case brief
POL 400 01 Syllabus, Spring 2019 2
School of Criminal Justice & Social Sciences Syllabus
Text:
Epstein, L. & Walker, T. G. (2019). Constitutional law for a changing America: Rights, liberties and justice. (10e) Washington, D. C.: CQ Press. ISBN: 978-1-5063-8030-8
The New York Times and USA Today (online) and other newspaper sources will be used for completing the written legal briefs.
Course Context:
This course examines inherent conflicts between individual liberties and social order under our constitutional system. It uses the case study approach to analyze issues including freedom of speech, assembly, press, and religion; due process; equal protection; voting rights; and privacy rights.
Course Objectives:
1. Assess the concepts, institutions, and officials that make up the branches of government as outlined in the Constitution, including the separation of powers and the concept of federalism.
2. Appraise how the Constitution affects our lives on a daily basis.
3. Analyze how judicial decisions affect our lives on a daily basis.
4. Using the knowledge gained from the class discussions and written material, allow students to critically assess the implications of our Constitutional system and communicate their views effectively with the spoken and written word in a logical and precise manner.
Methodology: We will use several different methods of learning.
· You will be expected to read the assigned material for the day before coming to class.
· Brief a selected case out of the text.
· One position paper, one based on the Constitution and the other related topics to the Hearing will be due at the end of class on, May 3, 2018 and on the day of the final exam.
· Participation in a Supreme Court Hearing covering material on an actual case argued before the Court.
Expectations:
· Expected Behavior in class: All students are expected to behave in a professional and courteous manner to both the professor and other students in class, and to follow the procedures as outlined in this syllabus for this course. If the professor deems that a student has failed to adhere to this standard, the professor shall make a report to both the Dean of the School in which the course is taught, and the Dean of Students. Please follow all policies as written in the current Student Handbook.
· You must bring this syllabus to every class.
· Knowing your classmates is an important part of the class dynamics and influences class participation. Therefore, you may not sit in the same seat, and by the same people for each class.
· Attendance by Athletes : Athletes may not miss a class for practice in any sport. If an athlete misses a class due to a game, it is completely understood that the athlete is responsible for all the work covered in that class (to include lecture notes, readings and any additional information distributed in class). The appropriate information from the Athletic Director or coach must be submitted to the professor prior to missing class due to an athletic event. Failure to do so is against athletic policy. Please follow all policies as written in the current Student Handbook.
· Your participation in this class will be a significant part of the course, as well as for your course grade. You will determine your degree of success in the course. You must come to class prepared to discuss the readings, case brief and how it relates to the readings.
· Use of ALL tobacco products is restricted to areas outside, not in Tiffin University buildings. This includes smoking, dipping, and chewing. Please respect the policy.
· No cell phones – turn them off or leave them home. If kept in class, it must be face down in front of you and turned off, or in airplane mode or in Do Not Disturb mode. The cell phone cannot be put on vibrate or silent. If there is an emergency, see the instructor, put your phone on vibrate, and sit near the door to make a quiet and quick exit. If you fail to turn off your phone the instructor gets to talk with whomever is on the line. If you are found to have your cell phone on, or on “Silent,” you will lose your participations points for that day. Touching your phone and looking at it for any reason, unless directed to do so will result in asking you to leave the class and a loss of your participation points. Based on the class discussion, we may ask you to search for items related to the discussion using the University Wi-fi.
· You may use a computer to take notes, but unless authorized, the only application permitted will be a word processing application. Violation of this will be termination of computer privileges in class, and you will be asked to lave class for that day.
· If your computer, hard drive or disc dies, you must turn in a copy of your notes and then a new final copy of the work at a later time. In addition, do not even think of using the excuse “my disc died.” Say, “my disc died and here are my notes that I was using. I can have the material in by . . . such and such a date.”
· Please, no sitting in the back rows, in order to facilitate the discussion among the class.
· You must to have a working e-mail address in order to receive material.
