Essay Instructions: Online Critique (2 - 3 pages) - 20 Points
Students are to find one scholarly article online that presents a perspective on a free speech controversy, and submit a critique of the article. The critique should include the following items: (1) The name of the article, the author, and the proper citation according to APA format. (2) A summary of the article. (3) A critical analysis of the deficiencies in the author's perspective, as well as a description of the best points of the analysis. Please choose the article from the reading list provided at the end of the syllabus.
Please note the page requirement for this paper does not include the title page, or any bibliography you may use. Please post as an attachment.
All postings for the online critique must also be made by 6 pm on Sunday, January 30, 2005. No response to other student's papers is required for this paper.
American Judiciary (CRJ 330) Reading List
Abraham, Kenneth S., "Three Fallacies of Interpretation: A Comment on Precedent and Judicial Decision, " 23 ARIZONA LAW REVIEW 771 (1981).
Aldisert, Ruggero, "Philosophy, Jurisprudence, and Jurisprudential Temperament of Federal Judges," 20 INDIANA LAW REVIEW 453 (1987).
Calhoun, Emily, "Thinking Like a Lawyer," 34 JOURNAL OF LEGAL EDUCATION 507 (1984).
Christie, George C., "Lawful Departures From Legal Rules: 'Jury Nullification' and Legitimated Disobedience," 62 CALIFORNIA LAW REVIEW 1289 (1974).
Christie, George C., "Vagueness and Legal Language," 48 MINNESOTA LAW REVIEW 885 (1964).
D'Amato, Anthony, "Can Any Legal Theory Constrain Any Judicial Decision?," 43 UNIVERSITY OF MIAMI LAW REVIEW 513 (1989).
Day, Jack G., "Why Judges Must Make Law," 26 CASE WESTERN RESERVE 563 (1976).
Fallon, Richard H., "Non-Legal Theory in Judicial Decision making," 17 HARVARD JOURNAL OF LAW AND PUBLIC POLICY 87 (1994).
Farber, Daniel A., "The Case Against Brilliance," 70 MINNESOTA LAW REVIEW 917 (1986).
Farber, Daniel A., and Frickey, Philip P., "The Jurisprudence of Public Choice," 65 TEXAS LAW REVIEW 873 (1987).
Farnsworth, E. Allan, "'Meaning' in the Law of Contracts," 76 YALE LAW JOURNAL 939 (1967).
Fiss, Owen M., "The Death of Law?" 72 CORNELL LAW REVIEW 1 (1986)
Fletcher, George P., "Paradoxes in Legal Thought", 85 COLUMBIA LAW REVIEW 1263 (1985).
Friedman, Lawrence M., "Legal Rules and the Process of Social Change," 19 STANFORD LAW REVIEW 786 (1967).
Fuller, Lon L, "Legal Fictions," 25 ILLINOIS LAW REVIEW 363 (1930).
Fuller, Lon L., "The Forms and Limits of Adjudication," 92 HARVARD LAW REVIEW 353 (1978).
Ganz, G., "Allocation of Decision-making Functions," 1972 PUBLIC LAW 215 (1972).
Gilmore, Grant, "Legal Realism: Its Cause and Cure," 70 YALE LAW JOURNAL 1037 (1961).
Goodrich, Peter, "The Role of Linguistics in Legal Analysis," 47 MODERN LAW REVIEW 523 (1984).
Graglia, Lino A., "Do Judges Have a Policy-Making Role in the American System of Government?", 17 HARVARD JOURNAL OF LAW AND PUBLIC POLICY 119 (1994).
Greenawalt, Kent, "Policy, Rights, and Judicial Decision," 11 GEORGIA LAW REVIEW 991 (1977).
Grey, Thomas C., "Do We Have an Unwritten Constitution?" 27 STANFORD LAW REVIEW 703 (1975).
Grey, Thomas C., "Origins of the Unwritten Constitution: Fundamental Law in American Revolutionary Thought," 30 STANFORD LAW REVIEW 843 (1978).
Grey, Thomas C., "The Constitution as Scripture," 37 STANFORD LAW REVIEW 1 (1984).
Hopkins, James D., "Fictions and the Judicial Process: A Preliminary Theory of Decision," 33 BROOKLYN LAW REVIEW 1 (1966).
Hughes, Graham, "Rules, Policy and Decision Making," 77 YALE LAW JOURNAL 411 (1968).
Jones, Harry W., "An Invitation to Jurisprudence," 74 COLUMBIA LAW REVIEW 1023 (1974).
Kennedy, Duncan, "Legal Formality," 2 JOURNAL OF LEGAL STUDIES 351 (1973).
Leff, Arthur Allen, "Unspeakable Ethics, Unnatural Law," 1979 DUKE LAW JOURNAL 1229 (1979).
Lyons, David, "Formal Justice, Moral Commitment, and Judicial Precedent," 81 JOURNAL OF PHILOSOPHY 580 (1984).
Lyons, David, "Justification and Judicial Responsibility," 72 CALIFORNIA LAW REVIEW 178 (1984).
Miller, Arthur S. and Barron, Jerome A., "The Supreme Court , The Adversary System, and the Flow of Information to the Justices: A Preliminary Inquiry," 61 VIRGINIA LAW REVIEW 1187 (1975).
Monahan, John, and Walker, Laurens, "Social Authority: Obtaining, Evaluating, and Establishing
Select one of the articles please