Phil 114: Philosophical Issues in the Law
Dr. Amelia M. Wirts, JD, PHD (she/her)
Lectures: M/W11:30-12:50, Condon 109
Office Hours: Tu 12:30-2:30, Savery 381
TAS:
Gabbi Courtenay: email: gcourt5@uw.edu | office hours: W 1pm - 3pm @ Savery Hall 3rd Floor Big Table
- Section AB (Tu/Th 9:30-10:20, THO 231)
- Section AC (Tu/Th 11:30-12:20, ART 006):
Jesus Raya: email: rjesus@uw.edu | office hours: MW 1pm - 2pm @ Savery Hall 3rd Floor Big Table
- Section AD (Tu/Th 12:30-1:20 ART 004)
- Section AE (Tu/Th 1:30-2:20 CLK 120)
Course Content:
This course is a case-based introduction to philosophical issues in the law. Unlike standard philosophy of law courses, in which most of the readings are written by philosophers or law school professors, most of the readings in this course are actual judicial opinions from the United States' courts. We will read selections from some of the most important judicial opinions in the history of the United States and explore the philosophical issues raised by them. This course will teach you to read American case law, analyze the arguments therein, and write about law in a philosophical way. In this course, we will read cases in these major areas: Equal Protections for Race, Due Process Protections for Reproductive Rights and Family Rights, Federalism and Civil Rights Protection, and Rights Against Search and Seizure under the 4th Amendment. Reproductive Rights and Privacy, LGTBQ Rights and Privacy, Civil Rights and Federalism, and Rights Against Search and Seizure and the Fourth Amendment cases.
Grade Components:
Grades in this course will be based on the following:
- Participation in PollEverywhere questions during Lectures: 5%
- Weekly Section Exercises: 10%
- Weekly Quizzes: 10%
- Exam: 20%
- Writing Assignment 1: 25%
- Final Writing Assignment: 30%
Poll Everywhere Participation in Lecture
All students should be sure that they can log into their poll everywhere accounts before the first day of class.
Throughout lecture, I will ask you to participate in a variety of short polls and multiple choice questions using Poll Everywhere. I will use these as a way to review old material and to introduce new material. Some will be the kinds of questions with correct and incorrect answers. Others will be the kinds of questions that do not have right answers, but help us have a conversation in class. Your participation in each poll will be recorded, not whether or not you get the right answer, when there is a correct answer, and the percentage of questions you participate in will make up your score. Thus, you must attend class regularly and participate in the Poll Everywhere questions and surveys.
There will be 2-5 per class, so missing a few days will have minimal impact on you grade. I will give everyone a 20 question cushion to allow for missing classes due to illness.
If you have a technology trouble while answering questions in class, notify your TA in person as soon as class ends. They will make sure you get credit for your attempts even if the technology fails.
Weekly Section Exercises
Each week, you have two section meetings. Most Thursdays you will have quizzes during section. On days you do not have quizzes, your section will include in-class exercises to discuss topics from lectures in more depth with classmates as well as practice the writing skills that will be necessary for the bigger writing assignments.
Full credit (10% of final grade) requires earning at least 24 points. There will be 10 section meetings with section exercises, and you will earn 3 points for each exercise you do in class. Thus, you can miss 2 of the 10 exercises and still receive full credit. If you miss a significant part of the exercise by being very late to section or leaving very early, you may lose 1 or 2 points on that day's exercise.
Email your TA within 72 hours if you are unable to attend section due to family emergency or illness. You will have an opportunity to make up points, but only for excused absences.
Weekly Quizzes
On each Thursday section, there will be a short, multiple choice/true false quiz of between 5-10 questions. The answers are things from readings and class discussion. They will be things that were discussed in class or section. Quizzes are closed-note, and you must be in section that day to take the quiz. Your two lowest quiz grades will be dropped.
If you must miss section for an excused reason (illness or family emergency), contact your TA within 72 hours of missing section to schedule your make-up quiz. You may only make the quiz up for excused absences.
Writing Assignments
There will be two assignments that require that you reconstruct the arguments about key cases and the philosophical theories we read about them. We will work on argument reconstruction and building your own argument during class lectures and sections.
Grade Scale
I convert percentage to the UW 4.0 Scale in the following way:
- 95%=4.0,
- 85%=3.0,
- 75%=2.0
- Between these, 1% =0.1., so a 93%= 3.8
- I round 0.5% up; thus, de facto 94.5%=4.0, 84.5%=3.0, etc.
- I round up 60% to 0.7, instead of leaving the 0.7 cutoff at 62%.
