Course Description of Political Science 120: U

General Education Course Certification Proposal

Political Science 120:

U.S. Law and Society

General Education Goals

Area S: Self Society and Equality in the U.S.

1. Course Description and goals of Political Science 120: U.S. Law and Society

Political Science 120 is designed to meet the goals and objectives of the Advanced General Education program, area S, "Self Society and Equality in the United States." Per the stated goal or area S, students in all sections of Pols. 120 "will study the interrelationship of individuals, and racial groups and cultural groups to understand and appreciate issues of diversity, equality and structured inequality in the U.S., its institutions and its cultures." Through lectures, discussions, presentations, written assignments, commentaries, literature reviews, quizzes, exams, student/professor interpersonal discussions, students will learn how different legal, historical, economic and social patterns during the three centuries of American history have fostered conditions of inequality in the United States. Students will critically examine these patterns and learn strategies of democratic political participation that can reduce, if not completely ameliorate patterns of injustice and instead, foster a more just, multicultural society.

2. Course Goals juxtaposed to Area S Student Learning Objectives

As a result of completing U.S. Law and Society, students will acquire knowledge of how laws, politics and the utilization of power can shape patterns of equality and inequality in the United States. Students will also learn strategies for affecting positive change to reduce social, political, legal and economic patterns that continue to threaten democratic attempts to foster equality and justice in our democratic/capitalistic society.

Students will be able to identify and understand the interactions of a diverse, democratic society that particularly relate to the relationship between law, politics and society. Through oral and written reports and research assignments, students will gain confidence in their ability to clearly present their views of equality and inequality in the United States.

Students will grapple with issues that affect equality which will enable them to identify factors that impede equality in the U.S. and help them formulate strategies they can utilize to try and reduce unjust inequalities that exist in the United States.

The university has identified four major student learning objectives for area S courses. As a result of successfully completing U.S. Law and Society, an area S course, students will be able to:

1. Describe how religious, gender, ethnic, racial, class, sexual orientation, disability, and/or age identity are shaped by cultural and societal influences, in contexts of equality and inequality.

2. Describe historical, social, political, and economic processes producing diversity, equality, and structured inequalities in the U.S.

3. Describe social actions by religious, gender, ethnic, racial class, sexual orientation, disability, and/or age groups leading to greater equality and social justice in the U.S.

4. Recognize and appreciate constructive interactions between people from different cultural, racial, and ethnic groups in the U.S.

Political Science 120 fulfills each of these four student learning objectives by incorporating a multidisciplinary approach to learning. The first objective is to examine and describe how religious, gender, ethnic, racial, class, sexual orientation, disability, and/or age identity are shaped by cultural and societal influences in contexts of equality and inequality. Professors teaching this course present lectures, develop assignments and promote discussion that examine how variables such as wealth/poverty, education, power (political and economic), health, public opinion (prejudice, for example), public policies (government) and private policies (corporate decisionmaking) affect the formation of cultural identity and the opportunities or lack thereof, of different groups residing in the United States, including but not limited to groups based on religion, race, ethnicity, gender, class, sexual orientation, disability, age, or income.

The second objective, that students describe historical, social, political and economic processes producing diversity, equality and structured inequalities is met by incorporating into lectures and readings the study of historical, social, political, economic and legal processes present in the United States that either promote or hinder diversity and equality. Lectures, readings, assignments and discussions explore, for example, major laws of the last three centuries that affect equality. Major political movements, like the civil rights era, or the suffrage movement, or the development of the civil war amendments (13^th, 14^th and 15^th) are examined to show their affect on the formation of identity and the development and implementation of public and private policies that either increase or decrease opportunities for different groups of people. Major economic developments, such as the transformation from a free market economy of the latter 19^th century, to a more regulated capitalistic system of the 20^th century are explored to help students understand how America's economic system has either hindered or helped foster economic opportunities for different groups of people. Significant legal decisions of the last three centuries are examined to further underscore how law can slowly, perhaps too slowly protect groups of people from discriminatory and unjust treatment. Subjects such as the changing nature of federalism that chronicle how our society has recently returned more power back to state and local governments are explored to show how this transformation has affected different groups' quest to reduce patterns of unjust inequalities. For example, students learn how selective California policies that are perceived as hostile toward the Hispanic population, such as Proposition 187 denying some services to illegal immigrants, or Proposition 209, ending affirmative action, or Proposition 227, ending bilingual education, has dramatically increased democratic Latino voter registration. Major philosophical concepts that make up democratic and capitalistic theory are similarly analyzed to help students grasp how concepts such as equality, freedom, justice, environmental sustainability, etc., can affect how a democratic society actually practices democracy and capitalism and how those practices, in turn, advance or inhibit equality and shape cultural identity. The course also examines how the structure of our governmental institutions are manipulated by powerful interests in ways that may endanger democracy's quest to provide due process and therefore increase injustice and oppression against less powerful, less influential groups in society.

The third objective, that students describe social actions by religious, gender, ethnic, racial, class, sexual orientation, and/or age groups leading to greater equality and social justice in the United States is similarly met in a multidisciplinary fashion. Students, either individually or in groups, consider lectures, readings, videos, guest speakers that describe a variety of social actions by many groups of people, including but not limited to groups based on religion, race, ethnicity, gender, sexual orientation, age and disability. Again, in example, subjects like the modern civil rights movements that have led to legislation like the Civil Rights Act, Religious Freedom Restoration Act, American With Disabilities Act, Age Discrimination in Employment Act, Education for All Handicapped Children Act, Voting Rights act, to name a few, are explored. Similarly students examine strategies that can effect positive change. For example, students learn about litigation strategies, mobilizing for protest, effectively using mass media outlets as a means to generate change that furthers the goals of diversity and equality in the United States. In essence, students learn how to become more effective participants in democracy, which both empowers them and creates a more positive self identity in America's cultural milieu.

Finally, the last student learning objective, that students recognize and appreciate constructive interactions between people from different cultural, racial, and ethnic groups in the United States is inexorably linked to lectures, discussions and assignments that comprise U.S. Law and Society. This is a course that closely examines the interactions of different groups of people in the United States with respect to their attempts to shape law and policy in the United States.

Students demonstrate their familiarity and mastery of all four student learning objectives by engaging in a variety of formative and summative assessment techniques. Some of the ways students demonstrate mastery of the student learning objectives include participation in group discussions, make formal presentations, work on various stages of research papers, take quizzes, write examinations, prepare minute summaries of the material and engage in dialectic conversations with the teaching faculty. Several student assignments require at least some, to extensive library research utilizes traditional library materials as well as utilizing the growing avenues of online based library materials.

3. Course Content

Issues related to diversity and identity are integrally intertwined in class lectures, discussions, assignments and exams. Additionally, students will write at least 3,000 words. This includes papers completed outside of class, examinations and written summaries of course material.

4. Classroom Support

a. Prerequisites

This course requires passage of the Writing Skills Test, upper division standing and completion of Core General Education.

b. Pedagogical Approach

This course utilizes perspectives from several academic disciplines. The course utilizes material relevant to other disciplines such as history, philosophy, economics, Women's Studies, African American Studies, Mexican American Studies, Asian American Studies, Lesbian and Gay Studies, Sociology, Literature and Political Science. Students are required to analyze complex political, legal, historical and economic issues, which utilize skills mastered from their core general education courses. These skills include critical thinking, reading, writing, speaking and research.

c. Active Learning Skills

Students will discuss material, prepare oral and written assignments, including a multistage research paper to help them master the student learning objectives. Students will engage in critical analysis, often challenging the conventional wisdom that equality is abundant in American Society. Indeed, student research papers will reflect critical thinking of significant topics that affect equality and inequality in the United States.

d. Primary and Secondary Materials

Students will read original records, i.e., Federalist Papers, Constitutional documents, debates, transcripts of government proceedings, as well as scholarly and popular literature that analyze conditions of equality and inequality in the United States.

e. Instructor qualifications

All of our teaching faculty possess either a Ph.D. or a J.D., as well as college teaching experience. All faculty teaching U.S. Law and Society are committed to furthering multicultural perspectives in American Politics.

