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Papers On Supreme Court & Constitutional Law
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Antitrust Law: History and Cases:
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This 7 page paper discusses Antitrust Law from several perspectives. History of Antitrust Law is discussed as is regulatory authorities, current legislation and historic cases. Bibliography lists 5 sources.
Filename: GSAntitr.rtf
Are Supreme Court Decisions Really "Landmarks ?"
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A 4 page discussion of Supreme Court rulings in which the writer argues that "landmark" precedents are not really as ground-breaking as they seem. The writer posits that most Supreme Court decisions have actually come from clear and concise points in the U.S. Constitution and are only reflections of changing social urges. As an example, Brown v. Board of Topeka is described as a case whose decision reflected the growing Civil Rights movement but whose "precedent" had actually been created long before in the 14th amendment. No Bibliography.
Filename: Courtsup.wps
Argument Against Abortion
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A 5 page paper which argues against abortion. Bibliography lists 5 sources.
Filename: RAaragab.rtf
Assessing Patriot in Terms of Korematsu v. United States
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A 4 page paper assessing the Patriot Act in terms of the 1944 case Korematsu v. United States in which the Supreme Court upheld the relocation of Japanese-Americans during World War II. Though the provisions of Patriot and the conditions of Executive Order 9066 share many similarities, there is far less similarity in the perspective of 1944 and perspective today. Considered within the framework of the 1944 vantage, Patriot likely would be upheld by the Court. Considered in 2006 perspective, it is possible that the Court would find the custody provisions of Patriot to be unconstitutional. Bibliography lists 4 sources.
Filename: KSraceKorPatriot.rtf
Astrology & The First Amendment
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Approximately 50 pages of analytical and opinionated writing that attempt to respond to the title question : "Astrology, Psychics, Superstition, Cults in America: Symptoms of a malfunctioning First Amendment?" No bibliography.
Filename: Astrlogy.wps
Barenblatt v United States (1959)
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This 5 page paper considers this landmark case, outlining the circumstances, the claims and the findings, explaining the reasoning behind the findings and then concluding with the logical justification of this case which appears to breach the First and the Forth Amendment. The bibliography cites 6 sources.
Filename: TEbaranb.wps
Bona Fide Business Expenses and the IRS
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A 3 page review of the IRS's definition of "Bona fide business expense". This paper examines a fictional scenario utilizing previous case law. Bibliography lists 2 sources.
Filename: PPtaxLaw.rtf
Book Review / The Establishment Clause
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A 5 page comprehensive analysis of Leonard Levy's (1986) "The Establishment Clause: Religion and the First Amendment." It is pointed out that only in the middle decades of the 20th century have the religious clauses of the U.S. Constitution been so extensively interpreted by the U.S. Supreme Court as the basis for a religiously pluralistic society. The writer then goes into a thorough explication of issues explored by Levy and posits that Congress often acts beyond its inherent Constitutional boundaries.
Filename: Estabcla.wps
Book Review / The Establishment Clause
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Similar to Estabcla.wps (above)- this 5 page report discusses Leonard Levy's book, "The Establishment Clause: Religion and the First Amendment" which traces the sources of disestablishment since the colonial experience. Levy concludes that, Congress in writing the religious freedom clause, took the broad view, flatly prohibiting government support to religion in general - i.e. to all denominations, without discrimination. Full citation for book provided in bibliography.
Filename: Estabcl2.wps
Boy Scouts v. The Government/ACLU, etc.
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A 17 page research paper that examines the litigation that is ongoing between the ACLU and the Boy Scouts of America (BSA). The ACLU is continuously suing the BSA due to the fact that its policies discriminate against atheists and homosexuals. The writer offers a synopsis of relevant case law, discusses the parameters of current litigation and offers suppositions as to possible outcomes based on case law and application of the Lemon Test for compliance with the Establishment Clause of the Constitution. Bibliography lists 13 sources.
Filename: khbsa.rtf
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