Form: 1/1 (lecture/seminar)

Instructor: Kryštof Kozák

Email: kozak@fsv.cuni.cz

Consultation hours SS2018: Tuesdays, 10:30-12:00, J3080

Final exam dates: TBA

Due date for written assignments: June 10, 2018. It is sufficient to send essays via email to kozak@fsv.cuni.cz. Each day of delay means 1% less in the overall grade.

List of legal terms for the final exam is available in the SIS system.

Full Powerpoint presentations on federal courts, state courts and the judges, some will be used in the class:

http://people.uncw.edu/meinholds/lawcourtsandpolitics/

Source: David W. Neubauer, Stephen S. Meinhold: Law, Courts and Politics in the United States, 4th edition.

Course description:

The course will introduce the students to the U.S. legal system from a European perspective. Role of law in U.S. society as well as various current issues concerning the U.S. legal system will be discussed. First part of the course will focus more on history and development of U.S. law, the second part will cover specific areas of contemporary law. No previous experience with legal studies necessary for enrollment, the emphasis of the course will be on social and political consequences of legal norms.

Course requirements:

1. Active participation, including thorough preparation for each class - 10 %

Students will be required to read and discussed assigned texts. The texts are available online or in the SIS system. Students are expected to check the availability of the text in advance and notify the instructor of any problems with access. If a student has more than two absences, he is required to write a critical analysis of readings (min. 3500 characters with spaces) for each additional missed class.

2. Newsletter - 10 %

Each student will once per semester send one interesting as well as relevant newspaper or magazine article about a legal issue in United States to the rest of the class by Sunday, 23:59. before the Tuesday class (mailing list will be provided). He/she should provide two insightful analytical questions related to the article. All students are supposed to read it and be prepared to discuss the questions provided. The student who sent the article should be ready to explain why did he select it and what are the main legal issues behind it.

3. Written assignment - 40 %

Minimum 9000 characters including spaces. Provide simple references when applicable.

Option A:

Written report based on the recent Supreme Court ruling. The report should contain introduction on the factual and legal merits of the case, arguments of both sides, the decision and supporting arguments and precedents.

Option B: Book review

Instead, you may choose any book on the course Bibliography or in our Library relevant the course (those books that do not appear on the course Bibliography should be submitted for our approval) and write a book review of 5 pages minimum (9000 characters with spaces). For the purposes of this assignment, a book will be defined as several chapters in a book (usually the introduction, conclusion, and at least two from the middle). A book review is not the same thing as a book report, which simply summarizes the content of a book. When writing a book review, you not only report on the content of the book but also assess its strengths and weaknesses. Though there is no "correct" way to structure a review, the following is one possible approach.

Summarize the book and relate the author's main point, or thesis. What are the questions that the book tries to answer? (Somewhere early in the paper, identify the author briefly.) Describe the author's viewpoint and purpose for writing; note any aspects of the author's background that are important for understanding the book. Note the most important evidence the author presents to support his or her thesis. Evaluate the author's use of evidence, and describe how he or she deals with counter evidence. Is the book's argument convincing? If so why, if not, why not. Cite examples from the text. Compare this book with other books or articles you have read on the same subject. Conclude with a final evaluation of the book. You might discuss who would find this book useful and why. (This text and more tips for how to write book reviews are available at http://courses.washington.edu/tande/book_reviews.htm).

Option C:

Law review essay

Select any article from the Harvard Law Review or a similar respected high-profile academic journal. Write a report about the article. You should introduce the article in the first half and provide a critical assessment of its main arguments in the second half (min. length 5 pages, 9000 characters including spaces).

4. Final exam - 40%

In the first part, students will have to provide definitions for basic terms and concepts including mandatory Supreme Court cases, the second part will contain questions focusing on the assigned readings and the last part will contain an essay question requiring longer response based on thorough understanding of the course materials.

Course program:

1. Introduction (20.2.)

What is a legal system? Legal norms and everyday life, common law vs. civil law, natural law vs. positive law. Specifics of the U.S. system

2. U.S. Constitution from legal, economic and political perspective (27.2.)

a) Declaration of Independence

http://www.law.indiana.edu/uslawdocs/declaration.html

b) U.S. Constitution

http://www.constitution.org/constit_.htm

c) Constitutional Amendments I-XXVII

http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/billrights.html

http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/amendments.html

d) Charles A. Beard: An Economic Interpretation of The Constitution of The United States, MacMillan, New York, 1913

(pages 9-17 and 165 of the Word document are mandatory, the rest is recommended)

Mandatory cases: Salem Witchcraft Trials

http://www.law.umkc.edu/faculty/projects/ftrials/salem/salem.htm

John Peter Zenger Trial

http://www.law.umkc.edu/faculty/projects/ftrials/zenger/zenger.html

Marbury vs. Madison

http://writ.news.findlaw.com/commentary/20030224_grossman.html

http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/marbury.html

McCulloch vs. State of Maryland

http://www.law.cornell.edu/supct/html/historics/USSC_CR_0017_0316_ZS.html

http://www.law.cornell.edu/supct/html/historics/USSC_CR_0017_0316_ZO.html

Newsletter:

6.3. No class! Students are encouraged to see at least one documentary movie at the One World film festival related to United States, think about the underlying legal issues and present it at the beginning of the next class.

3. Law and economics in historical context, 19th century (13.3.)

a) Lawrence M. Friedman, Law in America, pp. 37-57, downloadable file (.pdf).

b) Oliver W. Holmes, Path of the Law (Harvard Law Review, 1897)

http://www.constitution.org/lrev/owh/path_law.htm

Newsletter:

Mandatory cases:

Dredd Scott vs. Sandford

http://en.wikipedia.org/wiki/Dred_Scott_v._Sandford

Lochner vs. New York

http://en.wikipedia.org/wiki/Lochner_v._New_York

Standard Oil Co. of New Jersey v. United States

http://www.justia.us/us/221/1/case.html

http://www.law.cornell.edu/supct/html/historics/USSC_CR_0221_0001_ZO.html

4. Law and politics in historical context II., 20th century (20.3.)

a) Lawrence M. Friedman, Law in America, pp. 124-158 , downloadable file (.pdf).

Newsletter:

Mandatory cases:

Abrams vs. United States

http://en.wikipedia.org/wiki/Abrams_v._United_States

5. Justice (27.3.)

Reading: Michal Sandel: Justice. What is the Right Thing to Do? Farrar, Straus, Giroux, New York, 2010. (selected chapter in SIS).

Look at least one lecture by Michael Sandel at Harvard:

http://www.justiceharvard.org/

Ronald Dworkin: The Case against Color-Blind Admissions, The New York Review of Books, December 20, 2012, available here:

http://www.nybooks.com/articles/archives/2012/dec/20/case-against-color-blind-admissions/

Newsletter:

Mandatory cases:

Grutter vs. Bollinger

6. Role of the Supreme Court in contemporary politics (3.4.)

Jeffrey Toobin: The Nine (excerpt), downloadable file (.pdf).

Ronald Dworkin, The Court’s Embarrassingly Bad Decisions, May 26, 2011, New York Review of Books (.pdf) in SIS.

Jon Wiener: Justice Stephen Breyer: Supreme Court is 'Not Political', The Nation, September 18, 2010.

http://www.thenation.com/blog/154808/justice-stephen-breyer-supreme-court-not-political

Recommended reading:

I Dissent : Great Opposing Opinions in Landmark Supreme Court Cases
Tushnet, Mark