Civil Liberties POLS 352
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This 6 page Class Notes was uploaded by Walter Ledner DVM on Saturday October 3, 2015. The Class Notes belongs to POLS 352 at Boise State University taught by Lori Hausegger in Fall. Since its upload, it has received 26 views. For similar materials see /class/218014/pols-352-boise-state-university in Political Science at Boise State University.
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Date Created: 10/03/15
CIVIL LIBERTIES Political Science 352 Section 001 Spring 2009 Dr Hausegger Office PAAW 126A lorihauseggerboisestateedu Phone 426 5804 Office Hours Tu Th 10301130 AM Tues 135235PM and by appointment This is a course on civil liberties in the United States focusing on decisions made in the area by the US Supreme Court We will review the rulings of the judiciary on such issues as freedom of speech freedom of the press privacy equality and the rights of criminal defendants We will not only look at how cases are decided by the Court but will also try to explain those decisions and explore their impact on citizens and other policy makers LEARNING OBJECTIVESOUTCOMES One objective of this course is to make you familiar with court decisions in various issue areas and to help you gain a complete understanding of those decisions At the end of this course you should be able to trace the line of case development in various civil liberty issues understanding both the path of doctrine and the state of precedent today Perhaps more importantly however this course is designed to help you develop analytical skills for determining the significance of cases the importance of various in uences on the justices decisions and the impact of those decisions on Americans and their institutions REQUIRED READING Lee Epstein and Thomas Walker 2007 Constitutional Law for a Changing America Rights Liberties analJustice 63911 ed Washington DC CQ Press Various handouts that will be provided throughout the quarter The lecture and reading materials are meant to complement NOT duplicate each other Thus some of what you read will not be discussed in class and some ofthe cases discussed in class will not appear in your readings You will be responsible for material covered in class and the reading the exams will cover material from BOTH lecture and readings For the assigned pages you should know the cases listed on the svllabus in great detail However these are NOT the onlv cases vou need to know Cases which appear within the assigned pages or in lecture are also your responsibility You must understand the ultimate decisions in these cases and their place as part of a line of case development COURSE REQUIREMENTS First Exam 21 February 19 2009 Second Exam 22 April 2 2009 Moot Court Paper 22 April 23 2009 in class Final Exam 24 May 14 2009 810AM Quizzes 6 Weekly ParticipationMoot Court Exercise 5 In addition to taking the exams and quizzes and turning in the written assignments students are required to read the assigned pages to be prepared for discussion and to attend class on time and for the duration of the class GRADING SCALE A 94 and above C 7476 A 9093 C 7073 B 8789 D 6769 B 8486 D 6466 B 8083 D 6063 C 7779 F 59 and below Exams The exams will consist of multiple choice short answer and essay questions and will cover material from both lecture and readings They will not be cumulative exams I will only make special arrangements for students who miss an exam for a compelling reason serious illness family crisis etc and who notify me and receive my permission PRIOR to the exam or in the case of emergency as soon as possible Documentation will be required If you do not meet these conditions you will earn a zero If you do meet these conditions an ALL ESSAY MAKEUP exam will be administered Mock Court Paper A separate handout will be distributed describing this assignment and its requirements Students will choose between acting as a justice counsel amicus curiae or a law clerk for a hypothetical case Students will be responsible for writing a 12 15 page brief or opinion depending on their role Preliminary steps to the paper will be due throughout the semester to make sure you are on the right track The paper will be due in class and late papers will be penalized Quizzes There will be a short pop quiz most weeks beginning the week of February 3rd These quizzes are meant to ensure that you keep up with the reading load so you will not be overwhelmed when studying for the three exams The date of these quizzes will not be preannounced and NO MAKEUPS will be available no matter how good the excuse If you come late to class you will NOT be given extra time to nish the quiz However vour two lowest grades on the quizzes will be dropped when calculating your nal grade Class Attendance Participation Students should regularly both attend class and participate in class discussion Students must contribute either in class or in written form signi cantly each week in order to get the