Readings:  One book is available for purchase: John Lott, More Guns, Less Crime; other material will either be handed out or put on reserve. Some material is available online. If you are off-campus you may need to create a proxy--your login is your 14-digit student ID, and the password is 'fau'.

Requirements: Be sure to bring to each class the reading for that day's class and take notes on the readings.  There will be 5 assignments, one for each substantive topic covered. Assignments may take the form of a quiz, take-home quiz, or short (1-2 page) paper. Each assignment will be worth 20% of the course grade. Students agree to adhere to the honor code, the text of which is at www.fau.edu/divdept/honcol/students/honorcode.html. While you are encouraged to discuss course material with each other, all assignments must be entirely your own work, and you are not permitted to copy or borrow from the drafts, outlines, or reading notes of others. If you have any doubts about what constitutes plagiarism or a violation of the honor code, consult with the professors beforehand.  Attendance and participation is required. Each unexcused absence beyond one will result in a 1/3 grade reduction for the course (e.g. with 3 unexcused absences, A becomes B+)

Contacting the Instructors:
Prof. Mark Tunick: phone: 799-8650; email: tunick@fau.edu; Prof. Ted Murphy: phone: 799-8609; email: emurphy@fau.edu

Jan. 17: Liberal and nonliberal theories of the state
    Rdg: J.S. Mill, On Liberty, Ch. 1, pars. 9-12; and Ch. 4; James Fitzjames Stephen, 'The Doctrine of Liberty in its Application to Morals' (in Dworkin, ed. Morality, Harm, and the Law, 26-35)

Jan. 24: Libertarian theories of the state and distributive justice
    Rdg: Robert Nozick, Anarchy, State and Utopia, pp. ix-xi, 10-17, 22-35, 149-64, 167-174

II. Reparations for slavery
Jan. 31: The public debate
    Rdg: TransAfrica's Case for Reparations, online ; David Horowitz's '10 reasons' against reparations, online ; Bakari Akil and Armstrong Williams, online; Glenn Loury Interview, online.

Feb. 7: Legal History
    Rdg: Jonathan A. Bush, "Bondage, Freedom and the Constitution: The New Slavery Scholarship and its impact on law and legal historiography,"  18 Cardozo L. Rev. 599 (1996), available at lexis-nexis;  short excerpts from: Prigg v Pennsylvania 41 U.S. 539; 10 L. Ed. 1060 (1842) and Scott v Sandford (Dred Scott) 60 U.S. 393; 15 L. Ed. 691 (1856)

For those interested:
Class action suit, Farmer-Paellman v. FleetBoston Financial Corp. et al, online
David Horowitz, Uncivil Wars
Fogel, Without Consent or Contract, ch. 3
Findlaw sources on slavery reparation
CQ Researcher: 'Reparations movement': available online (from FAU domain: search 'Reparations')

III. Gun control
Feb. 14: John Lott, More Guns, Less Crime, chapters 1-4

Feb. 21: John Lott, More Guns, Less Crime, chapters 5-6

Feb. 28: The political and academic debate
    Rdg: John Lott, More Guns, Less Crime, chapters 7-8

March 7: No class due to spring break

IV. Intellectual property rights
March 14:  Stephen Breyer, “The Uneasy Case for Copyright: a study of copyright in books, photocopies, and computer programs,” Harvard Law Review 84:281-351 (December 1970), Part II (pp. 284-323)

March 21: Copyright Term Extension Act (CTEA), online; and two briefs in Eldred v. Ashcroft (2001 U.S. Briefs 618): Brief of economists (Akerlof, Arrow, et.al.) of May 20, 2002, against CTEA; and brief of Motion Picture Association of America, Inc. of August 5, 2002, in favor of CTEA: available at lexis-nexis (select legal research/federal case law/limit search to Supreme Court briefs within last year, and search for 'Eric Eldred'; scroll to the two briefs and print)