5. Assessment: See attached Assessment Plan.

ASSESSMENT PLAN: POLS 120, U.S. LAW AND SOCIETY

1. Faculty, course goals and its relationship to General Education and Self, Society and Equality in the U.S.

All faculty teaching Pols 120 has a Ph.D., J.D. or both. Each faculty member specializes in some aspect of American Politics (Public Law, American Institutions, and Judicial Politics). While each instructor has somewhat of a different substantive focus, all instructors pursue teaching strategies that heighten students’ ability to analyze, synthesize and evaluate material that focus on material that stresses Area S goals. These exercises in critical thinking are augmented with assignments and discussion aimed at developing research and communication skills as well as an understanding of and tolerance toward cultural diversity. Each instructor also strives to increase student awareness of how individuals and groups of different races, ethnic groups, gender, religions or sexual orientation among others, are affected by varying economic, political, social and legal conditions that are endemic in the United States. Students gain an appreciation of how inequality and discrimination have developed in the U.S. and how to work within the parameters of our constitutional democracy to shape cultural attitudes, law and policy to reduce discriminatory conditions and create a just, multicultural society. Depending on the instructor, students will also gain insight into how political theory, government institutions, private institutions and citizens affect, for better or worse, America’s goal of providing equal opportunity to all individuals living within its jurisdiction. We believe this focus will reinforce student attitudes and behavior patterns that foster multicultural diversity.

2. Assessment techniques

Initially, Pols 120 instructors will administer an initial diagnostic survey instrument to assess the level of student knowledge of Area S goals as they relate to the curricula taught in the course. This survey gauges student recognition of major events, laws, court decisions, social prejudices, economic conditions and patterns of public opinion that indicate student sensitivity of how patterns of inequality emerge and persist in American society. For example, students will be asked if they can identify laws that further equality. Students will be asked to identify key leaders that have led the fight for equality. Students will be asked to identify provisions in the U.S. Constitution that affects equality in the United States. Students will be asked to identify trends in capitalism that affects equality. These and other questions in this open ended survey will give professors an initial impression of the level of knowledge students have of area S goals as they begin each course in U.S. Law and Society. In addition to this initial diagnostic tool, instructors will also use a variety of diagnostic and formative assessment techniques to gauge student progress and mastery of course content that emphasizes significant events, conditions and attitudes that form conditions of equality and inequality for different individuals and groups in the United States. These instructional methods include class discussions, written essays, quizzes, oral presentations, examinations, research papers, one on one in office interactions with the teaching faculty, minute summaries, online faculty/student discussions, online study guides, internet links that in sum allow Pols 120 students to better master the student learning objectives and allow instructors to better assess the basic level of student competence of the legal, historical, cultural and economic relationships that lead to patterns of inequality and equality in the Unites States. Finally, as an addendum to our political science student evaluations, we shall ask our students in a final summative assessment survey, how well they believe the course furthered their knowledge of the student learning objectives.

3. Evaluating our assessment efforts

The Pols 120 coordinator periodically meets with the Pols 120 instructors to discuss how they are meeting the general education requirements. The faculty shares teaching and assessment techniques allowing us to more uniformly teach areas S goals and assess how successful our efforts are. These sessions allow the Pols 120 faculty to more carefully coordinate the common upper division general education goals into each of our courses in a way that allows each of us to ensure that the university’s required upper division general education goals are fully met. Consistent with the emerging assessment guidelines the university is establishing for general education courses, the Pols 120 instructors have begun meeting at the end of each semester with the specific intent to give to the Pols 120 coordinator summaries of their diagnostic, formative and summative assessment materials along with some examples of each type of assessment. The coordinator can then examine all of our assessment material and summarize the results of our efforts to the university.

Our department requires all courses to be evaluated by our students. In addition to the university sote evaluations, the political science department requires its instructors to offer their students an open-ended questionnaire enabling them to assess how well the instructors have taught the course. The Pols. 120 instructors will use these departmental evaluations to ask U.S. Law and Society students how well they feel the course has helped them understand the goals for section S, self, society and equality in the United States. We will do so by reading section 2, Student Learning included in the advanced general education guidelines for self, society and equality in the United States and then ask the students to respond to how well the course met these area S requirements. These questionnaires are turned into the department and returned to the instructor after the semester has ended. These open ended responses allow our faculty to better understand how the students perceive the quality of the instructors teaching and with the added question about area S, should help the Pols 120 instructors to fine tune their pedagogical efforts to better meet area S goals.

In sum, the Pols 120 instructors are confident that the combination of diagnostic, formative and summative assessment techniques we currently have and are developing will fine tune our ability to both teach U.S. Law and Society in a way that furthers the goals of area S as well as assess how well we have taught the course goals to our students.

Model Syllabus for Political Science 120: U.S. Law and Society

NOTE: This syllabus is intended as a guide to all instructors who teach Political Science 120. This syllabus broadly identifies area s goals that are necessary to fulfill the requirements for upper division general education, area S: Self, Society and Equality in the U.S. It does not include defined readings, or specific procedures for conducting the class. Faculty teaching this course should develop course content and instruction strategies such that they meet the student learning objectives and assessment techniques required by university procedures for upper division, general education courses. Instructors are reminded to give both the introductory survey as well as the exit survey at the beginning and end of the semester. Professors are reminded to include several interactions with students for feedback throughout the semester. Some examples offering professors a chance to offer feedback to students include quizzes, discussions, critiqued presentations, interaction and feedback on early stages of research papers, comments on minute summaries of specific classes or turned in outlines of reading assignments, class notes, etc.

COURSE OBJECTIVES

1. Course Description and goals of Political Science 120: U.S. Law and Society

Political Science 120 is designed to meet the goals and objectives of the Advanced General Education program, area S, "Self Society and Equality in the United States." Per the stated goal of area S, students in all sections of Pols. 120 "will study the interrelationship of individuals, and racial groups and cultural groups to understand and appreciate issues of diversity, equality and structured inequality in the U.S., its institutions and its cultures." Through lectures, discussions, presentations, written assignments, commentaries, literature reviews, quizzes, exams, and student/professor interpersonal discussions, students will learn how different legal, historical, economic and social patterns during the three centuries of American history have fostered conditions of inequality in the United States. Students will critically examine these patterns and learn strategies of democratic political participation that can reduce, if not completely ameliorate patterns of injustice and instead, foster a more just, multicultural society.

2. Course Goals and Student Learning Objectives

As a result of completing U.S. Law and Society, students will acquire knowledge of how laws, politics and utilization of power shape patterns of inequality in the United States. Students will also learn strategies for affecting positive change to reduce social, political, legal and economic patterns that continue to threaten democratic attempts to foster equality and justice in our democratic/capitalistic society.

Students will be able to identify and understand the interactions of a diverse, democratic society that particularly relate to the relationships among law, politics, economics and social structures. Through oral and written reports and research assignments, students will gain confidence in their ability to clearly present their views of equality and inequality in the United States.

The university has identified four major student learning objectives for area S courses. As a result of successfully completing U.S. Law and Society, an area S course, students will be able to:

1. Describe how religious, gender, ethnic, racial, class, sexual orientation, disability, and/or age identity are shaped by cultural and societal influences, in contexts of equality and inequality.

