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Papers On Supreme Court & Constitutional Law
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Affirmative Action and Equal Protection: An Interpretation of Supreme Court Rulings
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A 7 page overview of the Supreme Court rulings which apply to Affirmative Action and Equal Protection. Includes a discussion of Brown v. Board of Education, Korematsu v. United States, Loving v. Virginia, Palmore v. Sidoti, Plessy v. Ferguson, and Regents of the University of California v. Bakke. Examines the applicability of Justice Blackman's statement in the latter case that 'in order to treat some persons equally, we must treat them differently'. Concludes that our goal of treating everyone equally is a goal whose means of meeting it varies according to the precise societal situation which we are facing. Bibliography lists 7 sources.
Filename: PPaffAcC.wps
Minorities and Women: Having a Fair Shake, Having a Fair Share
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8 pages. Justice Harlan, in his famous dissenting opinion in Plessy versus Ferguson, argued that the constitution was color-blind, and neither knows nor tolerates classes among citizens. Justice Blackmun, in his remarks on the much later affirmative action case of Regents of the University of California versus Bakke, argued that in order to treat some persons equally, we must treat them differently. These two conflicting issues represented in Harlan’s and Blackmun’s judicial statements must be analyzed carefully in order to discern the carefully reasoned arguments that each presented. The question must be asked, how successfully do affirmative action policies and the arguments for and against them address Harlan’s and Blackmun’s principles? Examination of the fourteenth amendment and the ways the Supreme Court has come to interpret it, as well as the general law and affirmative action, must be addressed within their historical and social context. Bibliography lists 5 sources.
Filename: JGAmnwmn.wps
Taxman vs. Piscataway / Employment Discrimination & Title VII Affirmative Action
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A 5 page paper that provides an analytical case study of the US Circuit Court of Appeals case of Taxman vs. Piscataway, and considers how this case might have been evaluated by the US Supreme Court. Bibliography lists 1 source.
Filename: Taxman.wps
Title VII – Outlawing Racial Discrimination
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This 15 page paper explores Title VII of the Civil Rights Act of 1964, which outlaws discrimination. Bibliography lists 6 sources.
Filename: HVTtlVII.rtf
"Oregon v. Smith, et al"
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This 8 page paper summarizes the case Employment Division v Smith 494 US 872 (1990) and argues that the Supreme Court's ruling was in error. Bibliography lists four sources.
Filename: HVORSmth.rtf
"Unconstitutional" Alcohol Sales Prohibitions by US Cities
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A 10 page paper discussing the trend toward sharply restricting alcohol sales in cities for the purpose of restricting availability in narrow locations. Restricting alcohol sales by zoning and imposing time controls is not unconstitutional in action, but it certainly does oppose the intent of the Constitution and specifically the 21st amendment that repealed Prohibition in 1933. Citizens and local politicians alike need to ensure that their communities do not fall into the trap of "back-door" prohibition that already has been overruled by the 21st amendment. Bibliography lists 10 sources.
Filename: KSlawAlcSalCit.rtf
'Reckless Disregard' aka Libel
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This 5 page report discusses the basics of libel law within the realm of mass communication. The writer discusses the courts' definition of libel as well as noting several cases dealing with 'reckless disregard.' Bibliography lists 7 sources.
Filename: Rdlibel.wps
'Storm Center' / The Supreme Court In American Politics
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In 5 pages, the writer discusses David M. O'Brien's book, and makes a general analysis of the point and ideas thereof. No additional sources cited.
Filename: Storcent.wps
'The Marble Palace' / The Supreme Court In American Life
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In 5 pages, the writer discusses John P. Frank's The Marble Palace: The Supreme Court in American Life, and gives a general analysis of points, ideas, etc. No additional sources cited.
Filename: Marbpal.wps
'The Right To Bear Arms' Analyzed
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A 6 page paper examining the most controversial portion of the U.S. Constitution, the Second Amendment, or 'the right to bear arms.' A historical background will be provided to illustrate the Founding Fathers' rationale behind placing this as one of the most fundamental of citizens' rights, the recent controversy regarding the Second Amendment, and the reasons why Americans still need the right to bear arms in contemporary society. Bibliography lists 5 sources.
Filename: Beararms.wps
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