term papers and research reports on Supreme Court & Constitutional Law

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Papers On Supreme Court & Constitutional Law
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The Origins Of The U.S. Constitution
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This 15 page overview explores the origins of the Constitution. Included are references to John Locke and Baron de Montesquieu who supported the theory of civic humanism. Also discussed is the applicability of earlier documents such as the Magna Carter and the Mayflower Compact. A discussion of constitutional amendments and how concepts have changed over time is also included. Bibliography lists 15 sources.
Filename: Consorig.wps

Personal Property & The Constitution
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A 6 page paper looking at James W. Ely, Jr.,'s book The Guardian of Every Other Right, together with Charles Reich's article 'The New Property.' The paper looks at the issue of property rights from a historical standpoint, concluding with Reich's ominous warning that the government has invisibly robbed us of the most precious property we have -- our independence. Bibliography lists 3 sources.
Filename: Persprop.wps

The 14th Amendment and Women's Rights
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A 7 page paper discussing the 14th amendment to the U.S. Constitution. The writer discusses the context of this amendment in current times as it relates to equality, women's rights, relevant social programs, etc; It is ultimately concluded that although the 14th amendment is the first step towards social reform, and equal rights for all citizens, it will be a long time before those discriminated against -- women, homosexuals, blacks, and other minorities -- are truly considered equal. Bibliography lists 7 sources.
Filename: 14tham.rtf

U.S. Constitution / Book Reviews
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6 page comparison of two texts dealing with the U.S. constitution; 'The Clash of Issues' by Burkhart, Krislov and Lee and 'Democracy Under Pressure' by Cummings and Wise. Authors touch on such subjects as the framework of democracy, the Federal system, American Civil liberties, and political parties.
Filename: Constbok.wps

NATIVE AMERICAN RIGHTS VERSUS FEDERALISM
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This 5-page paper is an argumentative essay regarding the Seminole Indian tribe and gaming operations on reservations in Florida. Taking the case of Seminole vs. Florida, the essay argues that the tribe had a right to sue the state for refusing to negotiate in good faith on an expansion of gaming regulations, and that the Supreme Court ruling in favor of Florida (stating sovereinty issues) was incorrect. Bibliography lists 6 sources.
Filename: MTnacasi.rtf

McCloskey's 'The American Supreme Court'
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A 5 page paper analyzing Robert McCloskey's book. Our nation was founded on the principles underlying fundamental laws that assure the rights of the people of the nation. The Supreme Court is charged with protecting those fundamental laws, but also with preserving popular sovereignty, which is the freedom under which we live. Because popular sovereignty is such an overriding factor in the justification of the Supreme Court, we likely will continue to have controversy stemming from the rights of the government versus the rights of the people.
Filename: Mclos.wps

Supreme Court Case Gregg v. Georgia /Argument for Petitioner
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An 8 page argument for petitioner prepared for a moot court debate (re-argument of Gregg v. Georgia) and focusing on the arbitrariness of Georgia's death penalty statute. The writer argues that Georgia's capital punishment sentencing procedure is unconstitutional with reference to the 8th and 14th amendments of the constitution despite changes which have been implemented since Furman. No Bibliography.
Filename: Gregg.wps

Search and Seizure
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A 10 page discussion of search and seizure in regard to Fourth Amendment rights. Reviews recent Supreme Court rulings and illuminates the fact that search and seizure encompasses many more complexities than our popular perceptions of uniformed police officers completing drug raids. Search and seizure can involve our children and even drug testing of our own bodily fluids. Discusses the propensity for police corruption and the need not only for Supreme Court oversight but also for internal rules and structure to ensure the continued protection of our Fourth Amendment rights. Bibliography lists 8 sources.
Filename: PPSearch.wps

The Fourth Amendment / Its Relevance To The O.J. Simpson Case
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A 5 page overview of the Fourth Amendment and its Relevance to the Search and Seizure involved in recovering evidence in the recent O.J. Simpson murder trial. Bibliography lists 5 sources.
Filename: 4thoj.rtf

Rawls v. Locke / Right to Property
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A 7 page comparative essay on the argument by looking at Locke's discourse on property rights of individuals and Rawls' response to the basic sections. The paper issues an opinion that the argument is so divese it has no remedy on middle ground. Two sources cited.
Filename: Property.wps

Conflicting Laws Add To Confusion In Prison Reform
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A 5 page paper that discusses the fact that Furman v. Georgia (1972) and Gregg v. Georgia (1976) findings have led to many opposing dictates in regards capital punishment. Among other cases, they are the basis of how prisoners are treated by the justice system, especially those awaiting execution on death row. However, these opinions have extended to treatment of all incarcerated prisoners, mostly related to medical treatment of prisoners. Bibliography lists 5 sources.
Filename: Furgregg.wps

