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| Preface | |
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| Correlation Guide | |
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| Topic Guide | |
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| Introduction | |
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| Law and Terrorism | |
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| Should U.S. Citizens Who Are Declared to Be "Enemy Combatants" Be Able to Contest Their Detention Before a Judge? | |
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| Yes: Sandra Day O'Connor, from Majority Opinion, Hamdi v. Rumsfeld, U.S. Supreme Court (June 28, 2004) | |
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| No: Clarence Thomas, from Minority Opinion, Hamdi v. Rumsfeld, U.S. Supreme Court (June 28, 2004) | |
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| Does the President Possess Constitutional Authority to Order Wiretaps on U.S. Citizens? | |
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| Yes: U.S. Department of Justice, from "Legal Authorities Supporting the Activities of the National Security Agency Described by the President" (January 19, 2006) | |
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| No: Letter to Congress, from 14 Law Professors and Former Government Attorneys to Congressional Leaders (January 2, 2006) | |
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| Law and the Individual | |
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| Are Violent Video Games Protected by the First Amendment? | |
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| Yes: Antonin Scalia, from Majority Opinion, Brown v. Entertainment Merchants Association, U.S. Supreme Court (June 27, 2011) | |
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| No: Stephen Breyer, from Dissenting Opinion, Brown v. Entertainment Merchants Association, U.S. Supreme Court (June 27, 2011) | |
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| Is It Constitutional to Ban "Partial-Birth" Abortions Without Providing for an Exception to Protect the Health of the Mother? | |
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| Yes: Anthony Kennedy, from Majority Opinion, Gonzales v. Carhart, U.S. Supreme Court (April 18, 2007) | |
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| No: Ruth Bader Ginsburg, from Dissenting Opinion, Gonzales v. Carhart, U.S. Supreme Court (April 18, 2007) | |
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| Are Restrictions on Physician-Assisted Suicide Constitutional? | |
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| Yes: William H. Rehnquist, from Majority Opinion, Washington et al. v. Glucksberg et al., U.S. Supreme Court (June 26, 1997) | |
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| No: Stephen Reinhardt, from Opinion for the Court, Compassion in Dying v. State of Washington, U.S. Court of Appeals for the Ninth Circuit (1996) | |
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| Does the Sharing of Music Files Through the Internet Violate Copyright Laws? | |
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| Yes: Ruth Bader Ginsburg, from "Concurring Opinion, Metro-Goldwyn-Mayer Studios v. Grokster, U.S. Supreme Court (June 27, 2005) | |
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| No: Stephen Breyer, from "Concurring Opinion, Metro-Goldwyn-Mayer Studios v. Grokster, U.S. Supreme Court (June 27, 2005) | |
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| Is the Eighth Amendment Protection Violated If Prisoners Are Deprived of Basic Sustenance, Including Adequate Medical Care? | |
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| Yes: Anthony Kennedy, from Majority Opinion, Brown v. Plata, U.S. Supreme Court (May 23, 2011) | |
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| No: Antonin Scalia, from Dissenting Opinion, Brown v. Plata, U.S. Supreme Court (May 23, 2011) | |
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| Law and the State | |
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| Should Judges Be Elected Rather Than Appointed? | |
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| Yes: Michael R. Dimino, Sr., from "The Worst Way of Selecting Judges-Except All the Others That Have Been Tried," Northern Kentucky L. Rev., v. 32, pp. 267-304 (2005) | |
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| No: Charles Gardner Geyh, from "Why Judicial Elections Stink," Ohio St. L. L, v. 64, pp. 43-79 (2003) | |
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| Do Religious Groups Have a Right to Use Public School Facilities After Hours? | |
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| Yes: Clarence Thomas, from Majority Opinion, Good News Club, et al., v. Milford Central School, U.S. Supreme Court (June 11 2001) | |
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| No: David Souter, from Dissenting Opinion, Good News Club, et al., v. Milford Central School, U.S. Supreme Court (June 11, 2001) | |
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| Does the First Amendment Protect Picketing a Funeral Even When It Intentionally Inflicts Emotional Distress on the Family? | |
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| Yes: John Roberts, from Majority Opinion, Snyder v. Phelps, U.S. Supreme Court (March 2, 2011) | |
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| No: Samuel Alito, from Dissenting Opinion, Snyder v. Phelps, U.S. Supreme Court (March 2, 2011) | |
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| Can a School Punish a Student for Speech at a School-Supervised Event Off of School Grounds When That Speech Could Be Viewed As Promoting Illegal Drug Use? | |
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| Yes: John Roberts, from Majority Opinion, Deborah Morse, et al., v. Joseph Frederick, U.S. Supreme Court (June 25, 2007) | |
