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Papers On Supreme Court & Constitutional Law
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Natural Law, Legal Realism, Positivism, and “Original Understanding”:
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This 5 page report discusses various doctrines
of law encompass a realm through which legal decisions must be
filtered in order to arrive at a larger or at least more detailed
comprehension of the issue being examined. Each of the four
doctrines are discussed and then considered in an overview of
four of the most well-known of civil liberties cases in the
United States -- Lochner v. New York (1905), Griswold v.
Connecticut (1961), Roe v. Wade (1973), and Bowers v. Hardwick
(1986). Bibliography lists 6 sources.
Filename: BWlawdoc.wps
Natural Rights, Natural Law
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A 6 page essay on James Hutson's 'The Bill of Rights and the American Revolutionary Experience,' from A Culture of Rights. The essay traces the growth of our current foundation of civil law out of the 'natural law' of the Enlightenment, and shows how the Bill of Rights' codification of rights reflected this dramatic change in legislative philosophy. Bibliography lists 2 sources.
Filename: Rightlaw.wps
New Zealand Law: Privacy Law and Contract Law
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5 pages. Two case studies are presented herein requiring decisions based on both the privacy laws and contract laws of New Zealand. Each case consists of a scenario with a decision made according to the proper laws as stated by the government of New Zealand. The client in each case is advised of the law, of his rights regarding such law, and the relevant provisions of the remedies that are available to the client. The client is counseled as to whether or not there is valid warrant for a case and what measures can be sought in compensation for the alleged breach of promise in each case. Bibliography lists 4 sources.
Filename: JGAnzlaw.wps
Nineteenth Amendment and Suffrage
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A 5 page paper that looks at how the people involved in the debate fashioned their debates in support or against the right to vote for women. Bibliography lists more than 5 sources.
Filename: Suffrage.wps
North Carolina v. Alford
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The Supreme Court case of North Carolina v. Alford began as the determination of the Appellate Court that Henry Alford might have been forced by circumstances to plead guilty to crime because of the fear of the death penalty. This 15 page paper that outlines the Supreme Court case and provides an overview of the appelate process leading up to the case. This paper also considers the importance of this case in criminal justice determinations. Bibliography lists 10 sources.
Filename: Alfordca.wps
Partial Birth Abortion: Supreme Court Opinion
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An 8 page overview of Stenberg v. Carhart, a case coming before the Supreme Court in April, 2000. The case involves the privacy issues of abortion. An overview of provided on numerous Court decisions which are applicable to the case including Hodgson v. Minnesota, Ohio v. Akron Center for Reproductive Health, Planned Parenthood v. Casey, Roe v. Wade and Webster v. Reproductive Health Services. Traces the privacy issues dating back to the turn of the century and conclude that these previous findings should be upheld in Stenberg v. Carhart as well. Relates the "undue-burden" issues surrounding state regulation of abortion and presents the opinion that is only when a fetus has reached that stage in its development where it could live outside the body of its mother that the state can claim an interest in preserving the life of that fetus. Even then, however, the health of the mother is of paramount concern. Bibliography lists 8 sources.
Filename: PPabortC.wps
Pennsylvania Peeping Tom Case
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A 5 page paper discussing the legal merits of a complaint made by the cheerleaders of the Philadelphia Eagles. In January 2001, a news story surfaced detailing the long-term peeping that had gone on from the visiting team’s locker room into the adjacent locker room used by the Eagles cheerleaders. The cheerleaders filed a complaint against every NFL team and 500 John Does, complaining of voyeurism, trespass, conspiracy and several other items designed to support the complaint for voyeurism. The paper reviews two cases and two secondary sources to determine that the cheerleaders may have no case in the form they have envisioned, but that they may be able to pursue those responsible for maintenance of the stadium for the purpose of imposing accountability. Bibliography lists 6 sources.
Filename: KSlawPApeep.rtf
Peter Iron's "The Courage of Their Convictions"
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5 pages in length. The writer discusses the racism involved in the case of Robert Mack Bell v. Maryland as presented by Peter Iron in his well-publicized book.
Filename: Ironcou.wps
Pornography and the First Amendment
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A 9 page research paper on the implications of Paris Adult Theater v. Slaton to the continued showing of pornographic films. The writer explains the holdings of the case and discusses the scientific support for the ill effects of pornography, and whether it should continue. Bibliography lists 7 sources.
Filename: Porn1sta.wps
Posse Comitatus / Sociopolitical Vigilantes
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An 11 page research paper on Posse Comitatus -- a Latin term denoting a sociopolitical movement which began in the late 1960's. Adherents to this particular brand of thinking feel that they are not bound to obey any authority figure higher than the county Sheriff. Paying income tax, making social security payments, and using license plates and driving licenses violate the inherent principles of this group. The writer outlines the group's history, Federal efforts to stop them, and specifically examines the role of Common Law, Constitutional Law upon which the Posse's arguments are based, and the Posse Comitatus Act developed after the Civil War --almost in expectation of such a group's forthcoming. A Bibliography lists 9 sources.
Filename: Possecom.wps
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