Edward Lazarus/ 'Closed Chambers'
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A 5 page analysis of Edward Lazarus's book on the inner conflict that characterize the Supreme Court. Looking specifically at a case having to do with desegregation and the issue of the death penalty, the writer outlines the argument that Lazarus makes relative to the internal dissension within the Court. No additional sources cited.
Filename: 99clcham.wps

Did Satan Play a Role in the Creation of the U.S. Constitution?
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This 5 page paper looks at the possibility that critics of the Constitution who claim that it has an underlying evil intonation are right. Freedom of religion and slavery are examined in respect to this problem posed by a student. The paper concludes by looking at the opposing view. Bibliography lists 4 sources.
Filename: SA020Con.rtf

Machiavelli / Influence On The Federalist Papers
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A 6 page research paper on Machiavelli's influence on the Federalist Papers. The writer details Machiavelli's political txes, and the similarities in the Constitution and the Federalist apologies for it. Bibliography lists 3 sources.
Filename: Machfed.wps

Comparative: Justice Systems in the U.S., Ireland and Canada
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Compares the justice systems in the United States, Ireland and Canada, focusing on structure of the court system (top down), then it looks within the structure to make comparisons. Line graphics of the 3 systems. Bibliography lists 10 sources. JVjudiciar.rtf.
Filename: JVjudiciar.rtf

An Enlightening Symposium / Philosophy In World Literature
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An 8 page transcript of an imaginary symposium set in an eternal 'now' in which Jean-Baptiste Moliere, Mme. de Lafayette, Jonathan Swift, François Voltaire, Jean-Jacques Rousseau, Johann Wolfgang von Goethe, Charlotte Bronte, and a Moderator discuss their philosophies. Special attention is given to the dichotomy of reason versus passion, and of the individual versus society. No sources.
Filename: Panel.wps

The Pros and Cons of the Fourth Amendment
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A 5 page research paper on the origins and features of the Fourth Amendment to the U.S. Constitution. The writer details the language of the amendment, its origins, the exclusionary rule, and the pros and cons of each aspect. Bibliography lists 5 sources.
Filename: 4thamend.rtf

Amendments, Crime And The Exclusionary Rule
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5 pages in length. The writer discusses the Fourth, Fifth and Sixth Amendments as they relate to crime, as well as addresses the dispensable exclusionary rule. Bibliography lists 10 sources.
Filename: TLCexclu.wps

Euthanasia: A Muddled History
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An 8 page discussion of the legalities of passive and active euthanasia. Contends that the United States is simply not ready for a nationwide approval of euthanasia. Maintains that the public nor the legislative bodies are fully receptive of euthanasia and that the administrative oversight which would be required to ensure the equal and ethical administration of the process would be overwhelming. Bibliography lists 8 sources.
Filename: PPeuthLg.wps

History of Women's Rights in America
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A 6 page paper discussing various women throughout American history that have influenced or fought for women's rights. A discussion of Stanton and Anthony is illustrathed, describing some of the issues that revolved around the women's convention of 1848. Stanton's daughther also fought for women's rights and is highlighthed within. The last woman to illustrathe the many gains achieved within the field of women's rights, is Eleanor Roosevelt, who through her position and strength was able to gain some significant measures, or at least recognition, for women. Bibliography lists 4 sources.
Filename: Hwram.wps

Affirmative Action and Equal Protection: An Interpretation of Supreme Court Rulings
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A 7 page overview of the Supreme Court rulings which apply to Affirmative Action and Equal Protection. Includes a discussion of Brown v. Board of Education, Korematsu v. United States, Loving v. Virginia, Palmore v. Sidoti, Plessy v. Ferguson, and Regents of the University of California v. Bakke. Examines the applicability of Justice Blackman's statement in the latter case that 'in order to treat some persons equally, we must treat them differently'. Concludes that our goal of treating everyone equally is a goal whose means of meeting it varies according to the precise societal situation which we are facing. Bibliography lists 7 sources.
Filename: PPaffAcC.wps

Minorities and Women: Having a Fair Shake, Having a Fair Share
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8 pages. Justice Harlan, in his famous dissenting opinion in Plessy versus Ferguson, argued that the constitution was color-blind, and neither knows nor tolerates classes among citizens. Justice Blackmun, in his remarks on the much later affirmative action case of Regents of the University of California versus Bakke, argued that in order to treat some persons equally, we must treat them differently. These two conflicting issues represented in Harlan’s and Blackmun’s judicial statements must be analyzed carefully in order to discern the carefully reasoned arguments that each presented. The question must be asked, how successfully do affirmative action policies and the arguments for and against them address Harlan’s and Blackmun’s principles? Examination of the fourteenth amendment and the ways the Supreme Court has come to interpret it, as well as the general law and affirmative action, must be addressed within their historical and social context. Bibliography lists 5 sources.
Filename: JGAmnwmn.wps

