American Legal History, AMH 3558
MWF 3rd Period
Turlington 2336
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Professor Elizabeth Dale Office 224 Keene Flint 352.273.3387
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Office Hours: M 11:00-noon W 11:00-noon F 11:00-noon And by appointment |
Focus of the class
This class will look at the legal history of the United States from the 17th century to the last decades of the 20th century. Because legal history is a huge topic, we will be focusing chiefly on the history of criminal and quasi-criminal (that is, regulatory) laws. This will let us see how law and society influence one another, trace the role of constitutional and other influences on criminal justice, and see how ideas of law changed over time.
We will be reading a mix of materials. Much of it will be legal materials: court opinions, excerpts from trial transcripts, and statutes. We will supplement that with some readings from historical studies that put particular trials in their historical context.
Texts
The following materials are required; you should be able to buy them at the University Bookstore, or through an online source like Amazon.com:
Hall, et al., American Legal History (4th ed.)
Kawashima, King Philip’s War
Burnett, Trying Leviathan
Green, Death in the Haymarket
Gage, The Day Wall Street Exploded
At times we will be using online materials. Some of these sources are from the Famous Trials website, prepared by Douglas Linder at UMKC, other materials will come from other sources. You will find links to the online materials we will be working with in the schedule below.
In addition, students who are not history majors (or history majors who would like some background) may wish to purchase Hall, et al., The Magic Mirror (2d ed.). This book is recommended but not required.
Assignments and grading
1st written assignment (8-10 pages) 25%
2d written assignment (8-10 pages) 25%
Take home final (8-10 pages) 25%
Class participation* 25%
*Please note: This is not an attendance grade, this is a participation grade. Students who rarely or never participate in discussion will receive no higher than a C- for participation, regardless of how often they come to class.
Grading is on the following scale:
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A |
4.0 |
C |
2 |
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A- |
3.67 |
C- |
1.67 |
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B+ |
3.33 |
D+ |
1.33 |
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B |
3 |
D |
1 |
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B- |
2.67 |
D- |
.67 |
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C+ |
2.33 |
E |
0 |
Policies
Assignments are due on the day set out in the syllabus, at the start of class. Late work will not be accepted without penalty. Papers turned in late will be graded down, as follows: Papers turned in after class on the day due will be graded down one half grade. Papers turned in a day late will be lowered one full grade (from a B to a C). Papers turned in two days late will be lowered two full grades (from a B to a D) and so on.
Sometimes events intervene that make it impossible to turn material in on time. If this occurs, you must notify me before class (email is fine) and we can work out some arrangement. I will require official documentation to schedule any make-up assignments.
In writing papers, be certain to give proper credit whenever you use words, phrases, ideas, arguments, and conclusions drawn from someone else’s work. Failure to give credit by quoting and/or footnoting is PLAGIARISM and is unacceptable. Copying work written by someone else is also unacceptable. Please review UF’s honesty policy, which is available on my website at http://plaza.ufl.edu/edale or at http://www.dso.ufl.edu/judicial/academic.php.
Students requesting classroom accommodation must first register with the Dean of Students Office (www.dso.ufl.edu/drc/). The Dean of Students Office will provide documentation to the student who must then provide this documentation to the instructor when requesting accommodation.
