Introduction to Legal Process

LGST 10 Intro to the Legal Process

Instructor: Dr. Gehring

Email: jgehring@ucsc.edu

Lectures: Tuesdays and Thursdays 5:20-6:55 p.m.

Classroom: Thim Lecture 003

T.A.s

Alberto Ganis

Office Hours Thursdays 2:30- 4:30 p.m. Merrill 6

aganis@ucsc.edu

Trina Barton

Office Hours: Friday, 12:30PM–1:30PM in Merrill 139

trinabarton@ucsc.edu

Justin Gilmore

Office Hours: 3:30-4:30 in Humanities 2, Room 366

jtgilmor@ucsc.edu

Joe Lehnert

Office Hours: Wednesdays, 1-3 Location: Merrill 135

jlehnert@ucsc.edu
Course Description​:

This course introduces the relationship between law and society, exploring principles of
legal conduct in social contexts and explaining how social scientific methods are used to
understand these principles. Questions discussed include what is the relationship
between the “law-on-the-books” and “law-in-action,” and what can we learn from gaps
between formal law and the “real” law that is experienced in society? Empirical
examples may include international comparisons and the evolution of law over time.
This course counts toward the Scientific Inquiry: Society and Culture requirement.

Learning Outcomes​:

Students will:

● identify and apply the fundamental concepts and methods of the

interdisciplinary field of Law and Society which explores the relationship
between the individual and society. For example, students will develop
knowledge of law, legal phenomena and legal institutions from a variety of
academic perspectives.
● know that law simultaneously plays complex constitutive, regulative and
coercive roles in societal and individual domains.
● know that there are simultaneously existing state and non-state legal
systems.
● develop written and oral communication skills to express informed opinions
about issues in law and society.
● examine how an individual’s place in society affects experiences, values or
choices. For example, students will know that people in underserved
communities need to overcome unique barriers in order to gain access to
institutions of justice and to utilize the benefits of law and justice services.

Required Texts:

● Calavita, K. (2016). ​Invitation to Law & Society​ (2​nd​ edition). Chicago, Il:
University of Chicago Press. ISBN: 9780226296586
 ● Other readings available on Canvas or via links on the syllabus

Assessment & Assignments:

● Participation 10%
● Midterm (11/13) 25%
● Norms/Rules/Laws Assignment #1 (Due 10/4) 10%
● Norms/Rules/Laws Assignment #2 (Due 11/27) 25%
● Final Exam (12/12) 30%

Participation ​includes coming to class, being up-to-date and engaged with the material,
asking and answering questions, and regularly participating in group discussions.
Everyone will begin with 0 points in this area. You must attend class and clearly
demonstrate your preparedness in order to improve from this starting point. Your
participation is crucial to your success in (and enjoyment of) this class.

The ​two exams ​are intended to ensure that you both understand and can apply the
concepts introduced in the class. As a result, the exams will focus on your application,
and not necessarily your memorization and recall, of course concepts. Each exam will
be preceded by a student generated review session that requires you to post possible
review questions prior to said sessions.

Norms, rules, laws assignment #1 ​asks you to select a private, semi-social, or fully
social space and writing a short memo (​200-300 words​) explaining the Laws, Rules, &
Norms that apply to your chosen space. To get you thinking, possible venues include
differently situated bathrooms, locker rooms, dorm rooms, libraries, elevators, etc. ​Write
from both your experience, and from interviewing at least two other people about
how they understand the laws, rules, and/or norms that govern your chosen
space, the frequency, meaning, policing of, and reasons for their breach. ​You may
find it useful, but it is not required, to narrow your inquiry to one behavior or act in your
chosen space. For example, in the bathroom, you could consider hand washing,
flushing, drying hands, or using cell phones. No course texts need to be cited. This is an
introductory assignment, but it serves as the vehicle to get you thinking about larger
course themes, as well as how to proceed with your next, and far more significant
assignment.

Norms, rules, laws assignment #2​ requires you to collect ​one photo per each of
three course concepts (i.e. 1 for laws, 1 for rules, & 1 for norms​) to post on Canvas
that will be accompanied by a ​350-500 word per-photo​ explanation linking the selected
image to course concepts. In doing so, students must explicitly ​cite from at least one
course text per brief​.

A NOTE OF DECORUM & PRIVACY: ​Use a tight filter in terms of choosing what
photos you will collect and post. DO NOT violate the privacy or will of others. If you are
in a public space, you have far more leeway in taking photos, but if you are in
something of a private space, you will need to seek permission. If you feel that it would
be a violation of privacy to have people’s faces included, please edit them out in some
capacity. Finally, while this is meant to be an enjoyable assignment, it is an academic
one, and it is thus subject to rigor and academic norms of acceptability. Exercise your
creativity, but do so in a productive way.

***All written assignments must be typed and have the final word count written at
the top of the paper. ALL writing assignments are to be submitted via upload to
Canvas in Word or PDF format only.
Guidelines

Below are guidelines for the course. Everyone’s enjoyment of the class will be greatly
enhanced by these simple steps.