Taxman vs. Piscataway / Employment Discrimination & Title VII Affirmative Action
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A 5 page paper that provides an analytical case study of the US Circuit Court of Appeals case of Taxman vs. Piscataway, and considers how this case might have been evaluated by the US Supreme Court. Bibliography lists 1 source.
Filename: Taxman.wps

Title VII – Outlawing Racial Discrimination
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This 15 page paper explores Title VII of the Civil Rights Act of 1964, which outlaws discrimination. Bibliography lists 6 sources.
Filename: HVTtlVII.rtf

"Oregon v. Smith, et al"
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This 8 page paper summarizes the case Employment Division v Smith 494 US 872 (1990) and argues that the Supreme Court's ruling was in error. Bibliography lists four sources.
Filename: HVORSmth.rtf

"Unconstitutional" Alcohol Sales Prohibitions by US Cities
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A 10 page paper discussing the trend toward sharply restricting alcohol sales in cities for the purpose of restricting availability in narrow locations. Restricting alcohol sales by zoning and imposing time controls is not unconstitutional in action, but it certainly does oppose the intent of the Constitution and specifically the 21st amendment that repealed Prohibition in 1933. Citizens and local politicians alike need to ensure that their communities do not fall into the trap of "back-door" prohibition that already has been overruled by the 21st amendment. Bibliography lists 10 sources.
Filename: KSlawAlcSalCit.rtf

'Reckless Disregard' aka Libel
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This 5 page report discusses the basics of libel law within the realm of mass communication. The writer discusses the courts' definition of libel as well as noting several cases dealing with 'reckless disregard.' Bibliography lists 7 sources.
Filename: Rdlibel.wps

'Storm Center' / The Supreme Court In American Politics
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In 5 pages, the writer discusses David M. O'Brien's book, and makes a general analysis of the point and ideas thereof. No additional sources cited.
Filename: Storcent.wps

'The Marble Palace' / The Supreme Court In American Life
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In 5 pages, the writer discusses John P. Frank's The Marble Palace: The Supreme Court in American Life, and gives a general analysis of points, ideas, etc. No additional sources cited.
Filename: Marbpal.wps

'The Right To Bear Arms' Analyzed
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A 6 page paper examining the most controversial portion of the U.S. Constitution, the Second Amendment, or 'the right to bear arms.' A historical background will be provided to illustrate the Founding Fathers' rationale behind placing this as one of the most fundamental of citizens' rights, the recent controversy regarding the Second Amendment, and the reasons why Americans still need the right to bear arms in contemporary society. Bibliography lists 5 sources.
Filename: Beararms.wps

(The) First Amendment
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9 pages which analytically examine whether or not the 1st amendment has 'lived up' to the expectation of its drafters. Bibliography contains 18 legal references.
Filename: 1stamd.rtf

16th, 17th & 18th Amendments
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A 4 page research paper that looks briefly at the history associated with these amendments to the US Constitution. Bibliography lists 9 sources.
Filename: kh161718.rtf

A Generation of Roe v. Wade
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A 6 page paper discussing the history of and legal arguments used in the landmark Supreme Court case. Whether abortion is right or not and constitutes a moral decision is still a matter of debate, but it is no longer a matter of law. That debate was settled by Roe v. Wade more than a generation ago. Bibliography lists 2 sources.
Filename: KSroeVwade.rtf

A Historical Overview Of Prisoner's Rights
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8 pages in length. Prisoners were not happy with the judicial hands-off policy as instituted by the 1871 Ruffin v. Commonwealth case. They did not appreciate being considered slaves of the state during the extent of their prison stay; however, they were not in a situation to rectify such policy. It is important for the student to realize that what ultimately sprung from judges' alleged indifference toward prisoners' civil rights was a re-examination of just how unconstitutional such inaction proved to be. Bibliography lists 8 sources.
Filename: TLCprson.wps

A Legal History of Equality in the United States
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This 13 page paper provides a historic outline of Supreme Court decisions including Plessy v. Ferguson, Brown v. Board of Education and Regents of University of California v. Bakke. Other cases are noted in the context of social change. Bibliography lists 11 sources.
Filename: SA119law .doc

A Look at the Exclusionary Rule
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This 5 page paper includes a discussion about two articles, one in favor and one against, this rule in law. The paper argues in favor of the exclusionary rule. Bibliography lists 3 sources.
Filename: SA807ex.rtf

A Look at the Fourth Amendment
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This 6 page paper examines several cases that consider the fourth amendment. One case looks at the fact that the hands of the police are tied in patting down suspects while another is too lenient in allowing officers to enter property. The discrepancies in how the Supreme Court looks at fourth amendment cases is at the crux of the paper. Bibliography lists 5 sources.
Filename: SA4344th.rtf

