INTRODUCTION TO
Syllabus – Fall 2009
Professor Cole
Course Description
This course provides a substantive or doctrinal overview of core subjects typically covered during the first year of American law school, beginning this semester with two aspects of
First, I will rely on a lecture format in order to present essential “black letter” and public policy aspects of
Second, we will devote a significant amount of class time to problem-solving and discussion based on the hypothetical examples included in your textbook and other questions and comments that I may post on the class website. Please keep in mind that we are aiming less for correct answers (whatever that might mean) than we are for persuasive arguments. Focus your efforts on applying given rules to new fact patterns, utilizing your legal imagination, and setting forth your ideas in clear, concise language.
Third, I will employ the so-called “case method.” This means I will distribute a representative or principal case, which I expect you to read and brief carefully. These cases are the building blocks of the common law, so be prepared to present the key facts, legal reasoning, and holding of these cases in response to Socratic-style questioning. I am not interested in intimidating or humiliating anyone. I do want to nudge you into thinking and speaking in the style of an American lawyer.
Fourth, following closely along the lines of the case method, we will hold a series of moot court sessions in which students will take opposing sides on landmark court decisions. I will divide the class into six groups, so that you will be responsible for preparing your moot court arguments on a rotating basis. I will provide more details in coming weeks, but I expect moot court to be the most fun and challenging assignment you will likely face in this course.
Finally, I have created a class website (http://uslawtlbu2009.blogspot.com/), on which I will post additional commentary and materials regarding class topics. You will find on most days, I always seem to forget something important during class time, so please check in at the website from time to time to supplement your notes.
Reading Assignments (TENTATIVE)
I. Constitutional Law – National Powers
Class 1 – Introduction to
Class 2 – Judicial Review
Marbury v.
Textbook Part I, pp. 10-18, 31-49
Class 3 – Justiciability
Lujan v. Defenders of Wildlife
Textbook Part I, pp. 97-114, 135-151
Class 4 – Justiciability (continued) - Ripeness, Mootness, Political Questions
Class
Class 6 – Federalism & States’ Rights
Law review article (to be distributed by email)
Textbook Part I, pp. 258-268
Class 7 – Separation of Powers
“Unitary executive theory” (article to be distributed by email)
Textbook Part I, pp. 289-335
II. Constitutional Law – Individual Rights
Class 8 – Substantive Due Process
Griswold v.
Textbook Part II, pp. 1-18, 55-81
Class
Class 10 – Equal Protection, Part I
Textbook Part II, pp. 197-247
Class 11 – Equal Protection, Part II
Class
Class 13 – First Amendment: Free Speech
Textbook Part II, pp. 319-346
Class
Class 15 – First Amendment: Free Press
Law review article (to be distributed)
Class
Class 17 – First Amendment: Establishment Clause
Lemon v. Kurtzman
Textbook Part II, pp. 427-460
Class
Class 19 – Fifth Amendment: Power of Eminent Domain
Tahoe case (to be distributed by email)
Textbook Part II, pp. 125-152
Class
Class 21 – Moot Court #6 - D.C. v. Heller (handgun ban)
Class 22 – Semester review
Class 23 – Semester review
Class 24 – FINAL EXAM
Examinations and Grading
Grades are based 75% on your performance on the final exam, which is tentatively scheduled for Thursday, December 17, and 25% on your classroom participation and performance, particularly during moot court sessions. However, as professor, I reserve the right to raise or lower any student’s grade by up to one letter grade (e.g., from a C+ to a B+, or vice versa) based on exceptional contributions or attitude.
Contact and Office Hours
I welcome students to stop by my office (Room 2-607) during early afternoon hours Tuesday and Thursday, but it will probably be easiest for both of us to arrange for individual appointments in advance. You may also submit brief, class-related questions directly to me by email at cdcole9@gmail.com or contact me by telephone at TLBU extension 1130. However, I encourage you to submit your written questions and comments through the class website, so that all students may benefit from our exchanges.