FROM THE OFFICE OF EQUITY, ACCESS, AND OPPORTUNITY
· Nondiscrimination Policy
Tiffin University is committed to a policy of non-discrimination and equal opportunity for all students, applicants for admission, and is committed in policy and practice to ensuring equal access to educational opportunities for all regardless of the person’s race, religion, personal appearance, color, sex, pregnancy, political affiliation, social-economic class, place of business, residence, religion, creed, ethnicity, national origin (including ancestry), citizenship status, physical or mental disability, age, marital status, family responsibilities, sexual orientation, gender, gender identity, gender expression, veteran or military status (including special disabled veteran, Vietnam-era veteran, or recently separated veteran), predisposing genetic characteristics, domestic violence victim status] or any other protected category under applicable local, state or federal law. https://www.tiffin.edu/academics/calcat
All complaints of sexual harassment/misconduct, domestic violence, dating violence, bullying, cyber-bullying, stalking, or discrimination should be reported to Dr. Perry-Fantini, Vice Provost for Equity, Access, & Opportunity/Title IX Coordinator, [email protected] or 419-448-3504. You can report incidents or complaints at http://www.tiffin.edu/institutionaldiversity/titleix/Incident_Reporting.pdf.
· The Office of Disability Services supports the institutional commitment to diversity by providing educational opportunities for qualified individuals with disabilities through accessible programs and services in compliance with Section 504 of the Rehabilitation Act of 1973 and Title III of the Americans with Disabilities Act (ADA) of 1990. If you need reasonable accommodations due to a documented disability, you are required to contact the Juliene Huston, Coordinator for Disability Services at [email protected] or 419-448-3021, or Kenneth Santos, Assistant Coordinator for Disability Services at [email protected] or 419-448-3028.
· Veterans : The Veteran and Military Resource Center assists veterans, active Military, and spouses of current service members in utilizing their education benefits. VMRC provides information regarding benefit processes and procedures, as well as support in navigating the transition from military to academic life by facilitating connections with the appropriate support services on campus. Contact the Assistant Director of Veteran and Military. Services at 419-448-3340 ([email protected]) for assistance Veteran and Military Resource Center can be found at www.tiffin.edu/va
· Academic Honesty Statement : Academic honesty is expected at all times. Cheating and, or plagiarism may include, but is not limited to, using the work of someone else and claiming it as your own without acknowledgment of the original source, using unauthorized assistance on in-class or take-home examinations, projects, papers, tests, quizzes, etc., and, or submitting the identical academic work on more than one occasion for credit without consent. Plagiarized work, any kind, will result in at least a grade of “F” for the semester. You may find more detailed information in your Student Handbook.
· If you have questions about how to cite a source from a reference or other data, please refer to the Purdue Owl citation guide first, located in the Webliography in Moodle, then you can contact me for any additional assistance. Any violation of academic honesty will instantly result in a zero for the assignment as well as other possible sanctions by me and, or TU. Please refer to the current Student Handbook and, or Academic Bulletin for more detailed information.
· The work you turn in will be free of errors, organized and typed. All written assignments require correct grammar, spelling, and punctuation and are part of your grade
· FERPA: This institution is covered by the Family Educational Rights and Privacy Act of 1974 (FERPA), as amended, which is designed to protect the student’s rights with regard to educational records maintained by the institution. Under this Act, a student has the following rights:
· The right to inspect and review educational records maintained by the institution that pertain to the student;
· The right to challenge the content of records on the grounds that they are inaccurate, misleading or a violation of privacy or other rights; and
· The right to control disclosures from the educational records with certain exceptions.
Tiffin University, in accordance with FERPA, has designated the following categories of information about students as public or directory information: name, address, email address, telephone numbers (home and work), major, participation in officially-recognized activities, dates of attendance, degrees and awards received (including honors), and most recent previous educational institution attended.
Any student has the right to have directory information withheld from the public by indicating so on the admission application or by notifying the Office of Registration and Records in writing. A written policy detailing how Tiffin University will comply with the provisions of the Act is on file in the Office of Registration and Records. Students also have the right to file written complaints with The Family Policy Compliance Office, U.S. Department of Education, 600 Independence Ave. SW, Washington, DC 20202-4605, regarding alleged violations of the Act.
