POSC Lecture Week of 9/6-9/8
POSC Lecture Week of 9/6-9/8 JOUR 201
Popular in Culture of Journalism: Past, Present and Future
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This 7 page Class Notes was uploaded by Adrianna Robakowski on Saturday September 10, 2016. The Class Notes belongs to JOUR 201 at University of Southern California taught by Roberto Suro in Fall 2016. Since its upload, it has received 2 views. For similar materials see Culture of Journalism: Past, Present and Future in Journalism and Mass Communications at University of Southern California.
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Date Created: 09/10/16
LECTURE 9/6 Law Schools Socialization of lawyers Experience of legal education pretty much the same as Harvard developed the model in the early 20th century Wasn’t necessary to go to law school in the old days, people just had apprenticeships Centrality of law schools as path to power Being a lawyer is common in American political system, but not so much in other legal systems Set up law schools to upgrade the legal profession Make it seem more rigorous Get rid of people's negative opinions Models Legal apprenticeships versus three year graduate programs = United States Clerk for judge Barrister v. Solicitor = the lawyer that appears in court (prestigious) v. the lawyer that does the background work (better paid) Stratified Bar System Reflects conflict over practical versus theoretical studies What should the emphasis be ??? Law as liberal arts versus law as a separate field Early Law Schools Litchfield School of Law First law school in the U.S. Connecticut Only lasted for a decade but produced some of the best lawyers 2 Vice Presidents, 3 Supreme Court Justices, 34 Senators, 6 cabinet members, 101 members of the House of Representatives, etc. Closed in 1833 Tried to elevate legal analysis Princeton and Maryland both had failed law schools Princeton still doesn’t have a law school Columbia School of Jurisprudence Harvard Law School SETS THE STANDARD Chief Justice Isaac Parker (Mass.) Established formally in 1817 Dean Christopher Columbus Langdell Various reforms 3 years for postgrad degree Establish 1st and 2nd year curricula Private vs. Public law / Criminal vs. Civil law Legal writing and research Civil procedure = how courts function Moot court = argue a topic in a fake court 1st year = Contracts, Torts, Property Case method = learn about the law through appellate court cases Distorted view of legal systems “Great cases” Women not allowed at Harvard until 1950’s, and even then still not very welcomed Promoted new type of instructor, e.g. Ames Young theoreticians (instead of local practitioners and judges) People who hadn’t been “tainted” by practicing law Langdell thought case method was so self explanatory that experience wasn’t necessary to teach it [ratio decidendi = reason for the decision] “We hold” , “in our view” 1 paragraph that is the precedent [obiter dicta = other words] Part of the decision/case that isn’t binding EXAMS Grade based entirely on final 3 hour in class exam Test comprised of “issue spotting” questions Issue, ruling, analysis and conclusion (IRAC) Black letter law, the rule of law Papers instead in 2nd and 3rd year courses Importance of study groups and outlines for preparation SOCRATIC METHOD Cold call You can pass it to the next person, but people WILL hate you Need to recite facts of cases and get grilled on the questions Criticisms of Law School and Education Emphasis on recruitment interferes with studies Case method is narrow, uncreative and constrained Case books are ahistorical in approach Pedagogy as mind control “Hot cases” as illustration A case that goes the way you wouldn’t expect due to morality issues, but the law makes it go that way Sympathetic plaintiff Lack of social science Interdisciplinary programs: Berkeley, Wisconsin, Yale (Policy Studies) DUNCAN KENNEDY ON THE MIDTERM Discrimination Portia Law School = named after a woman who disguised herself as a male lawyer Oberlin admitted blacks in 1839 Inadequate attention to public interest law Student loans influences career choices Some law schools have loan forgiveness programs if you go into public interest law Emphasis on corporate law Lack of social responsibility INNOVATIONS International law as required 1st year subject = Harvard, Michigan. Florida A+M Reduce law school to two years Make law an undergrad degree Require pro bono service for students and practicing attorneys Paid year of leave before joining firms [What should be added???] How to draft a new law “Cultural competency” International