Paik, 1 GVPT 331: Law and Society Spring 2010 Class Hours: Mon. & Wed. 11:00am-12:15pm Classroom: III-4206 Instructor: Sung-Wook Paik Office: III-5101 Office Hours: Mon. & Wed. 10:00am-10:50am and By Appointment E-mail: [email protected] Course Description This course is a general introduction to law and the legal system of the United States. The course is organized into four parts. The first is an introduction to basic legal concepts such as the nature, sources, and function of law. There is, however, a critical element in learning these concepts as the readings will offer alternative (namely, political) understandings that revisit popular preconception about law and courts. The second part will examine the evolution of the judicial function in American constitutional development. A common error today is to equate judicial review with judicial supremacy. As we shall see, the expansion of judicial power is better understood as a result of a long historical process involving incremental political change rather than something that was firmly established from the founding. The third part will consider two extreme cases where the Supreme Court is considered to have demonstrated its very best and very worst judgment: Dred Scott v. Sanford and Brown v. Board of Education. The inquiry driving the analyses of these case studies is whether courts can bring about social change. By understanding the complex political and social context in which these cases were decided, students will gain a richer outlook on the court’s actual capacity for broad reform. Finally, the course will come to a close with a very basic consideration in jurisprudence as well as in our everyday lives, namely our reasons for expressing fidelity and obedience to law. By the end of this course, students will have gained a better understanding than most individuals of American law, and of its role in supporting, shaping and responding to social order in the United States. Your mastery of basic legal concepts, cases and enactments will enable you to read, understand, analyze, argue and act more effectively as a citizen, scholar, and educated professional. Required Texts There are two required texts for the course which are available for purchase at the Shady Grove campus bookstore. These will also be placed on reserve at the Shady Grove library. Mark Graber, Dred Scott and the Problem of Constitutional Evil (Cambridge University Press, ISBN-13: 978-0521728577) Michael Klarman, Brown v. Board of Education and the Civil Rights Movement (Oxford University Press, ISBN-13: 978-0195307634)Paik, 2 A significant number of the required readings (marked [ELMS] in the course outline below) will be available in electronic format on Blackboard at: http://bb.shadygrove.umd.edu/. Students are responsible to check the syllabus prior to class and read the assignment for that class/week in accordance with the class schedule. Course Requirements and Grading Standards The final grade will be determined by the following distribution: Class participation 10% Quizzes 15% Midterm Exam 25% Book Review 20% Final Exam 30% Class participation (10%): Students are expected to attend class regularly, do the reading carefully in advance, and participate responsibly during class discussions. Given the size of this course, every class session will most likely be a mixture of lecture and interactive discussion. Active participation will thus entail frequent and thoughtful contributions to the class discussions. Pop-Quizzes (15%): As an incentive to come to class and read more carefully, there will be four pop-quizzes—that is, surprise, unannounced quizzes. These quizzes will ask very basic questions intended to simply test your comprehension of the reading material assigned for that day. Your response will be evaluated on the basis of whether you provide an accurate description of the text with an attention to detail. Each quiz is worth 5% of your course grade for a total of 15%. (Quizzes will be graded according to the following formula: A=5, B=4.2, C=3.4, D=2.6, F=0; No plus or minus on the quizzes.) Students who have taken all four quizzes will be able to drop their lowest quiz grade. Alternatively, you may choose to take a ‘free pass’ on one of the four quizzes in case of an unexcused absence. As a general policy, “make-up” quizzes WILL NOT be offered unless the student can present official documentation regarding a legitimate excuse recognized by University policy. Book Review (20%): The book review will consist of a 5-7 page critical analysis of one of the two required books with a specific focus on the role and effect of law on society (and/or vice versa). Alternatively, students may choose a different book from a list that will be posted on ELMS no later than the end of the third week. Details for the assignment (such as, format) will be discussed in greater length during class as we approach the deadline. This assignment is due Friday, April 30. Midterm (25%) and Final Exams (30%): The mid-term and final exams will test your understanding of and ability to analyze material from the reading assignments and lectures. Both exams will be a combination of short answers along with one or two short essay(s). The short answer portion will be straightforward and will consist of multiplePaik, 3 questions regarding the reading assignments and lectures. For the essay portion, be prepared to write a clear, concise, and well-supported response to challenging questions that require thought and analysis. The midterm will be held on Wednesday, March 10 and the final will be held on Monday, May 10. Your course grade will be assessed on an absolute scale according to which: 90-100=A, 80-89=B, 70-79=C, 60-69=D, 0-59=F. There will be NO CURVE. Other Issues and Policies 1. Academic Integrity: The University of Maryland has a nationally recognized Code of Academic Integrity, administered by the Student Honor Council. This Code sets standards for academic integrity for all undergraduate and graduate students. As a student you are responsible for upholding these standards for this course. Academic dishonesty will be treated