2. Describe historical, social, political, and economic processes producing diversity, equality, and structured inequalities in the U.S.

3. Describe social actions by religious, gender, ethnic, racial class, sexual orientation, disability, and/or age groups leading to greater equality and social justice in the U.S.

4. Recognize and appreciate constructive interactions between people from different cultural, racial, and ethnic groups in the U.S.

Political Science 120 fulfills each of these four student learning objectives by incorporating a multidisciplinary approach to learning. The first objective is to examine and describe how religious, gender, ethnic, racial, class, sexual orientation, disability, and/or age identity are shaped by cultural and societal influences in contexts of equality and inequality. Professors teaching this course present lectures, develop assignments and promote discussion that examine how variables such as wealth/poverty, education, power (political and economic), health, public opinion (prejudice, for example), public policies (government) and private policies (corporate decision making) affect the formation of cultural identity and the opportunities or lack thereof, of different groups residing in the United States, including but not limited to groups based on religion, race, ethnicity, gender, class, sexual orientation, disability, age, or income.

The third objective, that students describe social actions by religious, gender, ethnic, racial, class, sexual orientation, and/or age groups leading to greater equality and social justice in the United States is similarly met in a multidisciplinary fashion. Students, either individually or in groups, consider lectures, readings, videos, debates and guest speakers that describe a variety of social actions by many groups of people, including but not limited to groups based on religion, race, ethnicity, gender, sexual orientation, age and disability. Major historical movements are explored that helped promote a public attitude willing to pass such historic civil rights legislation as the Civil Rights Act, Religious Freedom Restoration Act, American With Disabilities Act, Age Discrimination in Employment Act, Education for All Handicapped Children Act, Voting Rights act, to name a few. Similarly students examine strategies that can effect positive egalitarian change. For example, students learn about litigation strategies, mobilizing for protest, and effectively using mass media outlets as a means to generate change that furthers the goals of diversity and equality in the United States. In essence, by becoming historically familiar with the major movements that mobilized America toward pursuing greater conditions of equality during the latter half of the twentieth century, students develop the knowledge and confidence to become more effective participants in democracy. As students better understand how their individual and cultural identities have been influenced by conditions well beyond their control, they develop a deeper appreciation of the goals of an egalitarian society and the vigilance it takes to pursue those democratic ideals.

Students demonstrate their familiarity and mastery of all four student learning objectives by engaging in a variety of formative and summative assessment techniques. Some of the ways students demonstrate mastery of the student learning objectives include participation in group discussions, make formal presentations, work on various stages of research papers, take quizzes, write examinations, prepare minute summaries of the material and engage in dialectic conversations with the teaching faculty. Several student assignments require at least some, to extensive library research utilizing traditional library materials as well as utilizing the growing avenues of online-based library materials.

3. Course Content

Faculty teaching Pols 120 should include a detailed calendar outlining the class themes and readings week by week or by unit. This should include timetables for course assignments, scheduled quizzes, exams and presentations. The purpose of the calendar is to provide students with a roadmap of when the course learning objectives will be presented and what deadlines are approaching.

4. Classroom Support

a. Prerequisites

This course requires passage of the Writing Skills Test, upper division standing and completion of Core General Education.

b. Pedagogical Approach

This course also utilizes perspectives from several academic disciplines. The course utilizes material from history, philosophy, economics, Women's Studies, African American Studies, Mexican American Studies, Asian American Studies, Lesbian and Gay Studies, Sociology, Literature and Political Science. Students are required to analyze complex political, legal, historical and economic issues, which utilize skills mastered from their core general education courses. These skills include critical thinking, reading, writing, speaking and research.

c. Active Learning Skills

Students will discuss material, prepare oral and written assignments, including a multistage research paper to help them master the student learning objectives. The minimum amount of graded writing for this course shall be no less than 3,000 words. Students will engage in critical analysis, often challenging the conventional wisdom that equality is abundant in American Society. Indeed, student research papers will reflect critical thinking of significant topics that affect equality and inequality in the United States.

d. Primary and Secondary Materials

Students will read original records, i.e., Federalist Papers, Constitutional documents, debates, transcripts of government proceedings, as well as scholarly and popular literature that relate to philosophy, politics, law, economics, history, sociology and psychology to analyze conditions of equality and inequality in the United States.

e. Instructor qualifications

5. Assessment

Faculty who teach this course must adhere to the assessment requirements specified in the assessment plan associated with Pols. 120. Please see attached Assessment Plan. Diagnostic, formative and summative assessment materials and teaching strategies must be utilized to fulfill assessment requirements for upper division general education courses.

The following is the syllabus of Professor Ken Nuger, course coordinator for Pols 120. This syllabus is intended to offer instructors who teach this course some ideas about how to fulfill the pedagogical goals of Pols 120 in a manner that is consistent with the requirements for courses listed in area s, self society and equality in the United States.

Pols 120: U.S. Law and Society

This course examines the relationship between a democratic/capitalist, multicultural society and law. It integrates issues of justice, equality, liberty and political obligation with principles of democracy and capitalism to demonstrate how law and politics affect different socioeconomic groups in U.S. society. The course analyzes the effects of the growing chasm between the rich and poor, especially focusing on the demographics of poverty, and how political, economic, demographic and technological trends will affect conditions of equality or inequality for these groups of people. The course will compare elite and pluralistic theories of political participation and demonstrate how each theory may enhance or reduce social, political, legal and economic equality. The course will emphasize how law is used to foster economic and social bias and how law could be utilized to foster a just, multicultural legal, social and economic structure. Special attention is given to patterns of discrimination endemic in the United States and how law and policy can be shaped to alleviate patterns of discrimination based on but not limited to race, class, ethnicity, gender religion, age and sexual orientation.

COURSE AND AREA S STUDENT LEARNING OBJECTIVES

Students taking this course will better understand how social, historical and legal trends in U.S. society either foster or hinder equality in the United States. Students should understand how the following aspects of American society affect equality:

1. By studying concepts such as equality, freedom, justice, political obligation due process and equal protection, students will be able to understand how these basic ideological concepts can frame legislation that fosters more equal opportunity and less discrimination based on race, gender, class, sexual orientation, age or disability.

2. By studying major historical and legal trends of the 19^th and 20^th century, students will be able to understand how unjust social, economic and legal policies can be aimed at minority, disadvantaged and unpopular groups, condemning them to patterns of inequality and discrimination. For example, students will become familiar with how labor laws, voting laws and criminal justice policies can reduce equal opportunity and access of these targeted groups to the political and economic structures in the United States. Students will understand how government recruitment tends to favor elite groups and how, therefore, majoritarian democracy may unjustifiably be skewed against minority (broadly defined) rights.

3. By studying the major provisions of the constitution, especially the bill of rights and many later amendments, including but not limited to the 13^th, 14^th and 15^th amendments, students will be able to understand how government and individuals interact in ways that can either increase or decrease the compassionate application of constitutional concepts, such as but not limited to due process, equal protection and the right to privacy and as well as how these concepts can protect the equal opportunities of people, regardless of their race, gender, age, sexual orientation or religious affiliation.

4. By studying current economic, political and social trends, students will be able to compare and better understand how these trends may hinder or help the economic opportunities of vulnerable groups in the United States. Students will be able to understand the symbiotic relationship between economic freedom and opportunity and political freedom and opportunity.

5. By utilizing a multistage research paper process, and through utilizing minute summaries, quizzes, and the midterm examination, students will be given feedback on the quality of their writing, which helps students meet the writing requirements for this upper division, general education course.

