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UMD GVPT 231 - Syllabus

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University of Maryland Government and Politics 231 Law and Society Spring 2006 Monday and Wednesday 2-2:50pm Instructor: Kevin J. Fandl, Esq. Office: 1140D Tydings Hall Email: [email protected] Office Hours: Monday and Wednesday 1-2pm Teaching Assistants: Jamila Smith and Diana Boros Brief Course Description: This introductory survey course will examine the impact, influence and importance of the law on several facets of society. It will provide students with practical insights into the role that law plays in determining social interactions, from human and civil rights to foreign affairs and immigration. The focus will be on understanding the interdisciplinary nature of the law and its broad application to our lives. Required Texts: Stewart Macaulay, Lawrence M. Friedman and John Stookey, Law & Society Reader: Readings on the Social Study of Law (Hereinafter referred to as LSR), 1995. Steven Vago, Law and Society (Eighth Edition) (Hereinafter referred to as Vago), 2005. Course Packet (Hereinafter referred to as CP). Recommended Texts: Jonathan Harr, A Civil Action, 1996. Anthony Anghie, Imperialism, Sovereignty and the Making of International Law, 2005. Gerald N. Rosenberg, The Hollow Hope: Can Courts Bring About Social Change?, 1993. Course Requirements: Participation in this course is crucial to obtain a passing grade. Information about written assignments and exams, as well as random quizzes will be provided. No make-up opportunities are available without a valid and dire emergency that is properly certified.  Participation (Quizzes, Homework, Attendance) 15%  Short Paper 15% 1 Mid-term Examination 20%  Research Paper (draft 5%, final 25%) 30%  Final Examination 20% Short Paper This paper requires you to view a film that addresses a legal topic and to analyze that film based on one of the modules discussed in the class. You may use any of the films that we watch in the class, or you may select a film independently to view, presuming that it is of a legal topic (if you have any doubts, email me with the title and a short description of the film). Your analysis should include legal concepts and/or references to authors discussed in class. The paper should be between 5 and 7 pages, double-spaced, and must be handed in during class on May 10. No extensions will be granted. Research Paper This is a rigorous test of your ability to comprehend and use legal reasoning to analyze one of the cross-disciplinary topics of law and society. You will select the topic and send me your research question by email no later than February 22 for approval. Topics may include a combination of law and any other social discipline. Your goal is to identify an interesting or controversial aspect of an area of law and society and to analyze it using sources from your readings and from outside research. You must include at least 15 different sources in your paper. A complete draft of this paper is due on March 15 in class. The final submission must be between 15 and 20 pages, including footnotes (not endnotes), double-spaced. Turn a hard copy in during class on May 15. No extensions will be granted. Plagiarism Plagiarism, according to the University of Maryland Code of Academic Integrity, is "intentionally or knowingly representing the words or ideas of another as one's own in any academic exercise." Examples of acts that would be defined as plagiarism are: • Copying word for word and failing to cite the source • Summarizing or paraphrasing someone else's words or ideas and failing to cite the source • Reproducing the organization or structure of another person's work and failing to cite it • Any other act in which someone presents someone else's intellectual material as their own, whether it involves graphics, code, data, charts, etc. Plagiarism is a serious act of academic dishonesty which is not taken lightly at this University. For more information on plagiarism at the University of Maryland, visit this web site: http://www.lib.umd.edu/UES/plag_stud_what.html. Course Schedule and Readings: 2Readings must be completed before the day of the scheduled class. Random quizzes may include material from the readings for that day. MODULE I: Introduction to Legal Thinking and Practice Wednesday January 25 Historical foundations of legal thought Readings: • Plato, The Republic, Introduction, in CP. • Introduction, in Vago pp. 1-30 Monday January 30 The structure of courts Readings: • “The Legal System as a Social System: Structure, Rules and Roles”, in LSR, 659-689 • Courts, in Vago, pp. 86-116. Wednesday February 1 Introduction to international law Readings: • Antony Anghie, Imperialism, Sovereignty and the Making of International Law, pp. 1-12 and 196-235, in CP. MODULE II: Legal Rationality Monday February 6 Deterrence and legal sanctions Readings: • “Why Do People Obey the Law: The Role of Sanctions”, in LSR, 417-444. • Social Controls (Informal and Formal), in Vago, 197-217. Wednesday February 8 Legitimacy of authority/ Review of Research Techniques Readings: • “The Role of Legitimacy and General Respect for Authority: Why People Obey the Law”, in LSR, 474-488. Monday February 13 State sanctions and sovereign immunity Readings: • Matthew J. Peed, Blacklisting as a Foreign Policy: The Politics and Law of Listing Terror States, 54 Duke L.J. 1321 (2005), in CP. • Video: “Paying the Price: Killing the Children of Iraq” (2000). MODULE III: Achieving Justice Through the Law Wednesday February 15 Law and Order Readings: • Richard D. Schwartz, Social Factors in the Development of Legal Control: A Case Study of Two Israeli Settlements, 63 Yale L. J. 471-91 (1954), in CP. • Max Rheinstein, “Max Weber on Law in Economy and Society”, in LSR, 185-207. 3Monday February 20 Law and Social Change Readings: • Lawrence M. Friedman and Jack Ladinsky, “Social Change and the Law of Industrial Accidents”, in LSR, 211-232. • Upton Sinclair, “The Jungle, and the Background of the First Food and Drug Act, 1906”, in LSR, 233-236. • Law as an Instrument of Social Change, in Vago, pp. 322-328. • Video Presentation: Excerpts from A Civil Action. Wednesday February 22 What makes a social movement a success? Readings: • Marc Galanter, Why the ‘Haves’ Come Out Ahead: Speculations on the Limits


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