:
Portions of this syllabus, some reading assignments, and the feedback
I will provide on your papers may make use of the portable document
format (PDF). PDF files generally print better than HTML files, and
they offer you the opportunity to print selected pages. PDF is also
the dominant file type used for delivering facsimiles of paper documents,
like court opinions and legislative reports, over the Internet. To read
PDF files on your personal computer you need the Adobe Acrobat Reader,
which you can download
without charge from the publisher's web site. This software is already
loaded on most college-owned computers.
Feedback:
Whether or not you are asked to complete a standardized course evaluation,
I am interested in your comments and suggestions for improvement of
the course, the readings, the assignments and this course description.
Feel free to send comments as you think of them. E-mail: callin@cornellcollege.edu.
Instructor:
Craig W. Allin, Room 307, South Hall. Telephone: Office, (895-) 4278;
Home, 895-8103. Phone messages may be left with faculty secretary Cheryl
Dake (895-) 4283 or in her voice mail box or on the answering machine
at my home. I do not check my office voice mail. If
I do not answer the phone, I recommend contacting me by e-mail.
Office
Hours: If I'm not in class with you, you can probably find
me in my office. Feel free to make an appointment or just show up. To
help you find me the current version of my schedule is available for
your electronic inspection over the campus network if you are using
Microsoft Outlook. This feature is not available with the free, bare-bones
version called "Outlook Express."
On the File menu, point
to Open, and then click Other User's Folder.
In the Open Other User's
Folder box, click Name and select Craig Allin from the list.
In the Folder box,
select Calendar from the pull-down menu.
E-Mail:
In order to provide quick and legible feedback on your work,
please deliver your papers, paper-preparatory submissions, and
take-home quizzes (if any) by means of e-mail attachments. Please
save your papers and other submissions in WordPerfect (*.wpd)
or Word (*.doc) or Rich Text (*.rtf) formats. Please use your
name for the file name. E.g., craig-allin.doc. It doesn't
help me find what I need if I have 25 files all named "paper."
Attach your file to an e-mail addressed to callin@cornellcollege.edu.
If you have not sent e-mail attachments before, check here
for instructions.
Class Meetings: 1:00 to 3:00 p.m. (and
sometimes from 9:00 to 11:00 a.m.) in Room 302, South Hall. For details
and irregularities check Course Calendar
& Assignments.
Synopsis: This is a legal policy seminar
designed to explore Constitutional principles, including equal protection
of the laws, privacy, and freedom of speech as they apply to issues
of race, gender, and ethnicity. The seminar has three interrelated
goals:
To provide you with a relatively sophisticated factual
understanding of American Constitutional Law in so far as it applies
to issues of race, gender, and ethnicity. We will accomplish this
primarily through our study and discussion of Constitutional
Law: Themes for the Constitution's Third Century by Farber,
Eskridge, and Frickey. WARNING: This is a genuine law school
text book written for students who have already earned their bachelor's
degrees.
To provide you with a relatively sophisticated factual
understanding of the role that Constitutional Law plays in the broader
political system as it addresses issues of race, gender, and ethnicity.
We will accomplish this primarily through our study and discussion
of The Hollow Hope: Can Courts Bring about Social Change?
by Rosenberg. WARNING: This is a genuine work of scholarship
written for a professional audience.
To equip you to enter intelligently into the current
policy debates over current hot-topic issues involving racial discrimination,
sex discrimination, equal opportunity, affirmative action, abortion,
pornography, privacy rights, hate speech, political correctness, etc.
We will accomplish this through our classroom discussions and through
your research and writing. These issues are all difficult, and they
are worth arguing in a setting that respects accuracy, intelligence,
integrity, and difference and eschews the bumper stickers and sound
bites that reduce political discourse to a rant. Don't be surprised
if you leave this class less sure of what you think than you began.
Certainty is often a product of ignorance.
Text Books: The following are available
for purchase in the bookstore.
Daniel A. Farber, William N. Eskridge, Jr., and Philip P. Frickey.
Cases and Materials on Constitutional Law: Themes for the Constitution's
Third Century. 2nd ed. St. Paul: West Publishing Co.,
1998.
Gerald N. Rosenberg. The Hollow
Hope: Can Courts Bring about Social Change? Chicago: University
of Chicago Press, 1991.
