswold to Roe
TEXT ASSIGNMENT: pp. 1222-1284
HANDOUT: Webster v. Reproductive Health Services
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Jan. 23
The Scope of Privacy: From Webster to Casey
The Extension of Privacy: The Right to Die and Intimate Associations
TEXT ASSIGNMENT: pp.1285-1324
Jan. 30
FREEDOM FROM AND OF RELIGION
School Prayer and the Lemon test
Establishment Clause: The Triumph of Non-Preferentialism
TEXT ASSIGNMENT: pp. 688-797
Moot Court Arguments-Privacy Issues
Feb. 6
Free Exercise and the Limits of Pluralism
Recent Developments in Free Exercise
TEXT ASSIGNMENT: pp. 798-849
Feb. 13
EQUAL PROTECTION & RACIAL AND GENDER DISCRIMINATION
Racial Discrimination and State Action
TEXT ASSIGNMENT: pp. 1325-1382
Moot Court Arguments-Establishment Clause issues
PAPER TOPIC WITH DETAILED OUTLINE DUE TODAY
Feb. 20
Racial Discrimination in Education I: From Plessy to Brown
Racial Discrimination in Education II: From Brown to Milliken
TEXT ASSIGNMENT: pp. 1382-1434
Feb. 27
Racial Discrimination in Education II: From Milliken to Pitts
Affirmative Action and Reverse Discrimination I: The Bakke Case
TEXT ASSIGNMENT: pp. 1421-1434; 1435-1455
Mar. 5
MID-TERM (material covered in class to this point)
Mar. 12
SPRING BREAK- NO CLASS TODAY!
Mar. 19
Affirmative Action and Reverse Discrimination II: Beyond Bakke
Recent Developments in Affirmative Action: Hopwood and Gratz
HANDOUT: Hopwood v. Texas; Gratz v. Bollinger
TEXT ASSIGNMENT:1456-1497
Moot Court Argument-Affirmative Action issue
Mar. 26
NON-RACIAL EQUAL PROTECTION: GENDER AND SEXUAL ORIENTATION
Gender Discrimination I: The Rise of Intermediate Scrutiny
TEXT ASSIGNMENT: pp. 1497-1547
Apr. 2
Gender Discrimination II: Can Policy Recognize Difference?
Gender Discrimination III: Is Sexual Harassment Sex Discrimination?
HANDOUT: UAW v. Johnson Controls, Inc.; Harris v. Forklift Systems, Inc.
Judicial Approaches to the First Amendment & Political Dissent
TEXT ASSIGNMENT: pp. 386-430
PERSUASIVE PAPER DUE IN CLASS TODAY!
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Apr. 9
FREEDOM OF EXPRESSION
Obscenity and Pornography
TEXT ASSIGNMENT: pp. 431-479
Apr. 16
Film Presentation-TBD
Apr. 23
Offensive & Symbolic Speech
TEXT ASSIGNMENT: pp. 479-526
HANDOUT: Chaplinsky v. New Hampshire; U.S. v. O’Brien
Moot Court Arguments-Obscenity and Speech issues
REVIEW FOR FINAL EXAM
Apr. 30
FINAL EXAM (material covered between March 19th to April 23rd)
Wednesday, April 30th 5:45 pm-7:45 pm
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