· Moodle and Non-Moodle Technical Support: Blackboard Student Services will provide 24x7 Moodle helpdesk support for all Tiffin University students and faculty. Locate contact information for Blackboard Student Services (Moodle-related issues) and for Tiffin University ITS helpdesk (non-Moodle related issues) on your Moodle Home page.
· E-mail Communication: As a student at Tiffin University, you are expected to use your Tiffin email account for all communication with your professor. If you fail to check your Tiffin email account, you may be missing information regarding this course, and you will be held responsible for this.
· This syllabus is subject to change. Everyone will be notified of any changes well in advance so that adjustments can be made as needed.
· If you have questions or comments about the class or the material, it is important that you contact the instructor. You are encouraged to provide feedback and ideas for the class.
Evaluation:
· Participation in a Supreme Court Hearing. It will be worth 20% of your total grade. It is all right to discuss your opinions and ideas with other students, as learning can be a cooperative experience.
· Your Case Studies and Paper will be worth 25% of your total grade.
· Case briefs will collectively be worth 25% of your total grade.
· Late assignments will only be accepted after one week, barring serious illness or hospitalization, death in the family or natural disaster, and receive a penalty of at least 25%.
· Class participation will be worth 30% of your total grade. Make sure you turn in your form or you will not receive credit for that particular class.
· Each unexcused absence will reduce your final grade by one letter.
Grades:
· 100 90 = A; 89 80 = B; 79 70 = C; 69 – 60 = D
How will I do the Assignments?
· Moodle Companion – Use the Moodle Companion for resources, handouts and Web Sites. If you submit an assignment via Moodle Companion, you must include your name in the title of the file, otherwise the assignment will not be graded.
· Readings – Each chapter contains reading material related to a specific topic on the Constitution, followed by court cases, and then resources to help you understand the chapter material. While reading the chapter, write down an idea, comment or a note to yourself. Use these for the class discussions.
· Taking Notes – Using your notes to reflect and assist you in your understanding of the material.
· Class Participation – Participate in discussions, take notes and use other students’ opinions to help you formulate your own.
· Case Briefs – The case briefs in the chapters will be divided among the class members. These will be due every Thursday. Follow the sample of the brief attached to this Syllabus. Note that the "brief" below is exactly that: a very brief summary of the case. It highlights the basic issue, the essential facts, the decision of the Court, and the arguments set forth in the majority and dissenting opinions. You should include a brief comment on the significance of the case. Late briefs will be accepted only one week after the due date and will include a 20% reduction in grade. Late work will only be accepted after one week, barring documented illness, documented death in the family, or natural disaster.
· Case Studies – Locate ten Supreme Court cases and cases from Appeals Courts and District Courts that relate to your major or intended field. Note the main point of the case, the outcome, and why it is important, its influence on, to your major or field.
· Paper – Reflect on what you learned by doing the Supreme Court Hearing and the court case involving related Constitutional issues. Use the material from the class and assess your decision making and opinions on the case.
COURSE PLANNING GUIDE
|
Date |
Assignment |
Area |
|
January 14 |
Introductions, Constitution |
|
|
January 17 |
The Supreme Court & The Constitution Understanding the SC |
Chapter 1 |
|
January 21 |
|
|
|
January 24 |
The Judiciary |
Chapter 2 |
|
January 28 |
Bill of Rights |
Chapter 3 |
|
January 31 |
Supreme Court Prep Bill of Rights |
Chapter 3 |
|
February 4 |
Religious Freedom |
Chapter 4 |
|
February 7 |
Religious Freedom |
Chapter 4, Brief Due |
|
February 14 |
Freedom of Speech, et al |
Chapter 5 |
|
February 18 |
Freedom of Speech, et al |
Chapter 5, Brief Due |
|
February 21 |
Freedom of the Press |
Chapter 6 |
|
February 25 |
Freedom of the Press |
Chapter 6, Brief Due |
|
February 28 |
Libel, Obscenity, C&V |
Chapter 7, Brief Due |
|
March 11 |
Right to Bear Arms |
Chapter 8 |
|
March 14 |
Right to Privacy |
Chapter 9, Brief Due |
|
March 18 |
Right to Privacy |
Chapter 9 |
|
March 21 |
Investigations & Evidence |
Chapter 10, Brief Due |
|
March 25 |
Attys., Trials & Punishments |
Chapter 11 |
|
March 28 |
Attys., Trials & Punishments |
Chapter 11, Brief Due |
|
April 1 |
Race Discrimination and the Foundations of Equal Protection |
Chapter 12 |
|
April 4 |
Race Discrimination and the Foundations of Equal Protection |
Chapter 12 |
|
April 8 |
Prepare for Hearing |
Cases Studies Due |
|
April 11 |
Prepare for Hearing |
|
|
April 15 |
Supreme Court Hearing |
|
|
April 19 |
Justices Meeting |
|
|
April 22 |
Discrimination |
Chapter 13 |
|
April 25 |
Voting |
Chapter 14 |
|
May 2 |
Final Exam 8:00 A. M. |
Paper II Due |
POL 400 CASE STUDIES & PAPER REQUIREMENTS
Paper should be typed (using no large fonts, e. g., Chicago), double-spaced and with a minimum margin of .75” on all sides.