law Social science Trial advocacy Expertise in language (legal language) of other countries LLM = Law Masters Specialized training ACCESS TO JUSTICE: the right to counsel Sixth Amendment Right to Counsel: The 6th Amendment provides that “in all criminal prosecutions, the accused shall enjoy the right...to have assistance of counsel of his defense” The importance of the 6th amendment The essence of due process Having one’s day in court = fundamental human right Pro se = people going into court by themselves Disadvantage People with legal training shirking responsibilities ??? Gideon case established people shouldn’t be expected to do it on their own Incorporated rights = rights that apply to federal as well as state governments...total v. partial [International courts have right to counsel] Historical Overview: Powell v. Alabama (1932) capita crimes Scottsboro cases, African American boys killed for “looking” at a white woman 1 day trial No lawyer but judge said they had the “full bar” to defend them Supreme Court held that they were denied their right to due process 14th Amendment (whether requested or not, defendant should be given counsel) Betts v. Brady (1942) 6th amendment did NOT apply to state trials Lack of appointed counsel was “not unfair” Gideon v. Wainwright Amicus briefs written by someone not involved in the case but cares enough about the outcome to want to influence it Not supposed to, but did, overrule the precedent in Betts v. Brady U of A said they would take the GRE instead of the LSAT!!! LECTURE 9/8 Gideon gave the right to counsel for felonies (more than 1 year in prison) Implications of Gideon Extended to misdemeanors later Argersinger v. Hamlin (1972) Indigent defendants charged with misdemeanors facing a possible jail sentence Limits on the right to counsel Not for criminal matters Not for civil matters (divorce, custody, eviction) In Europe, there is a right to counsel for civil matters Don’t get funding for expert witnesses Some will do it (pro bono), some not Ake v. Oklahoma (1985) (California Appellate Project people who do appeals because it is not in the Constitution) Would Gideon be applied r etroactively o r rospectively Prospectively was the final decisions Retroactively would be too cumbersome [Efficiency v. Fairness] Major problem in our legal system EXAMPLES Sleeping Lawyer: Burdine v Texas Burdine murdered his roommate Lawyer slept for much of the trial Officials argued that the sleeping lawyer was not enough, that he had to prove it prejudiced the actual outcome Failure to note cultural differences: Siripongs v. Calderon Robbed a store, didn’t pull the trigger on the gun, wouldn’t give up his accomplice “Boon” (goodness), “baap” (sin), and “khwaan” Thai concept of shame, if a Thai does something bad, they feel as if they must compensate with goodness Demeanor of defendant Didn’t show emotion American jury sees this as a lack of remorse Defendant was brought up in a society where you aren’t supposed to show emotion Lawyer had also never had a murder case Lawyer never went to Thailand Defendant was raised in his uncle’s brothel, sexually abused, and his mother sat in on the trial but was never called to testify about any of this) Siripongs was an ex buddhist priest Taught many inmates how to read Made art to pay for his defense Warden of San Quentin and the families of the victims pleaded for his life Applied for clemency Rejected twice, once under a republican governor and once under a democrat Vienna Convention on Consulate Relations Supposed to be put in touch with your consulate after you are arrested in a country you are not a native of Siripongs was executed International conventions about cultural differences Legal Professions Government lawyers City attorney (zoning, environment) District attorney (each county) State Attorney General (immigration fraud, consumer protection) Federal US Attorney General Solicitor General White House Attorney Solo Practitioner (law firm) Corporate law In house counsel Public interest law ACLU (American Civil Liberties Union, national and statewide) More left ACLG (American Center for Law and Justice) More right Center for Constitutional Rights Equal Rights Advocates Rutherford Institute (conservative proreligion organization) CYPREY (as close as possible) = when, if ever, has the circumstances changed so much that you can interpret someone's will Rigs v. Palmer Grandson murdered his grandfather for his inheritance Should the grandson still get the money or have the circumstances changed?
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