Class Policies:
Late Assignments
Quizzes and section participation must be completed by their due date to get credit. Email your TA or me if you need an extension for family emergencies or illness for these types of assignments.
Extensions:
We have a generous extension policy for writing assignments. Please email your TA if you need an extra day or two, for any reason. You do not need to give details reasons, doctors' notes, or other documentation. Papers turned in more than 2 days after the deadline may receive significantly less feedback.
Weekly quizzes and section participation should be completed within the time window except in cases of health or family emergencies. Email your TA if you have a health issue or family emergency. We drop the lowest quiz grade.
PollEverywhere points cannot be made up. Students can miss up to 4 lectures before they lose any points. If you have an extended illness or family emergency that goes beyond missing lectures, please email Prof. Wirts to create a plan to make up these points.
COVID Stuff:
As we have seen over the last two years, covid can disrupt our classes and lives in call kinds of ways. Please always stay home if you are feeling sick, get tested often for covid, and follow any school policies.
Masks are not required, but they are encouraged.
Covid also highlighted how tough many requirements are for all of us. Let's continue to have grace with ourselves and each other as we move into yet another phase of living with this pandemic.
Discord Servers, etc:
Students sometimes like to set up a Discord for the class to share information, get to know one another, and have somewhat of a community. If students wish to set these up, they should feel free to do so. No student must join such a group. While it is completely acceptable to share notes or discuss class material in such groups, it is never okay to share answers to the quizzes. Whatever you turn in should be your work and not something that was shared with you by another student. It is a violation of the academic code of conduct to upload answers to homework or tests or to use someone else’s answers on your own assignments or tests on a Discord server, or anywhere else. Please respect these rules, and those who run any Discord or similar service should immediately remove any shared answers or any requests to share answers. There are serious academic consequences for failure to follow these rules.
Academic Dishonesty:
Please see the section below that talks more about the University's policy for academic dishonesty. If a student participates in any way in academic dishonesty in this class, I reserve the right to give them a zero on the relevant assignment or test as well as further penalties including a failing grade in the course itself.
No Class Recordings
It is against state law to record lecture or section without the express permission of the instructor, and the policy in this class forbids such recordings. The only exceptions are for students who have special accommodations for class recordings from DRS.
Tentative Class Schedule:
This schedule is subject to change, and the authoritative reading assignments will be whatever is listed in the weekly modules. Where there is a difference between this list and the weekly module, always follow the weekly module.
NOTE: All readings will be available on Canvas either as PDFs or as links to websites. You can find readings in the weekly modules, and PDFs will also be in the readings folders on the Files tab on the left.
Introduction to Philosophy and Law
Wednesday, September 24: Introduction
- Key Concepts for Understanding American Jurisprudence
- Poll Everywhere Set Up
Monday, September 29: How to read a Case
- How to read a court case
- Pierson v. Post
Unit 1: Equality and the 14th Amendment
Wednesday, October 1
- The United States Constitution, selections.
- Plessy v. Ferguson (1896)
- Hirabayashi v. United States (1943)
Monday, October 6
- "Discrimination and Social Meaning" by Deborah Hellman
Wednesday, October 8
- Brown v. Board of Education
- Loving v. Virginia (1967)
Monday, October 13
- "Anti-Discrimination Principle" by Owen Fiss
Wednesday, October 15
- Washington v. Davis (1976)
- "The Group Disadvantaging Principle" by Owen Fiss
Monday, October 20:
- United States v. Skrmetti
Unit 2: Fundamental Rights, Privacy, and Judicial Interpretation
Wednesday, October 22
- Griswold v. Connecticut
- Roe v. Wade
Monday, October 27
- "Constitutional Cases" from Taking Rights Seriously By Ronald Dworkin
Wednesday, October 29
- Bowers v. Hardwick
- Lawrence v. Texas
Monday, November 3
- "Constitutional Originalism" by Antonin Scalia
Wednesday, November 5
- "Alive and Kicking: Why no one truly believes in a dead Constitution." by Jack Balkin
- Obergefell v. Hodges
Monday, November 10
- Dobbs v. Jackson Women's Health (2022)
Unit 3: The Exclusionary Rule and Remedies for Constitutional Violations
Wednesday, November 12
- Read 4th Amendment, United States Constitution
- Intro to the Exclusionary Rule
- US v. Weeks
- Mapp v. Ohio,
Monday, November 17
- "Fourth Amendment First Principles" by Akhil Reed Amar
Wednesday, November 19
- Exam: Units 1 and 2
Monday, November 24
- U.S. v. Leon
- Herring v. U.S.
