POLI  313 CIVIL LIBERTIES

Donna K. Axel, Esq.      

Office: K-608

Tel (201) 200-3574

E-mail:   daxel@njcu.edu

Website:   http://faculty.njcu.edu/daxel

Office hours: M-W, by appointment, Thursdays 3:30pm-5pm or by appointment.

Course Note:

Please be advised that this course fulfills an upper division elective requirement for the Pre-Law Minor: it is an advanced course. Although non-Pre-Law Minors are certainly welcome in this class, please note that this course aims to prepare students for law school. As such, it is reading and writing intensive with a focus on learning traditional legal reasoning and analysis, as well as a critique of the traditional categories and reasoning historically employed by lawyers.

ACADEMIC HONOR STATEMENT AND PLAGIARISM

Academic integrity is essential and non-negotiable. There is a 0 Tolerance Policy regarding plagiarism. Citing your work is imperative. In this course, you must follow either MLA, APA, or proper legal (“bluebook”) citation format. Diana Hacker’s A Writer’s Reference, is an excellent guide to proper citation. I also recommend the following websites:

www.dianahacker.com/writersref

http://www.law.cornell.edu/citation/

http://www.ccc.commnet.edu

Course Requirements

A. Class Participation = 20%

It is crucial that you participate in class discussion in order to maintain an exciting atmosphere. You are required to contribute to the development of ideas in a positive manner. This means that you must prepare for each class by doing the readings. If you have not done the reading, please do not detract from class discussions. Students who participate in negative ways will be marked down. We employ a “modified Socratic” method to better prepare you for law school. This means that you will be called on, but you may defer to a colleague if you are not prepared to respond to the question. Please speak to me if you have any phobias or anxieties about speaking in class so that we may make alternative arrangements.

B. Written Assignments = 20%

Almost every week there will be a 1-2 page writing assignment (11-12 point font/Times New Roman) due at the end of each class and/or assigned to do during class. Failure to hand in the assignment will result in a grade of zero. Late assignments will not be accepted under any circumstances. Assignments will not be accepted unless you are in class on the day the assignment is due unless proper documentation (e.g., a doctor’s note) is provided. Writing assignments are designed so that students think not only about the issue, but about the legal assumptions that shape our thinking about the issue. Students will be required to rewrite most of the writing assignments submitted for this class. Rewrites are due at the beginning of the next class. The first and second rewrite scores will be averaged together. You must incorporate the readings, films, class trips, and/or discussions into these assignments. No late assignments are accepted.

C. Quizzes = 20%

Almost every week, there will be a short quiz based upon the readings for class and/or the previous week’s discussion. Late or absent students who are not in class will not be given a make-up and it will count as a 0. (There will be approximately 5-10 quizzes).

D. Presentations/Debates/Group Presentations = 20%

During select class sessions, students will be assigned different readings and/or sides of issue and be required to come to class prepared to speak about the readings and/or on behalf of a specific “side.” Using the readings and relevant legal case materials, you are expected to present your view, but you will not receive credit unless you employ the readings.

E. Midterm/Final Exam = 20%

Attendance   = Expected

There is a direct correlation between attendance and success in law school. As this is a pre-law course, you are expected to attend and participate in every class. Should you not be able to attend class, please be in touch with me by email and provide me with documentation of any medical or family emergency, such as a doctor’s note. There are no make-ups for in-class assignments.

Required Texts: Please bring to every class:

Ellen Greenberg, The Supreme Court Explained, (latest edition).

Supreme Court of the United States: About the Supreme Court: http://www.supremecourtus.gov/about/about.html

Landmark Supreme Court Cases:   http://www.landmarkcases.org/index.html

Grading Scale

To give you a better idea of my grading scale, the following applies to all written assignments:

A = Basic ideas and information in the assignment are discussed, and the student also evaluates material, discusses weaknesses and primary contributions of authors/approaches, and notes exceptions to arguments or nuances of implications of the material. Assignment is well written and well organized. NOTE: On case briefs: 5 out of 5 = A

B = Main ideas are solidly intact and assignment is well written and well organized. 4:5 = B

C = Main ideas are fairly well intact, the majority of the basic ideas of information is covered, with fair organization of the material. 3:5 = C

D = Many of the main ideas are missing or vaguely stated, lacks a great deal of the basic information and is not particularly well organized. 2:5 = D

F = Main ideas are virtually missing, work is sloppy and carelessly prepared, and there is poor effort at organization. 1:5 = D

FINAL GRADE SCALE:

Grades of incomplete will NOT be given under ANY circumstances.

