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Papers On Supreme Court & Constitutional Law
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Court Case Shipper v. Levitt & Sons, Inc.
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A 4 page hypothetical decision for a law case about whether the developer and builder of a house, can be held liable, on the principles of negligence or warranty / strict liability for scalding injury sustained by the plaintiff's 16 month old son which was due to the failure of defendant to install a water temperature reducing mixing valve, if its installation was recommended by the water boiler manufacturer. Law-exm2.wps
Filename: Law-exm2.wps
Court Cases Concerning Religion and Constitutional Rights in Public Schools
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A 5
page paper which discusses three important court cases which deal with religion in public
schools. The cases discussed are Everson v. Board of Education (1947), Engel v. Vitale
(1962), and Pickering v. Board of Education (1968). Bibliography lists 5 sources.
Filename: RAreligschl.wps
Court Debate: Constrained Versus Dynamic
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7 pages in length. The extent to which courts have the ability to impart significant changes upon existing laws is bound by two important elements: constrained and dynamic perspectives. From the constrained viewpoint, courts are quite limited in their collective strength to modify legislature due to constitutional limitations, lack of judicial independence and insufficiency of implementation powers. In contrast, the dynamic point of view reflects the belief that "courts are free from electoral constraints and institutional arrangements that stymie change. Uniquely situated, courts have the capacity to act where other institutions are politically unwilling or structurally unable to proceed" (Rosenberg, 1991, p. PG). The writer discusses constrained versus dynamic court as they relate to doctor-assisted suicide. Bibliography lists 8 sources.
Filename: TLCCrtDe.rtf
Crime Scene Law
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A 6 page research paper that, first of all, presents a scenario from the assignment and then discusses whether or not the police investigation described in the scenario was properly conducted. Citing several Supreme Court cases, the writer argues that the police officers should have obtained a search warrant before searching a suspect's room. Bibliography lists 6 sources.
Filename: khcsilaw.rtf
Criminal Law and Procedure 4
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A 4 page paper answering two discussion questions. The first addresses police right to arrest an individual based on where he is, the time of day and his general appearance. The second considers the legal definitions of entrapment, including subjective and objective tests established by the Supreme Court. Bibliography lists 3 sources.
Filename: KScrimLawProc4.rtf
Criminal Law and Procedure 5
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A 9 page paper answering two discussion questions addressing Fourth Amendment procedural issues and providing a 5-page position paper on whether the exclusionary rule should be changed. The paper concludes that the rule does need to be altered to be made more workable, but that present there is not a viable alternative that has been proposed between 2000 and 2005. Bibliography lists 11 sources.
Filename: KScrimLawProc5.rtf
Criminal Law and Procedure 6
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An 8 page paper addressing two discussion questions and providing three case briefs. One question discusses options available to a member of the local bar who has been required to serve as a public defender in an appeal case. The other examines factors that could influence a juror to vote for life in prison or for the death penalty. Briefs are for Bell v. Cone, 535 U.S. 685; 122 S.Ct. 1843 (2002);Kelly v. South Carolina, 534 U.S. 246; 122 S.Ct. 726 (2002); and United States v. Bass, 536 U.S. 862; 122 S.Ct. 2389 (2002), all of which address death penalty issues. Bibliography lists 10 sources.
Filename: KScrimLawProc6.rtf
Critique Of 'The Case for H.R. 1534: Equal Access to the Courts'
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A 5 page paper discussing the implications of the Private Property Rights Implementation Act of 1997, which gave property owners claiming violation of their constitutional rights regarding the use of their land equal access to federal district court already enjoyed by anyone else making a similar claim for any reason but land use. Before the rule, it could take years for a property owner to be allowed access to federal court by state courts—one elderly lady spent six years and untold legal fees before 'winning' a Supreme Court case allowing her case to be heard in a federal district court.
Filename: Eqlacc.wps
Cruel and Unusual Punishment
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This 6 page paper establishes a definition of "cruel and unusual punishment" as punishment that is disproportionate to the crime; that involves physical suffering that could otherwise be alleviated; and that deprives the victim of his right to life, which is guaranteed under the Constitution. Bibliography lists 5 sources.
Filename: HVCruUnu.rtf
Current Issues in Commercial Speech and How the Supreme Court is Deciding These Issues
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A 15 page paper discussing various settings in which commercial free speech has been challenged in recent cases and focusing on the influence that the Central Hudson test has had on all of them. Justice Stevens attempted to effect a change in determining whether First Amendment protection is warranted in specific cases in the 44 Liquormart case and again in the Greater New Orleans Broadcasting case. Cases now in lower courts combined with the results of these and other cases indicate that changes in determination of First Amendment protection may well be on the horizon. Bibliography lists 9 sources in 38 footnotes.
Filename: KScommSpeech.rtf
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