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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)
Project #2b is due on April 27.
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