PHIL 102

Ethics, Politics, & Law

Fall Quarter 2007

Dr. Jeff Johnson

This quarter in Ethics, Politics, & Law we will examine a number of important moral, political, and legal controversies in contemporary American society that have been the focus of relatively recent Supreme Court decisions.  Constitutional law can be productively studied through the empirical methods of political science, and the interpretive methods of the moral philosophy and jurisprudence.  Our course will utilize insights from all of these academic perspectives. 

Since the issues we will be examining have proved controversial for scholars and judges, we can hardly expect consensus on any of them within our course.  That, I sincerely believe, is a good thing.  This course is not about discovering the truth, but providing the background and analytical tools to allow you to better understand the controversies, and to more reflectively formulate your own stands on them.  My ambitious goal for this quarter is address the following constitutional topics:


There will be a number of "texts" for this course.  Our primary general resource will be

The Oxford Guide to United States Supreme Court Decisions edited by Kermit L. Hall

We will be using a number of on-line readings -- articles and chapters, as well as Supreme Court decisions.  We will also read some of my own professional articles and conference papers.  Finally we will be utilizing contemporary cinema as a different sort of text for raising moral and legal questions.  Every Wednesday evening at 6:00 we will be showing a movie that raises an important moral or legal issue.  Students are required to see at least six of the nine films we will be showing.


UWR Writing Intensive Outcomes:

Additional Outcomes:

Means of Assessment and Grading:

Link to movie prompts


ACADEMIC HONESTY

I am including below Eastern's Academic Honesty Code.  It is vitally important that you carefully read it, and that you understand that it is my intention to follow this code to the letter.  I really can't think of a better way to ruin your experience with this course, than to disregard this code.  Obviously, if you have any questions, I can't urge you too strongly to ask me.

ACADEMIC HONESTY CODE

All members of the Eastern Oregon University academic community are responsible for compliance with its Academic Honesty Code. Students are required to report violations to the respective faculty member of a course. Provisions of the Academic Honesty Code are:

  1. Collaboration while taking any quizzes, in-class examinations, or take home examinations without the instructor's written approval is forbidden. The faculty member is responsible for defining limits for other collaborative learning activities for each course.

  2. Plagiarism or representation of the work of others as one's own is forbidden. The faculty member will make clear the format for properly citing sources of information not original by the student.

  3. Explicit approval by all instructors is required if the same work is to be submitted to more than one course, even if is not within the same term.

Violations of the Academic Honesty Code may result in both academic and behavioral penalties including possible suspension or expulsion from the University.

An automatic grade of zero for any work which is a violation of the Academic Honesty Code will be assigned by the instructor. The instructor may also assign a grade of F for the course after discussion with the respective School Dean. Students may appeal the course grade to the respective School Dean, who is the final level of appeal on the matter of course grade penalties for academic dishonesty.

The faculty member is also required to file a disciplinary complaint to the Vice President for Student Affairs about any student believed to have violated the Academic Honesty Code. If deemed appropriate, hearing procedures will be implemented by a University Hearing Officer as outlined in the Code of Student Conduct. Possible sanctions considered by the Student Conduct Committee include probation, suspension, and expulsion.


TENTATIVE CALENDAR

 

MONDAY

TUESDAY

WEDNESDAY

THURSDAY

1

Class introduction

Supreme Court mechanics

pp. 359-69

PowerPoint

Small

Constitutional privacy

pp. 115-8

Griswold v. Connecticut

PowerPoint

Small

Mill's On Liberty 

Chapter One

Erin Brockovich

PowerPoint

Small

Liberty

Privacy

Drugs

2

Abortion

pp. 262-5

Roe v. Wade

PowerPoint

Small

Post-Roe developments

pp. 238- 9; 305-6; 326-7

 Planned  Parenthood v. Casey  

PowerPoint

Small

Fetal personhood

PowerPoint

Small

Whose Life Is It Anyway?

"Conditions of Personhood"

 

3

Analytical Papers

PowerPoint

Small

Homosexual sodomy

Bowers v. Hardwick

pp. 29-30

Lawrence v. Texas

PowerPoint

Small

Hart/Devlin debate

PowerPoint

Small

Philadelphia

Sexual privacy

Homosexual marriage

 

4

Loving v. Virginia

p. 167

PowerPoint

Small

Authenticity & Equality

PowerPoint

Small

"Privacy, Authenticity, and Equality"

PowerPoint

Small

The Lives of Others

 

5

Search and Seizure

T.L.O.

"T.L.O. and the Student's Right to Privacy"

PowerPoint

Small

"Balancing and the Legitimate Expectation of Privacy"

 

Mid-term review

6

MID-TERM EXAM

Religion Clauses

PowerPoint

Small

 No Establishment

pp. 84-5

"Engel v. Vitale"

PowerPoint

Small

Absence of Malice

Free Exercise

 "Employment Division v. Smith"

PowerPoint

Small

7

Mill on freedom of expression

Chapter Two

PowerPoint

Small

Pornography

  Paris Adult Theater v. Slayton

PowerPoint

Small

Feminist critiques of pornography

Interview with Catherine MacKinnon

PowerPoint

Small

Dressed to Kill

PEER REVIEW PAPERS

8

 Separate But Equal

pp. 239-40; 34-6

Separate But Equal

   Separate But Equal

Four Little Girls

   Separate But Equal

ANALYTICAL PAPERS DUE

9

Brown v. Board of Education

PowerPoint

Small

  Affirmative action

pp. 252-4

Thanks-

giving

Thanks-

giving

10

Death Penalty

pp. 97-8; 112-4

Furman v. Georgia

Gregg v. Georgia

PowerPoint

Small

 

"The Argument From Contingent Realities and the Constitutional Case Against the Death Penalty"

PowerPoint

Small

Four Little Girls

Race and the Death Penalty

p. 181

McCleskey v. Kemp

PowerPoint

Small

 

 

FINAL EXAM

1:00 - 3:00 PM