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Law, Politics and the Media Course

The American judicial system today operates in a complex environment of legal principle, political pressure, and media coverage.  The separate elements of this complex environment are typically studied by different groups of individuals working from different perspectives.   Law faculty tend to focus on legal principle; political scientists examine the influence of politics; and scholars of public communication assess the media.

The goal of this course is to introduce students to the court system and its environment as a single, integrated subject of study.  To this end, the course is taught by a team of faculty instructors drawn from law, journalism, and political science.  Academic discussions are complemented by lectures from sitting judges, practicing lawyers, and working journalists.

 GUEST SPEAKERS
Bert Brandenburg
Executive Director, Justice at Stake Campaign
2/23/09:  "Judicial Elections Through the Eyes and Ears of Voters"
Midwin Charles
Midwin Charles & Associates LLC
3/2/09:  "The Impact of Media Coverage on a Defendant's Right to a Fair Trial"
Mary Flood
Legal Reporter, Houston Chronicle
4/13/09:  "The Important vs. the Interesting - Reporting & Blogging from Court"
James Haggerty
The PR Consulting Group, Inc.
4/6/09:  "Litigation PR and Crisis Communication"
Chris Nevitt
City Councilman, Denver, Colorado
4/20/09:  "Cowboys and Indians Together at Last:  Labor and Business Unite to Protect Judicial Independence in Colorado"
Harold See, Justice
Alabama Supreme Court
1/26/09:  "The Role of Judicial Elections in a Federal Republic"
Jonathan Sherman
Boies, Schiller, & Flexner LLP
2/2/09:  "The Media in Court"
Jo Thomas
Former NYT Reporter
2/9/09:  "Legal and Media Issues in the Nation's Largest Domestic Terrorism Trials:  The Oklahoma City Bombing"
 COURSE READINGS

The textbook for this course is:

Keith J. Bybee, ed., Bench Press: The Collision of Courts, Politics, and the Media (Stanford University Press, 2007).

There will also be a course reader with selected cases and articles in addition to online materials that will be referenced in the syllabus.

Online Materials

Selections from Caperton v. A. T. Massey Coal Company

Memorandum of Justice Scalia

Hamilton, Federalist No. 78

Brutus, Anti-Federalist XI

Webcast from “Law, Politics, and Media Lecture Series” – Video 2: Judge Joanne F. Alper

Webcast from “Jail for Journalists: Freedom of the Press, Confidential Sources, and the Demands of Criminal Justice”

Reporters Committee for Freedom of the Press.  Selections:

John Kifner, Terror in Oklahoma City: The Overview, N.Y. Times, Apr. 20, 1995.

David Johnston, Terror in Oklahoma: The Investigation, N.Y. Times, Apr. 22, 1995.

Tim Weiner, Terror in Oklahoma: The Overview, N.Y. Times, Apr. 23, 1995.

Robert McFadden, Terror in Oklahoma: The Suspect, N.Y. Times, Apr. 23, 1995.

Jo Thomas and Ronald Smothers, Oklahoma City Building Was Target Of Plot as Early as '83, Official Says, N.Y. Times, May 20, 1995.

Jo Thomas, Sightings of John Doe No. 2, N.Y. Times, Dec. 3, 1995. 

Jo Thomas, After 2 Years, Bombing Trial Is Set to Begin, N.Y. Times, Mar. 30, 1997.

Jo Thomas, Trial Begins in the Oklahoma City Bombing Case, N.Y. Times, Apr. 25, 1997. 

Jo Thomas, At Bomb Trial, Tearful Stories of Terrible Day, N.Y. Times, Apr. 26, 1997.

Jo Thomas, McVeigh Jury Decides on Sentence of Death in Oklahoma Bombing, N.Y. Times, June 14, 1997. 

Jo Thomas, Bomb Trial Focus on John Doe No. 2, N.Y. Times, Dec. 10, 1997.

Jo Thomas, The Bombing Verdict: The Conspirator, N.Y. Times, Dec. 24, 1997.

