Assignments
Paper Three - Buckeye Check Cashing, Inc. v. Cardegna et al
1. Brief the Florida Supreme Court's Opinion of this case. It is available at http://web.lexis-nexis.com/universe/document?_m=67cb0ba79839471b96d192666bf164b8&_docnum=4&wchp=dGLzVlz-zSkVb&_md5=ec1c70aa37f5e7d1163c97d05d610656
2. Summarize the main points of the Petitioners' Brief. It is available at http://www.abanet.org/publiced/preview/briefs/nov05.html#buckeye
3. Summarize the main points of the Respondents' Brief. It is available at http://www.abanet.org/publiced/preview/briefs/nov05.html#buckeye
4. List questions (minimum of 4)you would ask if you were a Justice hearing this case.
5. Predict the outcome of the case and provide your rationale.
Your paper should not exceed 4 pages in length, single spaced. The Fatal Error Policy for Written Work (see syllabus) will apply. Do not put your name on the paper. Identify yourself by your local phone number. The paper is due Wednesday, November 23rd, in my office by 4:00 p.m. This time frame will allow you to ask questions about difficulties you are having over the next few weeks, and allow me to grade the papers and return them by our road trip on November 29th. We will discuss them enroute.
.Paper Two - Who's Harriet?
The nomination of White House counsel Harriet Miers for a seat n the Supreme Court comes as a surprise to many. We know that Ms Miers is a capable lawyer who was in private practice for many years before joining President Bush's White House staff in 2000 and that in addition to serving as White House counsel, she has acted as President's Bush's personal attorney while he was Governor of Texas. Since she has never been a judge, nor legal scholar, there are few available writings to ascertain her judicial views or philosophies.
Your assignment is to find out, in a meaningful way, who she is. I do not want a recitation of her biographical data. I do want an exploration of how her credentials match other nominees, how her relationship with President Bush might affect her role as a justice, and how you think she would answer the questions you drafted for the potential nominee, along with other information you gather. Finally, you must conclude with a recommendation as to whether, based on the information you have gathered, you think her nomination should be approved by the Senate.
While not much has been revealed about her to date, this will change. You will have much commentary, discourse and information made available to you in the next several days.
Your paper should not exceed 2 pages in length, single spaced. The Fatal Error Policy for Written Work (see syllabus) will apply. Do not put your name on the paper. Identify yourself by your local phone number. The paper is due Thursday, October 13th, in my office by 4:00 p.m. This time frame will allow you to ask questions about difficulties you are having next week, and allow me to grade the papers and return them by our class meeting on October 18th.
Paper One – Should a Litmus Test Pass or Fail?
All senators and citizens want to know about a Supreme Court nominee’s character, experience, and education in evaluating his or her suitability for appointment to the bench. However, some want to know more – specifically, how a nominee would rule on a critically important case or issue he or she was asked to decide. It is improper for a senator to ask, or a nominee to answer, a pointed question about how the nominee would decide a particular case. However, many feel that it is not improper for senators to purposely probe nominees, who will serve for life, about their ideology and views about important constitutional issues. This assignment requires you to examine what the scope of appropriate questions for a Supreme Court nominee should be.
Your paper should answer four questions:
First, what are fair and unfair questions of a nominee? Refer to the committee rules, judicial cannons of ethics(http://www.abanet.org/cpr/mcjc/canon_5.html), recent news articles, books and journals in formulating your answer. You may want to look at the Senate Judiciary Committee web site at. http://judiciary.senate.gov/
Second, what are the best arguments in favor of litmus test type questions? Why?
Third, what are the best arguments against litmus test type questions? Why?
Fourth, what is your conclusion about the appropriateness of litmus test questions for Supreme Court nominees?
Your paper should not exceed 4 pages in length, single spaced. The Fatal Error Policy for Written Work (see syllabus) will apply. Do not put your name on the paper. Identify yourself by your local phone number. The paper is due Friday, September 23rd, in my office by 4:00 p.m. This time frame will allow you to ask questions about difficulties you are having next week, and allow me to grade the papers and return them by our class meeting on September 27th.
For Tuesday, September 20th
Refer to the liberal/conservative description sheet and your score on the on line quiz. Find your role description, and following its guide, design questions you would like to ask Judge Roberts. These questions should be number 7 in your course compilation.
For Tuesday, Sept.13th
1. Read about the Rehnquist Court at http://www.supremecourthistory.org/02_history/subs_history/02_c.html
and be prepared to talk about major cases it has decided and their impact. Include a copy of this article in your compilation.
2. Prepare a page long biography of your assigned Justice. Along with a general personal history, discuss two or three cases the Justice is highly associated with (either they wrote the majority opinion or the dissent). Include a copy of this biography in your compilation.
3. Follow the nomination/confirmation process.
For Tuesday, September 6th –
1. Check webpage http://facstaff.bloomu.edu/ldavi2 for class location and any other announcements. The new class location may not be posted until Tuesday morning.
2. Take the quiz on this website http://madrabbit.net/webrabbit/quizshow.html and print out the page with your score. This number will be used in class work.
3. Bring a notebook to class to contain your course compilation. I suggest a 3 hole binder.
4. Locate a copy of the United States Constitution (including amendments). I WOULD HOPE THAT YOU ALL HAVE ONE ALREADY, but if not, a copy is easily located on the Internet or in history or political science text books you may own. This copy of the Constitution will be the first entry in your course compilation.
5. Read and brief Marbury V. Madison, 5 U.S. 137 (1803), found at http://usinfo.state.gov/usa/infousa/facts/democrac/9.htm The case and the brief will be the second and third entry in your course compilation. Case briefing information is available at http://www.ilrg.com/students/howtobriefcase.html
6. Be prepared to discuss John Roberts. Find one or two articles on your own that discuss his background, why he was chosen by President Bush, what his supporters say and what his critics say about him. The article(s) will be the fourth entry in your course compilation. Article criteria: from a reputable news source, timely, of sufficient length to be probative of the subject, not an opinion piece.