Essay: This Issue Should Go to the Supreme Court
Instructions
➔ 1500 words
➔ Your paper must focus on one scholarly article from the list below
● The introduction should have a statement and a short overview of the structure of the paper. Explain why this issue is important.
● The first section of the paper should be a detailed SUMMARY of the article.
● In the second section, you should EVALUATE the key argument, usually by presenting a counter-argument, objection, or alternative. You may also explain why this objection is ultimately not persuasive.
● The final section should CONNECT the article to other material or themes from the course: assigned readings, recommended readings, court cases, and/or current events.
● The length of each of the substantive sections should be approximately one-third of the total length of the paper, but this is meant as a general guideline and can be interpreted flexibly.
● Include a list of works cited (you may use whatever citation style you are most comfortable with)
List of Articles:
➔ Freedom of Speech
◆ Richard Moon, “The Scope of Freedom of Expression.” Osgoode Hall Law Journal2 (1985): 331-357.
◆ Richard Delgado, “Words That Wound: A Tort Action for Racial Insults, Epithets, and Name-Calling.” Harvard Civil Rights-Civil Liberties Law Review 17, no. 1 (1982): 133–82.
➔ Social Rights
◆ Robert Ellickson, “Controlling Chronic Misconduct in City Spaces: Of Panhandlers, Skid Rows, and Public-Space Zoning,” Yale Law Journal (1995).
◆ Jeremy Waldron, “Homelessness and the Issue of Freedom,” UCLA Law Review 39 (1991).
➔ Judicial Review
◆ Jeremy Waldron, “The Core of the Case Against Judicial Review,” The Yale Law Journal 115 no. 6 (2006).
◆ Richard H Jr Fallon, “The Core of an Uneasy Case for Judicial Review,” Harvard Law Review 121 no.7 (2008).
➔ Human Trafficking and Corporate Responsibility
◆ Steven R. Ratner, “Corporations and Human Rights: A theory of Legal Responsibility,” The Yale Law Journal 111 (2001): 443-545.
◆ (This is very long. You could focus on a couple of sections – sections II and V.
➔ Indigenous Rights
◆ John Borrows, “Challenging Historical Frameworks: Aboriginal Rights, The Trickster, and Originalism” The Canadian Historical Review (2-17) 98(1): 114-135
◆ Peter Kulchyski, “Aboriginal Rights are Not Human Rights” Prairie Forum 26 (2011).