Webcast from “Law, Politics, and Media Lecture Series” – Video 3: Chief Judge Paul R. Michel

Webcast from “Supreme Makeover”

Judicial Election Results, Harris County, Texas, November 04, 2008 (pp. 5-6, 16-22)

Ohio League of Women Voters, Voter’s Guide 2008, pp. 12-15

League of Women Voters of Alabama, Alabama Appellate Courts Voter Guide 2008

Indiana Right to Life 2008 judicial candidate questionnaire

Transcript, Wisconsin State Supreme Court Candidate Forum, March 28, 2008

Webcast from “"The Media's Effect on Judicial Independence: A Kaleidoscopic View"

Ofra Bikel, “The Case for Innocence,” Frontline. (Transcript)

Fernanda Santos, “Vindicated by DNA, But a Lost Man on the Outside”

Steve Weinberg, “Innocent Until Reported Guilty,” Miller-McCune, October 2008.

“DNA Exonerations,” Dallas Morning News, October 2008 (free registration required).

Overview of Same-Sex Marrage

Constitutional Dimensions of Same-Sex Marriage 

Proposition 8 analyses from The New Republic and the Volokh Conspiracy.

Jane Mayer, “The Battle for a Country's Soul,” The New York Review of Books, Aug. 14, 2008.

Philippe Sands, “The Green Light,” Vanity Fair, May 2008.

Code of Judicial Conduct

Election defeat stuns incumbent Harris Co. judges

Scalia: Foreign law isn't ours: At Houston gala, he criticizes courts that cite countries' trends for rulings

Gag order issued in Judge Kent case / Visiting judge says publicity could undermine right to fair trial

Job bias lawsuits on the increase / Rise may be due to economy and easier online access to EEOC

Webcast from Tony Mauro, "Media Representation of Judges" – Video 4

Webcast from “Law, Politics, and Media Lecture Series” – Video 1: Justice Rebecca Kourlis

Webcast of Nina Totenberg’s lecture on judicial independence – Video 1 from “Bench Press” Conference.

“Campaign Finance Reform’s War on Political Freedom” by Bradley A. Smith

“Strengthening U.S. Democracy through Campaign Finance Reform” Carnegie Review

What's Happening at IJPM?
IJPM Executive Director named to SU's first Judiciary Studies Professorship

On October 30th, Professor Keith Bybee was recognized as the first Judiciary Studies Professor in the newly created Paul E. and The Hon. Joanne F. Alper ’72 Judiciary Studies Professorship at Syracuse University College of Law.  The professorship was created through the leadership and financial commitment of Paul E. and the Hon. Joanne F. Alper and it will fund Bybee's scholarly work, research, and academic initiatives relating to judicial legitimacy, court independence and the intersections of law, politics, and the media.  Judge Alper has been an active supporter and proponent of IJPM since it's inception.

IJPM Co-Sponsors Law and Media Conference for federal judges with the Federal Judicial Center and SU College of Law

September 24-25, IJPM, together with the Federal Judicial Center and SU College of Law, hosted a Law and Media seminar for more than forty federal judges from across the country.  The judges heard from IJPM Director Keith Bybee who presented on public perceptions of judiciary.  IJPM Associate Director Lisa Dolak discussed her case study on legal reporting, "Intellectual Property Law in the Media Mirror," and IJPM Senior Advisor Mark Obbie presented about the quality of legal journalism and how to improve it. The first day concluded with a conversation with the Honorable Jon Feldman, U.S. District Court, Western District of New York, and the Honorable Leonie Brinkema, U.S. District Court, Eastern District of Virginia, about managing high profile trials.  The second day of the conference, Professor Rakesh Anand discussed judicial ethics and maintaining faith in the rule of law and professors Paula Johnson and Janis McDonald discussed the Cold Case Justice Initiative as an example of collaborative relationship with the judiciary and the media.

IJPM Executive Director and Associate Director Participate in ABA's Academic Reading Group to Review Sotomayor's Qualifications for Supreme Court Position

Syracuse University College of Law provided one of the two academic reading groups that evaluated now Supreme Court Justice Sonia Sotomayor's written work as part of the American Bar Association's evaluation of her qualifications for the position of Associate Justice of the United States Supreme Court.  IJPM Associate Director Lisa Dolak acted as chair of this group and IJPM Director Keith Bybee also served on this reading group.  Sotomayor's qualifications were reviewed in the areas of integrity, professional competence, and judicial temperament; the criteria on which the ABA's Standing Committee on the Federal Judiciary (SCFJ) rates all federal judicial nominees.  This marks the second time the SCFJ has tapped the College of Law to support its evaluation of a Supreme Court nominee.  The first time was in 2005 for Justice Samuel Alito.

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