Monday, July 29, 2019

POSC 3231: Judicial Politics


This course provides an introduction to the study of law and courts as political institutions and judges as political actors. Topics include judicial behavior and policymaking, the politics of selecting judges, the role of public opinion in shaping judicial doctrine, and the impact of courts on society. The primary institutional focus is the U.S. Supreme Court, but we also study other courts, including the state supreme courts and lower federal courts. Because this is an American Pluralism course, a major objective is to increase knowledge of how reform groups have used the courts to combat discrimination based on race, sex, and sexual orientation. As a Methods-Intensive course, it is also designed to familiarize you with methods of conducting research about the courts.


Fall 2019

Required Texts:

Hume, Robert J. 2018. Judicial Behavior and Policymaking: An Introduction. Lanham, MD: Rowman & Littlefield.

O’Brien, David M. 2017. Storm Center: The Supreme Court in American Politics. Eleventh Edition. New York, NY: W.W. Norton & Company.

Rosenberg, Gerald N. 2008. The Hollow Hope: Can Courts Bring About Social Change? Second Edition. Chicago, IL: University of Chicago Press.

Discussion Board Posts:

Due on 9/3, 9/10, 9/24, 10/11, 10/29, 11/12, and 11/19, as indicated by a (*).

Module I: Introduction Courts of Law or Justice?

What is the proper role of courts in American society? Reform groups routinely turn to courts to address public policy problems, shaping policy on the subject of race, ethnicity, class, religion, gender, or sexual orientation. However, there has been much debate over the appropriateness of judges assuming this role. Empirically, it is also unclear whether judges are effective policymakers. We begin the course by engaging these debates, taking a closer look at the range of things that judges do in the legal system.

Unit 1: The Supreme Court as a National Policymaker       

8/30          Introduction

9/3*          Judges as Policymakers: Hume, Chapter 1

Unit 2: Behind the Scenes at the U.S. Supreme Court

9/6             The Supreme Court in American Politics: O’Brien, Chapters 1 & 3

9/10*        Deciding Cases and Writing Opinions: O’Brien, Chapter 5

Module II: Theories of Judicial Behavior

The conventional wisdom is that judges decide cases based on an objective application of legal principles to the facts of disputes. However, there is considerable evidence that judicial behavior is influenced by the ideology of judges, their personal background characteristics, and their other experiences. This unit of the course explores the theoretical arguments and evidence for different models of judicial behavior and discusses their normative implications.

Unit 3: The Attitudinal Model

9/13          Overview of the Attitudinal Model: Hume, Chapter 2: pp. 33-44; 60-63 (Holmes, “The Path of the Law”)

9/17          Evidence for the Attitudinal Model I: Hume, Chapter 2, pp. 44-53; Blackboard (Segal & Spaeth, Part I: 86-97; 312-327)

9/20          Evidence for the Attitudinal Model II: Blackboard (Segal & Spaeth, Part II: 357-81)

Unit 4: Social Background Theory

9/24*        Social Background Theory – Hume, Chapter 2, pp. 54-56; Blackboard (Tate, “Personal Attribute Models of the Voting Behavior of U.S. Supreme Court Justices”)

9/27          Gender and Judging – Blackboard (Davis, Haire, & Songer, “Voting Behavior and Gender on the U.S. Courts of Appeals”; Glynn & Sen, “Identifying Judicial Empathy: Does Having Daughters Cause Judges to Rule for Women’s Issues?”)

10/1          Race and Judging: – Hume, Chapter 2, pp. 63-68 (Schuette v. Coalition to Defend Affirmative Action); Blackboard (Kastellec, “Racial Diversity and Judicial Influence on Appellate Courts”; Sen, “Is Justice Really Blind? Race and Reversal in the US Courts”)

            Unit 5: The Legal Model

10/4          Overview of the Legal Model: Hume, Chapter 3: pp. 69-73, 95-98 (Kozinski, “What I Ate for Breakfast and Other Mysteries of Judicial Decision Making”)

10/8          Evidence for the Legal Model I: Hume, Chapter 3: pp. 73-80, 99-102 (Planned Parenthood v. Casey; Blackboard (Segal & Spaeth, Part III:)

10/11*      Evidence for the Legal Model II: Hume, Chapter 3: pp. 80-90. Blackboard (Lindquist & Klein, “The Influence of Jurisprudential Considerations on Supreme Court Decisionmaking”)

10/15        Midterm Exam

            Unit 6: The Strategic Model

10/18        Overview of the Strategic Model: Hume, Chapter 4: pp. 103-107; 129-133 (Baker v. Vermont), 133-136 (Amestoy, “Pragmatic Constitutionalism”)

10/22        Internal Strategies: Hume, Chapter 4: pp. 107-116, 120-123; Blackboard (Wahlbeck, Spriggs, and Maltzman, “Marshalling the Court”)

10/25        Separation-of-Powers Models: Hume, Chapter 4: pp. 116-120; Blackboard (Segal, Westerland, and Lindquist, “Congress, the Supreme Court, and Judicial Review”)

·      Assignment 1 Due on 10/25

Module III: Courts and the American Public
           
To what extent are courts responsive to public opinion? In many states, the people elect judges, but research suggests that even appointed judges might be responsive to changes in public opinion. This research is divided, however, over whether appointed judges respond directly to shifts in the public mood or they respond indirectly through the appointment process. Still other research suggests that the influence of the public on judging is not uniform—the “haves” possess certain structural advantages in the American legal system that ensure that their interests are more likely to be reflected in the development of law and policy. We examine evidence about the relationship between courts and the American public and discuss whether the effective assistance of counsel has the potential to improve conditions for “have nots.”

