Class 1 - Syllabus

I have distributed our course syllabus by email, but I also post it here for your reference:

INTRODUCTION TO U.S. LAW I

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 U.S. constitutional law: national powers and individual rights. Our challenge is to approach a large volume of material in a short period of time. You should expect to encounter a combination of teaching methods.

First, I will rely on a lecture format in order to present essential “black letter” and public policy aspects of U.S. law in as simple and straightforward a manner as possible. This is probably the style of instruction you all are most familiar with, and I hope it will provide a basic outline and structure for your class notes.

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 U.S. Legal System and Common Law

Class 2 – Judicial Review

Marbury v. Madison

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 5 – Federal Powers – Commerce Clause

United States v. Lopez

Textbook Part I, pp. 207-248

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. Connecticut

Textbook Part II, pp. 1-18, 55-81

Class 9 – Moot Court #1 - Lawrence v. Texas, 539 U.S. 558 (2003)

Class 10 – Equal Protection, Part I

Textbook Part II, pp. 197-247

Class 11 – Equal Protection, Part II

Class 12 – Moot Court #2 - Grutter v. Bollinger (affirmative action)

Class 13 – First Amendment: Free Speech

Brandenburg v. Ohio; Spence v. Washington

Textbook Part II, pp. 319-346

Class 14 – Moot Court #3 - Morse v. Frederick (Bong Hits 4 Jesus case)

Class 15 – First Amendment: Free Press

Law review article (to be distributed)

Class 16 – Moot Court #4 - Times v. Sullivan

Class 17 – First Amendment: Establishment Clause

Lemon v. Kurtzman

Textbook Part II, pp. 427-460

Class 18 – Moot Court #5 - Lynch v. Donnelly (Christmas tree case)

Class 19 – Fifth Amendment: Power of Eminent Domain

Tahoe case (to be distributed by email)

Textbook Part II, pp. 125-152

Class 20 – Second Amendment: Right to Bear Arms

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.