MVV74K The California Prison System Reform (Case Study)

Faculty of Law
Spring 2011
Extent and Intensity
1/0. 3 credit(s). Type of Completion: k (colloquium).
Teacher(s)
Thomas Clifton (lecturer), prof. JUDr. Věra Kalvodová, Dr. (deputy)
Guaranteed by
prof. JUDr. Věra Kalvodová, Dr.
Department of Criminal Law – Faculty of Law
Contact Person: Hana Brzobohatá
Timetable
Tue 5. 4. 13:30–15:00 133, Wed 6. 4. 16:40–18:10 133, Thu 7. 4. 9:35–11:05 133, Mon 11. 4. 15:05–16:35 025, Tue 12. 4. 16:40–18:10 025, Wed 13. 4. 18:15–19:45 209
Course Enrolment Limitations
The course is only offered to the students of the study fields the course is directly associated with.

The capacity limit for the course is 35 student(s).
Current registration and enrolment status: enrolled: 0/35, only registered: 0/35
fields of study / plans the course is directly associated with
Course objectives
At the and ot the course students should be able to: understand Californian prison system; understand basis of the reform of this system.
Syllabus
  • The course will examine the history of a 10 year long lawsuit in the courts of the State of California, as it was litigated in the trial court, appellate courts, and private arbitration arenas. The background to this case was a referendum vote by the taxpayers of California to reform their state prison system, allowing private employers to set up businesses within prisons and requiring prisoners to pay back out of their wages some of the cost of their room and food, to pay restitution to their victims, and to set money aside for their return to society. The key legal dispute was the standard of pay but also involved were the rights of taxpayers to sue the State forcing it to require more pay for prisoners and thus more reimbursement for room and food, and the right of their private lawyers to millions of dollars in legal fees for these efforts. The course will examine the “referendum” process in California, the way in which voters can directly make the law; the powers of the trial courts to direct and oversee the State’s operation of the prison system; the liability of the State for the outcome of the litigation, as determined in a private but binding arbitration; the intervention of the appellate court on four separate occasions; an intervention by the Supreme Court of the State of California; and the liability of the State for millions of dollars in legal fees allegedly earned by private lawyers related to this litigation. To give the students direct experience of what an American lawyer does in court, they will have an opportunity during this two week course to argue, as if in an American court, the constitutionality of a state law designed to prevent cyber bullying of students through Facebook, MySpace, Twitter, or other forms of social media. Alternatively, they will have the opportunity to examine or cross examine a witness as an American lawyer would at trial. These will be short exercises based upon a few case law handouts or witness statements.
Literature
  • case studies
Teaching methods
lecture, class discussion
Assessment methods
written assignment
Language of instruction
English
Further Comments
Study Materials
The course is taught only once.
  • Enrolment Statistics (recent)
  • Permalink: https://is.muni.cz/course/law/spring2011/MVV74K