Cite your sources with a recognized format that you are comfortable, but do not make one up. The use of semi-colons is prohibited.
Plagiarism will result in at least a failure of the project and may include failure of the class. Please refer to your Student Handbook for definitions and further penalties. If you have any questions, please consult the instructor.
This is a 400 level class, so the sophistication of your paper should reflect this level. Take a Constitutional issue from your reading or case briefs, which resonates with you. This paper will be an analysis of the topic and provide the reader with information to make a more informed opinion.
Case Studies:
· Consider major topics, practices or policies in your major or intended field of
employment.
· Make a one (or two)-sentence description of what the case is about.
· Review the precedent that decided the case.
· Reflect on the precedent that this case made to your major or field.
Length, no more than one paragraph, about one-third to one-half a page.
"How to Brief a Case"
[Based on previous material] by John M. Scheb, II
Briefing a case helps one "digest" its contents. Preparing briefs is also an excellent means of studying court cases. Below is an example of a case brief prepared in a recommended style. Note that the "brief" below is exactly that, a very brief summary of the case – one page. It highlights the basic issue, the essential facts, the decision of the Court, and the arguments set forth in the majority and dissenting opinions. The brief is concluded with a commentary on the significance of the case.
Plessy v. Ferguson (1896)
Issue: Is a state law requiring "equal but separate" facilities for Whites and Blacks a violation of the Thirteenth and/or Fourteenth Amendment?
Facts:
· Louisiana legislature enacted a statute providing that “all railway companies carrying passengers in their coaches in this state, shall provide equal but separate accommodations for the white, and colored races”
· It stated that “[n]o person or persons shall be permitted to occupy seats in coaches, other than the ones assigned to them, on account of the race they belong to” or face imprisonment
· Homer Plessy, who was 7/8 White and 1/8 Black, was ejected from a passenger train after refusing to vacate a seat in a car reserved for Whites and was arrested and prosecuted.
· After unsuccessfully attacking the statute in the Louisiana Supreme Court, Plessy obtained review by the U.S. Supreme Court.
Supreme Court Decision: Judgment of Louisiana Supreme Court affirmed; Louisiana statute upheld.
Opinions:
Majority:
· Segregation is a reasonable exercise of the state's police power to maintain public order and peace.
· Segregation is not a "badge of slavery" and is therefore not a violation of the Thirteenth Amendment.
· The compulsory segregation of the races is permissible under the Equal Protection Clause of the 14th Amendment as long as equal accommodations are provided.
Dissenting:
· Compulsory segregation is an infringement on the personal liberties of persons of African descent.
· The Equal Protection Clause of the Fourteenth Amendment prohibits the state from treating people differently merely on account of their race.
· Forcible segregation is a badge of inferiority, a vestige of slavery, and therefore is also a violation of the Thirteenth Amendment.
· In respect of civil rights, all citizens are equal before the law.
Comment: The "separate but equal doctrine" adopted in Plessy v. Ferguson provided a justification for the "Jim Crow" laws enacted in the late nineteenth century. The Supreme Court eventually repudiated this doctrine, beginning with Brown v. Board of Education (1954).
.
2
This Syllabus may be changed due to conditions not realized at the start of the Term.