Unit 7: Selecting and Retaining Judges                    

10/29*      Judicial Selection and Retention: Overview – Hume, Chapter 5

11/1          Supreme Court Confirmation – O’Brien, Chapter 2

Unit 8: The Direct Impact of Public Opinion

11/5          The Direct Influence of Public Opinion – Hume, Chapter 6: pp. 171-180, 192-196 (Roper v. Simmons)

11/8          Haves v. Have Nots – Hume, pp. 180-184; Blackboard (Galanter, “Why the ‘Haves’ Come Out Ahead”)

·      Assignment 2 Due on 11/8

11/12*      Litigants and Lawyers – Hume, pp. 184-187, 196-199 (Padilla v. Kentucky); Blackboard (McGuire, “Repeat Players in the Supreme Court”)

Module IV: The Impact of Courts

Can courts be effective agents of social change? Reform groups have frequently turned to courts to protect minority rights, but skeptics doubt that courts can produce needed change without support from the other branches—or the public. We will study the impact of courts by looking at how judges have influenced social policy in several highly salient issue areas. Of particular interest is how the institutional design of courts influences the potential for judges to act as reform agents, especially in state judicial systems.

Unit 9: The Dynamic Court Model

11/15        The Dynamic Court Model – Hume, Chapter 7: pp. 201-209, 225-227 (Federalist 78), 227-228 (Brown II); skim O’Brien, Chapter 6
                 
Unit 10: The Constrained Court Model

11/19*      The Constrained Court Model – Hume, Chapter 7: pp. 209-14, Rosenberg, pp. 1-36
11/22        The Impact of Brown – Rosenberg, pp. 39-71; 107-156
·      Assignment 3 Due on 11/22
11/26        The Impact of Roe – Rosenberg, pp. 173-201; 228-246

Unit 11: Other Theories of Judicial Impact

12/3          The Backlash Thesis – Hume, Chapter 7: pp. 214-215, Blackboard (Klarman, “How Brown Changed Race Relations: The Backlash Thesis”)

12/6          The Impact of State Supreme Courts – Hume, Chapter 7: pp. 215-220; Blackboard (Hume, “Policy Initiation”)

·      Assignment 4 Due on 12/6

      FINAL EXAM: TBA

COURSE POLICIES

Course Design/Blackboard Integration. Supplementary readings and other course materials are available online via Blackboard, located within the tabs for the corresponding Modules. If you have trouble accessing Blackboard, be sure to contact the instructor as soon as possible. All written work, including papers and discussion board postings, are submitted via Blackboard.

Participation. Participation is an essential component of this course (10%). Students will not receive a satisfactory participation grade simply by attending: regular, thoughtful participation is required.

Discussion Board Postings. Students will periodically complete one-paragraph discussion board posting, which altogether are worth 10% of your final course grade. The dates are marked with an (*) above, and the questions are on Blackboard. These postings count as virtual participation and are meant to be informal and provoke discussion. You may be asked to comment on your discussion board postings in class, so be sure to have them done before class on the due dates.

Term Paper. The major assignment for the course is a term paper that you will complete in four installments over the semester, and which will be worth 30% of the final course grade. You can find details about the paper in the Assignments tab on Blackboard. It is important that you do not work too far ahead, or turn in assignments much earlier than when they are due, because they are designed to build off of work that we are completing in class.

Attendance: Attendance at all class meetings is mandatory unless an absence is excused in advance. An unexcused absence will result in a reduction of your participation grade.

Missed Exams/Papers. Exams will not be rescheduled except under extraordinary circumstances, and not unless arranged in advance. The same policy applies to papers. Legitimate excuses may include medical conditions (with appropriate documentation), family emergencies (with a dean’s excuse), or direct conflicts with other exams. You may not reschedule assignments because you feel tired, stressed, or overworked, so budget your time carefully.

Academic Integrity. Under no circumstances will cheating or plagiarism be tolerated. Plagiarism includes (but is not limited to) copying all or part of another student’s work, copying (or closely paraphrasing) all or part of another source without proper attribution (including internet sources), and incorrectly attributing sources. To enforce the University’s standards for academic integrity, all students are required to submit their written assignments via Blackboard’s SafeAssign.

Disability Services. If you have a documented disability and require academic accommodations, please register with the Office of Disability Services for Students (ODS) to request accommodations for your courses. Please contact the main ODS number at (718) 817-0655 to arrange services. Accommodations are not retroactive, so you need to register with ODS prior to receiving them. Please see me after class or during office hours if you have questions or would like to submit your academic accommodation letter to me if you have previously registered for accommodations.

Preferred Name/Pronoun Policy. The Department of Political Science affirms as part of our mission that we value and accord respect to all of our students. Therefore, instructors in our department are asked to call students by their preferred names and preferred pronouns. Please let your instructor know your preferred name and preferred pronouns in person or over email.

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