6. By the end of the course, students will be able to appreciate how more complete access to equal educational opportunities leads to greater political and economic opportunity, thereby increasing political participation and minimizing a societal environment that perpetuates inequality and discrimination and fosters a morally and legally just multicultural democracy. Students will better understand how education and tolerance are related and therefore, how an educated society can lead to a more enlightened, tolerant society that embraces, rather than resists equal multicultural opportunity for all.

PLEASE PURCHASE THE FOLLOWING

Dye, Thomas R and Zeigler, Harmon, The Irony of Democracy

Males, Mike, Framing Youth: 10 Myths about the Next Generation

Course reader on reserve

GRADING

Inherently a vulgar subject but one with which we must all contend. The primary source of your evaluation will come from one midterm and one final examination; each worth 100 points. If you do not take the examination on its regularly scheduled day, you may take a makeup examination at a time agreeable to both of us. The makeup will be structured significantly different from the regularly scheduled exam in both form and difficulty so it would be in you best interests to take the regularly scheduled exam. In addition, you will be required to write a research paper approximately 10-12 pages in length worth 50 points. The paper is due no later than Tuesday, May, 2^nd. However, please note on the research paper assignment two mandatory due dates requiring you to hand in an annotated bibliographic summary and a combined paper introduction and outline. This will allow me to assess your progress and offer you suggestions on how to maximize your research efforts to meet the various student learning objectives. This multistage paper process will allow me to offer you feedback and suggestions to improve both your writing and research skills and help you use the research paper to more fully meet the non-writing student learning objectives of the course. Meeting these due dates will result in receiving up to 2 extra credit points for each due date, for a total of up to 4 extra points that will be added to the research paper’s initial grade. If you do not hand in your finished paper by the due date, your paper will automatically receive a 10 point penalty. We will also have some surprise quizzes worth five points each. The purpose of these quizzes is to encourage students to keep current with the reading assignments as well as allow me to assess how well students are mastering the student learning objectives. Each quiz will add five points to the base of 250 points. There are no makeups if you miss a quiz but you may drop one quiz from your final grade calculation. You may also earn or lose points based on your attendance. The details are outlined in the attendance section below. While not a tangible aspect to your final grade, thoughtful participation throughout the semester will allow me to assess your mastery of the course’s student learning objectives and therefore, make it easier for me to give you the benefit of the doubt on your final grade, should it lie between two grades at the semester’s end. Finally, while not graded, per se, I shall periodically ask you to provide minute summaries of particular classes, or minute responses to particular questions that bear on the course’s student learning objectives. These one minute summaries and responses will allow me to assess your assimilation of the day’s lesson and provide written feedback to you to clarify particular lecture and course objectives. These minute summaries will also provide me another mechanism to assess your progress during the semester and give you another opportunity to demonstrate that you deserve the benefit of the doubt at the semester’s end.

ATTENDANCE

Attendance will be recorded each day but you get 2½ weeks (five class days) of paid vacation (what a great deal!). For each day of class you miss after five absences, you will lose two points. If you use less than five absences in the semester, you will receive two extra points toward your final grade up to a total of ten extra points. For example, if you miss five days of class, you neither gain nor lose points. If you miss six classes, you lose two points, seven classes, four points, etc. If you miss only four classes, you earn two points; three classes, four points up to ten extra points. Not only is this a good way to encourage you to attend the greatest show on earth and earn points, just being in class regularly will help you better master the student learning objectives and do better on the exams.

MISCELLANEOUS GRAHDOO...

Please know that everything you read for the class and hear in lecture and discussion is fair game for our exams. Also note that much of what is discussed in lecture is material that you will not find in your readings. On another front, please try to not be tardy. Tardiness is generally rude and a disruption to the flow of the class. Of course an occasional tardiness may be inevitable but habitual tardiness will be so noted and hurt your cause when your final grade is determined. Also, please keep all graded work. If there is any question about what you earned on an exam or paper, you can clear up the discrepancy by showing me the graded work in question. Finally, please turn off all electronic equipment like phones, pagers, etc., so they won’t make disruptive sounds during class.

FINAL WORDS

You will be expected to conduct yourself in a mature, responsible, and most of all, creative manner. Ponder intensively! Question that with which you disagree! Never assume without understanding. As John Stuart Mill insightfully pleaded more than a century ago:

No one can be a great thinker who does not recognize, that as a thinker, it is his first duty to follow his intellect to whatever conclusions it may lead.

GENERAL COURSE READINGS

An important note to all of my students:

You will notice a brief annotation summarizing the main points of each set of readings. They are intended to remind you try to be cognizant of the myriad ways the readings pontificate on the major area s student learning objectives.

The following is a rough estimate of the order of our readings. I do not attach dates to each reading because we may not be able to comfortably follow a preordained dateline of reading assignments.

However, the list below gives you a general idea of the order of our readings.

Unit One: Theoretical Foundations of American Democracy and Capitalism

Z and D, Ch. 1 and Epilogue

F and O, Chs. 2, 5 and 8 on reserve.

Sargent, Ch. 3 on reserve, Reader, Ch. 2, Wealth and Want...

This introductory unit is tailored to ground students with the basic conceptual framework to understand the ideals, processes and goals of democracy and capitalism. We explore the age old question, how self interested are human beings and how much governmental control is needed to get individuals to balance their self interest instincts with broader, community interests. We ask and answer, among other things, what is equality, what is liberty, what is justice, what is political obligation? What are the essential ingredients of a democratic society? Does the practice of democracy mirror the goals of it? If not, what and who are distorting the goals of democracy? We examine the tensions between the elites, who exert considerable control over policy making, and the masses, who often feel that elite interests are being selfishly and unfairly preserved while their rights and opportunities are being ignored or abused. We examine the development from a free market driven capitalistic society of the 1800's to a carefully regulated system of the 21^st. century. We explore the ills of free market capitalistic forces, identify its victims and trace how modern capitalism more fully ensured that free market forces would not continue to exploit and discriminate in its quest to maximize profit. Finally, we examine the challenges the information based economy will pose for the United States and speculate about the conundrum of our era; that at the precise moment in history we all recognize the necessity of higher education, we have made its access an increasingly remote possibility for those mired in poverty. We consider the long term effects this will have on the opportunities of those with the necessary skills set and those without. We also recognize how these debilitating conditions of increasing globalization of market forces will place economic strains on the least educationally abled, which sadly, still is disproportionately made up of key racial minority groups.

Unit Two: The Ideological, Political and Economic Realities of governing the rich and the poor

Z and D, Chs. 4, 5. Recommended, but not required are chapters 6 (pp. 163-172)), 7 (pp. 187-195), 12, (pp. 335-342), 14 (pp. 395-405).

Ch. 5, Staying in Place…, Ch. 6, Politics: Who Gets What, Ch. 7, Health, Environment and Human Services…, Ch 3, Federalism….

This unit follows up the more philosophical/theoretical approach of the first unit with a more historical/political focus. We start by examining the contours of elite and mass public opinion and political participation. Who believes what about economics, politics, social policies and criminal justice policies? We examine why elites wield more political influence and what types of policies result from government and business that are effectively captured by elite interests. Who holds powerful private and public positions in the United States? What kinds of decisions have they made in U.S. history and how have those decisions affected equality and inequality in the United States. We examine how the upper strata of society has attempted to reduce mass political participation by exploring the effects of such antidemocratic measures as state sponsored literacy tests, poll taxes, grandfather clauses and white primaries. We examine the psychological and organizational factors that lead to higher or lower levels of political efficacy. We gain a snapshot of why minorities, especially African Americans have historically had discouraging levels of political participation. We identify other groups, such as women and chronicle their struggles for inclusion into the political process. Following this brief historical/political/legal snapshot, in a more contemporary setting, we examine the effects of the "Reagan Revolution," specifically focusing on how new federalism is affecting the opportunities of minorities. We discuss whether a reduced federal role in public policy will decrease patterns of equality that were developing at the federal level since the civil rights movements of the 50's and 60's. We also examine how the shrinking federal role of economic regulation is affecting the quality of life for those who occupy the bottom rungs of capitalism, again focusing on the specific groups of people that disproportionately comprise the bottom rungs. Is equality and justice losing out to capitalism's profit driven instincts? Indeed, is a return to a less regulated economy going to increase conditions of inequality. If so, who will be the victims? What will they be able to do about it? Finally, we muse about the effects of new federalism and whether state and local governments, as they are increasingly being called upon to do, will heed democracy's ideal better than they did a century ago to develop policies that respect and foster the dignity of all people, not just the powerful, privileged few.

