Legislation: Procedure and Interpretation
Fall 2009
Professor Carolyn Shapiro
Prof.
Shapiro's Contact
Information:
Office:
Number
753
Phone:
(312)
906-5392
Email:
cshapiro1@kentlaw.edu
Class
Time
Monday/Wednesday: 7:35 p.m. - 9:00 p.m.
This course provides an overview of the theories, doctrines, and practice involved in passing and interpreting statutes. We will focus primarily on federal law, but there will be some discussion of state law and practice. We will also consider the roles of many different actors in the political, legislative, and judicial process, including the legislature, the executive (President or Governor), the judiciary, and executive branch agencies charged with implementing or enforcing statues.
Course Materials
The casebook for the class is Eskridge, Frickey & Garrett, Cases and Materials on Legislation (4th ed. 2007). There will also be some handouts of assigned readings, problems, and practice exam questions. These handouts may be distributed via internet links, Westlaw cites, or downloadable copies from my website; through the bookstore; by e-mail; or in class. In general, I try to distribute the handouts in the way calculated to cost you the least money. Some of these handouts are listed on the syllabus; some are not. I often add handouts as warranted by current events.
We will be reading excerpts from Justice Breyer’s book, Active Liberty, which is available in the bookstore. Inexpensive copies are also available on-line at sites like www.half.com. I have also asked the library to put at least one copy on reserve. We will be reading only a relatively small portion of the book, so you may find that you can make do with the reserve copy or by sharing with a classmate.
You are also required to bring a copy of the United States Constitution with you to class. When the reading from the casebook refers to a particular constitutional provision, you should read that provision, even if it does not appear on the syllabus. There is a copy of the Constitution in Appendix A of the casebook. It can be helpful to have an additional copy, however, for ease of reference. There are numerous resources, on-line and in print, for free copies of the Constitution. On-line resources include:
http://www.usconstitution.net/const.html
http://www.archives.gov/national-archives-experience/charters/constitution_transcript.html
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_documents&docid=f:hd051.110.pdf
For a helpful supplement, you might consult Eskridge, Frickey & Garrett, Legislation and Statutory Interpretation (2d ed. 2006). Several copies are on reserve in the library. It should also be available through the bookstore. This book is not required.
Meeting with the Professor
I encourage you to ask me about things that you did not understand in class or in the reading and to talk to me about ideas or topics that interest you. Because I do not have formal office hours, the easiest ways to arrange this are for you to speak to me after class or to make an appointment to see me. You should also feel free to knock on my door without an appointment, to call, or to e-mail. Unless otherwise specified by you, I will assume that I can forward to the rest of the class any e-mail you send me related to the substance of the class.
Grading and Class Participation
Your grade will be based primarily on a final examination. However, attendance and participation are critical to understanding the material. The best way to develop an understanding of law and the legislative process is through discussion and argument. In addition, class participation can help your grade. It can also hurt you, if you miss class (see below for attendance policy), can’t or won’t participate, or are repeatedly unprepared. There may also be a few written assignments. These assignments will not be graded. They will, however, count towards your class participation. Failure to complete an assignment, to turn it in on time, or to make a good faith effort on an assignment will be noted.
In addition to the materials on the syllabus, we will follow the progress (or lack thereof) of President Obama’s attempts to pass health care reform. Each week, five or six students will be responsible for gathering information or commentary about developments in this political drama. During the first week of class, I will pass around a sign-up sheet for each student to sign up for a week.
The final exam will be open book and in-class on Thursday, December 17, at 6:00 pm. For the final exam, you will be responsible for all assigned reading, whether or not we discussed it in class, and for all material covered in class discussion and lectures, even if it was not covered in the assigned reading. However, the exam will emphasize the material that I view as important, and you will be able to tell what I think is important by coming to class.
Attendance Policy
Regular attendance is required. I will pass around a sign-in sheet at the beginning of each class. You are entitled to 5 absences (for any reason) with no effect on your grade. You do not need to let me know when or why you are missing class for those 5 absences. I recommend, however, that you do not take all 5 absences unless you need to. Additional absences are unlikely to be excused unless all prior absences were for compelling reasons
For course announcements and for other useful information please consult the course website accessible from http://www.kentlaw.edu/faculty/cshapiro/classes/.