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 at callin@cornellcollege.edu.
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, a detailed
schedule of my activities is available from any campus computer using
Microsoft Outlook (available to students without charge from ResNet).
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 briefs and
take-home quizzes (if any) by means of e-mail attachments. Please
save your submissions in WordPerfect (*.wpd) or Word (*.doc) or Rich
Text (*.rtf) formats. Unless instructed otherwise, 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.
in Room 302, South Hall. For details and irregularities check Course
Calendar & Assignments.
Books: The following are available
at the bookstore:
David M. O'Brien: Storm Center
(6th edition, 2003)
Craig R. Ducat: Constitutional
Interpretation, Powers of the Government Volume I (8th edition, 2004)
The following are on reserve in the library:
UCLA Moot Court Honors Program: Handbook of
Appellate Advocacy (3rd edition, 1993)
Use of this resource is required for the completion
of your appellate advocacy assignment. Use of the other reserve materials,
below, is strictly optional.
C. Edward Good, Mightier Than
the Sword: Powerful Writing in the Legal Profession (1989)
Peter Irons & Stephanie Guitton:
May It Please the Court (1993) [both book & audio tape]
William C. Louthan: The United
States Supreme Court (1991)
Albert P. Melone: Researching
Constitutional Law, 2nd ed. (2000)
Helene S. Shapo, Marilyn R. Walter
& Elizabeth Fajans: Writing and Analysis in the Law (1991)
Lawrence H. Tribe & Michael C.
Dorf: On Reading the Constitution (1991)
Library Resources: Russell
Cole Library has all the resources you will need for this course. For
an overview of relevant holdings consult Legal
Resources of the Russell Cole Library. For information on how
best to use these resources consult A
Guide to Legal Research. You will need to access the decisions
of the United States Supreme Court on a regular basis. They are published
by the U.S. government (United States Reports, abbreviated U.S.)
and by various private companies. The United
States Supreme Court Reports, Lawyers' Edition (L. Ed.) is
now published by LEXIS Law Publishing. The Supreme Court Reporter
(S. Ct.) is published by the West Group. The U.S.
Reports is available on microfiche (Government Documents, Ju6.8)
in the library, but more user-friendly versions are available on line
from LEXIS-NEXIS,
Find Law, the Legal
Information Institute, and the Supreme
Court itself.
The University of Iowa Law Library:
Located in the Boyd Law Building just southwest of the intersection of
Burlington and Riverside in Iowa City, the library is open to the public
for long hours, seven days per week. This is an exceptional--and relatively
user-friendly--resource. If you are in the mood for a road trip, you might
want to visit a major law library. However, most of what's there is already
available to you on line from LEXIS-NEXIS.
Internet Resources: The
premier Internet sites for the kind of work you will be doing this term
are LEXIS-NEXIS,
a premium service available to you through the Cole Library; the Legal
Information Institute (LII), a free service of Cornell University
Law School; and Find Law, a free
site owned by the West Publishing Group. You might be interested to know
that an alumnus of this class, Marlow Green, Cornell College Class of
1994 and Cornell Law School Class of 1997, was an editor on the Legal
Information Institute site while he was in law school. Links to these
sites and many more are usefully arranged at the Department of Politics
Research Links page.
See also the Guide
to Legal Research on-line at Cole Library.
Synopsis: This course addresses
itself to three broad and interrelated themes of constitutional interpretation:
The Separation of Powers (The Struggle for Governmental
Supremacy)
The Federal System (The Struggle for Intergovernmental
Supremacy)
The Regulation of Business (The Struggle for Economic
Supremacy)
I have expressed each of the three central
themes in terms of struggle in order to remind you that the study of "law"
is also the study of politics and power. Court cases have winners and
losers, and court decisions help determine the configuration of our society.
Although the chapters of the text book and the structure of the course
begin with the separation of powers and move through federalism to business
regulation, the three themes overlap extensively. Indeed, that is what
suits them for consideration in a single course.
Requirements: Your grade
for this course will be based upon the following factors:
Readings, Exams and
Quizzes [40%] -- All reading must be completed by class time
on the day for which it is assigned. Reading assignments are part
of the Calendar & Assignments.
Please allow yourself plenty of time for careful study. You will discover
that casual reading of court cases is not terribly productive. There
will be a total of four quizzes in the course of the term. They may
or may not be announced in advance. The quizzes will preview most
of the kinds of questions you will confront on the final exam. Your
best three quiz grades will each account for 5% of the final course
grade. A comprehensive final examination will count for an additional
25%. 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 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. These provisions are not meant to discourage
group study or group preparation for exams and quizzes--both of which
are encouraged--but "group notes" or "group briefs" may not be used
in exams and quizzes. These comments are meant to supplement the general
rules concerning Intellectual Integrity
that apply to all courses at Cornell.
