Cmparative Cnstitutinal Law Curse 627-01, Spring 2012 Mnday & Wednesday, 2:30-3:45 pm, Rm 3 Prf. Sudha Setty Syllabus Curse Objectives Using a cmparative apprach t cnstitutinal law with a view t develping a critical understanding f hw different cnstitutinal systems deal with similar issues. Cnsidering hw cmparative cnstitutinal study can ffer insights int ur wn cnstitutinal system. Cnsidering aspects f the U.S. cnstitutinal system that have been cnsidered fr adptin by emerging cnstitutinal natins. Cnsidering the legitimacy f U.S. lawmakers r judges cnsidering r referring t freign cnstitutinal law in the creatin f U.S. law r in the decisin-making prcess fr U.S. cases. Overview f Curse This curse explres tpics arising in the cmparative study f cnstitutinal systems and cnstitutinal questins f law. The curse will first address brad questins, such as why cmparative cnstitutinal law is a relevant tpic fr study. We will then mve t a discussin f structural issues, including cmparative appraches t the separatin f pwers and judicial review. The remainder f the curse will address cmparative appraches t individual rights, including reprductive rights, freedm f expressin and the rights f minrities. Administrative Infrmatin & Expectatins Prf. Sudha Setty Office: 303 Phne: 413.782.1431 Email: sudha.n.setty@gmail.cm (preferred); ssetty@law.wne.edu Office Hurs: I will generally respnd t emails within ne business day. If yu have a substantive questin abut class discussin r the reading, I encurage yu t cme see me during ffice hurs. Mndays, nn t 2 pm, and by appintment.
Required Reading: Textbk: Drsen, et al., Cmparative Cnstitutinalism (2d editin, 2010). Page numbers in the assignments listed in the syllabus refer t the textbk. All material, including cmmentary, ftntes, questins, etc., within the assigned page range is included in the assignment. Bring the casebk t each class. Please make sure yu are registered fr the class TWEN site, as weekly discussin tpics and ccasinal supplemental readings will be psted there. Class structure and grading: Grading: Cmparative Cnstitutinal Law meets twice each week. Generally, we will cver ne tpic per week, althugh there may be sme weeks when we cver tw tpics (the list f tpics is at the end f the syllabus). Fr each tpic, we will generally discuss the reading assignment fr bth classes in a week, including case analysis, plicy cnsideratins and ther discussin questins. We will als use rle play and small grup activities t debate the advantages and disadvantages f differing cnstitutinal systems and prvisins. As yu can see, the Drsen textbk is encyclpedic, and we are nt ging t read and discuss all parts f this bk, r even half f it. Instead, we will be discussing selected tpics in mre depth ver the curse f the semester. There will be n final exam at the end f this curse. Yu will be evaluated n fur bases: (1) written respnses t the reading material and discussin questins fr seven tpics, (2) a presentatin and leading a class discussin n a tpic f yur chice, (3) a shrt research paper (12-15 pages) n the same tpic as the presentatin, and (4) class participatin. These elements are discussed in further detail belw. (1) Written Thught Respnses fr Each Tpic (20% f the verall grade)
In additin t the reading assignment fr each tpic we cver in class, discussin questins will be psted n the class TWEN site. Discussin questins will generally be psted n the class TWEN site each Wednesday fr the fllwing week s classes. Yu will be required t pst a respnse n TWEN t the discussin questins seven times during the semester. Respnses are due ne day prir t the start f the class in which we address that tpic (e.g., if we are ging t begin ur discussin f federalism n a Mnday, the discussin questins fr that tpic will psted the previus Wednesday, and written respnses must be psted n the class TWEN site by Sunday at 2 pm). These written respnses are meant t be brief (apprximately ne page, duble spaced) and thughtful respnses t the reading fr the week. They are nt meant t be research papers r plished finished prducts. As mentined abve, yu are required t pst a respnse fr seven tpics. Yu need nt tell me which seven weeks yu plan t pst a respnse just make sure that yu have cmpleted seven by the end f the semester (d nt pst a respnse during the week in which yu are giving a presentatin). The TWEN respnses will be graded n a scale f zer t three pints: 3 Pints Incrprates sme f the assigned material int the respnse and prvides insightful analysis and riginal thinking 2 Pints Incrprates sme f the assigned material int the respnse in an rganized and cherent manner 1 Pint Minimal indicatin that assigned material was reviewed. 0 Pints TWEN respnse nt submitted (and pass already used) The scre fr a late respnse will generally be dcked by ne pint. (If the respnse wuld have earned ne pint if submitted n time, ne-half pint will be awarded fr the late submissin). Respnses will nt be accepted fr questins related t material already cvered in class. (2) Presentatin n a Tpic (20% f the verall grade) Frm the list f tpics at the end f the syllabus, yu will pick ne tpic f particular interest frm Chapters 3 thrugh 8 and Chapter 12. Fr that selected tpic, yu will be required t:
(a) review the reading material in questin and meet individually with me at least ne week ahead f the class in which we will be discussing the tpic, (b) generate the discussin questins t be psted fr the tpic (ur individual meeting will assist in this prcess), (c) review the class TWEN respnses prir t the class discussin, and (d) make a presentatin. Yu shuld sign up fr a tpic yu are interested in fcusing n; I will pst a signup sheet n TWEN by the secnd week f the semester. Nte that if yu select a tpic frm Chapter 3 r 4, yur wrklad fr the semester is ging t be frntladed, whereas if yu chse a tpic frm Chapter 7 r 8, yur wrklad will be back-laded. Presentatins can take any number f frms (e.g., giving a lecture n yur research paper tpic, using PwerPint t cmpare cnstitutinal prvisins, leading a small grup activity, setting up a game shw fr students t cmpete in analyzing varius pints). Presentatins are expected t be 20-30 minutes lng. (3) Research Paper f 12-15 Pages (40% f verall grade) Yu are required t write a shrt research paper n a tpic related t yur class presentatin. Fr that paper, yu will be required t submit an utline and the final versin f the paper; submitting a draft is ptinal but is an pprtunity fr additinal feedback frm me. Fr thse f yu wh chse t present n a tpic early in the semester, yu may prefer t write yur paper early n when the material is freshest in yur mind. Hwever, as a default, the fllwing deadlines apply t all papers: (a) Outline & Bibligraphy (1-2 pages) DUE Thursday, March 15 (midnight) The utline shuld present yur thesis (the idea yu will develp in the paper) and yur general apprach r radmap. In preparing yur utline, yu will likely find it necessary t begin t engage in research and utside reading. The bibligraphy shuld include a starting list f surces that yu are using t develp yur paper. Please submit yur utline and bibligraphy t me using the Assignment Drp Bx n TWEN. I will reply t yur submissin with feedback, questins r cncerns. If yu wuld like mre guidance n yur paper, I strngly encurage yu t set up a time t meet with me after reviewing the feedback n yur utline and/r draft.