NOTE: For quizzes, homework and in-class assignments (NOT case briefs):

CHECK PLUS = A/B

CHECK = C

CHECK MINUS = D

ZERO = 0
Class Outline

NOTE: You are expected to print and bring every case and reading listed below. Should you have any difficulty accessing a computer or finding a case/reading, you must let me know by the Monday prior to class.

Class 1 Introductions

Distribute and review syllabus

“Quiz 1” Short writing assignment

Large group Questions & Discussion re: The U.S. Constitution & the Amendments

What are “civil liberties”? What are rights?

In-Class Workshop: How to brief a case: Brown v. Board of Education, 347 U.S. 483 (1954).

In-Class Review re: Future Homework Assignments

The following is a sample of your weekly readings and the way to find them.

Readings: Findlaw: (for the case, including the dissent):

http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?navby=case&court=us&vol=347&invol=483

In-Class Background Readings on the case:

1. Wikipedia: Brown v. Bd. Of Ed: http://en.wikipedia.org/wiki/Brown_v._Board_of_Education

2. Landmark Cases: http://www.landmarkcases.org/brown/home.html

a. ALWAYS READ: Background Summary and Questions;

b. Diagram of How The Case Moved Through The Court System;

c. Biography (or one additional reading)

Class 2: Overview of the Constitutional Convention and the Amendments

Quiz 2

Readings: The U.S. Constitution and The Bill of Rights (Amendments 1-10);

Handouts distributed during Class 1.

Recommended: “Exploring the Constitution” website:

1. Introduction to the Constitution. http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/conlawintro.htm

2. The Constitutional Convention: http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/convention1787.html

3. The Bill of Rights (Background):

http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/billofrightsintro.html

In-Class Discussion re: The Constitution and the Amendments

In-Class Exercise: Briefing a Case, Part II

Assignment 1 Due: What is a Constitution? Identify U.S. Constitution Articles 1-3 with a few words. What is the most confusing Constitutional Amendment?   Which Amendment interests you the most? Please explain.

Classes 3-4: The Right to be Free from Discrimination

(14^th and 5^th Amendments: Equal Protection & Due Process)

Class 3: Plessy v. Ferguson , 163 U.S. 537 (1896) and Brown v. Board of Education, 347 U.S. 483 (1954).

Quiz 3

Readings: Plessy v. Ferguson, 163 U.S. 537 (1896)

Findlaw: http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=163&invol=537

Background Reading on the case:

1. Wikipedia: http://en.wikipedia.org/wiki/Plessy_v._Ferguson

2. Landmark Cases: http://www.landmarkcases.org/plessy/home.html

(a-b)

In Class Exercises and Quiz:

1. Who is “Brown” in Brown v. Board of Education, 347 U.S. 483 (1954)?

2. Why is the case named after this particular person?

3. Which amendments were at issue in Plessy?

4. What is Chief Justice William Rehnquist’s opinion of the Plessy decision?

5. TBA

Assignment 2 Due: Case Brief: Brown v. Board of Education, 347 U.S. 483 (1954).

Class 4: Dred Scott v. Sanford , 60 U.S. 393 (1856).

Quiz 4 : Classifying Arguments in the Case (Landmark)

Readings: Dred Scott v. Sanford, 60 U.S. 393 (1856)

1. NOTE: You are NOT required to read this entire case, but you may review it and/or print any/all of it (at your discretion):  

Findlaw: http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=60&invol=393

Required:

2. Wikipedia: http://en.wikipedia.org/wiki/Dred_Scott_v._Sanford

3. Landmark Supreme Court Cases: http://www.landmarkcases.org/dredscott/home.html

(a-b + Classifying Arguments in the Case)

Assignment Due: Case Brief: Plessy v. Ferguson, 163 U.S. 537 (1896).

