Fall 1998
POL 3309
Judicial Process
Anderson Hall 350
T,Th 11:15 - 12:30
Professor Sam Krislov

This course emphasizes the variety of American Courts and their unusual place in our culture. Comparison with other systems' is also attempted. Current controversy over the extent and impact of courts is also discussed.


Course requirements and their weight

Final exam 60%
Midterm exam 30%
Project 10%

If the final exam is higher than the midterm, the final will be 90% of the grade. NO make–up is offered for the midterm exam. If you miss it, you take your chances on the final exam.


The project must be done and the final taken to complete the course.

Textbooks (All in paperback)
  1. Charles Black, Capital Punishment
  2. Paul Campos, Jurismania
  3. Jonathan Harr, A Civil Action
  4. Harry Stumpf, American Judicial Politics
    5. Assignments

    Sept. 24 Introduction to the course
    Sept. 29 How are courts different? What is law?
    Assignments:
      Stumpf, ch.1,2
      Campos pp.38-49, 82-1020
    Oct. 1-6 Court Structures
      Federal, state, non-U.S.
    Assignments:
      Stumpf ch.3,4
    Oct. 8 How are the judges selected?
      The Federal Process
      State Systems
      Recent Partisanship: A tale of two frustrations.
      Is there a more objective system of selection?
      Democratic judges and Republican judges
    Assignments:
      Stumpf, ch.5,6
    Oct. 13-15 How do cases develop?
      The pyramid of cases
      Gatekeeping
      Funneling disputes into legalese.
      Is America litigious?
    Assignments:
      Stumpf, ch.8
      Harr, pp.3-82
    Oct. 20 Individuals, groups, and lawyers in developing litigation
    Assignments:
      Stumpf, ch.7
      Campos, ch.1,2
    Oct. 22 Have we distorted the legal system?
      Have we added great cost and junk science to the economic system?
      Tort law in other countries
    Assignments:
      Campos, ch.1,2, pp.102-137, 151-174
    Oct. 27 Review
    Oct 29 Midterm
    Nov. 3 Decision Processes: Deciding What to Decide
    Assignments:
      Stumpf, ch.11
      Harr, pp.83-120
    Nov. 5-10 Decision Processes and trials at the lower court level
    Assignments:
      Harr, pp.123-376
    Nov. 12 Decision Processes: Appellate Courts
    Assignments:
      Stumpf, ch.10
    Nov. 17 Outcomes and outputs
    Assignments:
      Stumpf, ch.12
      Harr,pp.123-376
    Nov. 19 Criminal Justice: Values and outputs
    Assignments:
      Stumpf, ch.9
    Nov. 24 Criminal Justice: Policy Analysis
    Assignments:
      Black, pp.1-79
    Dec. 1 Policy Values: The system as a whole
    Assignments:
      Black, pp. 79-174
    Dec. 3 Review
    Dec. 9 FINAL EXAMINATION
    1:30-3:30


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