Constitutional Courts
Law 579B
Political Science 533
I. Introduction to Courts, Law, and Social Science
(January 12, January 19, January 26)
A. Some Basic Questions (January 12, January 19)
1. What are Constitutional Courts?
2. Why Study Constitutional Courts?
B. Models of Constitutional Review (January 19)
C. Social Science and Your Readings/Projects (January 26)
Readings:
For January 19: Vicki C. Jackson and Mark Tushnet. 1999. Comparative Constitutional Law. Foundation Press, pp. 456-492.
For January 26: Cass R. Sunstein, David Schkade, and Lisa Michelle Ellman. 2004. "Ideological Voting on Federal Courts of Appeals: A Preliminary Investigation." Virginia Law Review 90: 301.
Project #1a is due on January 25.
2. Getting On and Off Constitutional Courts (February 2)
A. A Comparative Survey of Judicial Selection and Retention Mechanisms
B. Do Selection/Retention Mechanisms "Matter"?
C. The Debate over Compulsory Retirement and Your Research Project
Readings (for February 2):
Epstein, Lee, Jeffrey A. Segal, Nancy Staudt, and Rene Lindstadt. 2005. "The Role of Qualifications in the Confirmation of Nominees to the U.S. Supreme Court." Prepared for a symposium in the Florida State University Law Review.
Epstein, Lee, Jack Knight, and Olga Shvetsova. 2001. "Comparing Judicial Selection Systems." William and Mary Law Bill of Rights Journal 10:7 (Symposium).
3. Access to Constitutional Courts (February 9)
A. Getting into the Court
1. The Importance of Access
2. Formal Rules
3. Agenda Control
B. Agendas of Constitutional Courts
Readings (for February 9)
Caldeira, Gregory and John R. Wright. 1988. "Organized Interests and Agenda Setting in the U.S. Supreme Court." American Political Science Review 82: 1109.
Roy B. Flemming and Glen S. Krutz. 2002. “Selecting Appeals for Judicial Review in Canada: A Replication and Multivariate Test of American Hypotheses.” Journal of Politics 64: 232.
(Class will not meet on February 16)
Project #1b is due on February 18.
4. Decision Making (February 23, March 16, March 23, March 30)
A. An Introduction to Decisions (February 23)
1. Opinions Here and Abroad
2. Importing Law/Constitutional Borrowing (covered in more detail on March 30)
3. Discussion: Your Next Project
(Class will not meet on March 2. Please start your next project.)
(Spring Break is on March 9)
B. The Death Penalty Here and Abroad: A Case Study (March 16)
Readings (for March 16):
Gregg v. Georgia (1976)
The State v. Makwanyane, Constitutional Court of the Republic of South Africa (1995)
Atkins v. Virginia (2002)
Project #2a is due on March 18.
C. Sexual Orientation Here and Abroad: A Case Study (March 23)
Readings (for March 23):
Material on Canada (including the Supreme Court's decision in Reference re Same-Sex Marriage [2004])
Bowers v. Hardwick (1986); Lawrence v. Texas (2003)
Goodridge v. Department of Public Health (2003)
D. Importing Law (March 30)
(We'll discuss the readings, as well as view a video: Harold Koh, "The Supreme Court Meets International Law")
Readings (for March 30):
Take another look at the Supreme Court's decisions in Atkins and Lawrence
Alford, Roger P. 2004. "Misusing International Sources to Interpret the Constitution." American Journal of International Law 98: 57.
Posner, Richard. 2004. "No Thanks, We Already Have Our Own Laws." Legal Affairs. July/August.
5. Courts, Legislatures, and Executives (April 6)
Readings (for April 6):
Eskridge, William N., Jr. 1991. "Civil Rights Legislation in the 1990s: Reneging on History?" California Law Review 79:613.
Sweet, Alec Stone. "Constitutional Politics in France and Germany." Originally published in 1994. Comparative Political Studies 26: 443.
Helmke, Gretchen. 2002. "The Logic of Strategic Defection: Court-Executive Relations in Argentina Under Dictatorship and Democracy." American Political Science Review 96: 291.
6. The Public (April 13)
Readings (for April 13):
Gibson, James L., Gregory A. Caldeira, and Lester Kenyatta Spence. 2003. "The Supreme Court and the U.S. Presidential Election of 2000." British Journal of Political Science 33: 535.
Gibson, James L, Gregory A. Caldeira, and Vanessa Baird. 1998. "On the Legitimacy of National High Courts." American Political Science Review 92: 343
7. Unfinished Business (April 20)