Case Briefs
[20%] -- Each student will submit two case briefs in the course of
the term. Each brief will count for 10% of the final grade. This is
your best chance to pad your grade.
Appellate Brief and
Oral Argument [30%] -- Each student prepare an appellate
brief and argue a constitutional case before the class.
Class Participation [10%] -- The
final 10% of the course grade will reflect the total subjective evaluation
of your instructor as to your contribution to the class.
CASE BRIEFS
Purpose:
This assignment is designed to bring to the student a greater familiarity
with specified cases than can be achieved by reading the predigested
material of a casebook. It is also designed to enhance familiarity with
the documentary record of the court, improve critical reading skills,
and introduce a technique for reading and understanding court cases
upon which law students and lawyers depend heavily. For further information
see Melone (on reserve).
The Brief: Most of the
material for American Constitutional law consists of judicial opinions,
the intelligent reading of which is both an art and a science. In order
to make the critical information more accessible, law students and others
who read such opinions regularly will generally evolve some standard
format for their notes on a case--these notes are the "brief." You are
encouraged to "brief" all the cases we study. There are two ways in
which you will be formally encouraged to develop your briefing technique:
(1) Use of personal notes will be permitted on quizzes
and exams. (2) In the course of the term you will be required to
submit two special briefs which will be graded. While you may use any
format which pleases you for your personal notes, the graded briefs
must adhere to the format which follows.
Please center the title and full citation
(with inclusive page numbers)
on the top two lines, use the seven labels which appear in italics below,
and double-space between sections. See the Model
Case Brief for an example.
Smith v. Allwright 321 U.S. 649-83 (1944)
Facts:The
fact pattern (Who did what to whom?) that created a controversy for
the court to decide?
Issues: The
questions of constitutional or statutory interpretation raised by the
case. Legal questions should be stated with precision and capable of
being answered "yes" or "no." Stating the legal issues of a case with
precision is an acquired skill. For some guidence, please consult Formulating
a Legal Question.
Decision and Action:
"Decision" asks how the Court decided the questions in the previous
section. "Action" asks how the Court disposed of the case.
Opinion of the Court:
Which justice wrote the opinion of the court? Which justices joined
in the opinion? What are the central arguments in support of the court's
decision of each question?
Concurring and Dissenting
Opinions: (List each opinion separately.) Which justices
concurred? Which dissented? How do these opinions differ from the opinion
of the court?
Summary (Holding):
An extremely precise and concise statement of the legal principles established
by the decision.
Significance:
What was the real-world political, social, or economic impact of this
decision?
Assignment:
Select two of the primary cases for this
course. For the purposes of this assignment, a primary case is a
case whose name appears in the Calendar &
Assignments section of this syllabus. Limit your selection to
cases decided by the Supreme Court of the United States. Do not
select Marbury v. Madison or Baker v. Carr because
they are used as examples in your course materials. Select at
least one case that exceeds 29 pages in the U.S. Reports.
Read each case in the original and prepare a brief
according to the format above.
Submit briefs single-spaced and no longer than
900 words.
The first brief is due no later than the eighth
day of the term. The second is due no later than the sixteenth day.
These deadlines are noted in Calendar &
Assignments. Earlier submissions are encouraged. Indeed, the
ideal plan is to impress your instructor twice by selecting a case
and preparing your brief in time to make a particularly expert contribution
to the discussion in the class for which the case was assigned.
APPELLATE BRIEF
& ORAL ARGUMENT
Purpose:
The purpose of the Appellate Brief and Oral Argument assignment is to
practice the research and advocacy skills which are characteristic of
liberal education and essential for the legal trade, and to do so in a
situation which simulates to some degree the real-world legal environment.
Stages in the Assignment:
CASE ASSIGNMENT:
On the third day of the term a random device will be used to assign
students to cases. Each case will have two students assigned, one
to the petitioner and one to the respondent. In the event that an
odd number of students are enrolled in the course, one case will be
assigned ex parte. The same day you will receive a schedule of dates
on which particular cases will be argued.
THE RULES OF ETHICS: These rules supplement
the general rules of Intellectual
Integrity which apply at Cornell College.
a. Secrecy: Lawyers may not divulge or in any way hint at the
actual historical outcome of the case at bar. Others may not investigate
the case. If you inadvertently come across some citation or reference
to a case being argued before the class by someone other than yourself,
forget you saw it.
b. Forbidden Research: You may not consult the actual briefs
filed in the case or the transcripts or recordings of the actual oral
arguments. There are two reasons for this rule. First, the risk of
plagiarism is too great. Second, these materials are more likely to
confuse than to clarify your case. All effective writing is tailored
to the audience being addressed. We might as well face the facts:
real supreme court justices know a bit more constitutional law than
we do. A brief or oral argument that would be appropriate addressed
to them would probably be too technical for us and would therefore
not be persuasive in this court. However, you are encouraged to consult
real briefs for cases other than your own, such as the Brief
for the Petitioners in Lawrence and Garner v. Texas (2003),
which overturned the state's anti-sodomy law. This is what a modern
brief to the United States Supreme Court looks like. Note that A
Good Argument is a Hierarchy of Contentions.
c. Suspension of History: Cases must be argued and decided
in their appropriate historical context. It follows that counsel and
court alike must render themselves temporarily--but totally--ignorant
of any decision or event subsequent to the date of the oral argument
in the original case. It follows that you may not quote or otherwise
use any fact or historical document that post dates a case's argument
berfore the Supreme Court. Obviously that includes the Supreme Court
opinions in your case. (More on this in the following paragraph.)