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| No: John Paul Stevens, from Dissenting Opinion, Deborah Morse, et al., v. Joseph Frederick, U.S. Supreme Court, (June 25, 2007) | |
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| Is a Strip Search of Middle School Students That Is Aimed at Finding Drugs Prohibited Under the Fourth Amendment? | |
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| Yes: David Souter, from Majority Opinion, Safford Unified School District, et al., v. April Redding, U.S. Supreme Court (June 25, 2009) | |
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| No: Clarence Thomas, from Dissenting Opinion, Safford Unified School District, et al., v. April Redding, U.S. Supreme Court (June 25, 2009) | |
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| Does the "Cruel and Unusual Punishment" Clause of the Eighth Amendment Bar the Imposition of the Death Penalty on Juveniles? | |
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| Yes: Anthony Kennedy, from Majority Opinion, Roper v. Simmons, U.S. Supreme Court (March 1, 2005) | |
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| No: Antonin Scalia, from Dissenting Opinion, Roper v. Simmons, U.S. Supreme Court (March 1, 2005) | |
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| Is a Sentence of Life in Prison for Stealing $150 Worth of Videotapes Constitutional? | |
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| Yes: Sandra Day O'Connor, from Majority Opinion, Lockyer v. Andrade, U.S. Supreme Court (March 5, 2003) | |
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| No: David Souter, from Dissenting Opinion, Lockyer v. Andrade, U.S. Supreme Court (March 5, 2003) | |
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| Can Noise Coming from Inside an Apartment and Which the Police Believe Involves the Destruction of Drugs Constitute "Exigent Circumstances" That Allow Police Officers to Enter and Search a Home Without a Warrant? | |
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| Yes: Samuel Alito, from Majority Opinion, Kentucky v. King, U.S. Supreme Court (May 16, 2011) | |
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| No: Ruth Bader Ginsburg, from Dissenting Opinion, Kentucky v. King, U.S. Supreme Court (May 16, 2011) | |
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| Is the Fourth Amendment Search and Seizure Guaranty Violated by the Use of High-Technology Thermal Imaging Devices? | |
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| Yes: Antonin Scalia, from Majority Opinion, Danny Lee Kyllo v. United States, U.S. Supreme Court (June 11, 2001) | |
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| No: John Paul Stevens, from Dissenting Opinion, Danny Lee Kyllo v. United States, U.S. Supreme Court (June 11, 2001) | |
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| Law and the Community | |
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| Is There a Constitutional Right to Possess a Firearm for Private Use? | |
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| Yes: Antonin Scalia, from Majority Opinion, District of Columbia, et al. v. Dick Anthony Heller, U.S. Supreme Court (June 26, 2008) | |
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| No: John Paul Stevens, from Dissenting Opinion, District of Columbia, et al. v. Dick Anthony Heller, U.S. Supreme Court (June 26, 2008) | |
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| Are Blanket Prohibitions on Cross Burnings Unconstitutional? | |
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| Yes: Sandra Day O'Connor, from Majority Opinion, Virginia v. Black, et al., U.S. Supreme Court (April 7, 2003) | |
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| No: Clarence Thomas, from Dissenting Opinion, Virginia v. Black, et al., U.S. Supreme Court (April 7, 2003) | |
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| Should Same-Sex Couples Receive Constitutional Protection? | |
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| Yes: Margaret Marshall, front Majority Opinion, Goodridge, et al., v. Department of Public Health, Massachusetts Supreme Judicial Court (2003) | |
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| No: Robert Cordy, from Minority Opinion, Goodridge, et al., v. Department of Public Health, Massachusetts Supreme Judicial Court (2003) | |
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| Do Race-Conscious Programs in Public University Admissions Policies Violate the Fourteenth Amendment's Guarantee of Equal Protection Under the Law? | |
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| Yes: Clarence Thomas, from Dissenting Opinion, Barbara Grutter v. Lee Bollinger et al., U.S. Supreme Court (June 23, 2003) | |
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| No: Sandra Day O'Connor, from Majority Opinion, Barbara Grutter v. Lee Bollinger et al., U.S. Supreme Court (June 23, 2003) | |
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| Does the Constitution's Commerce Clause Allow Congress to Require Uninsured Individuals to Buy Health Insurance? | |
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| Yes: Ruth Bader Ginsburg, from Opinion, National Federation of Independent Businesses v. Sebelius, Supreme Court (2012) | |
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| No: John G. Roberts, Jr., from Opinion, National Federation of Independent Businesses v. Sebelius, Supreme Court (2012) | |
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| Is It Unconstitutional for States to Imprison Undocumented Immigrants? | |
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| Yes: Anthony Kennedy, from Opinion of the Court, Arizona v. United States, Supreme Court (2012) | |
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| No: Antonin Scalia, from Dissenting Opinion, Arizona v. United States, Supreme Court (2012) | |
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| Contributors | |