A Short History of Affirmative Action in Higher Education
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This 11 page paper provides an overview of affirmative action in higher education with a focus on landmark cases. Hopwood, Bakke and more recent Michigan cases are discussed. The paper takes the position that affirmative action is necessary. Bibliography lists 10 sources.
Filename: SA149AA.rtf

A Supreme Court Opinion: Thomas Joe Miller-El v. Janie Cockrell
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This 15 page paper provides an overview of the supreme court opinion in the case of Thomas Joe Miller-El v. Janie Cockrell. Bibliography lists 10 sources.
Filename: MHLawR66.rtf

Aaron B. Cooley v. Board of Wardens of the Port of Philadelphia
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A 6 page brief of Aaron B. Cooley v. Board of Wardens of the Port of Philadelphia, to the Use of the Society for the Relief of Distressed Pilots, Their Widows and Children, Defendants.; Same V. Same; Supreme Court of the United States, 53 U.S. 299; 1851 U.S. LEXIS 658; 13 L. Ed. 996; 12 HOW 299; December, 1851. The plaintiff charged that Pennsylvania usurped federal powers in requiring payment for the use of a pilot into and out of the port of Philadelphia. The majority disagreed, holding that every state had a right to regulate its own ports. Justices McLean and Daniel dissented in that pilots remained on board after leaving the jurisdiction of the state and entering federal waters. No sources listed.
Filename: KScooleyVward.wps

Abortion and the Supreme Court
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A 5 page paper which examines abortion and the Supreme Court, discussing its legality and whether or not it should be legal through an examination of court cases. Bibliography lists 4 sources.
Filename: RAabcrt.rtf

Abortion Legislation (1992-1996)
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4 pages in length. A case study in abortion legislation from 1992 - 1996 (beginning just after the Supreme Court's Casey ruling). The writer reviews acts of legislation that have occurred all over the United Since ever since. Bibliography lists 4 sources.
Filename: Legisl.wps

Abortion, Amicus Curiae and the Supreme Court
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This 5 page paper provides an overview of three different organizations that participated in briefs of amicus curiae in abortion cases. Bibliography lists 6 sources.
Filename: MHAboAmC.rtf

Abortion: A Woman’s Right
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A 3 page paper which examines a woman’s right to choose to have an abortion. Bibliography lists 4 sources.
Filename: RAabrrr.rtf

Abortion: National and State
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A 4 page paper which examines the federal and state policies concerning abortion. Bibliography lists 3 sources.
Filename: RAexab.rtf

Admissibility of Eyewitness ID Evidence
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A 10 page research paper that discusses the reliability of eyewitness testimony. The writer offers a literature review of eyewitness and memory research that indicates that eyewitness testimony is not as reliable as it has been traditionally viewed in US jurisprudence. Bibliography lists 8 sources.
Filename: kheyewit.rtf

Advanced Practice Nursing in the U.S. Air Force
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An 18 page paper discussing federal and state laws regarding advanced nursing practice. At present, licensing is a state function, and requirements as well as privileges can widely vary between states. As a national organization, the USAF and other military services may literally be caught in the middle between states’ and federal regulation. The purpose here is to determine whether the USAF advanced nurse practitioners are “functioning beyond their scope of practice as independent licensed practitioners.” Bibliography lists 10 sources.
Filename: KSnursAdvPracUSAF.rtf

Age Discrimination: EEOC v Sidley & Austin
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A 13 page paper which examines the condition of age discrimination in places of employment and discusses the case of the Equal Employment Opportunity Commission v Sidley & Austin. Bibliography lists 13 sources.
Filename: RAagedn.rtf

Agency and Employee Accountability in Cases of Negligence: The Legal Issues of Employee Credibility and Training
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An 8 page assertion that our educational arena has been subject to many challenges and disappointments. At the center of many of these is the issues of employee credibility and training. That the educational system has a problem is not an issue of contention. What is questionable in the current day legal environment, however, is whether or not employees and school districts can be held legally liable for the educational inadequacies which result from inadequate teacher qualifications and training. This paper utilizes the Supreme Court cases of Monroe Vs Pape (1961), Monell Vs Dept of Social Services (1978), City Of Oklahoma Vs Tuttle (1984), Daniels Vs Willaims (1986), Davidson Vs Cannon (1986), and City of Springfield Vs Kibbe (1987) to add insight to that question. All illustrate the delicate balance between employee liability and negligence on the part of the agency when employee credibility is challenged. Bibliography lists 5 sources.
Filename: PPcivRt2.rtf

Airport Security and the Fourth Amendment
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This 11 page paper looks at airport security, particularly as it exists after 9/11. Recent changes are noted. The paper argues that security measures taken are constitutional even though they may be intrusive. Bibliography lists 7 sources.
Filename: SA3274th.rtf

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