Unit Three: The Constitution, the Courts and Society

Z and D, Ch. 13, 15

Reader, Ch. 5, Overview of the Bill of Rights, Theory, Friedman, Chs. 11 and 12 on legal behavior and culture, Ch 14, Law and Social Change.

This unit explores how key provisions of the United States Constitution affect conditions of equality, freedom and justice/due process. We focus on constitutional methodology to better understand how the constitution could be rationalized in a way that fosters conditions of equality. In doing so, we explore the nature of freedom that is stressed in the Bill of Rights, and equality that is alluded to some in the Bill of Rights but guaranteed more directly in the Civil War Amendments (13, 14, 15). We examine major historical trends that finally led up to the great civil rights explosion of the latter 20^th century. We assess the successes and failures of discriminated peoples' quest for equality in its various political, legal, psychological and economic forms. Perhaps the most provocative part of this part of the unit examines whether the tensions that seem to develop when different groups struggle with the dominant group for greater equality, i.e., race based affirmative action programs, actually impede, rather than foster conditions that promote equality. This unit also examines theories of judicial compliance? What might prompt people to not obey the law? Can a democracy so alienate people that they lose respect for the law, as we witnessed, for example, during the riots following the Rodney King episode? What effects might the transgressions of the Rampart Police scandal have on psyche of the people the Rampart police are both victimizing yet sworn to protect and to serve? Do gross, enduring conditions of inequality lead to a breakdown of social order? Does justice require some recognition of equality to ensure social stability and legitimize freedom?

Unit Four: Examining the United States from a Youth Advocacy Point of View

Males, the whole book

Mike Males is a demographer. His book, Framing Youth, Ten Myths About the Next Generation is a provocative attack on the collective bad behavior of adult American Society. We use the book to examine how the current political and economic climate has constructed a society that not only is both insensitive and uncaring about the gross conditions of inequality that still exist, but also helps contribute to conditions of inequality in the United States. What affect does urban capitalistic industrial abandonment have for the economic opportunities of those who comprise urban America? How can high technology security companies help fuel public opinion to endorse harsh criminal justice policies that may have disproportionate impacts on minority groups? How can poverty increase risky behavior that erodes opportunities for more equality that the poor the desperate deserve. How does a shallow pop culture and the billions of dollars capitalism lets flow to major media outlets to immerse us in this culture affect the opportunities of different groups of people. How has the desire to scale back the protection of equality, as seen in the proliferation of regressive taxing schemes, user fees, tax cuts, lagging support for public investment created a society where the pursuit of equality for our most vulnerable groups is growing increasingly more difficult? These are some of the themes we explore, myth by myth as we conclude the course with Framing Youth.

Introductory U.S. Law and Society Survey Instrument

Please briefly respond to the following questions. This is NOT a graded assignment. It is intended to help your instructor gauge the level of student mastery of Area S goals to help your instructor tailor the course curricula to best meet the student learning objectives of Area S, Self, Society and Equality in the United States.

1. Briefly identify one or more events in the 18^th, 19^th and 20^th centuries that have created conditions of inequality or equality in the United States.

2. Briefly name one or more major court decisions that have affected conditions of equality or inequality in the United States.

3. Name specific groups of people that have been victimized by conditions of inequality in the United States in the 18^th, 19^th, and 20^th centuries.

4. Identify specific constitutional clauses you believe affect conditions of equality or inequality in the United States.

5. Identify major laws and/or policies you believe have affected conditions of equality or inequality in the United States.

6. Identify figures in U.S. history that have influenced conditions of equality and inequality in the United States.

Exit Survey for Pols. 120

Semester _____________________

Course Instructor_______________

Course Section_________________

Instructions for students: Please answer each question by circling the number that most accurately reflects your impression of how well this course furthered your understanding of the student learning objectives for area S, self, society and equality in the United States.

The scale is as follows:

1 = not at all (very poor job, ineffective)

2 = a little (below average)

3 = some (average)

4 = a good deal (above average)

5 = a great deal (excellent job, very effective)

1. Overall, do you feel this course has increased your understanding of how religious, gender, ethnic, racial, class, sexual orientation, disability, and/or age identities are shaped by cultural and societal influences in contexts of equality and inequality?

1 2 3 4 5

2. Overall, do you feel this course has increased your understanding of how historical, social, political and economic processes can affect diversity, equality, and structured inequalities in the United States?

1 2 3 4 5

3. Overall, do you feel this course has increased your understanding of social actions by religious, gender, ethnic, racial, class, sexual orientation, disability, and/or age groups that have led to greater equality and social justice in the United States?

1 2 3 4 5

4. Overall, do you feel this course has your ability to recognize and appreciate constructive interactions between people from different cultural, racial, and ethnic groups in the United States?

1 2 3 4 5

The following is the syllabus for Professor James Brent's Pols 120 course, who is teaching U.S. Law and Society during the Fall, 2000

U.S. Law and Society

Fall 2000

www.sjsu.edu/faculty/Brent/120/f2000/homepage.html

Dr. James Brent Office Hours: MW 9:30-10:30, W noon-2 p.m.

Office: BT 462 Phone: (408) 924-5572

Email: jcbrent@email.sjsu.edu

This course fulfills the university’s Area S GE requirement. As a result of successfully completing this course, you should be able to:

1) Describe how religious, gender, ethnic, racial, class, sexual orientation, disability, and/or age identity are shaped by cultural and societal influences, in contexts of equality and inequality.
2) Describe historical, social, political, and economic processes producing diversity, equality, and structured inequalities in the U.S.

3) Describe social actions by religious, gender, ethnic, racial, class, sexual orientation, disability, and/or age groups leading to greater equality and social justice in the U.S.

4) Recognize and appreciate constructive interactions between people from different cultural, racial, and ethnic groups in the U.S.

In order to achieve these goals, this course shall use civil litigation as a framing device. As Alexis de Tocqueville noted, "Scarcely any political question arises in the United States that is not resolved, sooner or later, into a judicial question Although de Tocqueville wrote more than 150 years ago, his words are more true today than ever. The battle for equality in the United States has been waged in both private and public forums, but over time, the courts have become more and more involved. This course will use civil litigation as a starting point for a wide-ranging discussion about how inequality is created, the effects that it has, and how it can be alleviated.

Please note: Although lawsuits will serve as the unifying theme of the course, lawsuits are being used merely as a framing device. In other words, the lawsuits are used as a way to provide a specific, human face to the complex psychological, economic, sociological, political, and historical forces that they embody. Although we will discuss the specific people and events involved in these lawsuits, the lawsuits themselves are not as important as the dimensions of equality that they illuminate. For example, during the course we will devote a week to the case of U.S. v. Microsoft. Although this discussion will focus partially on the facts of the case, we will not study this case to learn about computers. The goal is to use the case as an opportunity to explore the theoretical foundations of American capitalism and the debate over the government’s role in enforcing the rights of the "have nots" against those with extraordinary economic power. Other cases will be used in a similar manner.

