Reading Critical and conscientious reading is the foundation of this program. Our assigned texts together constitute a rich fund of knowledge about law in the context of political history and raise significant social, political and economic questions about the American past, present and future. Some texts will be used across the quarter, while others will serve as weekly seminar readings. A response paper to the seminar reading assigned for Mondays will be due on Monday mornings. All readings are required. Writing: Weekly Response Papers Writing assignments include weekly reading response papers, due at the Monday lecture session, beginning the second week of the quarter. The response papers must be in the form of argumentative essays. In the first paragraph, you will assert one main thesis or argument you would like to make about the assigned reading(s). In the remaining paragraphs, you will prove your case. To do that, you will combine specific evidence or examples from the text with your own analytical reasoning to convince your reader that your argument is correct. Normally, the very first sentence in your paper is your thesis statement. If for any reason you place your thesis statement elsewhere, please underline it. If you do not underline anything, your faculty and peer reviewers will assume that your first sentence is your thesis and will mark/comment on your paper accordingly. Writing: Peer Review of Response Papers Each of you will be part of an online writing group (of 4 students). On alternate weeks, two of you in each group will post your response papers on the web, and the other two students will provided critical review comments. We have included web work for several reasons: to address learning styles and strengths sometimes marginalized by traditional seminars, to enrich the seminar discussions by giving you structures for developing and sharing your ideas outside of class, to provide an alternative strategy for improving your writing, and to provide a space for developing your computer literacy skills (while furthering work on critical thinking). This activity begins the second week of the quarter. During the first week, you will receive further instructions. Students new to Web Crossing, the software we will use for this activity, will be given a hands-on orientation on Thursday, January 8, 9:00 to 11:00 a.m. (in lieu of the law workshop). Case Analysis Using the Socratic method, we will analyze landmark Supreme Court cases that address issues of dissent and injustice: what were the specific legal issues before the court, what was its holding, what was its rationale and how did it change law? One dictionary definition of the "Socratic method": "The method of instruction by questions and answers, as adopted by Socrates in his disputations, leading pupils either to a foreseen conclusion or to contradict themselves." This, instead of lectures, is the standard method of instruction used in law schools. While it is quite effective to help students develop their critical thinking skills, it can be quite intimidating in the hands of unforgiving instructors such as Professor Kingsfield in the 1970’s film and TV series, "The Paper Chase." On the other hand, the Socratic method is decidedly much more interesting than a lecture about the law. Only if you come to class unprepared will you likely feel ineffectual or distressed. Writing: Appellate Brief You will be required to write a formal appellate brief on an actual case recently decided by the U.S. Court of Appeals or by a state supreme court and reviewable by the U.S. Supreme Court. This appellate work will be collaborative, with each student teaming up with another student to serve as "co-counsel" for either the petitioner or the respondent in the assigned case. You will learn how to write the different components of the brief in workshops throughout the quarter. Oral Arguments You, your co-counsel, and the opposing counsel will present oral arguments on your case before a panel of judges of the Evergreen Supreme Court. Your oral arguments will be based on the written arguments you will have made in your appellate brief. You will also have the opportunity to serve as a judge to hear your peers’ oral arguments and to render a decision in their case. This all may sound scary, but by the time it comes for you to give your oral argument at the end of the quarter, you will be well prepared. This will be a collaborative activity with lots of help along the way. Seminar Twice weekly, seminar groups will meet together for discussion and analysis of the readings and other program content and themes. Seminars may utilize small group divisions and other techniques to ensure students of all abilities and temperaments ample opportunity to voice their new learning and interests. Adequate and enthusiastic seminar preparation and participation will be indispensable to student success in this program. Film Analysis A film series will combine Hollywood feature films and historical documentaries. The films will detail and supplement historical information and analytic themes presented in the program curriculum. II. Weekly Schedule . WEEK
1, JANUARY 5-8 – FREE SPEECH AND THE FIRST WORLD WAR
Monday, January
5
History Lecture: The First World War in Context, 1910s. Reading: None due, but wise and serious students will have devoured a significant part of Fighting Faiths, a lengthy but engaging book, during the break. Tuesday, January 6 Reading for Legal Analysis: A People's History of the Supreme Court (hereafter, People's History), Ch. 21 and cases in Landmark Supreme Court Cases handout (hereafter, Cases): Schenck v. United States, Debs v. United States, Abrams v. United States. Thursday, January 8 Law Workshop: In lieu of law workshop this week, we will have a hands-on orientation to Web Crossing for students new to the program. The orientation likely will be in the Computer Center's General Computing Classroom (GCC, Library 2410). Venue to be confirmed. Reading
for Seminar: Fighting Faiths, Chs. 1-5.
WEEK 2, JANUARY 12-15 – FREE SPEECH AND MODERNITY Monday, January 12 History Lecture: Freedom and Suppression in the World War’s Aftermath, 1920s. Reading:Fighting Faiths, Chs. 6- 9 and Epilogue. Tuesday, January 13 Reading for Legal Analysis: People's History, Ch. 22 and Cases: Gitlow v. New York, Whitney v. California, Brandenburg v. Ohio. (Note: At this session we will also include the cases assigned for January 6 (Schenk, Debs, Abrams), which we did not analyze because the college was closed due to inclement weather.) Film Analysis: "Damned in the U.S.A." Thursday, January 15 Law Workshop: How to write the Statement of the Case for the appellate brief. Seminar:
No
additional reading assigned.
