1. 20 points The Situation Describe the circumstances that have led these parties to the Supreme Court. [The original dispute and its handling by other courts prior to its appearance on this, the US Supreme Court’s, docket.]
2. 30 points The Legal Background Explain the law as it may relate to this case. This will include cases, constitutional provisions, and statutes, and other materials as necessary to give your reader a good grasp of the legal landscape onto which this case steps.
3. 60 points Argumentative Positions A brief is a systematic legal argument made up of one or more (usually many) argumentative positions. In this section provide two collections of argumentative positions – one collection for each party. These are building blocks from which a brief might be made. They can be various and even contrary but they are clearly meant to be the persuasive building blocks of a constitutional argument in favor of each party to this suit.
4. 20 points Questions for the Future In addition to the outcomes every decision of the Supreme Court has implications for the two parties to the suit, there are broader implications for the society in the future. Explore those broader implications through a series of probing questions about the disposition of this case one way or the other. The questions should demonstrate thought and be directive. Avoid simplistic or over generalized questions.
5. 30 points Annotated List of Source Materials. Provide a list of good resources to consult in deciding this case – some cases, some secondary treatments from books and articles. For each entry, explain what utility that source has – demonstrate that you’ve actually consulted the source, and not just found it in a list somewhere. A source, BTW is not a webpage. A source is an actual TEXT, which might be found on a webpage—the difference between pointing to a book and pointing to a library shelf. I want the book and not the shelf. Wikipedia may be a great place to start a search but it itself is not an appropriate source for academic work.
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