PA 752
Public Administration and the Law
Fall 2008
Style Sheet for Paper on the Courts and Public Policy
One page proposal (see example) due: November 3
Paper due: December 12
The purpose of this paper is to give you the opportunity to assess the impact of the various branches of government on the development and implementation of a public policy. Among other things, your paper will explain the important role the courts have had in the development and implementation of the policy you choose. An example of the kind of discussion I have in mind is an article I wrote analyzing the development of affirmative action policy. I do not expect your paper to be as extensive or detailed as that paper.
The assignment requires you to choose a public policy that has been the subject of litigation and to conduct research to uncover the following elements:
What was the background (e.g., legal, political, media attention) that led to the development of the policy?
Which branch of government sought first to develop the policy and what was the result (e.g, Executive Order? Statute?) What did any executive orders or statutes attempt to do?
At what point and how did the court(s) get involved in addressing the policy?
How did the court(s) (in particular, the highest level court that reviewed it) respond to the law; i.e., how did they interpret it? Did they address its constitutionality and, if so, what was their assessment? (Here I expect some analysis of the majority and dissent (if any) opinions). You need not try to find and review every court decision that has addressed the topic—just the most important.
How, did the other branches of government then respond to the court’s ruling, if at all?
A good place to start doing the research for this paper is by looking for articles published on the subject. I suggest going to the Lexis website and clicking on “legal research” and doing a key word search for your topic. Use the bibliography for any one article you find to look for other sources that have addressed the topic, as well as references to relevant court decisions, statutes, and executive orders. The legal news link can also be useful for bringing up short, newspaper articles that provide some background and context.
Do not rely solely on “popular press” articles for your paper—I expect it largely to be based on journal articles, books, court decisions and other documents you might find from credible sources on the Internet. Other documents could include relevant legislative history from Thomas or a state legislature web site (e.g., California’s), information from the website of the agency responsible for implementing the policy (e.g., California’s Department of Fair Employment and Housing), or reports published by think tanks or other organizations that may have looked at the policy (e.g. Public Policy Institute of California).
The paper should be 10-15 pages, double spaced, but no more than 15 pages including references. It should begin with a brief introduction and end with a brief conclusion that summarizes the main points. It should include your assessment as to whether the court’s involvement has been a positive one, and your assessment as to the future direction the policy may take. Your grade will be based on the extent to which you address the above points, and do so in a clear, comprehensive, and well organized manner.
I would be happy to read a preliminary draft of the paper, as long as you turn it in to me by Dec. 1. Papers turned in later than this date will not be reviewed.
Topics you may consider choosing include (but are not limited to):
Sexual harassment
Gay marriage/unions
Abortion
California’s Three Strikes You’re Out law
California’s Prop 197
Prison reform
Public school finance
Redistricting/reapportionment
School desegregation
Americans with Disability Act
You should not choose affirmative action as we will cover this in class.