Wednesday, November 26: NO CLASS
Monday, December 1
- Terry v. Ohio
- Utah v. Strieff
Wednesday, December 3
- "The Exclusionary Rule" by Guido Calibrisi
-
"Qualified Immunity Shields Police From Justice" - The New York Times
More Policies and Resources
Academic Misconduct
Academic misconduct, including plagiarism, is prohibited by the Student Conduct Code for the University of Washington and is taken very seriously by the UW. According to the student conduct code, academic misconduct includes:
- "Cheating" which includes, but is not limited to:
- The use of unauthorized assistance in taking quizzes, tests, or examinations, or completing assignments;
- The acquisition, use, or distribution of unpublished materials created by another student without the express permission of the original author(s);
- Using online sources, such as solution manuals, without the permission of the instructor to complete assignments, exams, tests, or quizzes; or
- Requesting, hiring, or otherwise encouraging someone to take a course, exam, test, or complete assignments for a student.
- "Falsification," which is the intentional use or submission of falsified data, records, or other information including, but not limited to, records of internship or practicum experiences or attendance at any required event(s), or scholarly research.
- "Plagiarism," which is the submission or presentation of someone else's words, composition, research, or expressed ideas, whether published or unpublished, without attribution. Plagiarism includes, but is not limited to:
- The use, by paraphrase or direct quotation, of the published or unpublished work of another person without full and clear acknowledgment; or
- The unacknowledged use of materials prepared by another person or acquired from an entity engaging in the selling of term papers or other academic materials.
- Unauthorized collaboration.
- Engaging in behavior specifically prohibited by an instructor in the course of class instruction or in a course syllabus.
- Multiple submissions of the same work in separate courses without the express permission of the instructor(s).
- Taking deliberate action to destroy or damage another's academic work in order to gain an advantage for oneself or another.
- The recording of instructional content without the express permission of the instructor(s), unless approved as a disability accommodation, and/or the dissemination or use of such unauthorized records.
(Source: WAC 478-121 - Academic Misconduct)
Plagiarism may lead to disciplinary action by the University against the student who submitted the work. Any student who is uncertain whether his or her use of the work of others constitutes plagiarism should consult the course instructor for guidance before formally submitting the course work involved.
Incompletes
Incomplete grades may only be awarded if a student is doing satisfactory work up until the last two weeks of the quarter and has furnished proof satisfactory to the instructor that the work cannot be completed because of illness or other circumstances beyond the student’s control. (Sources: Office of the Registrar – Incomplete Grades), UW General Catalog, Student Guide – Grading System)
Grade Appeal Procedure
A student who believes that the instructor erred in the assignment of a grade, or who believes a grade recoding error or omission has occurred, shall first discuss the matter with the instructor before the end of the following academic quarter (not including Summer Quarter). If the student is not satisfied with the instructor’s explanation, the student, no later than ten days after their discussion with the instructor, may submit a written appeal to the chair of the Department of Philosophy with a copy of the appeal also sent to the instructor. The chair consults with the instructor to ensure that the evaluation of the student’s performance has not been arbitrary or capricious. Should the chair believe the instructor’s conduct to be arbitrary or capricious and the instructor declines to revise the grade, the chair, with the approval of the voting members of his or her faculty, shall appoint an appropriate member, or members, of the faculty of the Department of Philosophy to evaluate the performance of the student and assign a grade. The Dean and Provost should be informed of this action. Once a student submits a written appeal, this document and all subsequent actions on this appeal are recorded in written form for deposit in a School file. (Source: UW General Catalog, Student Guide – Grading System)
Concerns About a Course, an Instructor, or a Teaching Assistant
If you have any concerns about a philosophy course or your instructor, please see the instructor about these concerns as soon as possible. If you are not comfortable talking with the instructor or not satisfied with the response that you receive, you may contact the chair of the program offering the course (names available from the Department of Philosophy, 361 Savery Hall).
If you have any concerns about a teaching assistant, please see the teaching assistant about these concerns as soon as possible. If you are not comfortable talking with the teaching assistant or not satisfied with the response that you receive, you may contact the instructor in charge of the course. If you are still not satisfied with the response that you receive, you may contact the chair of the program offering the course (names available from the Department of Philosophy, 361 Savery Hall), or the Graduate School at G-1 Communications Building (543-5900).
Equal Opportunity
The University of Washington reaffirms its policy of equal opportunity regardless of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or status as a disabled veteran or Vietnam-era veteran in accordance with University of Washington policy and applicable federal and state statutes and regulations.