My ​office hours​ will be held Thursdays 3:00-4:30p.m. in my office, Merrill Faculty

Annex room 158. Please visit me in ​office hours, speak with me before or after
class, or set up an appointment if you are not available during those times ​in order
to discuss the course, readings, assignments, policies, etc. I will always arrive early
and leave class late. I ​greatly prefer​ talking in-person to emailing, so please take note of
when and where my office hours are. To schedule an office hour appointment, simply
follow this link:

https://calendar.google.com/calendar/selfsched?sstoken=UUtETmU3OHhNcVR1f
GRlZmF1bHR8MWRlZDU2YzQ0YWMyMGE3NWM1MTZjNjk4ZWQ4ZGZiNWU​ (Links
to an external site.)Links to an external site.

Also, if you email me, please note that it may take multiple days for me to respond.

Late assignments ​will be penalized one grade for every calendar day (not class day)
that they are late, and ​will not​ ​be accepted​ more than 3 calendar days/72 hours after
they are officially due. You will be allowed ​2absences, late arrivals, &/or early
departures​ from class. After 2 your grade will be negatively affected. If an illness or
personal crisis will require more extensive absences, I require documentation and
suggest that you consider withdrawing from the university for the quarter. ​Sleeping​ ​or
being otherwise occupied​ in class counts as an absence – while your body may be
present, it is you conscious and engaged participation that counts.

You are expected to extend the same degree of ​courtesy and respect​ to your peers in
course discussions as you expect in return. This does NOT mean that you have to, or
should, agree with everything anyone says. This DOES mean that you should think
critically about what we discuss, and challenge or question what you disagree with in a
civil manner.

While will be using laptops &/or tablets in class for readings. I ask you to store all
laptops, tablets, & phones ​in your bag under your desk and to NOT use this
technology outside of the aforementioned instances. When your laptop is open, or your
phone &/or tablet is accessible, it is almost impossible not to check email or briefly surf
the Internet. While you might think that you can “multitask,” studies indicate that ​this
kind of multitasking impairs learning (Links to an external site.)Links to an external site.​.
Beyond this, ​a study published in 2013 (Links to an external site.)Links to an external
site.​ found that not only do multitasking students in a classroom do worse on a post
class test on the material, so did the peers who could see the computer. In other words,
the off-task laptop use distracted not just the laptop user but also the group of students
behind the laptop user. Furthermore, a ​study (Links to an external site.)Links to an
external site.​ that came out in June 2014 suggests that taking notes by hand rather than
typing them on a laptop improves comprehension of the material. Finally, it is good to
take breaks from our collective addictions to Facebook, texting, compulsively checking
email, etc. All of this said, if you have a compelling reason that you must use your
laptop or other device, please see me and we can come to an arrangement.

This syllabus uses Helvetica font because it has been shown to be easier to read for
individuals with dyslexia​. Whenever possible, course assignments have been
designed using principles of universal design ​in order to reduce barriers to learning.
If you are a ​student with a disability​ who requires accommodations to achieve equal
access in this course, please submit your Accommodation Authorization Letter from the
Disability Resource Center (DRC) to me, preferable within the first week of the quarter.
Please look at the course schedule and assignment descriptions thoroughly, and then
meet with me to discuss any particular accommodations. I encourage all students who
may benefit from learning more about DRC services to contact DRC by phone at
831-459-2089 or by email at drc@ucsc.edu

All work submitted for this course must be your own. Please consult The Naviagator at
reg.ucsc.edu/navigator to learn more about ​academic integrity and plagiarism​, as
well as Sections 102.01-102.016 and 105.15 of the UCSC Student Handbook at
http://deanofstudents.ucsc.edu/student-conduct/student-handbook/index.html​ ​Any
plagiarism is unacceptable​; all work should be your own or properly cited. If you
commit plagiarism your grade will be severely affected and you may fail the course.
Furthermore, you may receive further punishment from the university.

Grade Contestation​. If you judge your grade to be inaccurate, you must wait at least
one day after receiving your work before contacting the professor, so that you may
re-read your work, and consider the comments and grade you were given. ​After 24
hours, but within one week​ of the first day papers/exams are returned to students,
you may submit a ​written​ account of the reasons why you believe the grade to be
inaccurate. Think critically about the strengths and weaknesses of your work and
commit those thoughts to writing. Your professor will further elaborate on (and perhaps
reconsider, either downward or upward) your grade in writing.
Course Schedule

9/27—First Day—Course Introduction

You may want to read Putnam, et. al., which is posted to the Canvas page. This article
is about the science of learning and has a number of evidence-based techniques to
improve your learning in all of your classes. I will be employing several evidence-based
pedagogical techniques throughout the quarter.

Section One: An Introduction to the Complexity of Law

What is law? What are rules? What are norms?