Classes 5-6: Fundamental Rights: The Right to Marry & Intimacy

Class 5: Loving v. Virginia, 388 U.S. 1 (1967).

Quiz 5

Readings:

Findlaw: http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=388&invol=1

Exploring Constitutional Conflicts: http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/righttomarry.htm

NOTE: Your Readings include learning about the Loving line of cases ( Zablocki and Turner).

Wikipedia: http://en.wikipedia.org/wiki/Loving_v._Virginia

Assignment Due:

1. Is it morally right or wrong for people of different ethnic/racial backgrounds to marry (“inter-marry”)?

2. Should partners in same-sex unions be entitled to the all the benefits   that “opposite sex” couples receive from their legal spouse?

3. Should men who are in arrears re: their child support (in other words, men who have not paid) be permitted to marry (someone other than the mother of their child)?

4. Should inmates be permitted to marry? Explain.

Class 6: Lawrence v. Texas, 539 U.S. 558 (2003).

Quiz 6

Readings:

Exploring the Constitution offers an edited (greatly shortened version) of the case:

http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/lawrencevtexas.html

Should you like to view the case syllabus/summary/opinion, etc., go to:

Cornell Legal Information Institute (LII): http://www.law.cornell.edu/supct/html/02-102.ZS.html

NOTE: READ SYLLABUS AND AS MUCH OF CASE AS YOU WOULD LIKE, but esp’ly

READ: syllabus; first few pages; and last page of majority opinion.

ALSO: READ Scalia’s Dissent AND Thomas’ Dissent (only as much as you like).

Assignment Due: Case brief: Loving v. Virginia, 388 U.S. 1 (1967).

Classes 7-8: Intimacy and the Freedom of Association

Class 7: Gay Rights: Freedom of Association?

Readings: http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/gayrights.htm

Group Briefs: Go to this cite. Choose ONE case and brief it. Be prepared to speak about it in class.

Class 8: Boy Scouts of America v. Dale 530 U.S. 640 (2000).

Quiz 7

Readings:

1. Case: http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/gayrights.htm

2. Exploring the Constitution: http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/association.htm

3. FYI: See also: Cornell Legal Information Institute: http://www.law.cornell.edu/supct/html/99-699.ZO.html

NOTE: Read the majority opinion, but also the dissents (and the syllabus).

MARCH 15: SPRING BREAK—NO CLASS

Classes 9-10: First Amendment: Protected (and Unprotected) Speech

(Also: “May It Please The Court” Tape/Book)

Class 9: Texas v. Johnson , 491 U.S. 397 (1989).

Readings:

1. Findlaw: http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=491&invol=397

2. Wikipedia: http://en.wikipedia.org/wiki/Texas_v._Johnson

3. Landmark: http://www.landmarkcases.org/texas/home.html

In-Class Exercises/Quiz: What is Symbolic Speech? When is it Protected? (Landmark)

(Also: “May It Please The Court” Tape/Book)

TUESDAY, 1pm-3:30pm: PRE-LAW EVENT: Please ask your professors to bring you J

Class 10: Hazelwood v. Kuhlmeier , 484 U.S. 260 (1988).

In-Class Exercise/Quiz 8: Consider whether Hazelwood applies to Colleges & Universities: http://www.splc.org/legalresearch.asp?id=49

1. Findlaw: http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=484&invol=260

2. Wikipedia: http://en.wikipedia.org/wiki/Hazelwood_School_District_vs._Kuhlmeier

3. Landmark: http://www.landmarkcases.org/hazelwood/background3.html

Classes 11-13: TBA as per students’ interests

During Classes 11, 12, and 13, students will work together to present specific civil liberties as interpreted by case law. Additional readings: TBA and Assignments: TBA

Quiz: At Professor’s discretion.

Class 14: Review

Class 15 : Final Exam: In Class