Schedule
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Week 1 |
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Monday, August 22 |
Introduction to the course |
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Wednesday, August 24 |
American Legal History (ALH): pp. 3-5 |
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Friday, August 26 |
ALH: pp. 7-12 |
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Week 2 |
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Monday, August 29 |
ALH: pp. 51-55; 56-57; 62 |
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Wednesday, August 31 |
Kawashima, King Philip’s War |
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Friday, September 2 |
ALH: 69-71; 77-80 |
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Week 3 |
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Monday, September 5 |
“Negro Plot” Trial (skim the entire file, please read the trial transcript of Cuffee and Quack carefully) |
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Wednesday, September 7 |
ALH: 101-103; 338-339 |
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Friday, September 9 |
Boston Massacre Trial (skim the entire file, please read the Summation by John Adams carefully) |
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Week 4 |
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Monday, September 12 |
Treason Trial of Aaron Burr (skim the entire file, please read John Marshall’s opinion carefully) |
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Wednesday, September 14 |
ALH: pp. 95-96; Constitution of Massachusetts (skim the entire file, please read Part I carefully) |
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Friday, September 16 |
Bill of Rights (the first ten amendments), Constitution of the United States (also available in ALH pp. 693-694) First assignment due |
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Week 5 |
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Monday, September 19 |
ALH: 167-172 |
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Wednesday, September 21 |
Burnett, Trying Leviathan |
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Friday, September 23 |
ALH: 180-187 |
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Week 6 |
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Monday, September 26 |
ALH: 207-217 |
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Wednesday, September 28 |
Carthage Conspiracy Trial (skim the entire file, please read the Daniels’ statement carefully) |
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Friday, September 30 |
ALH: pp. 221-231 |
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Week 7 |
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Monday, October 3 |
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Wednesday, October 5 |
ALH: p. 265-276 |
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Friday, October 7 |
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Week 8 |
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Monday, October 10 |
Mountain Meadows Massacre Trial (skim the entire file, please read the Report on the Massacre and Lee’s Confession carefully) |
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Wednesday, October 12 |
Molly Maguires (skim the entire file, please read the trial of James Kehoe carefully) |
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Friday, October 13 |
Green, Death in the Haymarket |
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Week 9 |
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Monday, October 17 |
ALH: pp. 339-354 |
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Wednesday, October 19 |
Trial of Bill Haywood (skim the entire file, please read the Prosecutor’s Summation and Clarence Darrow’s Summation carefully) |
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Friday, October 21 |
ALH: pp. 399-410 |
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Week_10 |
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Monday, October 24 |
ALH: pp. 367-380 |
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Wednesday, October 26 |
ALH: 380-389; 396-399 |
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Friday, October 28 |
ALH: pp. 420-432 |
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Week 11 |
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Monday, October 31 |
Triangle Fire Trial (skim the entire file, please read NY Safety and Building Laws and the Fire Commissioner Testimony carefully) |
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Wednesday, November 2 |
ALH: pp. 471-475 Second assignment due |
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Friday, November 4 |
No Class, Homecoming |
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Week 12 |
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Monday, November 7 |
ALH: pp. 446-453; 458-461 |
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Wednesday, November 9 |
ALH: pp. 480-486; 490-493 |
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Friday, November 11 |
No Class, Veterans Day Holiday |
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Wk 13 |
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Monday, November 14 |
Gage, The Day Wall Street Exploded |
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Wednesday, November 16 |
Scottsboro Trials (skim the entire file, please read all the appellate decisions carefully) |
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Friday, November 18 |
ALH: 493-495; Adamson v California |
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Wk 14 |
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Monday, November 21 |
Sam Shepard Murder Trial (skim the entire file, please read the Supreme Court opinion carefully) |
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Wednesday, November 23 |
ALH: pp. 554-559; Mapp v. Ohio |
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Friday, November 25 |
No Class, Thanksgiving Break |
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Wk 15 |
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Monday, November 28 |
John Hinkley Trial (skim the entire file, please read jury instructions and the trial and the insanity defense carefully) |
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Wednesday, November 30 |
Bernhard Goetz Trial (skim the entire file, please read the opening and closing statements and the jury deliberations carefully) |
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Friday, December 2 |
ALH: 624-634 |
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Wk 16 |
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Monday, December 5 |
ALH: 673-683 |
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Wednesday, December 7 |
Wrap up |
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Friday, December 9 |
No Class, Reading Period |
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FINALS WEEK |
Take home finals due at 224 Keene Flint by Friday, December 16 at 10:00 |