How the Learning Objectives Will Be Met

1) The first objective of this course is to "describe how religious, gender, ethnic, racial, class, sexual orientation, disability, and/or age identity are shaped by cultural and societal influences, in contexts of equality and inequality." This objective will be met in two main ways. First, several of the course readings will expose students to the psychological, economic, and other consequences of discrimination and inequality. Readings that achieve this goal include selections from Roberts v. Texaco, (in which Bari-Ellen Roberts, an African-American woman, shares her very personal account of a lifetime of racial discrimination) and Crisis in Black and White (in which sociologist Charles Silberman presents a damning description of the corrosive effects of discrimination on the psyche of its victims). Second, in the context of class discussions of specific court cases about racial, gender, disability, and sexual orientation discrimination, students will hear the stories of victims of discrimination and inequality and how the identities of these victims were shaped by inequality.

2) The second objective of this course is to "Describe historical, social, political, and economic processes producing diversity, equality, and structured inequalities in the U.S." This course will achieve this objective through a variety of means. Lectures, readings, assignments, and discussions will focus on significant historical, social, political, economic, and legal processes in the U.S. that either promote or hinder diversity and equality. For example, this course will spend a significant amount of time exploring the constitutional and legal bases of equality in the United States, including such things as the equal protection clause of the 14^th amendment, the Americans with Disabilities Act, the Civil Rights Act of 1964, and the Sherman Antitrust Act. In addition, significant time will be spent discussing the bases of equality and inequality in American elections, including racial equality (focusing on racial gerrymandering and the Voting Rights Act of 1965) and economic equality (focusing on how elections are financed in the United States). In addition, major social and economic developments in American history, such as the transformation of American capitalism will be highlighted. We will also focus on the bases of equality and inequality within the civil justice system itself, including such things as racial and gender bias in jury selection, and the reasons why the "haves" tend to come out ahead in litigation.

3) The third objective of this course is to "describe social actions by religious, gender, ethnic, racial, class, sexual orientation, disability, and/or age groups leading to greater equality and social justice in the U.S." To achieve this goal, this course will focus heavily on the role of civil lawsuits in combating inequality and discrimination. For most of American history, the U.S. court system was uninterested in assisting the disadvantaged and combating discrimination. However, after the NAACP succeeded in having segregation declared unconstitutional in Brown v. Board of Education in 1954, the courts have often been used to successfully produce greater equality and social justice in the U.S. This course will focus on many of those efforts, including cases such as Brown v. Board, Bakke v. Regents of the University of California, Romer v. Evans, and others. Although the focus shall be on civil litigation, it will also necessarily discuss the other social and economic movements that have produced the social context that made those lawsuits possible, such as the civil rights movement and the Progressive Movement. You will also learn about the legislative victories experienced by these movements, such as the Civil Rights Act of 1964, the Voting Rights Act of 1965, the Federal Election Campaign Act, the Sherman Antitrust Act, and the Americans with Disabilities Act.

4) The final learning objective is to "Recognize and appreciate constructive interactions between people from different cultural, racial, and ethnic groups in the U.S." This objective will be met throughout the entire course. Indeed, this objective is inexorably linked to the various lectures, discussions, and assignments of the course, which all examine the interactions of different groups of people in shaping public policy, both through litigation and other means.

A Note on the Use of the Internet -- This course has a site on the Internet. The address is listed at the beginning of this syllabus. Students are encouraged to find this site and bookmark it on their web browsers. If you do not own a computer, you may access the Internet in Clark Library or in the computer lab in the basement of Washington Square Hall. The Internet site contains everything in this syllabus and much more.

Through the Internet site, you will:

a) be able to access your course grade

b) receive class news

c) print course handouts and forms

d) find interactive study guides for the exams

e) find self-scoring practice quizzes

f) be able to participate in on-line discussions with your classmates

g) find links to other Internet sites that will be useful or interesting

You are not required to use this site. It is designed to complement, rather than replace, the traditional elements of this course. For example, you will never be responsible on an exam for information on the site or any of its links. However, I encourage all students to become comfortable with using the Internet, and I believe this site will enhance the classroom experience.

Textbooks:

There are 2 required textbooks. The two required books are:

Harr, Jonathan. (1996). A Civil Action. New York: Vintage Books.

Roberts, Bari-Ellen. (1998). Roberts v. Texaco: A True Story of Race and Corporate America. New York: Avon Books

In addition, every student must purchase a packet of photocopied readings from the A.S. Print Shop.

You should be aware that it will be difficult to do well on the exams unless you can demonstrate to me that you have done the reading carefully and fully. If you have any questions about the reading, please do not hesitate to ask me questions in class or to see me in my office.

Grading

Your grade consists of 5 elements:

Book Summaries 10%

Midterm (October 16) 20%

Final (Mon., Dec. 18 at 6:00) 25%

Research Paper 35%
Class participation 10%

Book Summaries -- We will be spending one day discussing each of the two assigned books in class. On the day of the discussion, students will be required to submit a 4-5 page, typewritten summary of the book being discussed that day. Each summary is worth 5 points (5%) of your overall grade. The due dates for these summaries will be announced at least one week in advance. Students who do not complete the summary on time will not be permitted to engage in the in-class discussion.

Tests B The midterm and the final exam will be closed-book, closed-note exams. Students should bring a blank blue book to each exam. The exams will consist exclusively of essay and short-answer questions. There are no multiple-choice questions. The final will not be cumulative.

Paper Assignment B This is discussed in more detail at the end of this syllabus.

Participation B Participation comprises 10% of your course grade. All students are expected to participate orally in class. I encourage participation because I believe that it aids in the learning process and makes class more interesting.

I do not take attendance, but if you do not attend regularly, you will be unable to participate and will thus lower your grade. This ought not be taken lightly -- while participation constitutes "only" 10% of your grade, if you earn no participation points, this means your final mark will be one full letter grade lower than if you had participated regularly.

Participation is the one component of your grade that is based on quantity rather than quality. I don't care whether you are the most brilliant student in class or the most dim-witted -- if you participate regularly, you will receive a good grade on your participation.

I realize that many students are uncomfortable with participating in class. If you are one of those students, I have three suggestions:

1) Asking questions is just as legitimate as answering questions. I encourage you to ask any questions that you might have. Please do not be afraid of asking "dumb" questions -- I can assure you that there are other students in the class with the same question, and they're not smart enough to ask.
2) If you have nothing to say, come and visit me in my office. I can give you a "sneak preview" of the next class, so you can have some time to formulate your opinions. If you really need help, I will tell you something brilliant to say, and then you can raise it in class and seem brilliant to your classmates.

3) You may now also receive participation credit for participation in on-line discussions with your classmates as well. Check the course web site for additional details.

Miscellaneous Policies

Makeup Exams -- I will be the most willing to permit you to take a make-up exam when the following three conditions are met:

1) you notify me in advance

2) you have an acceptable excuse (usually something beyond your control)

3) you have written documentation

Naturally, sometimes it will not be possible to meet these three conditions. Situations which do not do so will be judged by me on a case-by-case basis. I reserve the right to refuse to allow you to make up an exam (although I will usually try to accommodate you).

If you miss an exam, you should approach me the next time you are in class and request a makeup. If approved, I will drop off a test at the Testing Center. You should call the Testing Center (924-5980) to arrange to take the exam.

I reserve the right to make the make-up exam more difficult than the in-class exam.

