David M. Oshinsky

This course will consider a number of the key constitutional issues in modern America, including gun control, reproductive rights, free speech codes, campaign financing, affirmative action, and the death penalty.  Students will be expected to participate actively in class and to research and write a term paper, approximately 40 pages in length, on a constitutional topic.  The class will consist of weekly seminar meetings followed by weekly individual meetings with Professor Oshinsky to go over drafts of the term papers.  

BOOKS:

Peter Irons, THE COURAGE OF THEIR CONVICTIONS

Anthony Lewis, FREEDOM FOR THE THOUGHT WE HATE

David Oshinsky, CAPITAL PUNISHMENT ON TRIAL

Richard Posner, NOT A SUICIDE PACT: THE CONSTITUTION IN TIMES OF NATIONAL EMERGENCY

Geoffrey Stone, PERILOUS TIMES

Scott Turow, ULTIMATE PUNISHMENT

GRADING:

Based on a number of factors, including class participation and attendance.  But the main element-- and course objective-- is to produce a term-paper, approximately 40 pages in length. focused heavily on original research and primary sources.

The first part of the term will be devoted to classroom discussion of First amendment issues regarding freedom of speech, the press, and religion, as well as Eighth Amendment issues regarding the death penalty.  The second part of the term will be devoted to the term paper, 45-60 pages in length, based upon clear writing, original research, and the analysis of primary sources.  Each student will meet individually with Professor Oshinsky once every week, in the second half of the term, to over a portion of the paper the student has handed in.  At least two drafts of the term paper will be required of each student during the term.

BOOKS:

Peter Irons, THE COURAGE OF THEIR CONVICTIONS

Anthony Lewis, FREEDOM FOR THE THOUGHT WE HATE

David Oshinsky, CAPITAL PUNISHMENT ON TRIAL

Richard Posner, NOT A SUICIDE PACT: THE CONSTITUTION IN TIMES OF NATIONAL EMERGENCY

Geoffrey Stone, PERILOUS TIMES

Scott Turow, ULTIMATE PUNISHMENT

GRADING:

Based on a number of factors, including class participation and attendance.  But the main element-- and course objective-- is to produce a term-paper, 45-60 pages in length. focused heavily on original research and primary sources.

The first part of the term will be devoted to classroom discussion of First amendment issues regarding freedom of speech, the press, and religion, as well as Eighth Amendment issues regarding the death penalty.  The second part of the term will be devoted to the term paper, 45-60 pages in length, based upon clear writing, original research, and the analysis of primary sources.  Each student will meet individually with Professor Oshinsky once every week, in the second half of the term, to over a portion of the paper the student has handed in.  At least two drafts of the term paper will be required of each student during the term.

BOOKS:

Peter Irons, THE COURAGE OF THEIR CONVICTIONS

Anthony Lewis, FREEDOM FOR THE THOUGHT WE HATE

David Oshinsky, CAPITAL PUNISHMENT ON TRIAL

Richard Posner, NOT A SUICIDE PACT: THE CONSTITUTION IN TIMES OF NATIONAL EMERGENCY

Geoffrey Stone, PERILOUS TIMES

Scott Turow, ULTIMATE PUNISHMENT

GRADING:

Based on a number of factors, including class participation and attendance.  But the main element-- and course objective-- is to produce a term-paper, 45-60 pages in length. focused heavily on original research and primary sources.