Analyzing the Legal Arguments and Social Issue

Analyzing the Legal Arguments and Social Issue The Final Exam/Reaction-Analysis Paper should be four to five pages (double-spaced) analyzing the legal arguments and social issue(s) set forth in the Supreme Court case that you argued for the oral argument assignment.

Analyzing the Legal Arguments and Social Issue
Analyzing the Legal Arguments and Social Issue

You may also choose to analyze any of the other Supreme Court cases that were argued during class or a recent Supreme Court opinion that you are interested in (provided that I first approve the recent Supreme Court case). The assignment is worth 150 points

Analyzing the Legal Arguments and Social Issue Formulation

In formulating your analysis/opinion about your Supreme Court case, you should do additional research regarding legal arguments and the Supreme Court opinion and any legal/social commentary that has been written about your case. Your analysis/reaction should include a brief summary of the facts in the case and the Supreme Court’s opinion. Your analysis/reaction should focus on whether you agree or disagree with the Supreme Court’s opinion and more importantly, critically explain why you agree or disagree with the ruling. Include in your discussion whether you think the Supreme Court’s ruling is correct or incorrect, ethically and morally justified, legally justified, and whether it achieves justice or simple fosters the appearance of justice. You should also critically discuss the relationship between the social issue(s) presented in your case and the Supreme Court’s ruling. Your analysis should address why you think the Supreme Court decided the legal issue the way it did, i.e., what policy issues, factual issues, political issues, social issues, legal issues, and judicial philosophies may have influenced the Supreme Court’s decision. You should also discuss whether you were convinced by the Supreme Court’s majority opinion or the Court’s dissent. And you should analyze what implications the Supreme Court decision has had on relevant social or societal issues. Specifically, you should discuss whether the decision is a practical mechanism for achieving a particular social goal or social change, whether it provides appropriate guidelines and whether the decision " makes sense." If relevant, you should address whether there are any unique or independent social issues to the Court’s decision. Finally, I have listed a number of questions to consider below that should prove helpful in your critical analysis of your Supreme Court opinion. You are NOT expected to answer all of these questions directly in your analysis — rather, they are offered as a means to assist and direct your analysis. You may, of course, discuss any of those questions that are relevant in your analysis of the Supreme Court opinion.

Analyzing the Legal Arguments and Social Issue Questions

1. What is the nature of the relationship between the Supreme Court opinion and society?
a. What factors in a society influenced the Court’s opinion, and conversely, what legal or extra-legal factors in the Court’s opinion influenced society?
b. What is the societal and/or legal context within which these influences were exerted? Consider (1) changes in social/historical norms; (2) the subjective concerns (or judicial philosophies) of the justices on the Court
c. Was the Court’s opinion influenced by social pressures or was it intended to promote a social change?
d. Are there any unique and/or independent social dimensions to the Court’s opinion?
2. More specifically, (a) what were the primary social facts that influenced or shaped both the legal issue and the Court’s decision and/or the Court’s response to the legal issue and (b) conversely, what were the specific and identifiable social and behavioral consequences, if any of the Court’s legal opinion?
Please include citations to any sources you rely upon in formulating your opinion/analysis of the case.

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