Incomplete Grades: In order to get credit for this course, all assignments must be submitted to me no later than the day of the final exam (May 22). Students who have not completed and submitted all assignments by this date must obtain a form entitled "Request for an Incomplete Grade" and submit it to me for my signature. This form can be obtained through the Department of Political Science or can be downloaded from the course web site. Any student who fails to complete this form will receive an "F" grade in this course, consistent with university policy. (This "F" grade may later be raised after the missing assignments are completed, but you do not want an "F" on your transcript.)

Office Hours: The office hours listed above are not meant to be exhaustive. We can arrange to meet at other times at our mutual convenience. If you have any concerns about any aspect of the course, or about college life or your future in general, please do not hesitate to meet with me. I urge you to take advantage of this. The opportunity for personal attention from your professor is one of the benefits that the CSU system offers.

Accommodations for Disabled Students: I will happily accommodate the needs of disabled students, provided that such students submit proper documentation to the SJSU Disability Resource Center.

Anonymity: I like to grade assignments anonymously. On all class assignments, I would like you to omit your name and include only your social security number. I will not accept assignments with names on them.

Extra Credit: You will have one (and only one) opportunity to receive extra credit in this course. On Wednesday, September 6, I will be taking a group of students to watch the California Supreme Court at oral argument in San Francisco. This trip will cost $12 and will last from 7:15 a.m. to 3:00 p.m. If you attend this trip and type a 3-page summary of your experiences, you will receive an additional 10 points on the midterm.

Course Topics and Readings

I. Introduction to Law and Equality (weeks 1 and 2)

A. What Is Law?

B. Law and Equality

Reading: Packet: "Bias and Money in American Democracy"

C. Diversity and the Need for Law

During this introductory section, we will discuss the purposes and function of law and how those functions relate to the establishment and perpetuation of equality in the United States. We will also learn how the law can be used to achieve social change to alleviate some of those conditions. We will also discuss the continuing debate between elite theorists, conflict theorists, and pluralists in answering the question: Who controls America? (Learning Objectives met in this section: 2, 3, and 4)

II. Inequality in American Elections & What To Do About It (Weeks 3, 4, and 5)

Because it is an election year, I believe it is appropriate to spend a couple of weeks discussing how elections work in the United States and how our electoral system is biased against the poor and minorities. We will first discuss the history of racial discrimination in voting, including the adoption of the 15^th Amendment and Southern attempts to evade it through the use of poll taxes, grandfather clauses, and literacy tests. We will also discuss the provisions of the Voting Rights Act, which was intended to combat such discrimination in voting. We will also discuss how our single-member district, winner-take-all electoral system makes it very difficult for third parties and minorities to win elective office in the U.S., and the quest to combat this bias through the creation of "majority-minority" districts. Finally, we will discuss the influence of money on American elections, including attempts to reduce the influence of wealthy special interests through the passage of the Federal Elections Campaign Act. (Learning Objectives met in this section: 2 and 3)

A. Bias Against Minorities

1) Racial Gerrymandering

2) Single-Member Districts: Shaw v. Reno

B. Bias Against the Poor

1) The Federal Election Campaign Act and Buckley v. Valeo

Reading: Packet: "Elections: The Heart of Democracy"

III. Discrimination and the Law (Weeks 6, 7, 8, 9, and 10)

In this section, we will discuss discrimination in its many forms, including discrimination based on race, gender, disability, and sexual orientation. We will begin with a brief history of discrimination in the U.S., followed by an extended discussion of the psychological effects of discrimination. We will then turn to an extended discussion of racial discrimination, both public and private. This discussion will focus on identifying different types of racial discrimination, studying the laws and constitutional provisions (such as the Civil Rights Act, the equal protection clause, and the commerce clause) that have been adopted or used to combat racial discrimination both in the workplace and in society generally. We will also discuss the civil rights movement and the role it played in this legal and social evolution. We will also discuss the economic consequences of racial discrimination in an effort to analyze the need for affirmative action programs in the U.S. After our discussion of racial discrimination is complete, we will then turn to other forms of discrimination and the legal, social, and economic implications of such discrimination. Students will learn about the EEOC, the Americans with Disabilities Act, and several Supreme Court decisions that constitute the foundation of anti-discrimination law in the United States. (Learning Objectives met in this section: 1, 2, 3 and 4)

A. The History of Discrimination in the U.S.

B. The Psychological Effects of Discrimination

Reading: Packet: "The Problem of Identification"

Roberts: pages 1-91

C. The Constitutional and Legal Bases of Equality in the U.S.

D. Racial Discrimination

1) Public Racial Discrimination: Brown v. Board of Education

Reading: Packet: Brown v. Board of Education

2) Private Racial Discrimination: Roberts v. Texaco

Reading: Roberts: page 92-285

Packet: "A Black Feminist Critique of Anti-

discrimination Law and Politics"

3) Affirmative Action: Bakke v. Regents of the University of California

E. Gender Discrimination

1) Sexual Harassment: Jones v. Clinton

Reading: Packet: "Women’s Subordination and the Role of Law"

Packet: "A Black Feminist Critique of Anti-
discrimination Law and Politics"

F. Discrimination Based on Disability

1) The Americans with Disabilities Act: Doe v. Kohn

G. Discrimination Based on Sexual Orientation

1) Colorado Amendment 2: Romer v. Evans

IV. Economic Power, Inequality, and the Law (Weeks 11 and 12)

Discrimination is only the most obvious form of inequality in the United States. Other forms are less obvious, and in this section, we will focus on the pernicious effects of economic inequality in the U.S. First, we will begin by discussing the nature and history of capitalism, and theories regarding the government’s proper role in regulating the market and providing some level of consumer protection from monopolies and other companies that abuse their economic power. During this discussion, we will learn about traditional free market theories and their critiques, and discuss how the abuses of the Industrial Revolution led to an expansion of the regulatory state through laws such as the Sherman Antitrust Act. We will then turn to the gap in income distribution between the "haves" and "have-nots" and discuss what, if any, steps the government should take to alleviate this gap. During this discussion, we will focus on popular movements that attempted to place this gap on the political agenda, such as the Progressive Movement. Finally, we will discuss the topic of inequality in education in order to determine if America really believes in the idea of equality of opportunity. (Learning Objectives met in this section: 2, 3, and 4)

A. Capitalism

1) The Regulation of Big Business: U.S. v. Microsoft

Reading: "Government Regulation and Lower-Strata People"

2) The Distribution of Wealth

Reading: "America: What Went Wrong"

B. Economic Inequality and Public Education: San Antonio School District v.

Rodriguez

V. Bias in the Justice System & What to do About It (Weeks 13, 14 and 15)

Since the NAACP secured a victory for civil rights in Brown v. Board of Education in 1954, disadvantaged groups have increasingly turned to the judiciary for vindication of their rights. Although such groups have achieved a surprising number of successes, the justice system itself is plagued by various inequalities and biases that limit its ability to be an agent of social change. This section will focus specifically on issues of bias, fairness, and equality in the justice system itself. We will begin by discussing how racial bias can creep into the system through the use of peremptory challenges. We will then discuss how the justice system as a whole tends to be biased in favor of "repeat players", generally big economic interests that can influence the system to their liking. We will then turn to ways in which disadvantaged groups have attempted to combat the advantages enjoyed by wealthy litigants through reforms such as the contingency fee, punitive damages, and the establishment of the Legal Services Corporation (Learning Objectives met in this section: 2, 3, and 4)

A. Racial Bias

1) Jury Selection: Batson v. Kentucky

B. Bias Against the Poor

1) How the "Haves" Come Out Ahead

Reading: Packet: "How the ‘Haves’ Come Out Ahead

Packet: "Federal Courts and Lower-Strata People"

2) Deep Pockets, the Contingency Fee, and Punitive Damages

Reading: A Civil Action

3) The Legal Services Corporation

Paper Assignment

For your paper assignment, you are being asked to research and write a paper about a civil lawsuit that addresses some aspect of equality or discrimination in America. The paper may be either national or local, but should be sufficiently famous so that you will be able to find information on it. Please note, however, that whatever case you choose must relate to the issue of equality and/or discrimination.

