ala con law syllabus (cumberland, brewer)

8/6/2019 Ala Con Law Syllabus (Cumberland, Brewer)

1/5

LAW 740Alabama Constitutional Law

Professor: Albert P. Brewer304 Robinson Hall

Office Hours: Monday - Thursday11:00 A.M. - 12:00 Noon and by Appointment

Required text: Brewer and Cole: Alabama Constitutional Law (2nd ed.)Samford University (1997)

Course objective: To give students a basic understanding of the AlabamaConstitution, its construction, interpretation and application.

Method of instruction: Seminar setting using selected cases illustrative of provisions ofthe state constitution; extensive class discussion; and a researchproject applying constitutional provisions and principles to aspecific topic.

Course requirements: 1. satisfactory attendance and participation in classdiscussions;

2. completion of outside assignments;3. satisfactory completion of research paper on approved

topic;4. presentation to the class ofresearch topic.

Evaluation: There will be no final examination; the final course grade will bedetermined according to the attached grade guide.

1


2/5

LAW 740SELECTED TOPICS, ALABAMA CONSTITUTIONAL LAW

Grades for this course will be determined in accord with the criteria set out on the attached gradesheet. There will be no final examination.Each student will prepare a research paper which should have the following characteristics:

(1) The paper should contain a title page, table of contents, introduction andbibliography;

(2) The introduction should set out the scope of the paper and the methodology ofpresentation;(3) The substance of the paper should follow the outline established in the

introduction, offering, where appropriate, the seminal case or cases, evolutionarycases, trends, and the most recent case or cases;

(4) A conclusion or summary of conclusions, designated as such, which shall be adistinct part of the paper;

(5) Read all Alabama cases on point and include the cases in your bibliography evenif the cases are not used in your paper;

(6) Include federal cases if they amplify specific sections of the AlabamaConstitution.

Each student will select a research topic (to be approved by the professor) which should bedeveloped using treatises, law review articles, encyclopedic works, cases, statutes and any otherappropriate materials, as well as consultations with persons working and/or practicing in thetopical area. Be certain to reference the treatises, law review articles, etc. in your bibliography.Topic selection is very important. The topic must be narrow enough to be adequately treated.The topic can be narrowed if necessary after the student begins research and/or writing.The student shall use the most recent edition of the Uniform System of Citation for citationpurposes. It will assist the student if full and correct citation references are made as the researchis developed.

2


3/5

Be aware of the difference between primary and secondary material. Consult the original!(Secondary material is sometimes misleading.)Be creative in the research and writing process. After becoming saturated in the subject matterreflect upon what you have developed and where the material appears to be evolving.Use an outline in developing your material; proceed to a first draft and refine that draft for clarityand improved composition.Quoted material should be noted as such with correct citation.The use of footnotes is encouraged when appropriate.The following schedule should be observed with regard to the research paper:

(1) The topic must be submitted for approval on or before January 23;(2) The detailed outline of the topic coverage shall be submitted on or before

February 13.(3) Outlines will be returned promptly to students with comments and suggestions;(4) Each student will make an oral presentation of the research topic to the class. A

brief summary of the research paper will be turned in the class period before suchis to be presented to the class with sufficient copies of the summary fordistribution to the members of the class;

(5) The completed research paper will be due on April 24, 2001.

The following are suggested topics:1. Sovereign Immunity in Alabama2. Current status of Batson in Alabama3. Examples where Alabama's Constitution grants greater rights than the U.S.

Constitution4. Evolution of the "intermediate" standard of review in Alabama5. Inverse condemnation - what is a "taking" and what is the remedy?

3


4/5

6. Constitutionality of Alabama's drive-by shooting death penalty statute

7. Legislative immunity in Alabama8. Separation of powers - effect of constitutional amendment requiring legislative

approval of court orders for the payment of public funds9. Does Alabama's Constitution afford equal protection guarantees to Alabama

citizens?10. The constitutionality of Alabama's statute authorizing a court to grant

grandparents visitation rights with children whose parents are divorced11. Due Process rights of professionals before disciplinary boards12. Constitutional Revision in Alabama (historical perspective)13. Constitutional Revision in Alabama (methodology)14. State Immunity under the Eleventh Amendment to the United States Constitution15. Addressing Alabama's regressive tax system16. Avoiding the prohibitions of Section 93 of the Alabama Constitution

17. Judicial override in death penalty cases18. Effective assistance of counsel under the Alabama Constitution19. Constitutionality of Canon 7, Alabama Canons of Judicial Ethics

4


5/5

Grade Sheet forAlabama Constitutional Law

Student's name:Paper topic:

Maximum pointsOverall organization 15Writing style & composition 15Authorities, comprehensiveness 10Formality of citations 5Substance, analysis and

presentation of topic 30Oral presentation of research paper 15Class participation and attendance 10

Grade scaleA 94-100A- 90- 93B+ 87- 89B 84- 86B- 80- 83C+ 75- 79C 70- 74C- 65- 69D+ 61- 64D 55- 60F 0- 54

5

ala con law syllabus (cumberland, brewer)

Documents