(b) Draft (ptinal) Submit by Thursday, April 19 (midnight) If yu wuld like interim feedback n yur research, submit a rugh draft t me using the TWEN Assignment Drp Bx as a Wrd attachment. I will respnd with cmments and suggestins n yur draft. The mre cmplete and plished yur draft is, the mre feedback I will be able t prvide. (c) Final versin f the paper DUE Wednesday, May 9 (5 pm) Please submit yur final paper as a Wrd attachment using the TWEN Assignment Drp Bx. Frmat yur paper using 12 pint, Times New Rman fnt, n larger than 1 inch margins, duble-spaced text, and 10 pint, single-spaced ftntes (nt endntes). Citatins shuld cmply with Bluebk rules. * Grading f papers I will grade yur final paper submissin based n the fllwing: Attendance: Original and apprpriate thesis Variety and relevance f surces cnsulted Quality and depth f research and legal analysis Prper citatin and attributin Overall rganizatin (a lgical radmap, sectin and subsectin headings) Imprving n weaknesses identified in the utline and draft Cntent supprts the thesis Clear sentences and analysis Grammar and citatin frmat Cmpliance with deadlines (utline and final submissin) (4) Class Participatin (20% f verall grade) Cmparative Cnstitutinal Law is a seminar with relatively small enrllment. Active participatin in the class is necessary t maintain an interesting, lively and prductive discussin. (Caffeine alne will nt d the trick). Participatin in the class will be measured by the quantity and quality f respnses t questins psed by me and ther presenters, participatin in class discussin, and vlunteering with thughtful and relevant cmmentary thrughut the semester.
Per ABA and Law Schl plicies, class attendance is mandatry. If yu will nt be able t attend a class, please let me knw in advance. If yu are absent fr 20% f the ttal number f classes during the semester, I will speak with the Law Schl administratin abut the situatin. Befre reaching that pint, I will try t cntact yu in persn r via email abut yur attendance. Yur attendance will affect yur participatin scre in the class. Welcme t Cmparative Cnstitutinal Law I m lking frward t ur semester tgether!
Reading Assignments Chapter 1: What is a Cnstitutin? (a) Yur initial assignment fr the curse is in tw parts: a. Read pp. 1-25, 29-33 (Why Cmparative Cnstitutinal Law? The Cntrversy ver Citatin t Freign Cnstitutinal Material); b. Read the text f U.S. Cnstitutin (available nline at: http:// www.law.crnell.edu/cnstitutin/cnstitutin.table.html#articlei, as well as many, many ther surces). (b) pp. 41-55, 58-63, 66-77 (Rule f Law; Cnstitutinal Mdels) (c) pp. 116-138 (Cnstitutinal Ratificatin and Amendments) Chapter 2: Judicial Enfrcement f the Cnstitutin what is the rle f the curts? (a) pp. 139-173, 190-208 (The Place f Cnstitutinal Adjudicatin; Mdels f Adjudicatin; Dilemmas f Cnstitutinal Interpretatin) Chapter 3: Hrizntal Separatin f Pwers (a) pp. 240-304 (Checks and Balances; Legislative Branch; Referendum) (b) pp. 305-360 (Executive Pwer) (c) pp. 361-383, 1539-1565 [nte that this blck f materials is in Ch. 12] (Judiciary; Emergency Pwers) Chapter 4: Federalism & the Vertical Separatin f Pwers (a) pp. 384-443 (Frms f Federalism) Chapter 5: Dignity, Privacy and Persnal Autnmy (a) pp. 527-564 (Fundamental Rights; Cnstitutinal Right t Abrtin) (b) pp. 564-609 (Death Penalty; Life Imprisnment; Suicide & Euthanasia) (c) pp. 609-651 (Self-Definitin, Intimacy, Relatinships) [if time allws: pp. 651-668, Virtual Identity] Chapter 6: Equality, Minrity and Grup Rights
(a) pp. 669-694, 702-715 (Frmal vs. Substantive Equality; Targeting Particular Inequalities) (b) pp. 718-752, 779-802 (Discriminatin based n Race, Sex and Sexual Orientatin; Affirmative Actin) (c) pp. 802-846 (Prtecting Grup-Based Equality) Chapter 7: Freedm f Expressin (a) pp. 847-882, 943-953, 967-970, 972-977 (Freedm f Expressin; Hate Speech) Chapter 8: Freedm f Religin and Belief (a) pp. 1015-1053 (Freedm f Religin and Belief)