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1 University of Maryland Department of Government and Politics GVPT 331: Law and Society Spring 2010 Monday 2:00-3:40 p.m. Skinner 0200 Instructor: Paul Mandell Department of Government and Politics Office: 1140D Tydings Hall E-mail: [email protected] Phone: 240-479-9260 Office Hours: Mondays from 4:00-6:00 p.m. (and by appointment) Teaching Assistants: Seth Abrams Office: Tydings 5119 E-mail: [email protected] Office Hours: TBD Emilbek Dzhuraev Office: Tydings 5119 E-mail: [email protected] Office Hours: TBD Important Dates: First Paper Due: Thursday, 2/11/09 Second Paper Due: Thursday, 2/25/09 MIDTERM EXAM (in class): Monday, 3/8/09 Third Paper Due: Thursday, 4/8/09 Fourth Paper Due: Thursday, 4/22/09 Fifth Paper Due: Thursday, 5/6/09 FINAL EXAM (in class): Monday, 5/17/09 Course Description GVPT 331 is an introduction to the nature and function of laws governing life in the U.S. Students who complete the course successfully will have familiarity with some of the fundamental concepts underlying U.S. common law, as well as an understanding of the basis for and impact of judicial decisionmaking. While the course will provide a strong foundation for future law students, this class is designed to appeal to students who simply seek a greater understanding of the U.S. legal system and its many strengths and flaws. 2 In addition to learning about the law, students will develop improved writing skills, as well as the ability to “write like a lawyer.” By the end of the course, students should be able to draft a legal brief, conduct online legal research, and perform legal citation. This is a particularly demanding course that includes a heavy amount of reading, six writing assignments, and two exams. In addition, class attendance and participation are strongly encouraged. Those who invest the time and effort in success will inevitably benefit the most from the course. Course Materials Texts Helen S. Shapo et al., Writing and Analysis in the Law (5th ed. 2008). Cynthia L. Cates & Wayne V. McIntosh, Law and the Web of Society (2001). Cases Buck v. Bell, 274 U.S. 200 (1927). Byrne v. Van Tienhoven, [1880] 5 CPD 344. Carlill v. Carbolic Smokeball Co. [1892] EWCA Civ. 1. Chaplinsky v. New Hampshire, 315 U.S. 568 (1942). Cheek v. U.S., 498 U.S. 192 (1991). Church of the Lukumi Babalu Aye, Inc. v. Hialeah, 113 S.Ct. 2217 (1993). Hawkins v. McGee, 84 N.H. 114, 146 A. 641 (N.H. 1929). Hustler Magazine v. Falwell, 485 U.S. 46 (1988). Katco v. Briney, 183 N.W.2d 657 (Iowa 1971). Korematsu v. U.S., 323 U.S. 214 (1944). Palsgraf v. Long Island Railroad Co., 162 N.E. 99 (N.Y. 1928). People of the State of N.Y. v. Maher, 79 N.Y.2d 978 (1992). R. v. Dudley and Stephens [1884] 14 QBD 273 DC. Robinson v. California, 370 U.S. 660 (1962). Sherbert v. Verner, 374 U.S. 398 (1963). Stone v. Graham, 449 U.S. 39 (1980). Tilton v. Richardson, 403 U.S. 672 (1971). Vosberg v. Putney, 50 N.W. 403 (Wisc. 1891). Yania v. Bigan, 155 A.2d 343 (Penn. 1959). Course Outline Week 1: Monday, January 25, 2010 - Course Introduction - Introduction to the legal system and legal writing 3 Week 2: Monday, February 1, 2010 - The Criminal and Civil Processes Reading Assignment for Week 2: Law and the Web of Society, 56-81 (beginning with the first column of p. 56) Week 3: Monday, February 8, 2010 - Constitutional Law: Government interests and individual rights Reading Assignment for Week 3: Korematsu v. U.S., 323 U.S. 214 (1944) Buck v. Bell, 274 U.S. 200 (1927) Law and the Web of Society, 47-56 (through first column of p. 56) Writing and Analysis in the Law, 3-87 ***Writing Assignment 1: Due February 11, 2010. Week 4: Monday, February 15, 2010 - Constitutional Law: Free Exercise Reading Assignment for Week 4: Church of the Lukumi Babalu Aye, Inc. v. Hialeah, 113 S.Ct. 2217 (1993) Stone v. Graham, 449 U.S. 39 (1980) Tilton v. Richardson, 403 U.S. 672 (1971) Sherbert v. Verner, 374 U.S. 398 (1963) Writing and Analysis in the Law, 117-59 Week 5: Monday, February 22, 2010 - Torts: Duty and Breach Reading Assignment for Week 5: Katco v. Briney, 183 N.W.2d 657 (Iowa 1971) Yania v. Bigan, 155 A.2d 343 (Penn. 1959) Writing and Analysis in the Law, 161-91, 495-514 ***Writing Assignment 2: Due February 25, 2010. 4 Week 6: Monday, March 1, 2010 - Torts: Causation and Damages Reading Assignment for Week 6: Palsgraf v. Long Island Railroad Co., 162 N.E. 99 (N.Y. 1928) Vosberg v. Putney, 50 N.W. 403 (Wisc. 1891) Writing and Analysis in the Law, 193-208, 515-36 Week 7: Monday, March 8, 2010 MIDTERM EXAM No reading assignment Week 8: Monday, March 15, 2010 Spring Break: No Class Week 9: Monday, March 22, 2010 - Criminal Law: Actus reus and mens rea Reading Assignment for Week 9: Cheek v. U.S., 498 U.S. 192 (1991) Robinson v. California, 370 U.S. 660 (1962) Week 10: Monday, March 29, 2010 - Criminal Law: Concurrence and causation Reading Assignment for Week 10: Summers v. Tice, 199 P.2d 1 (1948) Writing and Analysis in the Law, 209-28 Week 11: Monday, April 5, 2010 - Criminal Law: Defenses Reading Assignment for Week 11: People of the State of N.Y. v. Maher, 79 N.Y.2d 978 (1992) R. v. Dudley and Stephens [1884] 14 QBD 273 DC 5 ***Writing Assignment 3: Due April 8, 2010 Week 12: Monday, April 12, 2010 - Contracts: Offer and acceptance and consideration Reading Assignment for Week 12: Carlill v. Carbolic Smokeball Co. [1892] EWCA Civ. 1 Byrne v. Van Tienhoven [1880] 5 CPD 344 Writing and Analysis in the Law, 229-49 Week 13: Monday, April 19, 2010 - Contracts: Defenses and damages Reading Assignment for Week 13: Hawkins v. McGee, 84 N.H. 114, 146 A. 641 (N.H. 1929) Writing and Analysis in the Law, 250-76 ***Writing Assignment 4: Due April 22, 2010 Week 14: Monday, April 26, 2010 - First Amendment: Free speech and privacy Reading Assignment for Week 14: Hustler Magazine v. Falwell, 485 U.S. 46 (1988) Chaplinsky v. New Hampshire, 315 U.S. 5 (1942) Law and the Web of Society, 129-44 Writing and Analysis in the Law, 277-96 Week 15: Monday, May 3, 2010 - Property: Real estate and personal property Reading Assignment for Class 15: Walling v. Przybylo, 851 N.E.2d 1167 (N.Y. 2006) Law and the Web of Society, 34-37 ***Writing Assignment 5: Due May 6, 2010 6 Week 16: Monday, May 10, 2010 - Exam Prep Week 17: Monday, May 17, 2010 FINAL EXAM Grade Determination for the Course Students in the course will be graded


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