Class Description

This course is designed to introduce upper division students to the dynamics of the American Judicial System. While a considerable amount of time will be spent discussing "the courts", much of our work will focus on the nexus of law, society, and judicial behavior.  As such, we will examine the role of various actors, institutions, situations, and realities that define the legal environment. This analysis will extend into the realm of constitutional interpretation, decision making, and the impact of court decisions on society.

Class Objectives

The world of law and courts is complex and animated, ethereal and omnipresent, engaging and occasionally dramatic.  To illuminate these realities, we will use two major textbooks: Judicial Process in America and Judges on Judging: Views from the Bench.  The first provides a broad survey of the American judicial system, ranging from the foundations of federal and state law and courts to the dynamics of decision making and the implementation and impact of judicial decisions. The second book offers stellar collection clear, concise, and comprehensive essays about the courts written by those who have presided over them. Combined, they provide a solid foundation of the basics as well as unique insights into some of the most vexing questions about law and courts in America. We will grapple with these issues every day in class and in-between class sessions through the use of Forum. Our goal will be to strike and maintain a balance between a formal understanding of law and courts and critical perspectives on them. A high degree of creative and critical thinking will be required, and these skills will enhance the class experience.

Student Learning Outcomes

Pursuant to Southeast Missouri State University's Student Learning Outcomes Initiative, I will be assessing the accomplishment of three main student learning outcomes in this class. Information about the initiative, the outcomes, and their assessment will be distributed and discussed in detail in class. The PS390 Student Learning Outcomes are as follows:

1. Students will successfully locate primary source information pertaining to the American judicial system

2. Students will describe accurately the organization and function of the federal judicial system

3. Students will critically assess collegial court decision making

As stated above, there are two books required for the class:

• O’Brien, David M. 2008. Judges on Judging: Views from the Bench. Third Ed. Congressional Quarterly Press. 
• Carp, Robert A., Ronald Stidham, and Kenneth Manning. 2011. Judicial Process in America. Eighth Edition. Congressional Quarterly Press. 

Please note that outside readings will be assigned throughout the course of the semester. The US Supreme Court term begins in October and we have an intellectual and academic responsibility to pay attention to its conduct. Additionally, the courts, journals, and the press move at a faster rate than the book publishers, and we need to stay abreast of developments in those domains as they occur. Finally, we will inevitably discover material or ideas that are perfect for class but not bound in the chosen books, so we will seek out explore such information as well.  In some cases I will ask you to find materials; in others I will point you in the right direction. It will depend upon the assignment, so please pay close attention to the Forums and Assignments.

Writing Effectively:  All papers, exams, and assignments must reveal exceptional writing skills. For help on this matter, please visit the Center for Writing Excellence on the 4^th floor of the Library. Information about the Center may be found at: http://ustudies.semo.edu/writing.  You may also take advantage of the services offered through the Center’s Online Writing Lab (OWL), located at: http://ustudies.semo.edu/writing/owl.asp.

Tentative Schedule

Note: The pace and progress of the class and real-world legal and political developments will determine precisely when we begin and conclude each topic. It is therefore important that you attend every class session and check your email and Forum daily.

**Read this New York Times article on the Court's diminished influence around the world, published on Sept. 17, 2008**

**Read this New York Times article on the Court and Judge-Made Foreign Policy, published on Sept. 28, 2008**

Policies

General: All work must be completed and submitted on time in the format given for the particular assignment. Specific information and instructions will be given for each examination and assignment. This information will be shared in class and/or via email or the class forum. If a rubric is available for an assignment, a copy will be provided to you ahead of time.

The Exams: Specific instructions for each will be given in class.  Please note that I have high expectations of your work. Well written, well reasoned answers are mandatory. All work must be critical, analytical, independent, and well written. Also, please remember that there is a balance you must strive for between utilizing the material covered in class and your own critical thinking skills. Again, more will be said about each assignment when it is posted.

Assignments: Every Thursday we will engage in active learning exercises intended to engage you with the material and with one another as a class. This is when we will be focusing in detail on the O'Brien readings and potentially other outside sources. Every Thursday you will provide a written analysis of the relevant material, and class activities will flow from that. Every Tuesday I will inform you of what to read, do, or prepare for each Thursday session. These will be rather fun learning experiences, so make sure you come to class every Tuesday and Thursday! 

Final Paper: A final paper and a brief presentation of it is required of all students in this class. Specific instructions will be provided in class. 

Grading scale

Assignment Values