For those interested:
Eldred v Ashcroft Supreme Court Opinion
Charles Mann, 'Who will own your next good idea?' Atlantic Monthly, Sept. 1998, all 3 parts areonline
"The White Paper" of the Working Group on Intellectual Property Rights, 1995, online
Pamela Samuelson, "The Copyright Grab," criticism of 'White Paper', Wired 4.01 (Jan 1996), online
Selected copyright decisions (Cornell)
Findlaw sources on Napster
Resources from Congressional Quarterly Research (from FAU domain: search 'copyright')
Glenn Brown, 'Running for Cover" (policing digital on-line music networks), The New Republic Online, July 27, 2000
Music on the net: briefing book from Harvard's Berkman Center

V. Tobacco company liability

March 28: Excerpts from 'The Truth is, Anti-Smoking Ads Work', by Robert Worth, orig. Palm Beach Post 03/28/99, online; Amicus brief in A.D. Bedell Wholesale Co., Inc., and Triangle Candy & Tobacco Co., v. Philip Morris, Inc., R.J. Reynolds Tobacco Co., Inc., and Brown & Williamson Tobacco Corp. available online

April 4: World Bank Group, "Do Smokers Know their Risks and bear their Costs?", ch. 3 of Curbing the Epidemic: Governments and the Economics of Tobacco Control, available online
In addition, we will screen two videos: "Yes, Prime Minister"; and tobacco ad from a 1950s Dragnet tv show

For those interested:
Film: The Insider
Curbing the Epidemic: Governments and the Economics of Tobacco Control, available online.
Sean Carter, "Burgers, Nuggets and Fries... Oh My!," available online;
Geraldine Sealey, Whopper of a Lawsuit," available online;
Burnham, Legal System of the U.S., ch. 11 (Tort law)
Philipmorris website
Findlaw sources on tobacco litigation
CQ Researcher: "Closing in on Tobacco": available online (from FAU domain: search 'Tobacco')

VI. Voting rights and redistricting
April 11: Fourteenth Amendment to US Constitution, online; Madison,  Federalist No. 10, online (also in box outside Prof. Murphy's office);  Shaw v Reno [Shaw I] 509 U.S. 630 (1993), available online
For those interested:  Colegrove v Green, 328 U.S. 549 (1946); Baker v Carr, 369 U.S. 186 (1962);Reynolds v Sims, 377 U.S. 533 (1964); Davis v Bandemer, 478 U.S. 109 (1986)
April 18: Robert Richie and Steven Hill , “The Case For Proportional Representation”, The Center for Voting and Democracy, online;  Albert Huebner, “Beyond Majority Rule”, Toward Freedom, October 1998, online ; Dimitar Ilievski, “Wave of the Future: ‘Human rights,’ Lani Guiner, and the destruction of Macedonia,” Antiwar.com, August 2, 2001, online

For those interested:
Lani Guinier, Tyranny of the Majority
James Etienne Viator, "The Losers Know the Meaning of the Game: What the Anti-Federalists can Teach us about Race-Based Congressional Districts," 1 Loy. J. Pub. int. L. 1 (Spring, 2000)

Additional notes:
Policy on Accommodations: In compliance with the Americans with Disabilities Act (ADA), students who require reasonable accommodations due to a disability to properly execute coursework must register with the Office for Students with Disabilities (OSD) -- SR 110 (561-799-8010) – and follow all OSD procedures.

Academic Integrity Policy:Students at Florida Atlantic University are expected to maintain the highest ethical standards. Academic dishonesty is considered a serious breach of these ethical standards, because it interferes with the university mission to provide a high quality education in which no student enjoys an unfair advantage over any other. Academic dishonesty is also destructive of the university community, which is grounded in a system of mutual trust and places high value on personal integrity and individual responsibility. Harsh penalties are associated with academic dishonesty. For more information, see University Regulation 4.001 and http://www.fau.edu/divdept/honcol/students/honorcode.html

Classroom Etiquette Policy: In order to enhance and maintain a productive atmosphere for education, personal communication devices, such as cellular telephones and pagers, are to be disabled in class sessions.