Access and Accommodations
Your experience in this class is important to the instructor. If you have already established accommodations with Disability Resources for Students (DRS), please communicate your approved accommodations to the instructor at your earliest convenience so you can discuss your needs in this course.
If you have not yet established services through DRS, but have a temporary health condition or permanent disability that requires accommodations (conditions include but are not limited to: mental health, attention-related, learning, vision, hearing, physical or health impacts), you are welcome to contact DRS at 206-543-8924 (Voice & Relay) or uwdrs@uw.edu or disability.uw.edu. DRS offers resources and coordinates reasonable accommodations for students with disabilities and/or temporary health conditions. Reasonable accommodations are established through an interactive process between you, your instructor(s) and DRS. It is the policy and practice of the University of Washington to create inclusive and accessible learning environments consistent with federal and state law.
Sexual Harassment
Sexual harassment is defined as the use of one’s authority or power, either explicitly or implicitly, to coerce another into unwanted sexual relations or to punish another for his or her refusal, or as the creation by a member of the University community of an intimidating, hostile, or offensive working or educational environment through verbal or physical conduct of a sexual nature.
If you believe that you are being harassed, seek help—the earlier the better. You may speak with your instructor, your teaching assistant, the undergraduate advisor (363 Savery Hall), graduate program advisor (366 Savery Hall), or the chair of the philosophy department (364 Savery Hall). In addition, you should be aware that the University has designated special people to help you. For assistance you may contact: SafeCampus; Office of the Ombud (339 HUB, 206-543-6028); Title IX Investigation Office (for complaints that a University student has violated the sexual misconduct provisions of the Student Conduct Code); University Complaint Investigation and Resolution Office (for complaints concerning the behavior of University employees, including faculty, teaching assistants, and other student employees).
Integrity
The Office of Research Misconduct Proceedings (ORMP) coordinates the University’s handling of allegations of research misconduct against members of the University community, in consultations and cooperation with the University’s schools, colleges, and campuses.
University rules define scientific and scholarly misconduct to include the following forms of inappropriate activity: intentional misrepresentation of credentials; falsification of data; plagiarism; abuse of confidentiality; deliberate violation of regulations applicable to research.
Students can report cases of scientific or scholarly misconduct either to the ORMP, to their faculty adviser, or the department chair. The student should report such problems to whomever he or she feels most comfortable.
(Sources: Executive Order No. 61 – Research Misconduct Policy; Office of Research Misconduct Proceedings; minutes of Grad School Executive Staff and Division Heads meeting, 7/23/98.)
SafeCampus
Preventing violence is everyone's responsibility. SafeCampus is the University of Washington’s Violence Prevention and Response Program. They support students, staff, faculty, and community members in preventing violence.
SafeCampus staff will listen to your concerns and provide support and safety plans tailored to your situation. Caring, trained professionals will talk you through options and connect you with additional resources if you want them.
If you're concerned, tell someone.
- Always call 911 if you or others may be in danger.
- Call 206-685-SAFE (7233) to report non-urgent threats of violence and for referrals to UW counseling and/or safety resources. TTY or VP callers, please call through your preferred relay service.
- Don't walk alone. Campus safety guards can walk with you on campus after dark. Call Husky NightWalk 206-685-WALK (9255).
- Stay connected in an emergency with UW Alert. Register your mobile number to receive instant notification of campus emergencies via text and voice messaging. Sign up for UW Alert
- For more information visit the SafeCampus website.
Religious Accommodations
Washington state law requires that UW develop a policy for accommodation of student absences or significant hardship due to reasons of faith or conscience, or for organized religious activities. The UW’s policy, including more information about how to request an accommodation, is available at Religious Accommodations Policy (https://registrar.washington.edu/staffandfaculty/religious-accommodations-policy/). Accommodations must be requested within the first two weeks of this course using the Religious Accommodations Request form (https://registrar.washington.edu/students/religious-accommodations-request/).
Food Insecurity and Hardship
Any student who has difficulty affording groceries or accessing sufficient food to eat every day, or who lacks a safe and stable place to live and believes this may affect their performance in the course, is urged to contact the UW Any Hungry Husky Program. Any Hungry Husky provides hunger relief free of judgment or stigma. Go to https://www.washington.edu/anyhungryhusky/ for information about the food pantry and food security grants. In addition, UW offers emergency aid for students experiencing unexpected financial hardships that may disrupt their education or get in the way of completing their degree. Go to https://www.washington.edu/emergencyaid/ for more information about how to apply.