Expert answer:4 Short Essay

  

Solved by verified expert:Each short essay should be about 2 pages Double spacePlease do your very best on this and check everything after you finished.Each essay should use at least 3 sources from the reading list.Make sure not to repeat yourself, each one should write different things.Be bold! Feel free to disagree with your professor! Make sure you have a thesis, introduction and conclusion! And don’t hesitate to state your personal opinion, but be sure to back it up with evidence and to acknowledge the counter-evidenceONESince the writing of footnote 4 in Carolene Products, the US Supreme Court has generally, though not always, upheld economic and social welfare legislation, and claimed a special responsibility for the judiciary in reviewing legislation that might impair civil rights and civil liberties. Briefly indicate how that post fn. 4 mission compares with the mission the Court set for itself between Reconstruction and Carolene Products, and use the remainder of your time to examine fully how well the Court fulfilled the mission it set out for itself in Carolene Products during the eras of the Warren, Burger, and Rehnquist Courts.TWO”Inter Arma Enim Silent Leges” or “Inter Arma Silent Leges” is often translated as “In times of war, law falls silent.”How accurately does this phrase describe the US Supreme Court’s role in World War I, World War II, the Cold War, the Vietnam War, and the War on Terror?(Note: while your professor has suggested it does, you may not agree!)THREEThe Constitution was written to “secure the blessings of liberty to ourselves and our posterity.”How well has it succeeded in doing that since the Civil War? Begin by defining what liberty means to you, then telling us about how the idea of liberty has changed over time, then answer the rest of the question, realizing that it requires you to address the work of the Executive and Legislative Branches, as well as the Supreme Court’s reacti5ons to that work. You can cover the period from the Civil War through 1937 quite quickly; focus the bulk of your essay on the period since 1937. Which branch do you think has functioned most effectively to secure the blessings of liberty over time–the Executive, Congress or the Judiciary?Is the Constitution still of use to us?FOURWe have taken an externalist approach to the Supreme Court, the legal profession, legal education and legal thought since the Civil War in this course and treated them all as interrelated reflections of developments in the larger world. (Think, for example, of the interrelated changes in the legal profession, law schools, and Supreme Court during the 1960s). We have further assumed that the relationship between all these actors/cases/events/ institutions and the larger world has been especially important at times when the Court has become a lightning rod in politics.(Just a few examples out of many possible ones that come to mind include, but are not limited to, periods when the Court has been under attack from liberals and conservatives, the Court Packing fight, judicial confirmation battles, impeachment, the abortion wars, and Bush v. Gore). Choose SEVEN /actors/cases/events/institutions (at least one of which must come from before 1937) from the history of the Supreme Court, legal education, legal thought, and the legal profession on which to focus that illustrate the externalist perspective.Your thesis statement and introduction should indicate how, if at all, law has reflected reflected political, social or economic developments and whether it should do so.
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Week IV April 23
Civil Liberties in Wartime I: World War I
Legal Realism
Reading
Blessings, Chapter 13
Constitutional History, Chapters 13
The “Clear and Present Danger” Test
http://law2.umkc.edu/faculty/PROJECTS/FTRIALS/conlaw/clear&pdanger.htm
Advocacy of Unlawful Action and the “Incitement Test”
http://law2.umkc.edu/faculty/PROJECTS/FTRIALS/conlaw/incitement.htm
Legal Realism
https://cyber.harvard.edu/bridge/LegalRealism/essay2.htm
Legal Realism,
http://faculty.ycp.edu/~dweiss/phl347_philosophy_of_law/Legal%20Realism%20basic%
20elements.pdf
Week V April 30
The New Deal and the Crisis in Law
Packing the Court
Reading
Blessings, Chapter 14
Constitutional History, Chapter 14
“2020 Dems Warm to Expanding Supreme Court”
