webglobelg.gif (5662 bytes)Department of Government & Politics
 Spring 2007

GVPT 875   Judicial Policy Development

 

 

Course Outline and Readings 

Research Papers

Reference Material

 

Hardly any issue of political, economic, or social consequence arises in the US that is not addressed, sooner or later, by the courts. In some instances, the judicial agenda shifts with changing macro-conditions.  The decision agenda is affected by judicial choices/preferences, and it is also influenced by concerted litigation campaigns and other political actions.  Thus, a systematic understanding of how courts participate in the political process and how they affect political outcomes is  important to the study of  American politics.  While the bulk of the course will focus on the U.S. Supreme Court, some time will be devoted to state courts and federal courts below the U.S. Supreme Court. The seminar has two basic purposes: to understand how judges participate in the political policy process and to develop a strategy for engaging in publishable quality research within the broader field of American law and courts.  The first half of the semester we will examine critically a variety of research approaches to the central problems.  The second half of the term will be devoted primarily to research.     

  ORGANIZATION AND PROCEDURE

Reading and Discussion: I believe that teaching is a dialectical process in which everyone plays a major role. This requires careful preparation and active participation by me and by all seminar members. The format of the seminar will be open discussion. Readings are assigned in advance, and I will expect you to come to class sessions prepared to discuss them. I and one of you will lead the discussion each week, but contributions by all should be the norm. Classroom participation, including oral presentations, will be taken into account when determining final grades (20%). Hence, it is very much in your individual interest to participate in our collective consideration of the literature.

Students will also be asked to alternate in leading discussion at our seminar meetings. This will involve preparing a brief set of introductory and integrative remarks about the readings for that date. In addition, all students will be asked to submit questions or comments, designed to promote discussion, on the required readings for each  meeting. Comments and questions should be emailed to the instructor and to the rest of the class by 10pm on Mondays before our Tuesday class sessions.

This course assumes a basic familiarity with the structure and operation of American courts. Students who do not have this background should plan to read the following as soon as possible:

REQUIRED TEXTS

Available at the bookstores:

Journal articles are generally available in the  JSTOR database: http://www.jstor.org/search/AdvancedSearch .

Research Papers                                                              Go Back

General Statement. Each seminar member will write a research paper on a particular set of questions related to the seminar focus. With my help you will select a general problem, and we will then narrow it down to a manageable research question. I will have more to say about this in class. I strongly suggest that you make an appointment by mid-February to discuss this with me.

Specific Instructions.

Within the first three weeks of the semester you should turn in a one-page proposal, describing what you want to look at and how you plan to do so. At the end of week 6, you must turn in a 7-10 page detailed research design. A first draft of the completed paper must be turned in at the end of week 12 (April 27); I will comment on and return the first drafts within one week (hopefully quicker). A final, revised version of the paper is due at the end of the examination week. I will give an automatic extension through the end of June to students who so desire it; however, extensions beyond that date will be given only for extra-ordinary reasons.

Your paper will take the form of an article-length manuscript, suitable for publication in a political science or socio-legal journal. The following components are, thus, required:

1. general introduction, a section containing a research question and a statement of significance;

2. a theoretical account, a section containing a theoretically-driven answer to your question and demonstrating your knowledge of the existing literature;

3. expectations, a section proposing specific hypotheses you propose to test or a model you plan to assess;

4. measurements/data, a section explaining how you plan to assess the literature's answer and the data sources from which you plan to derive your assessment;

5. analyses/results, a section presenting your findings; and,

6. conclusion, a section summarizing your findings and how they are/are not compatible with the literature, and some suggestions for future research.
 

Papers are due on the last day of class.
 

Course Outline/Readings                               Go Back

I. Introduction, January 30-February 13

Reading:

        For Further Consideration:

II. Judicial Power and Independence, February 20

Reading:

        For Further Consideration:

III. Judicial Selection, February 27

Reading:

For Further Consideration

 

IV. To Whom do Judges Speak?, March 6

Reading:

For Further Consideration:

V. The Role of Precedent, March 13

Reading:

For Further Consideration:

Spring Break!!!!! March 17-25

 

V: Do Courts Matter?  Maybe not, March 27 

Reading:

 For Further Consideration:

VI: Do Courts Matter? Maybe so, April 3

Reading:

 For Further Consideration:

VII: Litigants and Litigation Campaigns, April 10

Reading:

 For Further Consideration:

VIII: Policy-making in lower courts, April 17

Reading:

 For Further Consideration: Other Courts in the System

STATE SUPREME COURTS
Reading:

Paper drafts due, April 27

Paper presentation and discussion, May 8 & 15