Elements of the Paper

The paper should have four main features:

1) You should discuss the facts of the case. In other words, you should tell me what happened to cause this dispute to wind up in court. What injustice or inequity occurred?

2) You should tell me about the equality issues involved. Because this course is about equality and discrimination, you should spend a significant amount of time discussing the inequality or discrimination involved in the case you have chosen. Depending on the case you have chosen, this discussion should draw upon psychological, historical, sociological, economical, and/or anthropological data. For example, if you are writing about Jones v. Clinton, you should discuss things such as: the prevalence of sexual harassment in American society, the psychological and economic effects of gender discrimination, and the history of sexual harassment as a political issue in the United States.

3) You should tell me about the legal issues involved. In this section, you should tell me about the cause of action that the plaintiff used in bringing his/her case. You should also tell me what the plaintiff would have to prove in order to win his/her case. For example, if you were writing about Jones v. Clinton, you should explain to me the legal definition of "sexual harassment" and what Paula Jones would have to demonstrate to win her case. In addition, you should discuss the various laws, court cases, and/or provisions of the law that regulate sexual harassment.

4) Finally, you should make an argument in which you tell me which side you thought should have won or lost, and why. Please note: This discussion should NOT be merely perfunctory. In other words, your argument should be a major component of your paper, and not merely a paragraph or two tacked onto the end. This argument should be well justified, drawing upon the legal, economic, and psychological information contained in the rest of your paper.

There are literally thousands of cases that you might choose. (Please note that you must choose a civil trial, and NOT a criminal trial.) Please check the course web site for a lengthy list of possible cases, as well as links to information about those cases. You need not select one of the cases that are listed on the web site, but it is a good place to start.

Stages of the Paper

In order to assess your progress, give you appropriate feedback, and allow you to write the best paper you are capable of, you must write your paper in stages: a bibliography, an outline and narrative, a first draft, and a final draft.

Stage One: Case Name and Bibliography (due date: Monday, September 25)

Students must first pick a specific case and research and produce a list of sources that would be appropriate for that case. You are not required to actually use all of these sources in your final paper B as you do additional research, you may make changes to your bibliography. However, the sources on this first bibliography must all be sources appropriate to the topic.

This part of the paper is worth 5 total points (5%) toward your total course grade. Your grade will depend on the number of appropriate sources that you locate.

--10 sources will earn you 1 point

--15 sources will earn you 2 points

--20 sources will earn you 3 points

--25 sources will earn you 4 points

--35 sources will earn you 5 points

In addition, no more than 1/3 of your sources can be from popular magazines and newspapers. In other words, at least 2/3 of your sources must be books and/or scholarly publications such as law reviews and peer-reviewed journals.

Stage Two: Outline and Narrative (due date: Monday, October 9)

In the second stage, students must submit an outline of their paper, along with a brief narrative explaining the outline. This outline and narrative should be about five (5) typed pages long. The outline and narrative should specifically address the four main features of the paper discussed above. Spelling and grammar will also be taken into consideration. The outline and narrative is worth 5 points (5%) toward your overall course grade.

Stage Three: First Draft (due date: Monday, November 13)

Next, students are required to submit a rough draft. This rough draft should be complete B it should contain the full text of your paper, with proper attribution, grammar, and spelling. You should pretend as though this were the final draft of your paper. This draft should incorporate, to the extent you deem appropriate, the comments made on your outline and narrative. This paper should be 10-25 typed, double-spaced pages long, not including the bibliography and title page. This draft is worth 10 points (10%) toward your overall grade in the course.

Stage Four: Final Draft (due date: Monday, December 4)

The final draft is worth 15 points (15%) toward your overall course grade. It should be 15-25 typed, double-spaced pages long. The final draft (and all previous drafts) of your paper will be graded on how well they fulfill the following criteria (in increasing order of difficulty):

1) You must spell correctly and use proper English grammar.

2) You should discuss both the legal and extra-legal aspects of the case as they relate to
inequality and/or discrimination.

4) You should make a specific argument in which you tell me which side should have

won case. This argument should apply the facts to the relevant law.

5) In order to obtain an "A" grade, papers should stand out in some way. They may do

this in various ways. In some instances, the best papers will display imagination,

insight, intelligence, originality, and may posses other "intangibles". Other papers may

distinguish themselves by displaying significant effort. For example, the length of a

paper is roughly related to both its depth and the amount of effort that went into its

creation. Therefore, the best papers will probably be longer than the minimum number

of pages required and will probably incorporate more than the minimum number of

sources.

Enforcement of Due Dates: The various assignments listed above are due at the end of class on the dates indicated. The assignments become late the moment I walk out of the classroom at the end of that day’s lecture. For each class day that each assignment is late, one point will be deducted from the student’s grade.

Furthermore, papers submitted late will be graded only after I finish grading all of those papers submitted on time. Therefore, you may wait longer for a late paper to be graded.

Attribution: You must also provide attribution within the text of your papers and include a bibliography at the end. I would prefer it if you used the style of the American Political Science Association. However, as long as you are consistent, you may use other methods of attribution. You can find information about how to attribute your sources on the web site for this course. Papers that do not contain proper attribution will 1) be returned to the student, 2) receive a lower grade, and/or be prosecuted as a violation of the university's honor code. If you have any questions, please do not hesitate to see me.

An Important Note on the Use of the Internet

Although the Internet is a fantastic information resource that I full embrace, it also has some negative consequences for collegiate research. In my opinion, Internet research poses at least two main problems: plagiarism and laziness. Please avoid them.

1) The Internet Promotes Plagiarism

There’s a lot of really good information out there on the Internet. And sometimes, it seems that the source you’re reading says things so much more eloquently than you could ever hope to. And it is so easy to merely cut and paste things from web sites to your own paper. Please avoid the understandable temptation to borrow liberally from other authors and use their work as your own.

I’ve seen more cases of plagiarism in the last year than in the rest of my (short) career combined. In most cases, I think it has been a simple misunderstanding of what constitutes plagiarism. If you quote someone without attributing it, that constitutes plagiarism. However, plagiarism is more than that! You must provide attribution even when you merely borrow the ideas of another author! You can’t just take someone else’s words, change them around a bit, and claim them as your own.

The Internet makes plagiarism very easy to commit. It also makes plagiarism very easy for me to catch. If I suspect that a student has committed plagiarism, I WILL investigate. I will conduct my own investigation, and I will also use on-line plagiarism detection sites (such as www.plagiarism.org and www.plagiarism.com) to help me in my investigation. Please be careful.

2) The Internet Promotes Laziness

Last year, I received 8 papers on a single court case. After I read 2 or 3 of these papers, I noticed that they were all virtually the same. They had the same quotes, the same ideas, all in virtually the same order. They were all pretty good papers; they were just eerily familiar.

I did not suspect plagiarism these students did not know each other. So what happened? Well, each student logged onto the Internet and typed in a search term. They then located the first few web sites and wrote their papers based on those sites. A check of their bibliographies confirmed it: the papers sounded the same because they were all using the same sources, the same web sites.

Please remember that a paper that is virtually identical to other papers is, by definition, "average". Therefore, no more than half of your sources may consist of Internet sites. (Please note, however, that sources found on Lexis are NOT Internet sites.)

In addition, you need to make sure you attribute your Internet sources. At a minimum, this attribution should consist of the CORRECT web site address. This will be discussed in class and further information can be obtained on the course web site.

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