PLS 419
Judicial Process
Fall 2009
Dr. George E. Connor
Phone: 836-5630, E-mail: georgeconnor@missouristate.edu
Office Hours: MTWRF by appointment, Strong 307
Texts:
Carp, Stidham, and Manning. Judicial Process in America (7th ed.)
Slotnick, ed. Judicial Politics: Readings from Judicature (3rd. ed.)
Calvi and Coleman. American Law and Legal Systems (6th ed.)
Policies:
1. Exams: There will be three exams worth 50 points consisting of two 25 point essay questions.
2. Papers: There will be one 20-25 page bibliographic essay worth 100 points. Papers are due at or before the beginning of class on the due date. No e-mail or faxed papers will be accepted. No late papers will be accepted.
3. Grading: The exams and papers will be equally weighted. No curve will be utilized, no extra-credit will be given, and no "rounding-up" will occur. Final grades will be based on total semester points (250) and the following scale: 93 A, 90 A-, 87 B+, 83 B, 80 B-, 77 C+, 73 C, 70 C-, 67 D+, 60 D (Please note that there are no A+s or D-s).
4. Attendance/Participation: Both are expected, neither is required. Attendance will be taken for administrative purposes only and will not be directly reflected in course grades. Pre-arranged absences may be tolerated with prior (24 hour) notice, University sanction, and documentation.
5. Promptness: Students arriving late for class will be glared at. Students arriving late for exams may not be allowed to take the exam.
5. Academic Dishonesty: Missouri State University is a community of scholars committed to developing educated persons who accept the responsibility to practice personal and academic integrity. You are responsible for knowing and following the university’s student honor code, Student Academic Integrity Policies and Procedures, available at www.missouristate.edu/assets/provost/AcademicIntegrityPolicyRev-1-08.pdf and also available at the Reserves Desk in Meyer Library. Any student participating in any form of academic dishonesty will be subject to sanctions as described in this policy.
6. Cell phones and other electronic devices: As a member of the learning community, each student has a responsibility to other students who are members of the community. When cell phones or pagers ring and students respond in class or leave class to respond, it disrupts the class. Therefore, the Office of the Provost prohibits the use by students of cell phones, pagers, PDAs, or similar communication devices during scheduled classes. All such devices must be turned off or put in a silent (vibrate) mode and ordinarily should not be taken out during class. Given the fact that these same communication devices are an integral part of the University’s emergency notification system, an exception to this policy would occur when numerous devices activate simultaneously. When this occurs, students may consult their devices to determine if a university emergency exists. If that is not the case, the devices should be immediately returned to silent mode and put away. Other exceptions to this policy may be granted at the discretion of the instructor.
7. Academic Accommodation: To request academic accommodations for a disability, contact the Director of Disability Services, Plaster Student Union, Suite 405, (417) 836-4192 or (417) 836-6792 (TTY), www.missouristate.edu/disability. Students are required to provide documentation of disability to Disability Services prior to receiving accommodations. Disability Services refers some types of accommodation requests to the Learning Diagnostic Clinic, which also provides diagnostic testing for learning and psychological disabilities. For information about testing, contact the Director of the Learning Diagnostic Clinic, (417) 836-4787, http://psychology.missouristate.edu/ldc.
8.
9. Nondiscrimination: Missouri State University is an equal opportunity/affirmative action institution, and maintains a grievance procedure available to any person who believes he or she has been discriminated against. At all times, it is your right to address inquiries or concerns about possible discrimination to the Office for Equity and Diversity, Park Central Office Building, 117 Park Central Square, Suite 111, (417) 836-4252. Other types of concerns (i.e., concerns of an academic nature) should be discussed directly with your instructor and can also be brought to the attention of your instructor’s Department Head. Please visit the OED website at www.missouristate.edu/equity/.
10. Dropping: It is your responsibility to understand the University’s procedure for dropping a class. If you stop attending this class but do not follow proper procedure for dropping the class, you will receive a failing grade and will also be financially obligated to pay for the class. If you drop while failing after the no-penalty drop deadline you will receive a failing grade. For information about dropping a class or withdrawing from the university, contact the Office of the Registrar at 836-5520. It should be noted that withdrawing from the University does not insure a "drop while passing" grade.
11. No Food or Drink in Strong Hall classrooms
Statement of Purpose-Preamble
The purpose of this course is to introduce upper-division students to the judicial processes present at the state and national level. While a basic understanding of these processes is necessary for persons who are both competent and educated citizens, this course examines the judicial process in detail. Political scientists perceive the courts to be both legal institutions and political institutions that should be studied, assessed, and critiqued at the intersection of law and politics. Because political science is such a diverse discipline, students will become acquainted with a broad variety of research questions and methodological approaches that arise out of the study of judicial processes.
Course Schedule:
Aug 24 Introduction: Syllabus, Schedule, Policies
Aug 26 Overview CSM Preface, 1, S Preface, CC1
Part I: Judicial Structures and Personnel
Aug 28 The Federal Judicial System CSM 2
Aug 31 The American Constitutional System (Judicial Review) S 1a
Sept 2 State Judicial Systems CSM 3
Sept 4 States and State Courts S 13
Sept 7 NO CLASS (Labor Day Holiday)
Sept 9 Magistrates and Clerks S 3
Sept 11 Jurisdiction and Policymaking Boundaries CSM 4
Sept 14 The American Constitutional System (Activism and Restraint) S 1b
Sept 15 State Judges CSM 5
Sept 18 State Selection Systems S 2a
Sept 21 Federal Judges CSM 6
Sept 23 Federal Selection and Representation S 2b, S 7
Sept 25 Federal Representation S 7
Sept 28 EXAM
Sept 30 Bibliographic Essay Assignment *
Part II: Judicial Policy Making and Decision Making
Oct 2 Policy Links CSM 7
Oct 5 Courts, Congress, and the Presidency S 12
Oct 7 Courts, Congress, and the Presidency S 12
Oct 9 Lawyers, Litigants, and Interest Groups CSM 8 *TOPICS EXPECTED
Oct 12 Lawyers and Legal Practices S 4
Oct 14 The Role of Interest Groups S 5
Oct 16 NO CLASS (Fall Holiday)
Oct 19 Trial Court Decision Making CSM 12
Oct 21 Internal Court Processes S 10
Oct 23 The Role of Public Opinion S 11
Oct 26 Collegial Court Decision Making CSM 13
Oct 28 Appellate Court Processes S 9
Oct 30 Appellate Court Processes S 9 *BIBLIOGRAPHY EXPECTED
Nov 2 Implementation and Impact CSM 14
Nov 4 Judicial Policy Making CSM 15, S 15
Nov 6 EXAM
Nov 9 Evils of Plagiarism
Part III American Law and Legal Systems
Nov 11 Comparative Framework CSM 1, CC 1
Nov 13 Substantive Criminal Law CC 7 *DRAFTS ACCEPTED
Nov 16 Procedural Criminal Law CC7
Nov 18 Administrative Law CC8
Nov 20 Environmental Law CC9
Nov 23 Environmental Law CC9
Nov 25 NO CLASS (Thanksgiving Holiday)
Nov 27 NO CLASS (Thanksgiving Holiday)
Nov 30 Tort Law CC 10
Dec 2 Contract Law CC 11
Dec 4 Property Law CC 12 *BIBLIOGRAPHIC ESSAYS DUE
Dec 7 Family Law CC 13
Dec 9 The Meaning of Law CC 14
Dec 11 DEAD DAY
FINAL EXAM December 14th 8:45-10:45
Dates to Remember: No penalty drop: Oct 28 Last drop: Dec 4