Attendance: Students
are expected to attend all classes and to complete all assignments
prior to class time on the day for which they are assigned. You
should read carefully and be prepared to discuss the assignments
intelligently. To protect your right to make up any missed work,
even officially excused absences must be communicated to me in advance.
No specific portion of the course grade is assigned to attendance
per se, but attendance is minimum condition related to your participation
grade.
Quizzes: There will
be three quizzes covering the assigned reading and discussion. Each
quiz will count for 10 percent of the course grade. Quizzes may
or may not be announced in advance. For
the purposes of exams and quizzes you may bring and use unlimited
notes and briefs so long as they are composed by you. Exams and
quizzes--and preparation for exams and quizzes-- are conducted on
an honor system. In each instance, you will be required to certify
that you have not accepted aid from another student, given aid to
another student, or used notes or materials except those composed
by you. Study groups and group preparation for exams and quizzes
are encouraged, but duplicated "group notes" or "group briefs" may
not be used during quizzes.
Individual Project:
Each student will complete a research paper and seminar report on
an approved topic. See below for details. This component will count
for 60 percent of the final course grade.
Class Participation and Fudge
Factor: The final 10 percent of the course grade will reflect
my assessment of your contribution to the success of the class.
GRADING
SYNOPSIS
Classroom Contribution
10%
Quizzes
30%
Policy Paper
30%
Seminar Report
20%
Policy Paper Rewrite
10%
Total
100%
INDIVIDUAL PROJECT:
Assignment
Learning Objectives:
To enhance your knowledge of a specific area of
legal policy and your understanding of the political issues related
to that area.
To improve your knowledge of research methods and
materials including especially scholarly sources, legal documents,
and specialized indexes.
To emphasize the role of grammar, punctuation, spelling,
mechanics, usage, and documentation in effective expository prose.
To master the use of a recognized style sheet.
To use critical comment effectively as a tool for
improving your writing.
To communicate your expertise effectively to an audience
using primarily the spoken word.
To enhance the class's knowledge of a specific area
of legal policy by means of your report.
Assignment:
Your job is to write a policy
paper of 3500 to 5000 words exclusive of illustrations, notes, bibliography,
appendices, etc. Your paper must address a significant question of
public policy bearing some substantial relationship to the general content
of this course, i.e., race/sex & the constitution, and about
which you have not previously written a college level paper. If in doubt,
consult.
Public Policy &
Policy Papers: A "policy" is a regular practice or a clear
course of action. (E.g., it is the policy of Cornell College to issue
grades once a month.) A "public policy" is any policy adopted by a government.
(E.g., it is the policy of the United States to exclude women from certain
roles in the armed services.) A "policy paper" is a concise document
that recommends a public policy and argues for the adoption of that
policy. Your policy paper--and the seminar report, which will be produced
from the same materials--will be developed through five stages. The
deadlines for each stage are listed on the Course
Calendar and Assignments page.
Stage I -- TOPIC
& RESEARCH BIBLIOGRAPHY
You must submit an e-mail
attachment describing your research topic and providing a working
bibliography for that topic. Selecting a topic requires only that you
identify an area appropriate for inquiry and susceptible to a public
policy recommendation. Your working bibliography should be sufficient
to demonstrate that you have located and have access to the information
that will be necessary to research your topic.
In most cases your bibliography
should include some mix of scholarly books, articles in scholarly journals
such as law reviews, and primary sources such as government documents.
See Research
in the Social Sciences: Politics and the linked Research Guides.
A paper that is overly reliant on popular magazines and newspapers is
not appropriate at the college level. If you are unable to find sufficient
real scholarship or primary materials relevant to your proposed topic,
you should probably take that as a sign and change topics.
The Internet is both a blessing
and a curse. The Internet is exploding with information: there are more
than 10,000 new web sites per day. Much of what is becoming available
on line is exceptionally valuable and comes from reliable sources. Examples
include Supreme Court decisions from the Supreme Court and Congressional
documents from the Library of Congress. On the other hand, much of what
is available is garbage. Consider that scholarly books and articles
have been reviewed by experts prior to publication as well as by editors
employed by the publisher. Even popular newspapers and magazines contain
information that has been subjected to a modicum of checking for accuracy
and balance. "Information" appears on the Internet without any guarantee
of accuracy beyond the professional reputation of the individual or
organization that posted it. This places an enhanced responsibility
on you to determine the reliability of your sources. See Locating
& Evaluating Internet Resources. Don't be duped into representing
somebody's misinformation or propaganda as fact. Don't expect me to
accept Internet sources that are not documented to a high standard as
outlined in Documenting
Internet Sources.