WEEK 3, JANUARY 19-22 – RELIGIOUS FREEDOM AND NATIONAL CRISIS Monday, January 19 Campus Holiday – Martin Luther King Jr. Day. Reading:People's History, Chs. 23-26. No class. Tuesday, January 20 Reading for Legal Analysis: Courage of Their Convictions (hereafter, Courage), Chs. 1 and 15 (Gobitis v. Minersville School District, Jaffree v. Wallace) and Cases: West Virginia Board of Education v. Barnette, Korematsu v. United States. Film Analysis: "Cradle Will Rock" Thursday, January 22 Law Workshop: Appellate brief Statement of the Case is due; How to write the Questions Presented for the appellate brief. Seminar:
No additional reading assigned.
WEEK 4, JANUARY 26-29 – CIVIL LIBERTIES AND THE SECOND WORLD WAR Monday, January 26 History Lecture: The Second World War and Its Aftermath, 1940s-1950s. Reading:Age of McCarthyism (all); People's History, Ch. 27. Tuesday, January 27 Reading for Legal Analysis: Courage, Chs. 2 and 4 (Hirabayashi v. United States, Barenblatt v. United States,) and Cases: Korematsu v. United States and Dennis v. United States. Film Analysis: "Unfinished Business" and "Point of Order" Thursday, January 29 Law Workshop: Appellate brief Questions Presented due; How to develop the Argument for the appellate brief. Reading
for Seminar:Courage, Chs. 8 and 14 (Elfbrandt v. Russell,
Gertz v. Welch)
WEEK 5, FEBRUARY 2-5 – CIVIL RIGHTS IN POVERTY AND PROSPERITY Monday, February 2 History Lecture: The Civil Rights Movement in Context, 1950s-1960s. Reading:America Divided, Part 1 (Introduction and Chapters 1 - 7); People's History, Chs. 28-30. Tuesday, February 3 Reading for Legal Analysis: Courage, Ch. 3 (Shelley v. Kraemer) and Cases: Sweatt v. Painter, McLaurin v. Oklahoma State Regents, Brown v. Board of Education. Thursday, February 5 - Day of Presence Participation in the Day of Presence events will be a required program activity. The seminar may be preempted by those events. We will have details about the Day of Presence well before this week. Law Workshop: Outline of appellate brief Argument due; Group work and help on the brief. Reading
for Seminar: Courage, Chs. 5, 6 (Bates v. Little Rock, Bell
v. Maryland).
WEEK 6, FEBRUARY 9-12 – FREE SPEECH AND THE VIETNAM WAR Monday, February 9 History Lecture: Identity Politics and Social Movements, 1960s. Reading: America Divided: Part 2 (Chapters 8 - 14 and Conclusion) People's History, Ch. 31. Tuesday, February 10 Reading for Legal Analysis: Courage, Ch. 10 (Tinker v. Des Moines School District) and Cases: Everson v. Board of Education, Abington v. Schemp, United States v. O'Brien, Tinker v. Des Moines School District). Thursday, February 12 Law Workshop: First draft of appellate brief Argument due; Group work and help on the brief. Reading
for Seminar: Courage, Chs. 7, 9, 12 (Seeger v. United States,
Epperson v. Arkansas, Rodríguez v. San Antonio School District)
WEEK 7, FEBRUARY 16-19 – SEXUAL POLITICS AND WOMEN’S RIGHTS Monday, February 16 - Campus Holiday – President’s Day Reading:In Our Time (all); People's History, Chs. 32-33. No class. Tuesday, February 17 Reading for Legal Analysis: Cases: Skinner v. Oklahoma, Griswold v. Connecticut, Roe v. Wade. Thursday, February 19 Law Workshop and Lecture: Second draft of appellate brief Argument due; How to write the Summary and Conclusion of the appellate brief; Lecture: Second Wave Feminism, 1970's. Reading
for Seminar: Courage, Chs. 11 and 13 (Hodgson v. Minnesota,
LaFleur v. Cleveland Board of Education).
WEEK 8, FEBRUARY 23-26 – GAY LIBERATION AND CIVIL RIGHTS Monday, February 23 History Lecture: Disco and Post-Modernity, 1980s. Reading: People's History, Ch. 34 and Courage, Ch. 16. Tuesday, February 24 Reading for Legal Analysis: Cases: Bowers v. Hardwick, Romer v. Evans, Lawrence v. Texas. Thursday, February 26 Law Workshop: Summary & Conclusion of appellate brief due; How to develop and present the oral argument. Reading
for Seminar: Cases: Regents v. Bakke, Grutter v. Bollinger.
WEEK 9, MARCH 1-4 – CIVIL LIBERTIES/CIVIL RIGHTS IN AN UNCERTAIN AGE Monday, March 1 History Lecture: Wherever You Go, There You Are, 1990s-present. Reading:Terrorism and the Constitution (all); People's History, Ch. 35. Tuesday, March 2 Reading for Legal Analysis: Cases: Several cases related to the U.S.A. PATRIOT Act are winding through the courts. We will wait until late in the quarter to select cases most ripe for analysis. Thursday, March 4 Law Workshop: Final appellate brief due. Distribute seven copies as follows: two for the opposing counsel, one for the chief justice and four for the associate justices of the Evergreen Supreme Court. Seminar:
Additional assigned reading, if any, will be selected the previous week.
WEEK 10, MARCH 8-11 – ORAL ARGUMENTS: EVERGREEN SUPREME COURT Monday, March 1 10:00 - 12:00: Oral arguments will take place in Courtroom _______. 1:00 - 3:00: Oral arguments will take place in Courtroom _______. Tuesday, March 2 9:00 - 11:00: Oral arguments will take place in Courtroom _______. 12:30 - 3:30: Oral arguments will take place in Courtroom ________. Thursday, March 4 9:00 - 11:00: Oral arguments will take place in Courtroom _______. 12:30 - 2:30: Oral arguments will take place in Courtroom _______.
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