1. Content

This course will critically examine the role of law in American society. We will consider the nature and authority of law, how we ought to interpret what our law is and the relationship of law to different visions of morality and politics. In addition to considering different ideas about the role of law in American society, we will also consider the way in which these different schools feel about specific issues of individual freedom, equality and the role of the state in regulating behavior. While readings may include judicial opinions from time to time, the focus will be on the underlying conceptual and normative questions which shape our understanding of what the law is or what it ought to be in American society.

Three underlying questions will be continually addressed during the course of the semester

What is law?
How do we know what the law is?
Why should we take any notice of what the law says?

This course is designed not only to teach you the ideas of others but also to help you develop and present your own ideas. Class discussions will help you to articulate your thoughts on issues presented in the reading and to anticipate objections. The writing assignments are designed to help you learn to formulate your arguments clearly and concisely. Making the effort to state your meaning precisely in writing will help you in thinking through your arguments.

The specific learning objectives for the course, as articulated by the General Education Program are:

1. explore the diverse historical and philosophical traditions that have shaped the contemporary Western world
2. read and discuss fundamental texts from those traditions, situating the texts in their appropriate intellectual contexts
3. develop your ability to critically and comparatively reflect on religious and philosophical issues, in dialogue with others both past and present.

1. Active class participation: all students are expected to attend class regularly and to be prepared to discuss the reading. Students may be called upon to participate in class and no passing is permitted. Each student will be allowed 2 un-excused absences. Thereafter, each un-excused absence will reduce your final grade by one level (e.g. B+ to B). Excuses for absences will only be given for documented illness or deaths in the family. Study the class calendar carefully to make sure that you don't have any prior commitments that would preclude you from meeting these requirements. There may be several unannounced quizzes on the reading which will be counted towards the participation grade.

2. There will be an analytical paper assignment (approx 4-6 pages). You may revise it based on my substantive comments . Your paper will then be regraded and the new grade will replace the original grade if it is higher. The essay should be concise, neat (typed, double spaced), free of grammatical and spelling errors, and submitted on time. Use of a style manual such as William Strunk & E.B. White, The Elements of Style, is required.

3. There will be a midterm and a final exam.

4. Papers must be submitted on the dates specified on the syllabus. It is your responsibility to make sure that sudden emergencies do not prevent you from submitting it on time. Late papers will be marked downwards on the basis of 1 grade per day. Because you have the option to re write your paper for a new grade it is always in your interest to submit your paper on time even if the paper is not completed to your satisfaction. You may rewrite your paper for a higher grade but deductions for late submissions will also reduce your rewritten paper. While rewritten papers normally result in higher grades resubmitted papers that have not actually been rewritten will receive a lower grade than the original paper. Merely correcting typographical or spelling errors does not count as a re written paper. Students who want to rewrite their papers must meet with me first to discuss my comments and your ideas about the paper.

5. Tests must be taken on the scheduled dates. The date of the final exam is listed in the academic calander posted on the registrar's web page.. Please make sure you do not purchase any non-refundable tickets home or make any other plans that will take you out of town before that date. Exceptions will be made only in cases of documented illness. When such documentation is provided, the student will be excused from that exam and the final grade will be calculated from the other existing bases for evaluation.

4. Grading Exercises And Dates of Assignment

5. Standards

Grading standards are in part subjective and excellence in one area may compensate for deficiencies in another. No curve will be used to calculate the grades in this class. Hence, it is theoretically possible for every student to receive an A if he or she meets the standards for that grade. My primary goals are for each student to develop the critical thinking skills and to understand the ideas covered in this course by the time it is completed. If later exams and papers illustrate this proficiency, earlier grades which do not will be discounted. The following will give you a general guide to the typical performance associated with each letter grade.

A: all course requirements met, work shows full understanding of course material and an original perspective on the subject

B: all course requirements met, work shows full understanding of course material (or satisfactory understanding of course material and an original perspective on the subject)

C: all course requirements met, work shows satisfactory understanding of course material

D: work fails to meet minimum course requirements, either in full and timely completion of requirements or in satisfactory understanding of course material

F: work falls far below minimum course requirements either in full and timely completion of requirements or in satisfactory understanding of course material.

6. University and Classroom Standards

The American University's "Academic Integrity Code" governing standards for academic conduct apply. Students may discuss the subject matter of their essays with anyone. All students, however, must compose their own essays and may not show or read their essays to any other persons, except for proofreading or typing assistance by a person not enrolled or previously enrolled in the course. The use of another person's words or ideas without proper attribution constitutes plagiarism or false authorship. Both are serious academic offenses. By turning in an essay, a student is certifying that the essay is entirely his/her own work. If there are any questions about this matter, consult the Academic Integrity code or see the instructor.

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Freedom of expression is at the root of academic discourse and the advancement of knowledge. This course will deal with a wide range of topics, some of which may challenge a student's deeply held beliefs and perhaps even cause offense. While no topic will be censored simply because it has these effects, students are expected to treat the differing views of others with respect. While a tolerance towards the opinions of others does not preclude expressions of disagreement, which are, indeed, encouraged, it does require that these expressions be based on the content of the ideas expressed and not on the personal traits or values of the speaker. All class participants will be expected to tolerate the expression of opposing views and to engage in reasoned discourse about them.

I will endeavor to ensure that the classroom is free of any conduct that has the purpose or effect of creating an intimidating or hostile environment. Furthermore, I will attempt to give each student an opportunity to express his or her own opinions and to treat student opinions with respect. Any student who believes that he or she has not been given fair or adequate opportunity to contribute to class discussion is encouraged to bring this to my attention.

I am genuinely interested in student development and the generation of critical understanding of the issues addressed in this course. If you have any questions or problems and would like to discuss them with me, please call me, visit me during my office hours, or make an appointment to meet with me at a mutually convenient time and location. If problems arise that may affect your performance in this course (e.g. academic, health, family, or other personal matters), it is important that you bring these issues to my attention when they arise and not wait until they interfere with some class exercise such as a paper or an exam. I am eager to assist you in making this an interesting and beneficial educational experience.

Author/Case

Source

West

Burke

Sunstein

Dworkin

Legal Case

Legal Case

Legal Case

Legal Case

Brest --

Misconceived Quest For The Original Unicerstanding

Dworkin --

Tushnet

Levinson

Legal Case

Langdell

Field

Frank

Llewellyn

Altman

Posner

Economic Approach To Law

Legal Case

Lochner v. New York (1905)

Legal Case

US v. Carroll Towing

Gordon

Altman

Legal Case

Legal Case

Legal Case

West

Sherry

MacKinnon

JS Mill

On Liberty, Chapter 3

Sunstein

Speech in Welfare State

Dworkin

Pornography And Hate

Mackinnon

Only Words

Kristol

The Case For Censoship

Selected Cases On Free Speech

Texas v Johnsonn

National Socialist Party v. Skokie

American Booksellers v. Hudnut (7^th Cir.1986)

Locke

Arthur & Shaw, 438-443

Nozick

Anarchy State & Utopia

Honoré

ALC Anthology, Property Title

Legal Case

Korematsu v. United States (1944)

Marsh v. Alabama (1946)class website

Commodification

Dworkin, 145-161

In The Matter of Baby M

Arthur & Shaw, 476-484

Catch up And Review

United States Department of Justice Secret Memo Authorizing Torture