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Papers On Supreme Court & Constitutional Law
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Interpretation of the Law
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This 6 page paper explores several theories of law and concludes that originalism is the only valid way to interpret law in the United States. The 1931 McBoyle v. United States is used to begin the discussion. Scalia's opinions are duly noted. Textualism is discussed. Bibliography lists 7 sources.
Filename: SA006Law.rtf
Interstate Commerce and Picketing / Consitutional Issues
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A 4 page essay on a hypothetical scenario and the constitutionality of a law prohibiting the interference with interstate commercy. The writer details the constitutional theories on which the law could be struck down. No bibliography.
Filename: Icc.wps
Issuing a Court Decision on a Sexual Harassment in the Workplace Case By Considering Legal Precedents and Ethics
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A 6 page paper which examines the real-life Meritor v. Vinson sexual harassment case to cast a hypothetical deciding Supreme Court vote to determine who should win; whether harassment can occur if sex was consensual; the responsibility of employers and whether or not they should be liable for episodes for which they have not been notified; discusses if Ms. Vinson was using sex to get ahead, should her supervisor be convicted or be considered the victim; and evaluates the ethical issues from absolutist, relativist, utilitarian and rationalist viewpoints, then concludes with decision and recommended ethical perspective. Bibliography lists 8 sources.
Filename: TGsexeth.rtf
Jacobson v. United States (1992)
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A 1 page discussion of this Supreme Court ruling. Outlines the case details of a two and one-half year campaign by the government to entice petitioner to order child pornography. Although the petitioner was originally convicted, the Supreme Court overturned that ruling based on the obvious intent of the government to entrap the petitioner. No additional sources are listed.
Filename: PPlawBr3.wps
James Madison/The Tenth Federalist (Federalist papers)
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A 2 page explication of Madison's argument in the Tenth Federalist (Federalist Papers) relating to faction and the instability of government under the Articles of Confederation. Included is his proposal to remedy the situation by the construction of a union of states via Adoption of the Constitution. No Bibliography.
Filename: Const2.wps
John Marshall & The Development Of the Supreme Court
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This 5 page paper looks at the evolution of the Supreme Court and the influence of Supreme Court Justice John Marshall. Marshall's role in the development of judicial review by the landmark case Marbury v. Madison is included. One source cited.
Filename: Jmarshall.wps
John Marshall / Chief Justice
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A 10 page research paper that focuses on the accomplishments of Chief Justice Marshall and the controversy surrounding his actions in the Supreme Court. The writer focuses on interstate commerce, judicial review and single opinion in terms of the political climate of his day. Discussion also includes long-term influences on the Supreme Court and the nation. Bibliography lists 10 sources.
Filename: Jmarsh.wps
John Scopes Trial
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In 5 pages the author discusses the John Scopes Trial. July 21, 1925 was a morning that many will never forget. It was a hot day in the Rhea County Courthouse in Dayton, Tennessee. The players: Judge John T. Raulston, two worthy attorneys, and of course, and John Thomas Scopes. The event: The State of Tennessee v. John Thomas Scopes. The significance: This was the famous "monkey trial," in which the decision was being made to the legality of the Butler Act that forbade the teaching of evolution in public schools. Bibliography lists 4 sources.
Filename: Jscopes.wps
John Stuart Mill: Freedom of Speech and Tolerating the Intolerable
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A 3 page discussion of Mills views on the importance of Freedom of Speech.
Uses Supreme Court cases to reinforce Mills view of negative freedom and
tolerating the intolerable in order to provide the greatest benefit to
the greatest number of people. Suggests that Mill is correct and that
even speech which could be construed as hate speech should be protected
under the freedom of speech guarantee of the Constitution. Bibliography
lists 2 sources.
Filename: PPmillSp.wps
Judicial Bias
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A 19 page research paper on judicial bias and its various forms. The writer details conservative and liberal bias in the federal courts, ideological bias, racial and sex bias, and corruption. Bibliography lists 15 sources.
Filename: Judgbias.wps
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