Courts and Judicial Process Paper 2 Assignment - Tulsa

Professor Ringsmuth POLS 3983 Due: November 17, 2010

Assignment Overview
In class we are exploring how the rules and norms governing the Supreme Court inuence outcomes. In this paper, you will choose a rule/norm from the list provided below to analyze. In your nal paper you must: 1. Select one of the topics below 2. Explain the rule/norm and how it operates on the Court 3. Propose a change to the rule/norm 4. Analyze the expected eects of your proposed change and explain why you believe this would be an improvement 5. Use two outside sources to aid in your analysis of the rule/norm

Paper Topics
The current time restriction for oral arguments The non-binding nature of conference votes The current practices regarding participation in the cert pool The opinion assignment rule The two sources you include in your annotated bibliography may be used in your nal paper but do not have to be used if you nd something better. The outside sources should help you develop your argument about how to change the rule/norm and will then be used in the paper as evidence to support your ideas and arguments. These must be sources outside the readings for class. Your nal paper should be 5-6 pages double spaced (not including the bibliography) using 12 point Times New Roman font with 1 inch margins. The paper will be worth 40 points total. You will analyze the rule/norms eects and propose any changes you deem appropriate and describe their anticipated impact. I will be grading your papers based on a complete and accurate denition of the rule/norm you discuss, the strength and clarity of arguments made, and the overall organization and clarity of the paper (e.g., spelling, grammar, etc.). You must include at least two outside sources (in addition to anything you choose to cite from the textbooks or readings for class) and use it to support your argument. Sources must be relevant and reputable (i.e., Wikipedia is not allowed), and you must be prepared to produce copies of your sources should I request it. In other words, keep a copy of all sources used. All sources must be cited appropriately within the text and included in a bibliography at the end of the paper. You will need to submit two copies of 1

your nal paper. A hard copy is due at the beginning of class and an electronic copy must also be submitted via D2L before class begins on November 17. I recommend that after choosing your topic, you do some reading in potential sources such as newspaper articles, political science journals, books or periodicals to gather more information about the rule/norm and what some of the issues or debates surrounding the rule or aspect of the courts decision-making process. This should then help you decide how you think the rule/norm needs to be changed to address these issues, and craft your argument accordingly. Reminder about academic integrity. Academic dishonesty is broadly dened as submitting work that is not your own without attribution, and is not acceptable in this or any other academic course. Any willful violations of the Universitys academic integrity standards will result in serious consequences such as receiving an F for this assignment. Questions about what constitutes plagiarism, proper use of attributions and citations, and ways to avoid plagiarism must be raised before the paper is due. Refer to the syllabus for oce hours, or email me to arrange a time to discuss any concerns you might have. Please consult the Universitys standards regarding academic integrity and the resulting sanctions at http://www.okstate.edu/ucs/SCEA/sectionX.htm.

Example: Nomination/Conrmation
Currently the president has full discretion to choose a nominee to the U.S. Supreme Court, which he submits to the Senate. The Senate Judiciary Committee holds hearings on the nomination. The Committee then votes on whether to recommend that the nominee be conrmed by the whole chamber. The whole chamber holds debate, and the Senate votes whether or not to conrm the nominee. If a majority of senators vote in favor of the nominee, he or she is conrmed. The process should be altered to facilitate faster conrmations and decrease the opportunities for senators to stall the nomination process. As such, under the proposed changes, the beginning of the process would resemble the Missouri plan that is used to select judges in some states. A panel or committee comprised of a senator from each party, two retired circuit court judges, and the vice president, would select three nominees (all of whom must be unanimously approved) to be provided for the president. The president would then choose from among those nominees, and his selection would be submitted to the Senate for approval according to the process as it currently stands.* Then you would describe the consequences of making the change. For example, having a bipartisan committee select three nominees would make it more dicult for senators to stall or claim to reject nominees based on ideological extremity. This would lead to shorter and smoother conrmations. Decreasing the presidents discretion to select a nominee would constrain his ability to use the bench to shape his own personal legacy through nominating like-minded individuals. Instead, this revised process would increase the chances of having highly-qualied individuals with a great deal of judicial experience that are more appealing to a broader political base. * If you were really recommending this change, you would also need to explain how these committee members would be selected in your paper.