10/2

Read: Calavita 30-32; Sumner, Folkways excerpt; Friedman, Legal Culture and the
Welfare State excerpt; Ellickson “Of Coase and Cattle” pages 624-629 and 657-687.

10/4

Read: Engel, Oven-Bird pages 551-556; 558-560; 568-576; Lawson-Remer and

Valderrama, Collective Action and the Rules of Surfing pages 3-9 and 13-22
Norms, rules, laws assignment #1 due

Section Two: Theories of Law and Society

What is the role of law in society? How do we use law to create unity in a community?
How does law reinforce or challenge power relations?

10/9

Read: Calavita 1-18; Berman, “An Observation and a Strange but True “Tale”: What
Might the Historical Trials of Animals Tell Us About the Transformative Potential of Law
in America”

10/11

Read: Calavita 18-23; Chambliss, Law of Vagrancy;

Interlude: Property & Law

What are the boundaries of private property? Can societies own property? What
influence do those with large amounts of private property have on the law?

10/16
Read: Marx, Theft of Wood; Steal from work fliers; Ubiñas, “This Forest is Our Forest”;
Ilgunas, “This is Our Country. Let’s Walk It”

Section Three: Obeying Law, Crime, and Punishment

Why do we obey law? What control is exercised on citizens by law and punishment?
Why do different countries punish the same crime so differently? How does the criminal
justice system entrench and increase racial inequality in the United States?

10/18

Read: Calavita 23-30; Foucault (1984). The Foucault reader, pages 216-232; Johnston
“Firms Step up Monitoring of Employee Activities at Work - The Boston Globe.”
BostonGlobe.com,​ February 19, 2016. Available at
https://www.bostonglobe.com/business/2016/02/18/firms-step-monitoring-employee-acti
vities-work/2l5hoCjsEZWA0bp10BzPrN/story.html.

10/30

Read: Tyler, “Compliance and Obedience: Legal,” ​International Encyclopedia of Social

and Behavioral Sciences(​ 2001), pp. 2240-45; Milgram, “Obedience to Authority: An
Experimental View,” ​in​ S. Macaulay, L.M. Friedman & E. Meertz, ​Law in Action: A
Socio-Legal Reader​ (Foundation Press, 2007), pp. 508-516; Daley, Speeding in Finland
Can Cost a Fortune
11/1

Read Alexander, The New Jim Crow pages 20-58; Calavita 59-85

11/6

Read Whitman, “Harsh Justice: Criminal Punishment and the Widening Divide Between
America and Europe,” pages 972-984; Turner & Travis, “What we Learned from
German Prisons,” ​New York Times​ (6 August 2015); Cohen, “DSK Fallout: Time for the
Perp Walk to Take a Hike?,” ​Time​ (11 July 2011); Simon, “Prison is punishment
enough. But in the US, inmates also face violence and humiliation,” ​The Guardian​ (9
April 2015)

Submit two Questions via Canvas for the Review Session by the Beginning of
Class

11/8 Review Session

11/13 ​Midterm

Section Four: Litigation & Tort Law

Are Americans more litigious than people in other countries? Why do people go to
court? How much money do people usually receive in tort lawsuits? Why do Americans
sue for torts more than Europeans?
11/15

Read Calavita 37-58; Eisenberg, Kalantry, and Robinson, “Litigation as a Measure of

Well-Being,” 62 ​Depaul Law Review​ 247 (2013), pp. 247-249; Felstiner, Abel & Sarat ,
“The Emergence and Transformation of Disputes: Naming, Blaming, Claiming . . .,” 15
(3/4) ​Law & Society Review​ 631 (1980 - 1981), pp. 631-637

11/20

Read Haltom and McCann Excerpt #1

Review Felstiner, Abel & Sarat , “The Emergence and Transformation of Disputes:
Naming, Blaming, Claiming . . .,” 15 (3/4) ​Law & Society Review​ 631 (1980 - 1981), pp.
631-637

11/22 No Class Thanksgiving

11/27

Read Haltom and McCann Excerpt #2

Norms, rules, laws assignment two Due

Section Five: Law, Subjugation and Progress

How can law be used to subjugate minority groups? Can law be used by less powerful
minority groups to improve their status?
11/29

Listen to Fresh Air Episode “The Supreme Court Ruling that Led to 70,000 Sterilizations
“

http://www.npr.org/sections/health-shots/2016/03/07/469478098/the-supreme-court-ruli
ng-that-led-to-70-000-forced-sterilizations (Links to an external site.)Links to an external
site.

Read:

History of Buck v Bell available at ​http://exhibits.hsl.virginia.edu/eugenics/3-buckvbell/

(Links to an external site.)Links to an external site.

Mendel’s Law Poem available at

http://www.eugenicsarchive.org/html/eugenics/static/images/1235.html (Links to an
external site.)Links to an external site.

12/4

Read Calavita 135-170

Submit two Questions via Canvas for the Review Session by the Beginning of
Class

12/6 Review Session

Final Exam December 12​th​ 7:30-10:30 p.m.