Unformatted text preview:

Legal Studies 397N Course Materials: Law and Public Policy --Legal Research Manual, 2nd ed., WrenFall, 2008 (at Jeffrey/Amherst bookstore annex) Professor Arons --Optional reading: Deployed:How Reservists Bear the Burden of Iraq. By Musheno and Ross--* materials on electronic reserve—password protected. You’ll need access to a computer & an <@student> OIT account.--**Class handoutsClass web page: http://www.umass.edu/legal/Arons/Fall2008/397N/index.htmTentative SyllabusWe will be examining a number of conflicts in which significant issues of public policy and social ethics are ruled upon by the courts. The Constitution figures prominently in many of these conflicts; so theyinvolve fundamental legal principles and become public issues of great cultural importance. A significant underlying theme of our work will be the exploration of ways in which the rulings of constitutional courts shape, limit and drive the making of public policy.Another theme will concern the importance of judicial independence in a constitutional democracy. This is becoming a pivotal part of sustaining democracy at home and abroad. We will also spend a small amount of time reflecting on the decision-making process of the Supreme Court during an abortion case, the way in which electoral politics affected the shift from the draft to an all-volunteer force in the 1970’s, and the effect of political pressure groups on the carrying out of a court decision in an end-of-life case.Powerful political and ideological forces are arrayed on all sides of the issues that we will be examining. But at the same time, most of these issues arise from real conflicts in the lives of individual human beings struggling to live, and in some cases to die, as best they can. One aim of the course will be todevelop an understanding of the personal dimensions of these conflicts along with their cultural and constitutional significance. Understanding the role of constitutional law in the making of public policy will also require examining the perspectives of other disciplines, such as those of the social sciences, medicine and humanities. Although this is not primarily a research course, it does view the development and use of basic library research skills as contributing to informed and constructive discussion of public policy issues. Theseskills are especially important at a time in which electronic media and the quest for political power increasingly seem to degrade the quality of public discourse. Instruction in the rudiments of legal research and in library research in social sciences and humanities will, therefore, be part of the course. You will be required to attend a research instruction hour in the DuBois Library. Each of you will have research assignments that allow you to practice these skills and to contribute varying perspectives to class discussions, to your memo writing assignment and to the longer, research paper required in the course. The class will be run as a series of discussions. Lectures will be rare. Participation in all aspects ofthe course, which absolutely requires careful preparation in advance of class, will be very important. But because these conflicts are often very heated, it will be more important to participate constructively and thoughtfully than simply to participate frequently or insistently. I will try to create an atmosphere conduciveto open and frank discussion; but this is a two-way street. It will be necessary for you to help create a tone of open inquiry and honest debate, and to speak to me privately in office hours, by email or after class if 1you have suggestions about or problems with the discussions. I will be trying to help you to develop a clear understanding of all sides of the issues to be studied, a respect for facts and for scholarship, a reasoned defense of your own conclusions, an appreciation for the logic and power of constitutional law as well as its limitations in these areas, and a heightened sensitivity tothe ethical dimensions of public policy issues. As you will see, there is considerable reading and other work required for this course. I believe that this is necessary for the course to succeed; but you will find that I have sufficient flexibility about our schedule so that a reasonable effort on your part will gain you the opportunity to turn in your best work without undue stress or unreasonable demands from me. The semester will be divided as follows: I: An introduction to the basic tools and methods of legal research and of gaining access to the literature of other disciplines, with instruction in class and at the library.II, III, IV: Three substantive topics in which constitutional law is central to defining the reach of individual liberty: II. Reproductive Freedoms. III. Conscientious Objection, sharing the burdens of the Iraq war, and the Establishment of a Military and National Service Draft. IV.The Right of terminally-ill persons to Refuse Medical Treatment and to Receive Palliative Care. Each of these topics will end with a discussionof a current issue of public policy. There are various technical arrangements (signing up for library instruction, assignment of policy memos, review of your research exercise, nature of the quizzes) that will be explained and worked through in the first two classes of the semester.Structure/Grading:Near the beginning of the course we will divide the class into two equal groups. One group will write its five-page policy memo on topic II, Reproductive Freedom. The other group will write its five-pagepolicy memo on topic III, Conscientious Objection the burden of Iraq, and Re-instatement of the Military Draft and National Service. Every student will write an 8-10 page research paper on the final topic. The final paper will be due during finals week. Every student will take the two “quizzes” of twenty questions each given at the end of section II and III. There will be no final quiz or exam. The breakdown of grading will be as follows:1)—One policy memo (5 p.) on Reproductive Freedom or on the Draft—25%.2)—Two quizzes of twenty questions—each worth 15% each toward your grade. 3)—One longer paper (8-10p.), requiring research— 30%.4)—Participation, in class, by email, in response to class questions, in office hours, after class—worth 15%. 5)—Two un-graded research exercises due during the discussion of the relevant topic—not graded for substance, but failure to turn in work on time will cost as much


View Full Document

UMass Amherst LEGAL 397N - LEGAL 397N Tentative Syllabus

Download LEGAL 397N Tentative Syllabus
Our administrator received your request to download this document. We will send you the file to your email shortly.
Loading Unlocking...
Login

Join to view LEGAL 397N Tentative Syllabus and access 3M+ class-specific study document.

or
We will never post anything without your permission.
Don't have an account?
Sign Up

Join to view LEGAL 397N Tentative Syllabus 2 2 and access 3M+ class-specific study document.

or

By creating an account you agree to our Privacy Policy and Terms Of Use

Already a member?