SYLLABUS

LAW AND PUBLIC AFFAIRS

LAW 502
Course Information
Law 502/Lecture
Wednesdays, 18.30 19.45, 20.00 21.15, SPIA 116
Wednesday, November 9 Public Holiday
Midterm grades due: November 10, 2016
Last day to withdraw from classes: November 14, 2016
Last day of classes: December 16, 2016
Instructor Information
Javid Gadirov, Assistant Professor
jgadirov@ada.edu.az
Office hours:
Every week-day, 13-20 15.20 or by an email appointment
Assistance and consultation
I am available for consultations with students during office hours or by an email appointment.
Every student must have at least one consultation during the semester.
Course description
This course aims to equip students with an understanding of how law operates in the public
space. First of all, basic insights about law, its functions and limitations are discussed.
Secondly, issues of the rule of law and constitutionalism (including judicial review,
federalism, separation of powers and fundamental rights) are addressed in a comparative
perspective. Cases from several jurisdictions (US and some European states) are used to
illustrate issues and approaches to their solutions.
Learning objectives
By the end of the course students are expected to have a framework understanding of the
legal environment in which major constitutional and legislative policies operate. The
expected levels of understanding are indicated in the evaluation and grading criteria section
below.
Teaching Methodology
The course places emphasis on studying original documents and case analysis. During classes
elenctic (Socratic) method, that involves asking questions from students and questioning
their stance, will be used. Students are therefore expected to read material before the class in
order to follow and contribute to the discussion.
Course materials
Excerpts from the following books are used:

 Carol M. Bast, Margie Hawkins, Foundations of Legal Research and Writing (4th ed.)
(hereinafter Bast & Hawkins)
Bradley and Ewing, Constitutional and Administrative Law (10th ed.)
Reading material, including case excerpts, is available on this link: https://adauniversitymy.sharepoint.com/personal/jgadirov_ada_edu_az/_layouts/15/guestaccess.aspx?
guestaccesstoken=BiSJrPPdlI%2bqMBnfk6ryg5ik
%2bsiqvku6rExEfrQVpz0%3d&folderid=2_0d00d7b2dd9814656b782143093887135&rev=1
Evaluation and grading criteria
Grading assignments and exams is based on the following general criteria. A student will get
higher level grades if he or she demonstrates ability to synthesize and evaluate the class
material (offer synthesis and evaluation of material by judging and criticizing theories and
approaches, evaluating and appraising them, by explaining and recommending their
applications, adapting them to situations). To get an average grade level student must show
ability to analyze and apply the class material (offer interpretation and analysis of readings,
compare and contrast concepts, theories and ideas, illustrate them at examples, apply and
question them). To get a lower grade student must know and understand the class material
(offer straightforward information about readings, be able to describe concepts and theories in
their own words, note the differences between them, outline main characteristics etc.).
The following activities contribute to the final grade in the following proportion:
Activity
Written Assignment 1
Midterm exam
Written Assignment 2
Final exam

% of Final Grade
15
30
15

Projected date or deadline

October 14
November 2
December 2

40

TBD

For each item above you will get a numeric grade, the last, final letter grade will reflect the
sum of these numeric grades. Numeric grades are projected into letter grades as following:
A = 94 100%, A- = 90 93%, B+ = 87 89%, B = 83 86%, B- = 80 82%, C+ = 77
79%, C = 73 76%, C- = 70 72%, D+ = 67 69 %, D = 60 66 %, E = 0 59%
Midterm Exam
Midterm exam will be in class written exam and will take place on the week of 25-30
October. Midterm may entail short questions (definitions) and short essays or case-analysis.
Midterm will be a closed-book exam. It is not allowed to leave the room/lab during the inclass exams.
Final Exam
Final exam will be in-class written exam. Final exam may entail short questions (definitions),
short essays, and case analysis. Final exam may have both closed-book and open-book parts.
It is not allowed to leave the room/lab during the in-class exams.
Written Assignments
There are two written assignments in this course, and each earns 15% of the final grade (in
total 30% for both assignments). First written assignment is due before the midterm, and
second is due after the midterm and before the final exam.

