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Constitutional Law

The First Amendment in a Court of Law

What is the difference between the Hicklin rule and the Miller test for obscenity? What are three processes or legal devices a trial judge can use to try to ameliorate or remedy the effects of mass media publicity about a case? What must a trial judge do before he or she can issue a restrictive order against the press duri

How Law Effectuates Better Government

What are open meetings and open records laws? How do these laws effectuate better government? How does the Ollman test differ from the Milkovich test as a means of distinguishing fact from opinion? What are the circumstances in which written consent may not suffice as a defense in an appropriation case? What element

Branzburg v. Hayes, Confidentiality, and Shield Laws

Branzburg v. Hayes, Confidentiality, and Shield Laws - What did the court decide in Branzburg v. Hayes regarding a journalist's right to withhold confidential sources? - How have lower courts interpreted the Branzburg v. Hayes decision based on whether the cases involved civil, criminal, or grand jury proceedings? Confiden

Sedition in the American Judicial System - Gitlow vs. New York

I need some assistance with the following: Identify and discuss three separate events or legal developments involving the treatment of sedition in the American judicial system. One legal event chosen must include the facts and decision in Gitlow v. New York. Describe how these three events or developments affected the limi

Creating Crime Control Policies

Explain the goals of the president in creating crime control policies. Presidential activity typically focuses on which two specific activities or goals? How do these goals influence the creation of crime control policies?

The Federal Government and Crime Control

What do you think the role of the federal government should be concerning crime control within the United States? Do you feel that state governments should address crime control or should the federal government play more of an active role in policymaking in order to provide an overall crime control policy for each state?

Bureaucracies: To Have Power, or Not to Have Power?

Should bureaucracies have so much discretion and power to decide who gets benefits or to define laws? Do you agree with bureaucracy power? If not, how do you feel that the government can reduce their powers?

Marbury vs. Madison Case

Discuss the facts and issues in the Marbury v. Madison (1803) case. Then, explain and evaluate Chief Justice John Marshall's reasoning in support of the Supreme Court's assumption of the power of judicial review in the Marbury v. Madison case. Discuss the doctrine of judicial review (in this case and also in principle).

Judicial Review

What are the advantages and disadvantages of judicial review?

Constitutional Law and Interpretation

List and define several approaches to constitutional interpretation. Discuss the pros and cons of the Supreme Court being the chief, if not the only, expositor of the Constitution and its interpretation. What types of constitutional interpretation were used in Scott v. Sandford? In Marbury v. Madison?

Supreme Court and cases

What elements are essential to creating a thorough case analysis? How does each element help the Supreme Court justices focus on the information that is most relevant to the case?

The Bill of Rights: Revision?

Based on the levels and types of violent crimes being committed today in the United States, is the Bill of Rights outdated and in need of revision? Why or why not?

Lawyer Case Study: NASA

Suppose you live in a town where a NASA development is trying to come in and "take" (in exchange for just compensation) several residences in order to build a new facility that will create 500 jobs and bring in countless visitors each year. Over the past 25 years, the town has been on the down slope after losing a major tourist

Analysis of capital punishment: pros and cons

Discuss Capital Punishment and answer the following questions: -How it relates to amendment #8 Bail, cruel and usual punishment ? -How it relates to religion or religious view? -How is it inhumane? -What are some pro's and con's? -What case laws relate to it?

Roe v. Wade and Planned Parenthood of Southern PA v. Casey

Read the U.S. Supreme Court decision in the following cases: Roe v. Wade and Planned Parenthood of Southern PA v. Casey Discuss the following question: What specific language in the U.S. Supreme Court decision may have contributed to the ongoing debate to overrule Roe v. Wade? Include the following: Main points of the U.

U.S. Constitution

Part I Read the U.S. Supreme Court decision in the following cases: Bowers v. Hardwick, 478 U.S. 186 (1986) http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=U.S.&vol=478&invol=186 Lawrence v. Texas, 539 U.S. 558 (2003) http://supreme.jU.S.tia.com/U.S./539/558/case.html Part II What societal factors may have

Formation of the U.S. Constitution is analyzed.

Federalism is the structure where two or more levels of government operate alongside each other with some autonomy, although they have overlapping jurisdiction and specific functions. During the formation of the U.S. Constitution, there were federalist and anti-federalist arguments being made. Explain the concept of federalism;

Problem

Daniel, a recent college graduate, is on the his way home for Christmas from his new job. He gets caught in a snowstorm and is taken in by an elderly couple who provide him with food and shelter. After the snowplows have cleared in the road. Daniel proceeds home. Daniel's father, Fred, is most appreciative of the elderly coupl

Terrorism Threats

Does the threat of terrorism in the US justify the imposition of limits on the right to privacy? Generally, in the wake of 9/11, terrorist attacks, should Americans allow the federal government to listen to their phone calls and monitor their emails and internet activity?

Binding Versus Persuasive Authority

A county court in Illinois is deciding a case involving an issue that has never been addressed before in that state's courts. The Iowa Supreme Court, however, recently, decided a case involving a very similar fact pattern. Is the Illinois court obligated to follow the Iowa Supreme Court's decision on the issue? if the US Supre

Trial by jury

Provide a detailed synopsis of the following term: The Constitutional Right to Trial by Jury

An assessment of the 8th amendment

What are the main provisions of the 8th Amendment? Explain both sides of the debate pertaining to cruel and unusual punishment and the related constitutional issues. Is ethics involved in this debate? If so, how?

Ethics and the U.S. Constitution

Assess the possible role ethics played in the development of these founding documents: King George III that Thomas Jefferson identified as justification for American independence from English rule and how the U.S Constitution was crafted to prevent similar abuses from occurring in the new republic.

Assesing the 5th Amendment

Identify and explain the protections afforded to the accused under the 5th amendment. Explain when, if ever, a person can be compelled to testify against him/herself. Explain when, if ever, physical evidence can be compelled from the defendant without violating the defendants 5th amendment rights.

The Fourth Amendment

What rights are protected by the 4th Amendment? Provide three concrete examples. Why are unreasonable searches forbidden? What factors determine whether a search is reasonable or not?