POL 460 Dr. Zeigler
Office: McCreary 214 (Government) 622-4389(POL)
Miller 210 (Women’s Studies) 622-2913 (WMS)
Home Phone: 859-264-1146
Web page: www.government.eku.edu/zeigler
"I can protect myself against my enemies, but lord protect me against my
friends"
-Voltaire
This course examines the use of law as an instrument of social regulation and public policy. Through reading, discussion and debate, students will analyze theoretical conceptions of the end and function of law, as well as current controversies in legal scholarship. Active participation by students prepared to engage in rigorous (yet civil) discussion of the texts is a necessary component of the course. Students are encouraged to voice reactions and criticisms freely, regardless of whether their remarks coincide with the views expressed classmates, text authors, or the instructor.
The following required text is available in the bookstore.
David Adams, Philosophical Problems in the Law (2000)
Supplementary readings will be provided as handouts or made available on the instructor's web page or on Blackboard.
Students with Disabilities: If you are registered with the Office of Services for Individuals with Disabilities, please make an appointment with the course instructor to discuss any academic accommodations you need. If you need academic accommodations and are not registered with the Office of Services for Individuals with Disabilities, please contact the Office directly either in person on the third floor of the Student Services Building or by telephone at (859) 622-2933 V/TTY. Upon individual request, this syllabus can be made available in alternative forms.
Course Requirements and Procedures:
1. Participation in class debates: Students will be divided in five groups. On each designated “debate day” (as marked in the schedule, below), one group will present arguments responding to the debate question for that week (see schedule below). Other class members will represent alternative viewpoints, offering criticisms and suggestions on the main argument. Each member of the assigned group will submit a brief (1-2 page) summary of his/her argument via the course Blackboard page by noon on the day prior to the debate. The "others" will then prepare a brief (1-2) response to or criticism of the group members’ arguments which will be posted on Blackboard prior to the class meeting at which the debate is to occur.. This is really not as complicated as it sounds. Position papers will be graded, response papers will be credited (full value if competent and submitted by deadline). All grades will be accessible via Blackboard.
Position papers: 2 required at 30 pts each
Response papers: 8 required at 5 pts. each
Total points: 100 (20%)
2.Two in-class examinations, 100 points each (40% total).
3. One paper, of approximately 10 pages in length, 100pts(20%).
4. One take home final examination, 100 pts (20%).
All examinations and assignments are open-book, open-note. Well-organized, concise writing is a basic academic skill and will be considered in the evaluation of written work.
Policies, Procedures, Admonitions and Advice:
1. Attendance Policy: The course is designed as a conference and the success of that format depends upon the presence of well-prepared conferees. Students who neglect to attend class demonstrate contempt for their classmates, the instructor and themselves. This will not be tolerated. More than eight unexcused absences (approximately 20%) will result in automatic failure of the course. Because I regard failure to fulfill responsibilities to one's group as a particularly egregious dereliction of duty, each unexcused absence on a day when your group is "on" will count as two absences. For the purposes of this course, "excused absences" include verifiable medical or family emergencies, university approved activities (accompanied by a university excuse), documentable illness (yours or your child's) and other unforeseen circumstances that the instructor deems to be reasonable excuses for an absence.
2. Preparation: Students who have not read the assigned texts are not welcome in class.
3. Make-up Examinations: Students who have an excused absence on the day of an in-class examination will be permitted to take a make-up exam, to be scheduled by agreement of the student and instructor. The make-up exam will differ from the exam given to the class at the scheduled examination time.
4. Late Papers: A ten-point per day penalty will be imposed on late papers. The take-home final may not be submitted after the deadline, except in emergencies (as defined by the instructor). If it is necessary for a student to submit a final exam after the deadline, the student may receive an Incomplete so that the submission of other students' grades will not be delayed.
5. Plagiarism: Academic dishonesty will result in automatic failure of the assignment and/or the course. Should you have doubts as to what constitutes plagiarism, please consult the instructor.
6. Use of Books and Notes during Examinations: All examinations are open-book, open-note. "Cliff Notes" or anything in the same genre shall darken neither your door nor that of the classroom. Ever.
7. The primary means of communication, outside of classtime, will be via Blackboard and email. Students should check their email and the Blackboard course page at least every other day.
August 20: Introduction, review of requirements
August 22: Philosophy and Law, pp. 3-15
August 25: The Border Guards and Nuremburg trials, pp. 20-37.
August 27: Yugoslavia and War Crimes Tribunal, 37-44.
August 29: Reading Day
September 1: Labor Day
September 3: The Problem of the Grudge Informer, pp.
186-190. Debate Topic: What should be done about the grudge informers?(Group
1)
September 5: Classical Theories of Law, pp. 46-59
September 8: Modern Theories of Law: 75-86; 90-97
September 10: Contemporary Perspectives: pp. 104-116; 126-136
September 12: Riggs v. Palmer, pp. 176-180. Debate
Topic: How should Riggs v. Palmer have been decided?(Group 2)
September 15: The United States Constitution, appendix. Griswold v. Connecticut (web site).
September 17: Roe v. Wade, Lawrence v. Texas. (Web site)
September 19: Debate Topic: Is there a privacy right in the U.S. Constitution? (Group 3)
September 22: First in-class examination
September 24: Patriot Act (web page)
September 26: Chavez v. Martinez (web page).
September 29: Does the Patriot Act violate our civil
liberties?
October 1: Reno v. ACLU, pp. 249-252; American Booksellers Association v. Hudnut, pp. 252-257.
October 3: Obscenity and Pornography: pp. 257-270.
October 6: Debate Topic: Should pornography receive
first amendment protection? (Group 5)
October 8: Readings
on Affirmative Action: pp. 319-334.
October 10:.Gratz
v. Bollinger; Grutter
v. Bollinger (web page).
October 13: Holiday
October 15: Debate Topic: Were these cases rightly decided? (Group 1).
October 17: Reading Day
October 20 Sexual Harassment Cases (web site). Paper topics distributed. Oncale, Ellerth
October 22: Readings on Sex Equality, pp. 356-373. Discrimination Law under the Constitution, Title VII and Title IX
October 24: Romer v. Evans, pp. 388-390. Debate Topic:
Romer v. Evans -- rightly decided or not? (Group 2)
October 27: The Significance of Suffering, pp. 398-407.
October 29: Excuse Defenses, pp. 433-441.
October 31: State v. Leidholm, pp. 442-444; The battered woman's defense, pp. 444-452.
November 3: Insanity Defense: State v. Cameron, pp. 452-455; The Decline of Innocence, pp. 459-466.
November 5: Debate Topic: Should excuse defenses be
recognized? (Group 3)
November 7: Second in-class examination.
November 10: Punishment, pp. 467-479; Retribution, pp. 479-484.
November 12:Restitution, pp. 489-496.
November 14: Reading Day
November 17: Prisoners' Rights: Overton v. Bazzetta (web page)
November 19: Hope v. Pelzer. Papers due
November 21:Debate Topic: What rights should prisoners enjoy? (Group 4)
November 24: Death and justice, pp. 508-534.
November 26-28: Holiday
December 1: Cases and controversies, to be selected by the class.
December 3: Cases and controversies, to be selected by the class.
December 5 : Debate Topic: What is the most serious
problem with the American legal system? (Group 5).
December 8: Review, Distribution of take-home final.