Written assignments will be will be case-briefs, memos or papers on assigned questions. A

brief is typically a 1-page document; a memo will be about 400-600 words document on a
question I will assign. They must be uploaded to the Powercampus in Microsoft Word or
OpenOffice document format.
Assignments must be written in Times New Roman 12, double spaced, no extra margins.
Copying from another student will result in punishment of both participants to the cheating.
References to other texts must be acknowledged and put in quotation marks.
Written assignments will be checked on Turnitin for cheating and plagiarism. Late
submissions will result in grade lowering (every 24 hours is -10% of the assignment grade).
Attendance and Tardiness
Attendance is an indispensable element of the educational process. In compliance with
Azerbaijani legislation, instructors are required to monitor attendance and inform the
Registrar and the Dean of the students respective School when students miss significant
amounts of class time. Students who fail to attend 25% of classes would fail the course.
Students are responsible for arriving on time for classes. Late arrival or early departure
results in disruption to class members and is unfair to the student body and the instructor.
Once a student is late to class for 15 minutes or more, or leaves the class for the similar
period, the professor may not allow the student into the class and consider the occurrence as
complete absence.
Grade Appeal
The responsibility to assign grades lies with the course instructor. Students who contend that
their grade is not an accurate reflection of their accomplishments in a class should first
discuss their grade assessment with the instructor. If after the discussion the instructor is
persuaded to change the grade, he/she must immediately inform the Registrar and the Dean as
soon as possible. In the case of data input or communication error, notification to the
Registrar will be sufficient. If after discussing the grade with the instructor the student
remains dissatisfied, it is possible to initiate a grade appeal. This appeal is admissible in a
case where the student feels the instructor's grade is in error. A grade appeal must be filed
within five working days after the reception of the final grade. The appeal must be sent to the
Dean of the college in which the course is offered and must include a detailed description of
why the student feels the grading assessment was in error. The student may withdraw the
appeal at any point during the process. It is the Dean who will make the decision of whether
or not the student's appeal has merit. If the Dean decides the appeal is unfounded, the appeal
is denied; however, if the dean finds the appeal has merit, he/she will convene a committee
consisting of the Dean and two neutral faculty members to discuss the appeal. The committee
shall have the right to consult with both the instructor and the student during the appeal
process. The Dean will make a decision on the case within one week after the reception of the
appeal. The decision will be made in writing and will be communicated to both the student
and the instructor. The committee's decision is final. It is important that the student be alerted
to the fact that the committee's decision may result in the original grade being lowered. If a
grade change is decided, that decision must be sent to the Registrar's Office at once.
Some Rules & Expectations
If you need to leave early, notify me prior to the class and sit closer to the door.
I may communicate with you via e-mail. You are responsible to check that your e-mail
address on file with the university is the address you are using regularly.

Academic Honor Code

At ADA University, if student is found guilty of academic dishonesty for the first time, he
or she would fail the course. If the case repeats again, student will be expelled for ADA
University. For more information, please read ADA Honor Code here:
http://www.ada.edu.az/en-us/pages/honor_code.aspx
Academic dishonesty includes, but is not limited to, the following:
Cheating: The act of deception by which a student who misrepresents mastery of information
on an academic exercise. These acts can be either premeditated or not.
Plagiarism: The unacknowledged inclusion of someone elses actual words or paraphrases,
ideas or data as ones own. This means that sources of information must be appropriately
cited with footnotes or quotation marks and identified, whether published or unpublished,
copyrighted or uncopyrighted.
Academic Misconduct: The actual or attempted tampering or misuse of academic records or
materials such as transcripts and examinations.
Falsification/Fabrication: The intentional use of false information or the falsification of
research, findings, personal or university documents with the intent to deceive.
Accessory to Acts of Academic Dishonesty: The act of facilitating, supporting or conspiring
with another student to commit or attempt to commit any form of academic dishonesty.
Academic work always relies on other peoples work, and there are standards on how to do
that while acknowledging those people. To understand what plagiarism is, see:
Purdue University's "Avoiding Plagiarism" at
http://owl.english.purdue.edu/handouts/research/rplagiar.htm
Georgetown University's "What is Plagiarism," at
"http://gervaseprograms.georgetown.edu/honor/system/53377.html"
http://gervaseprograms.georgetown.edu/honor/system/53377.html
Indiana University's "Plagiarism: What It Is and How To Recognize and Avoid It" at
http://www.indiana.edu/~wts/pamphlets/plagiarism.shtml
Disability Statement
ADA University provides upon request appropriate academic accommodations for qualified
students with documented disabilities. Any student who feels s/he may need an
accommodation based on the impact of a disability should notify the Office of Disability
Services and Inclusive Education about his/her needs before the start of the academic term.
Please contact Mr. Elnur Eyvazov, Director of the Office of Disability Services and Inclusive
Education; Phone: 4373235/ext249; Email: eeyvazov@ada.edu.az.
COURSE CONTENTS
Part I: Basics
Session 1. Introduction. Sources of law. Common law and civil law. (21.09)
Main sources of law, differences between major legal systems of the world, role of judicial
decisions will be discussed.
Reading: Bast & Hawkins, chapters 1, 2 and 3.
Session 2. Judicial system and litigation (28.09)