https://www.politico.com/story/2019/03/18/2020-democrats-supreme-court-1223625
“Why Court Packing Is a Bad Idea”
https://www.washingtonpost.com/opinions/2019/03/19/why-court-packing-is-really-badidea/?utm_term=.590963efd403
Week VI May 7
Civil Liberties in Wartime II: World War II
Civil Liberties in Wartime III: Cold War Justice
Reading
Blessings, Chapter 15
Constitutional History, Chapter 15
Levels of Scrutiny Under the Equal Protection Clause
http://law2.umkc.edu/faculty/PROJECTS/FTRIALS/conlaw/epcscrutiny.htm
Separate But Equal?: The Road to Brown
http://law2.umkc.edu/faculty/PROJECTS/FTRIALS/conlaw/sepbutequal.htm
Watch
“The Supreme Court,” Volume 3 (60 minutes), Gauchospace
1
Week VIII. May 14
Brown
Judicial Camelot?
Reading
Blessings, Chapter 16-17
Constitutional History, Chapter 16
“Legal Process,” https://www.encyclopedia.com/politics/encyclopedias-almanacstranscripts-and-maps/legal-process
“The Powers of Congress to Enforce the 13th, 14th, and 15th Amendments”
http://law2.umkc.edu/faculty/PROJECTS/FTRIALS/CONLAW/powers13th14th15th.htm
“Equal Protection, Poverty, and Inequality of Wealth”
http://law2.umkc.edu/faculty/PROJECTS/FTRIALS/conlaw/wealthandepc.html
Week VIII May 21
The Warren Court Hailed and Besieged
The Long Reach of the Sixties
Reading
Blessings, Chapters 18-19
Constitutional History, Chapters 18, review Documents 100-101 (Ch. 15), Document 141
in Chapter19
“Exploring Constitutional Conflicts: Judicial Confirmation and the Constitution,”
http://law2.umkc.edu/faculty/projects/ftrials/conlaw/senateconfirm.html
Watch
“Advise and Dissent” (available through link on syllabus) (86 minutes)
https://ares.library.ucsb.edu/ares/ares.dll?Action=10&Form=50&Value=89268.
Week IX May 28
The Presidency Besieged
Abortion and the Rights Revolution
Reading
Blessings, Chapters 20-21
Constitutional History, Chapter 20
“Separation of Powers”
http://law2.umkc.edu/faculty/projects/FTRIALS/conlaw/separationofpowers.htm
“The Right of Privacy”
http://law2.umkc.edu/faculty/projects/ftrials/conlaw/rightofprivacy.html
Right to an Abortion?
http://law2.umkc.edu/faculty/PROJECTS/FTRIALS/conlaw/abortion.htm
Affirmative Action
http://law2.umkc.edu/faculty/PROJECTS/FTRIALS/conlaw/affirmativeaction.htm
2
Watch
“The Supreme Court,” Volume 4 (60 minutes), Gauchospace
Week X June 4
Hard Times for the Rule of Law
The Law Regained?
Reading
Blessings, Chapters 22-23
Constitutional History, Chapter 22
The Electoral College Debate”
http://law2.umkc.edu/faculty/PROJECTS/FTRIALS/conlaw/electoralcoll.htm
Legal History and Law-related Websources
Lexis/Nexis
Great source of recent law review articles, cases and news
http://web.lexisnexis.com/universe/form/academic/overview.html?srcpdn=academic&cc=&spn=&_m=e
1a0a8e49a1eb76811d3df63437bde61&wchp=dGLzVlzzSkVA&_md5=c35e26b7357d8fd751b982164354d0fb
Famous Trials Great site
http://famous-trials.com/legacyftrials/ftrials.htm
Exploring Constitutional Law Another great site
http://law2.umkc.edu/faculty/projects/ftrials/conlaw/supremecourt.html
Legal History on the Web Treasure trove if you’re patient
http://www.law.duke.edu/legal_history/portal/
American Society for Legal History

Front Page


Information about legal historians
H-Law
Online legal history discussions Pretty quiet recently
http://www.h-net.org/~law/
Legal history blog Announcements about Legal History
http://legalhistoryblog.blogspot.com/
Legal theory blog. Worth an occasional look
http://lsolum.typepad.com/legaltheory/
Balkinization
Blog about everything law-related, with links to other blogs
http://balkin.blogspot.com/
3
The Volokh Conspiracy
http://reason.com/volokh
Blog analyzing legal developments
Lawyer Jokes and Cartoons
http://www.swapmeetdave.com/Humor/Lawyer.htm
Picturing Justice Law and Popular Culture
https://processnotproduct.github.io/PicturingJustice/index.html
Jurist
Legal News and Research
https://www.jurist.org
Jurist Paper Chase. Legal News
http://ww.jurist.org/paperchase/
Leiter’s Law School Reports Gossip about law schools
http://leiterlawschool.typepad.com/
Above the Law Gossip about legal education and the legal profession
http://abovethelaw.com
Supreme Court of the United States
http://www.supremecourtus.gov/
Scotus blog News about the Supreme Court

Home


Legal Information Institute, Cornell Law School
http://www.law.cornell.edu/
4
Lots of legal information

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