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by: Jefferey Miller


Jefferey Miller
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Patricia Woods

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Patricia Woods
Class Notes
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This 3 page Class Notes was uploaded by Jefferey Miller on Saturday September 19, 2015. The Class Notes belongs to POS 6933 at University of Florida taught by Patricia Woods in Fall. Since its upload, it has received 22 views. For similar materials see /class/207056/pos-6933-university-of-florida in Political Science at University of Florida.




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Date Created: 09/19/15
Comparative Law and Society Fall 2008 POS 6933 4299 Thursday 57 CBD 224 Patricia Woods 222 Anderson Hall Course Description Courts have increasingly participated in decision making on critical political questions across the globe since the end ofWorld War II Examples abound of both public support and outrage at the increasing role that courts have played in deeply charged political battles Domestic and even international clashes over the political role of courts have become commonplace in a world more comfortable with idealizing courts as somehow apart from politics These have included debates over the jurisdiction of the European Court ofJustice to review fundamental decisions ofnational state governments as in Irish unease about new constitutional citizenship provisions in the face of the EU Hunan Rights Charter or French and British concerns about states rights to restrict Muslim veils in secondary schools The entire world watched as a single national court intervened in the affairs of a wholly separate state 77 Spain and Chile in the case of Pinochet Firestorms have emerged too in response to specific decisions of domestic courts such as the US Supreme Court s answers to questions of abortion persistent vegetative states religious monuments in public spaces and ethnic or gender representation in university admissions Equally divisive in some states have been questions about the extraijudicial activities and social associations ofjustices US Supreme Court Justice Antonin Scalia received heightened scrutiny at news of his expenseipaid vacations with Vice President Dick Cheney at the very moment the latter was a party in a Supreme Court case In some cases judges have nearly unchecked autonomy allowing them to develop widespread social and political ties coupled with the ability to both bring prosecute and judge cases In Italy this judicial autonomy has led to dramatic assaults on political corruption In other cases similar conditions have contributed to it In short courts have become critical political actors Moreover courts offer a site of regular interaction between state institutions and social actors both individuals and groups Courts regularly mediate relations between state and society and courts regularly decide on the appropriate balance between substantive rights and state power in their particular country context This course analyzes the judiciary as a state institution in contexts around the globe It addresses the increasing participation of courts in decision making on critical political questions Many of the types of political questions that courts have addressed have centered on rights issues or in other ways on questions of the appropriate relationship between state institutions and societycitizenscommunitiesindividuals As such in addition to studyingjudicial processes we will analyze con icts and tensions between the judiciary and other state institutions as well as varying ways in which social and judicial actors interact The course is primarily a comparative course but it includes the United States as a case using American literature that has had a great in uence on the way that both Americanists and comparativists study law and courts Grade Distribution 10 Participation 10 Presentations in class 30 Abstracts 8 50 Term paper bibliographical essay or research paper 5 First Draft of Term Paper 3 pages and Presentation of Preliminary Research 10 Second Draft ofTerm Paper 5710 pages 5 Peer Reviews 30 Final Term Paper 2025 pages Participation As this is a seminar it will require a high level of participation of all students You will need to come to class having read the readings for the day having prepared an abstract of the readings and be ready to talk about the arguments and evidence being presented in the readings Please come with a question or two about the readings as well Presentations You will be asked to present the readings for a day of class either once or twice In addition you will present your research or bibliographical essay in the last two weeks of class Abstracts Eight abstracts will be required In some cases that will mean addressing one author in other cases it will mean more than one When addressing one author the abstract should include one sentence stating the central argument of the article or book It should be followed by several sentences in which you explain the argument through three major pieces of evidence presented in support of that argument The abstract should be 577 xenteneex total please pay attention to the size constraint When addressing two or more pieces you will generally have one paragraph per piece which should be woven into an integrated comparative abstract about the pieces together We will talk more about how to do this in class The key is that the abstract should be integrated and each paragraph should be 577 sentences each Term Paper Drafts and Peer Reviews You may choose between a term paper that is a research paper or a bibliographical essay A research paper should incorporate at least eight works including articles from class in addition to outside readings Indeed the question driving the paper should come out ofa debate that we have discussed or read about in class Research papers should be approximately 20 pages A bibliographical essay should incorporate all of the readings from class as well as 375 additional readings on a central theoretical issue raised by our readings The bibliographical essay should be an integrated analysis ofhow all of these readings are grouped together in response to a central theoretical question in the literature and should be 1215 pages You will submit three drafts ofyour term paper and you will present it to the class The first draft will be 3 pages the second 5710 pages and then you will submit the final draft On the second draft you will distribute your paper to everyone in class and each of you will write a review ofyour colleague39s papers which you will in turn submit to them and to me We will discuss in class the format and content of the peer reviews You will present your paper in the last two weeks of class For your peer review assignment you will be assigned to give comments on a few people s papers More directions will be given in class Texts 1 Tate and Vallinder The Global Expansion ofJnditialPouer NYU Press 1997 2 Lee Epstein andJack Knight The ClioieeJJthieexMaee CQ Press 1998 3 Russell and O39Brien eds Jnditial Independenee in tlieAge ofDeInoeraej University ofVirginia Press 2001 4 Kritzer and Silbey In Litigation Do the Haoex Still CoIne OntMead Stanford 2003 5 HerbertJacobs et al Conm Law andPolitim in Comparative Perspeetioe Yale 1996 6 Reader available at Orange and Blue Textbooks 309 NW 13th Street Gainesville FL 32601 Tel 3523752707 Reading Schedule Week I INTRODUCTIONS Week II JUDICIAL POLITICS AND JUDICIAL POWER 7 INTRODUCTORY ISSUES Aharon Barak A Judge on Judging The Role of a Supreme Court in a Democracy 2002 in JSTOR Week III Week IV Week V Week VI Week VII Week VIII Week IX Week X Week XI Week XII Week XIII Week XIV Week XI Martin Shapiro Judicialization of Politics in the US 1994 inJSTOR Stephen Breyer Pro sperity and a Strong Judiciary 1998 inJSTOR STUDYING LAW AND SOCIETY EP Thompson Capitalism and the Rule of Law Durkheim Mechanical Solidarity or Solidary by Similarities Bourdieu The Force of Law Toward a Sociology of the Juridical Field O Donnell Democracy Law and Comparative Politics Stuart Scheingold The Politics of Rights chapter 2 Rosenberg The Hollow Hope chapter 1 Bourdieu Rethinking the State COURTS AND POLITICS A Shapiro Prototype of Courts JUDICIALIZATION OF POLITICS two to three weeks Tate and Vallinder selections Tate and Vallinder selections Russell and O Brien selections Russell and O Brien selections JUDGES AND JUDGING Epstein and Knight text Helmke The Logic of Strategic Defection 2002 in JSTOR Revisit Baralg and Breyer 1998 COURTS AND POLITICS B Jacobs et Al selections Jacobs et Al selections Santos The Law of the Oppressed The Construction and Reproduction of Legality in Pasargada 1977 in JSTOR read section III LAW AND SOCIAL MOVEMENTS Kritzer and Silbey selections Woods and Barclay JUDICIAL POWER Woods selections Hirschl Israel39s 39Constitutional Revolution39 The Legal Interpretation of Entrenched Civil Liberties in an Emerging NeoiLiberal Economic Order 1998 in JSTOR Ginsburg Dismantling the HDevelopmental State Administrative Procedure Reform in Japan and Korea 2001 in JSTOR NO CLASS 7 THANKSGIVING Hilbink Chavez The Construction of the Rule of Law in Argentina A Tale of Two Provinces 2003 inJSTOR


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