Choose one of the approved
style sheets and use it for your working bibliography. Please indicate
which style sheet you have chosen.
Stage II -- POLICY
RECOMMENDATION & OUTLINE OF CONTENTIONS
You must submit an e-mail
attachment stating your policy recommendation and setting
forth an outline of the contentions you intend to make for it.
Please note that articulating a good policy recommendation will require
you to have already completed much of the research on your chosen topic.
The policy recommendation is the paper's thesis. The outline of contentions
previews your paper's anticipated structure. Selecting a topic requires
only that you identify an area appropriate for inquiry and susceptible
to a policy recommendation. Stating a policy recommendation takes you
an important step further: you must determine, with some considerable
degree of specificity, what policy ought to be adopted with respect
to your topic. For example, "affirmative action" is a topic. "Congress
should repeal all minority preferences in federal procurement law" is
a thesis. Your thesis must state a policy within the legal power of
some officer, agency or institution of local, state, or national government
in the United States.
Your recommendation
and supporting arguments will be presented in a formal paper with appropriate
format, proper citations, etc. Remember, you are being asked to take
a position and make a case for it. Papers that take a position and argue
a case are very common at all levels in law, business, journalism, and
government. They may be called briefs (law), decision memoranda (business),
editorials (journalism), or policy papers (government). Whatever they
are called, good ones have certain characteristics. They are:
Convincing:
They state a conclusion and back that conclusion with reasoned argument.
The purpose is to convince the reader, and the better the argument,
the higher the probability of success.
Well
Researched: They are firmly rooted in careful research. You must
have a command of the relevant facts. You must understand your own
position and the positions of those with whom you disagree.
Concise:
They are not always short, but they must be concise. That means no
padding and no B.S. Papers such as these are meant for the eyes of
very busy decision makers: the judge, the corporate executive, and
the high government official. If you want to convince such a person,
you must stay on point.
Hierarchically
Organized: They organize the arguments to be made into the strongest
possible hierarchy of contentions. Refer again to
A Good Argument Is a Hierarchy of
Contentions.
Written with a Specific Audience in Mind: They
are mindful of the legal context and readership. Arguments appropriately
made to a Congressman concerning a proposed Constitutional amendment
would often be inappropriate to a court called upon to decide a matter
in the context of present law.
IMPORTANT
DETAILS:
Research:
I am looking for clear evidence that you have found and made use
of real scholarship and primary sources relevant to an understanding
and evaluation of the issues central to your paper. See TOPIC
& RESEARCH BIBLIOGRAPHY above for details.
Word Processing:
Please learn how to use your word processor to create the page display
features you want. A wordprocessor is not a typewriter. Do not try
to imitate centering, indents, tabs, tables, etc. by using the space
bar or enter key.
Page Format:
Format for 8.5 by 11 inch pages with one inch margins all around.
Please single-space using Times Roman 12 point or a very close approximation
thereof. Please
do not submit papers with justified right margins. Justified right
margins may look neat, but they make text harder to read.
Please do not divide
words at the end of lines. Please
use parenthetical citations in one of the approved
styles and identify the manual of style upon which you have
relied. When you are finished, save
your paper to a single file in WordPerfect, Word or Rich
Text format.
Title Page:
Begin with a title page that includes title and author and states
which of the approved style manuals you have used.
Title: The title is your first
opportunity to communicate with the reader. A catchy, cute, or humorous
title can pique the reader's interest. A descriptive title can communicate
something of the substance. A great title may succeed in doing both.
Abstract: Follow
the title page with an abstract or executive summary not to exceed
200 words. The abstract is the
paper in microcosm. It should contain the thesis and the best synopsis
of the arguments you can manage within the word limit.
Although the abstract appears at the beginning of the paper, logically,
you cannot write the abstract until the paper has been completed.
The abstract is not part of the paper. Neither the abstract nor
the paper should refer to the other, e.g, "In my paper I argue
that.. . ." Each should make sense apart from the other. Convention
dictates that the abstract should appear on a separate page labeled
"Abstract" or "Executive Summary" and located between the title
page and the main body of the paper.
