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 thesis 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).
Animal Rights
Daniel Davison-Vecchione, and Kate Pambos. “Steven M. Wise and the Common Law Case for Animal Rights: Full Steam Ahead.” Canadian Journal of Law & Jurisprudence 30, no. 2 (2017): 287–309.
Richard L. Cupp, Jr. “Edgy Animal Welfare.” Denver Law Review 95, no. 4 (2018): 865–76.
