PLS 419                                         Judicial Process                                Fall 2010

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 (8th ed.)

Slotnick, ed. Judicial Politics: Readings from Judicature (3rd. 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 165 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. Emergency Response: Students who require assistance during an emergency evacuation must discuss their needs with their professors and Disability Services. If you have emergency medical information to share with me, or if you need special arrangements in case the building must be evacuated, please make an appointment with me as soon as possible. For additional information students should contact the Office of Disability Services, 836-4192 (PSU 405), or Larry Combs, Interim Assistant Director of Public Safety and Transportation at 836-6576. For further information on Missouri State University’s Emergency Response Plan, please refer to the following web site: http://www.missouristate.edu/safetran/erp.htm.

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 Institutional Equity and Compliance, 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 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 23   Introduction: Syllabus, Schedule, Policies

Aug 25   Overview     CSM Preface, 1, S Preface

Part I: Judicial Structures and Personnel

The purpose of this section is to introduce the structures, jurisdictions, and boundaries of the dual court system in the United States.

Aug 27   The Federal Judicial System: Bill, Ted, and Judicial Review CSM 2 *34-42

Aug 31   The American Constitutional System  S 1 Intro, Slotnick

Sept 1    The American Constitutional System  S 1 Melone & Mace, Shaman

Sept 3    State Judicial Systems: State Constitutions     CSM 3 *57-63

Sept 6    NO CLASS (Labor Day Holiday)

Sept 8    States and State Courts    S 13 Intro, Abrahamson & Gutmann

Sept 10  State and State Courts      S 13 Elser  

Sept 13  The Role of Clerks     S 3  Intro, Crump                                                                         

Sept 15  Jurisdiction and Policymaking Boundaries: Decision Rules   CSM 4 *125-129

Sept 17  The American Constitutional System (Activism and Restraint) S 1 Intro, Taylor, Wallace

Sept 20  The American Constitutional System (Activism and Restraint)    S 1 Wallace, Cohn

Sept 22  State Judges: Recall CSM 5                 

Sept 24  State Selection Systems    S 2 Intro, Aspin, Thomas 

Sept 27  State Selection Systems    S 2 Thomas, Berkson

Sept 29  EXAM

Oct 1     Bibliographic Essay Assignment

The purpose of this section is to identify the main actors in federal court processes and to explore the linkages between citizens, elected officials, and the courts.

Oct 4     Federal Judges: Finality and Change³    CSM 6 *129-140

Oct 6     Federal Selection    S 2 Intro, Goldman and friends

Oct 8     Federal Selection    S 2, CSM

Oct 11   Federal Selection and Representation   S 7 Intro, Goldman, Hurwitz, Davis

Oct 13   Federal Selection and Representation   S 7 Davis, Marshall TOPICS DUE

Oct 15   NO CLASS (Fall Break)

Oct 18   Policy Links: Planes, Tools, and Vetoes     CSM 7  *157-163             

Oct 20   Courts, Congress, and the Presidency    S 12  Intro,  Miller, Lindquist

Oct 22   Courts, Congress, and the Presidency    S 12   Lindquist, Watson            

Oct 25   Lawyers, Litigants, and Interest Groups: Tocqueville and Bryce  CSM 8 *189-195           

Oct 27   Lawyers and Legal Practices    S 4 Intro, Adams

Oct 29   Lawyers and Legal Practices    S 4 Kritzer

Nov 1    The Role of Interest Groups    S 5 Intro, Behuniak BIBLIOGRAPHIES DUE

Nov 3    The Role of Interest Groups    S 5 Dean

Nov 5    EXAM

Nov 8    Evils of Plagiarism

Part II: Judicial Decision Making

This section is designed to explore the decision-making process of both trial and appellate courts and examine the implementation of these decisions.

Nov 10  Trial Court Decision Making: Dahl, Robert not Roald    CSM 12 *298-312

Nov 12  NO CLASS

Nov 15  The Role of Public Opinion     S 11 Intro, Marshall

Nov 17  The Role of Public Opinion     S 11 Sheb   ARTICLE SUMMARIES DUE

Nov 19  Internal Court Processes    S 10 Intro, Segal

Nov 22  Internal Court Processes    S 10 Bowen 

Nov 24  NO CLASS (Thanksgiving Holiday)

Nov 26  NO CLASS (Thanksgiving Holiday)

Nov 29  Collegial Court Decision Making: Warren and Brown CSM 13 *340-350                                 

Dec 1     Appellate Court Processes    S 9 Provine

Dec 3     Appellate Court Processes     S 9 O'Brien                                       

Dec 6     Implementation and Impact: Miranda, Mapp, and Gideon CSM 14 *375-382 PAPERS DUE

Dec 8     Judicial Independence S 15 Fein, Friedman

Dec 10   DEAD DAY

FINAL EXAM     December 15th     11:00-1:00

Dates to Remember: Last day to drop, November 12