How litigation works, major types of cases and opinions, court systems and procedure, legal
terminology are covered. Case briefing.
Reading:
Bast & Hawkins, chapters 4 and 5.
How to write a case-brief: www.lexisnexis.com/en-us/lawschool/pre-law/how-tobrief-a-case.page
Session 3. Basics of legal writing (05.10)
How to write case briefs and memos.
Bast & Hawkins, chapters 10, 13, 14.
Part II: Constitutional principles of the US
This part of the course provides an introduction to the working of the US constitution,
including issues such as judicial review, federalism, separation of powers and fundamental
rights.

Session 4. Introduction to US Constitution (12.10)

Articles of Confederation
Federalist paper No. 10
Federalist paper No. 51
US Constitution
Written assignment #1 deadline is October 14

Session 5. Judicial review (19.10)

Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803)
Baker v. Carr, 369 U.S. 186 (1962)
Allen v. Wright, 468 U.S. 737 (1984)
Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992)

Session 6. Federalism (26.10)

McCulloch v. Maryland, 17 U.S. 316 (1819)
Gibbons v. Ogden, 22 U.S. 1 (1824)
US v Lopez, 514 U.S. 549 (1995)
Garcia v. San Antonio Metropolitan Transit Authority, 469 U.S. 528 (1985)

Session 7. Separation of powers (02.11)

INS v. Chadha, 462 U.S. 919 (1983)
Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952)
United States v. Curtiss-Wright Export Corp., 299 U.S. 304 (1936)
MIDTERM EXAM
Session 8. Fundamental rights (16.11; 23.11)
8.1 Due Process
Lochner vs. New York, 198 U.S. 45 (1905)
United States v. Carolene Products Company, 304 U.S. 144 (1938), with special attention to
footnote 4
Williamson v. Lee Optical Co., 348 U.S. 483 (1955)

 Griswold v. Connecticut, 381 U.S. 479 (1965)

Shapiro v Thompson, 394 U.S. 618 (1969)
8.2 Equal Protection
Korematsu v. United States, 323 U.S. 214 (1944)
Plessy v. Ferguson, 163 U.S. 537 (1896)
Brown v. Board of Education of Topeka, 347 U.S. 483 (1954)
Obergefell v Hodges (2015)
Part III: Constitutional principles of European states
This part of the course covers fundamentals of constitutional traditions of select European
countries (UK, France and Germany) in comparative perspective.
Session 9. Introduction to the constitution of the United Kingdom (30.11)
Bradley and Ewing, excerpt
R.v. Secretary of State, Ex Parte Daly, [2001] UKHL 26
Written assignment #2 deadline is December 2

Session 10. Introduction to the constitution of France (07.12)

Constitution of 1958
Neuman paper
Dwarf tossing case, Conseil dEtat, 1995
Decision on the Act prohibiting the concealing of the face in public (2010)
Corinne case (Prohibition of marriage between persons of the same sex)

Session 11. Introduction to the constitution of Germany (14.12)

German Basic Law
Luth case
Mephisto case
Part IV: Overview (TBD)
This part of is an overview of the issues discussed throughout the course at the examples of
case studies that will be determined and assigned two weeks in advance.
FINAL EXAM
Disclaimer
Instructor could modify schedule of the classes as necessary.