THE APPELLATE BRIEF: After you have
your assignment and before your presentation date you have the following
duties:
a. Study your case with great care. Learn "everything" you
can about it consistent with the ethical rules above. Learn particularly
about the constitutional issues on which the case must be decided.
There are three key sources for this research. In each case there
is no useful substitute for the primary sources. (1) The synopsis,
decision and opinions of the Supreme Court in your case. Collectively,
these opinions provide you a shortcut to [a] understanding
the legal and Constitutional issues raised by the case you will argue
and [b] identifying the relevant precedents. Note, however,
that the "Suspension of History" rule prohibits your making
any direct use of these documents in your brief or oral argument.
(2) The lower court opinions is your case comprise the second
key source. These are part of the history of your case, and they may
be cited and quoted directly. They are your best source for understanding
the facts of your case. (3) The relevant precedents. The Supreme
Court and lower court opinions will clue you in to the key precedents.
It is important that you identify and master them.
b. Prepare a written brief of your argument. This is not a
study brief of a decision already made like those discussed above.
Those briefs are designed to help you learn the basic elements of
the cases you read. This is an advocacy brief--a synopsis of the most
critical arguments and precedents which favor your side of this controversy.
Briefs should follow the form set out in the Handbook of Appellate
Advocacy (on reserve) except that you may omit Topical Index,
Table of Authorities, Opinions Below, Jurisdictional Statement and
Summary of Argument. The Handbook of Appellate Advocacy provides
detailed guidance for preparing an effective brief. (Note:
It is even more important for you than it would be for an attorney
arguing to real judges that you explain the pertinence
of every precedent upon which your argument relies. Never make an
assertion supported simply by a case reference. Describe
the pertinent elements of each precedent you cite and explain
why that precedent ought to be determinative in your case.) The Supreme
Court of South Hall now requires electronic filing of briefs. Your
brief must be distributed to every member of the class by e-mail attachment
not later than 11:00 a.m. on the day prior to your oral argument.
Members of the court must print, study, and annotate the briefs in
preparation for oral argument. [Notes:To save paper, your briefs
may be formatted single-spaced. An exceptionally good Student
Brief is available for your scrutiny. To get a clear picture of
the real thing please examine the successful Brief
for the Petitioners in Lawrence and Garner v. Texas (2003).]
c. Study your opponent's brief, and concentrate on how you can
most effectively counter the arguments that he/she intends to make.
If you have done your research well, your opponent's brief will contain
no surprises.
FORMAL ORAL PRESENTATION:
On the day of the oral argument attorneys for petitioner and respondent
will be given 10 minutes each to present their cases to the court
(made up of the professor and the rest of the students in the class).
Since you have already presented your case in detail to the court
in your brief, you may want to emphasize your main themes and respond
in some detail to the contentions made by your adversary. If you are
attorney for the petitioner and use less than the full ten minutes,
you may reserve the remainder for rebuttal. If you are attorney for
the respondent, you have the opportunity to rebut the petitioner's
case in your initial presentation. You may not reserve time for rebuttal
unless attorney for the petitioner has done so. As in the Supreme
Court, the time limit will be rigidly enforced. Attorneys are reminded
that preparing the written brief and preparing the oral argument are
different tasks. Although our format differs significantly from that
of a real appellate (or law school moot court) hearing, the general
advice on preparing for and delivering an oral argument in the Handbook
of Appellate Advocacy still applies. You may want to listen to
some experts argue real cases before the Supreme Court. See Irons:
May It Please the Court (1993) [live recordings of oral arguments
before the Supreme Court] on reserve for this course.
QUESTIONS: Following the formal
presentations, attorneys will be questioned by members of the court.
Again, consult the Handbook of Appellate Advocacy for general
advice. Subsequently, attorneys will be dismissed, and the court will
deliberate "in conference." Eventually, the court will vote a decision,
attorneys will be recalled and informed of our decision, and the real
world outcome of the case will be revealed and discussed.
EVALUATION: Your brief, formal
oral presentation, and response to the court's questions will be evaluated
independently, and your grade for the project will reflect the quality
of its three components. You will receive a written evaluation of
each component.
DECEMBER 2, 2003