full points and ful ll the requirements for an A in the course For those choosing to be justices or counsel in the mock court exercise your oral questions in the case of justices or oral arguments in the case of counsel will count towards your participation grade For those choosing to take the quieter roles of amicus and law clerks you will need to track down one legal story each week of the semester beginning February 3rd and write up a brief analysis of what you are reading a paragraph will be enough Findlawcom is one possible source for legal news 7 it compiles stories from various levels of court Take your participation grade seriously as it will make the difference between an A and a B in the class Extra Credit There will be extra credit opportunities that will require attendance at academic talks from April 610th Students will receive credit if they attend a talk and hand in a short writeup of the speaker s presentation More information on this opportunity will be given closer to the event Events will occur both during the day and in the evening so keep your calendar as open as possible ACADEMIC HONESTY All of the work you do in this course is expected to be your own Absolutely no cheating or plagiarism using someone else s words or ideas without proper citation will be tolerated Any cases of cheating or plagiarism will be reported to the Dean of Students and handled according to university policy Please refer to httpwww7 39 39 39 TOPICS AND TENTATIVE SCHEDULE OF READINGS Jan 2027 Introduction to the course and to the Supreme Court Handout Introduction to the Supreme Court The Legal Framework of Civil Liberties Policy Jan 27Feb 5th Constitutional Protections of Civil Liberties Text pp7l92 Barron v Baltimore 1833 Hurtado v California 1884 Palko v Connecticut 193 7 Duncan v Louisiana 1968 First Amendment Freedoms Freedom of Religion Feb 510 Feb1217 Feb 19 Free Exercise Clause Text pp99138 Reynolds v US 1879 C antwell v Connecticut 1940 Sherbert v Verner 1963 Wisconsin v Y oder 1972 Employment Division v Smith 1990 City ofBoerne v Flores 1997 Recent Cases Establishment Clause Text pp 138209 FIRST EXAM Everson v Board of Education 1947 Lemon v KurtzmarEarley v DiCenso 1971 Zelman v Simmons Harris 2002 Edwards v Aguillard 1987 Wallace v Ja ree Lee v Weisman 1992 Santa Fe 1ndep School District v Doe 2000 McCreary County Ky v ACLU ofKY 2005 Van Orden v Perry 2005 Recent cases First Amendment Freedoms Freedom of Expression Feb 24March 10 March 12 National Security Public Speech and Protest Text pp 244286 United States v O Brien 1968 Tinker v Des M oines 1969 Texas v Johnson 1989 C haplinsky v New Hampshire 1942 Cohen v California 1971 RA V v St Paul 1992 Wisconsin v Mitchell 1993 Recent Cases Freedom of the Press Text pp 314345 Near v Minnesota 1931 New York Times v United States 1971 H azelwood School District v Kuhlmeier 1988 Branzburg v Hayes 1972 March 17 Obscenity Text pp347380 Roth v United States 1957 Miller v California 1973 New York v F erber 1982 Recent 1nternet Cases 2002 2004 Privacy March 19April 7 Text pp 412470 Griswold v Connecticut 1965 Roe v Wade 1973 Planned Parenthood v Casey 1992 Recent Cases Bowers v H ardwick 1986 Lawrence v Texas 2003 C ruzan v Director Miss Dept of H ealth 1990 Gonzales v Oregon 2006 March 2426 SPRING BREAK 7 NO CLASSES April 2 SECOND EXAM Eg uality April 9 General Issues Text pp 617625 April 1416 Race Discrimination Text pp 626646 Plessy v Ferguson 1896 Sweatt v Painter 1950 Brown v Board ofEducation 1 1954 Brown v Board ofEducation 11 1955 Aftermath of Brown and recent cases April 21 Gender Discrimination Text pp 660686 Reed v Reed 1971 Mississippi University of Women v Hogan 1982 United States v Virginia 1996 Rostker v Goldberg 1981 TuanAnh Nguyen v 1NS 2001 April 23 Remedies Af rmative Action Text pp 706735 University of California v Bakke 1978 Grutter v Bollinger Gratz v Bollinger 2003 Recent cases April 23 MOCK SUPREME COURT PAPER DUE April 28 MOCK SUPREME COURT EXERCISE Rights of Criminal Defendants April 30 May 5 Search and Seizure and the Exclusionary Rule Text pp 481526 Illinois v Gates 1983 Katz v United States 1967 Mapp v Ohio 1961 US v Leon 1984 Recent cases May 7 Self lncrimination Text 526547 Escobedo v Illinois 1964 Miranda v Arizona 1966 Dickerson v United States 2000 May 7 Right to Counsel Text 549560 Powell v Alabama 1932 Gideon v Wainwright 1963 May 14 FINAL EXAM 8 10AM You can find more information on these cases through the web using the US Reports or through Westlaw 7 available on the BSU Library Homepage At the library homepage click on Article Indexes and Databases then select Westlaw from the list of choices In Westlaw you can search for a case using its citation or name in the case database clicking on either all federal cases or Supreme Court cases after 1944 You can also access the cases through Findlaw at 1 httpWWW findlaw html Or at httpwwwlawcomelledusupct then hit search from the left menu
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