LAW 200

Law and Society
Fall 2024

Grades will be based on attendance and participation (10%), a midterm exam (30%), a (non-cumulative) final exam (30%), and two short essays (each worth 15%).

(Note: Dates and essay topics to be updated for 2024.)

Attendance and Participation. Students should complete all readings, attend class, and come prepared to discuss the assigned materials.

Exams. You must take both the midterm exam and the final exam to receive a passing grade.

Midterm. Wednesday, October 11, during our usual lecture period (from 10:00 am-11:20 am). This is an in-class, timed, closed-book exam, though you may bring a 1-2 page study guide to the exam. The exam will consist of multiple-choice and short-answer questions.

Final. Monday, December 11 from 8:00 am – 10:00 am. This is now a take-home, timed, open-book exam, though the use of AI text generation tools is NOT permitted. The exam will consist of multiple-choice and short-answer questions. For details on receiving and submitting the exam, please see the Final Study Guide in Blackboard/Content.

Essays. You must submit both essays to receive a passing grade. Each essay should be no more than 8 pages (including references), double paced with 1-inch margins, using 12-point Times New Roman font. Any reference style is OK.

Essays will be graded down for each day late (e.g., from an A to an A- on the first late day).

Before preparing your essay, please read the University’s statement on academic integrity, available here. Please also note the policy on AI:

The Use of AI Text Generation Tools is NOT Permitted. Except where expressly permitted by the instructor, all written work submitted for this course, including exams and papers, must be completed by you, personally. Use of artificial intelligence (AI) tools to generate text as part of preparing written work is strictly prohibited. Submission of text generated by AI, including summarizing, paraphrasing, or editing such text, will be considered a violation of Academic Integrity. For additional information, please refer to the Academic Integrity and Plagiarism portions of the USC Student Handbook.  

To ensure compliance with the University’s policy, please include this statement at the end of your essay (you may use an additional page—page 6—if necessary), along with your signature.

I personally wrote this essay. I did not use artificial intelligence (AI) tools (e.g., ChatGPT) to generate any text in this essay; and I did not use AI to summarize, paraphrase, or edit this essay.

Essay 1. Due on Wednesday, September 27 by Noon. Please submit via Blackboard.

In class we considered five "legalistic" (impersonal and apolitical) methods that judges say they use to interpret the Constitution. Please describe each method and then explain which method(s) you find most persuasive. In developing your answer please provide examples from opinions that you read for this course or that we discussed in class.

Essay 2. Due on Monday, November 20 by 5 pm. Please submit via Blackboard.

To paraphrase Judge J. Harvie Wilkinson III:

When the channels of democracy are functioning properly, Supreme Court Justices should be modest in their ambitions and overrule the results of the democratic process only where the constitution unambiguously commands it. The largest threat to liberty lies in handing our democratic destiny to the courts (95 Virginia Law Review 253, 254-55 (2009))

In other words, Wilkinson prefers judicial self-restraint over judicial activism. Do you agree? Why or why not? Please justify your response with reference to relevant course materials: the readings, cases, and in-class discussions.

Calculation of Grades
Grades will be in percentages (e.g., 92%, 85%, etc.). To convert the percentages to letter grades, use the following:

93-100: A
90-92: A-
87-89: B+
83-86: B
80-82: B-
77-79: C+
73-76: C
70-72: C-
60-69: D
59 and below: F