Politics 115b
Spring 2010
Seminar in Constitutional Law and Theory
Legal Research Resources |
Federal & State Cases & Statutes
The United States Constitution
Hieros Gamos Guide to Civil Rights
Hieros Gamos Guide to Constitutional Law
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Constitutional Law Seminar On-line
Spring, 2010
CONSTITUTIONAL LAW SEMINAR
This seminar focuses upon the role of the Supreme Court and the way in which it has shaped our political system through different methods of judicial review.
The source text is Daniel A. Farber et al, Constitutional Law, 4th ed.. (Order text)
Students will be given individual case assignments for each class. Class discussions will revolve around cases students present. The text assignments will provide a common knowledge for the seminar, enabling all students to comment directly upon the cases individually presented.
Class discussion and participation will count for 60 percent of the grade. Class participation will include short papers students will write periodically on assigned cases and topics that they will present to the class. A major final paper will count for 40 percent of the grade.
Each week we will have a focus topic based upon cases and readings in the text. We will branch out from there as students will use web resources to do in depth examination and analysis or cases related to the focus topic.
1. Textualist Theory
2. Original Understanding
Robert H. Bork, The Tempting of America: The Political Seduction of the Law
John Hart Ely, Democracy and Distrust: A Theory of JudicialReview
Notes on Representation Reinforcement and
Public Choice Theory.
Problem 2-2: Representation-Reinforcing Judicial Review .
Note on Other Proceduralist Theories of Judicial Review
Note on the "Passive Virtues" and "Minimalist" Review.
1.Republican Theories: Translation and Constitutional Synthesis.
Bruce Ackerman, Constitutional Politics/Constitutional Law
Note on Constitutional Moments and Republican Synthesis
2. Radical Feminism and Critical Race Theory
Robin West, Constitultional Skepticism
Note on Constitutional Skepticism and Returning Constitutional Law to "The People"
3. Common Law and Pragmatic Theories.
Ernest Young, Rediscovering Conservatism: Burkean Political Theory and Constitutional Interpretation
Note on Pragmatism as Another Resource for Common Law Constitutionalism
James Bradley Thayer, John Marshall
Marbury v. Madison 96
Notes on Marbury and the Power of Judicial Review. 96
McCulloch v .Maryland 815
Notes on Constitutional Reasoning in McCulloch: Original Intent, Constitutional Structures
and Representation Reinforcement. 824
Cooperv.Aaron 101
Edwin Meese, III, The Law of the Constitution. 102
Are Other Government Officials Required To Follow the Supreme Court's Interpretation of the Constitution? 103
Focus: Freedom of Religion
Focus Cases to be Assigned Reynolds V. United States, 98 U.S. 145 (1878)
Cantwell V. Connecticut, 310 U.S. 296 (1941)
Minersville School District v. Gobitis, 310 U.S. 586 (1940)
West Virginia Board of Education v. Barnette, 319 U.S. 624
Braunfeld V. Brown, 366 U.S. 599 (1961)
Stansbury v. Marks
Notes on Stansbury
Wisconsinv. Yoder
Notes on Yoder and Religious Exemptions
Employment Division, Department of Human Resources v. Smith
Michael McConnell, Free Exercise Revisionism and the Smith Decision
Notes on Smith and Free Exercise
Church of the Lukumi Babalu Aye, Inc. v. Hialeah
City of Boerne v.Flores
1. Basic Premises
Everson v. Board of Education
Wallace v. Jaffree
Notes on Everson, Jaffree, and Establishment Clause Analysis
Lemon v. Kurtzman
2. Governmental Endorsement of Religion
County of Allegheny v. American Civil Liberties Union
Capitol Square Review and Advisory Board v. Pinette
Notes on Allegheny County and the Lemon Debate
Note on the School Prayer Cases
Lee v. Weisman
Notes on Weisman and Establishment Doctrine
Santa Fe Indep. School Dist. v. Doe.
Board of Education of Kiryas Joel Village School Dist.v.Grumet
3. Financial Support of Religious Programs.
Zelman v. Simmons-Harris
Notes on
Zelman
Rosenberger v. Rector and Visitors of the University of Virginia
Good News Club v. Milford Central School
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Note on the Original Understanding of Freedom of Speech 614
Masses Publishing Co. v. Patten 631
Schenck v. United States 665
Abrams v. United States 666
Texas v. Johnson 617
R.A.V. v. City of St. Paul 619
Notes on First Amendment Values Implicated in Johnson and R.A.V. 624
United States v. O'Brien 628
Note on the "Imperial" First Amendment 629
Problem 6-1: Drafting a Rule Regulating Law School Posters 630
Gitlow v. New York 637
Whitney v. California 669
Brandenburg v. Ohio 641
Notes on Brandenburg 642
New York Times Co. v. Sullivan 678
Gertz v.Robert Welch, Inc. 649
Hustler Magazine v. Falwell 649
Notes on New York Times and Libel Law 683
Notes on Post-New York Times Developments in Defamation Law 652
Bartnicki v. Vopper 657
Notes on Bartnicki 659
Problem 6-2: Free Speech versus Privacy 660
April 13 (students begin paper presentations)
Millerv.California 661
Paris Adult Theatre Iv. Slaton 664
Notes on Regulating Sexually Explicit Materials 665
Butler v. Regina 668
A Note on Feminist Anti-Pornography Theories 669
Problem 6-3: Feminist Anti-Pornography Ordinances 670
City of Renton v. Playtime Theatres, Inc. 671
Notes on Renton 674
Barnes v. Glen Theatre, Inc. 67
City of Erie v. Pap's A.M 676
1. The Fighting Words Exception, 677
Chaplinsky v.New Hampshire 677
Cohen v. California 677
Notes on Cohen and Offensive Speech 681
2. An Exception for Hate Speech? 682
Beauharnai sv.Illinois 682
Wisconsinv.Mitchell 683
Note on the Hate Speech Debate 684
Problem 6-4: University Regulation of Hate Speech 686
Problem 6-5: May the State Prohibit Sexually HarassingRemarks? 688
Near v .Minnesota 735
Shuttlesworth v. City of Birmingham 755
New York Times Co. v. United States 756
Problem 6-14: The H-Bomb Case 757
Madsen v. Women's Health Center, Inc. 757
Notes on Madsen 761
Bill Gates' Microsoft rule applies to this course: DO NOT use the telephone to contact Professor Woll unless there is an emergency. Just click your Mouse here!
