POL335: The Supreme Court, Spring 2004
Final paper topics

If you want to write a research paper instead of the final exam, you must:

1) write seven (7) satisfactory short reaction papers by the end of the semester
2) tell me which paper topic you wish to write on no later than Friday, 4/11
3) give me a list of sources by Wednesday, 4/16
4) meet with me at least once by Friday, 4/25, to discuss your progress.
5) give me the final draft of the paper by Wednesday, 5/14

These deadlines are firm. Failure to meet these deadlines will result in a lower grade for the paper or my refusal to accept it, whichever I deem appropriate in the circumstances. The paper must be 10 -- 15 pages long with normal fonts and margins. You must use the full text* of at least two Supreme Court opinions and at least three secondary sources, one of which must be an academic book. I am happy to read drafts of the papers, but only until Friday, 5/2. You are well advised to have a draft of the paper by that time!

1) In Shaping Constitutional Values, Neal Devins argues that in the abortion context, the Supreme Court has been involved in a "constitutional dialogue" with a variety of political actors, and that these other actors take seriously their duty and power to engage in constitutional interpretation. Do you find his arguments persuasive? Apply his approach to another area of constitutional controversy (you might consider the war on terrorism, the rights of religious property owners, or the current controversy over DOMA and same-sex marriage, for example).

2) Describe and critically evaluate the Bush administration's attempts to influence the Supreme Court. Use both Baum's account (especially chapter 5 of The Supreme Court) and Epstein and Knight's account for your terms of analysis.

3) Examine the controversies surrounding Justice Scalia's refusal to recuse himself in a case involving Vice President Cheney. What are Scalia's arguments against recusal, and do you find them persuasive? Consider in particular the evolving nature of recusal norms, and compare Scalia's comments in his recusal memorandum with the arguments of the Court in the 2000 Presidential election controversy. Should Epstein and Knight include norms of recusal in the next edition of Choices?

*As appropriate for the topic, opinions from appeals courts and state supreme courts can also be used if you discuss them with me first. You can find the full text of opinions on various on-line sites such as Lexis-Nexis and Findlaw. You must cite to the full text of the opinions in order to receive a grade for the paper.