Introduction:
Every paper needs some sort of introduction to prepare the reader
for what follows. A good introduction will introduce the papers's
topic and state the paper's thesis. Since this is a policy paper,
it follows that the thesis will be your policy recommendation. Your
introduction should also describe the plan of the paper so as to
provide a preview of the argument or road map for the reader.
Argument: Follow the introduction with the body of the
paper. Please be sure your policy recommendation appears in the
introduction and that the argument presented in the paper is consistent
with the structure previewed in your introduction. A persuasive
argument requires at least three things: (1) crystal clear articulation
of the thesis (policy proposal); (2) clear contentions backed by
relevant and reliable evidence; and (3) a fair presentation and
refutation of opposing arguments. As you present your argument,
bear in mind that each contention (assertion of fact) is a mini-thesis.
Be sure to present and document the evidence that supports each
contention.
Prose: I am looking
for effective use of the language. That means, at the least, clear
organization, effective use of paragraphs (and possibly subheadings)
to orient the reader, good transitions from one part of the text
to the next, a conclusion that is both substantive and relevant,
and correct grammar, punctuation, spelling and usage.
Documentation:
Provide citations for all direct quotations and specific facts beyond
the realm of common knowledge. Except when your reference is to
a book or article generally, that citation must lead the reader
to the specific page on which you found the quotation or facts cited.
Documentation is important for both ethical and practical reasons.
Ethically, documentation gives credit where credit is due. Practically,
documentation enhances the credibility of your work by demonstrating
its reliance on and relationship with credible sources of information.
I expect you to use parenthetical citations consistent with one
of the three styles of documentation approved for this course. See
the three styles
for documentation and Documenting
Internet Sources.
Tables & Figures: Please
insert figures and tables as close as practicable to the point in
your text where you make reference to them. Figures and tables should
be carefully designed so as to provide a large amount of information
in a compact and readily understandable form. Each table and figure
should have a title and be understandable in its own right independent
of the text. The text should call attention to each table and figure
and explain its importance to the purposes of the paper. If a table
or figure merely repeats information already contained in the text,
it is superfluous. Each table or figure must contain a full bibliographic
reference, typically following the word "Source:" If such a source
note is already part of the table or figure, you must still supply
full bibliographic information indicating where you found it.
Appendices & Reference List: Follow
the body of the text with appendices (if any) and your bibliography
or reference list. Remember to list all sources upon which you relied
whether or not you have cited them formally in the text.
Please follow your manual of style carefully. Please use my suggested
forms for Documenting
Internet Sources.
How to Succeed: Please consult Common
Sense for College Students on the Web for information and suggestions
pertinent to writing any paper. Consult
this example of a particularly good
paper written for this course.
Your Humble Servant (YHS): I am available to help you
when difficulties arise. Don't be shy about asking me! I am reasonably
harmless, and I actually know some stuff.
Stage
IV -- POLICY PRESENTATION
Your research
and recommendation will also be shared with the class in the form of
a seminar report. You will have 20 minutes to make your presentation.
You will not have sufficient time to read your paper, nor would it be
appropriate to do so. You will want to rework your material, including
text and illustrations (if any), for the most effective possible oral
presentation. Effective oral presentation depends on your knowing your
material well. Presentation from notes is preferred to reading from
a text, but reading from a text is better than rambling and confusion.
Visual aids often support, clarify, or add interest to oral presentations,
and we have the luxury of a classroom equipped for digital projection.
Clarity of organization is even more important in oral presentation
than in prose. A listener can't go back and rehear what you just said
the way a reader can go back and reread what you wrote. It's simple-minded
and formulaic, but it's often wise to preview your presentation ("tell
'em what you're gonna tell 'em") at the beginning and to review your
presentation ("tell 'em what you told 'em") at the end. Oral presentations
don't have formal notes or bibliographies, but it is still wise to communicate
sources of specialized information to the listener. E.g., "A 1997 study
by University of Michigan law professor Melissa James concluded that.
. . ." Your instructor and selected classmates will provide you with
critiques of your oral presentation.
Stage
V -- POLICY PAPER REWRITE
After receiving
a written critique of your policy paper, you will rewrite and resubmit
the paper making as many improvements in substance and presentation
as you can manage. The rewrite should be better than the original paper.
After all, you will have had the benefit of expert editorial advice.
As a practical matter, a conscientious effort to address the technical
problems that have been identified in your paper will preserve your
grade. More substantive improvements will enhance your grade.