cedatopic
Friday, June 02, 2006
  Agenda for Day 3
1. Area Topics
First Amentment
Race
Education
Religious Freedom

2. Mahoney - update on 1A vs. Ntl Sec

3. Harrison - Plenary Power

4. Adjust size of the lists (shrink)

5. Can the affirmative specify the grounds for overrule?
 
Comments:
In the continuing effort to limit via theme or area: EDUCATION

Originally I envisioned a resolution such as:
The United States Supreme Court should overrule one or more of its previous decisions on education policy in one of the following areas: desegregation remedy, affirmative action, religious establishment, and school drug testing, free speech

Or

The United States Supreme Court should overrule (the holdings of) one of its previous decisions related to education in the areas of school desegregation, affirmative action admission policy, establishment of religion, and school drug testing, freedom of speech

The United States Supreme Court should overrule one of its previous decisions related to education and the rights of students in the areas of school desegregation, educational affirmative action policy, establishment clause, school drug testing, freedom of speech

(italics are just indicating that I think 3 areas would be sufficient, and that beyond that would be overwhelming.)

This may be overwhelming and a thematic list would be simpler. It would be able to access “the big hits”, but without the vagueness of areas.

Suggestions:

The USSC should overrule one or more of the following decisions in the area of education policy: Milliken v. Bradley , San Antonio v Rodriguez., Gratz v. Bollinger, Lemon v. Kurtzman, Edwards v. Aguillard 482 US 578, Lee v. Weisman 505 US 577 (5-4)-1992, Bd. Of Ed v. Earls, Veronia School v. Acton.



One other possibility . . . joking called the “Death Area”, but its really about individual liberties. But it would be interesting.

Started as:

The United States Supreme Court should overrule one or more of the following cases in one of the following areas of the law: abortion, right to die, capital punishment.

Which is obviously too broad. So perhaps:


The USSC should overrule one or more of the following cases involving the concept of privacy (or individual right, or federalism?): Glucksberg, Casey, Gregg.

I don’t know if the qualifying term at the end of the stem is necessary, but I was thinking on the fly. The biggest issue addressed previously was the viability of Glucksberg and Gregg.
 
if it was Congress only, it would be immigration and public lands and US territories
 
if you feel unfamiliar with the plenary power topic, a good starting point would be to read my paper :)
 
Could the agenda be amended to include the discussion on edebate re: Supreme Court vs. judicial branch of the US? No one has written to defend just SCOTUS yet, and the lower courts CP, as Herndon mentioned, seems particularly devastating to education and aff offense.
 
you guys shouldn't feel bad - you took on a huge task and i don't feel bad about pp going down as it did.

i feel respected :)
 
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TOPIC PAPERS
  • 2006 Supreme Court Interim - Galloway
  • 2006 "Overrule" - Smelko
  • 2004 SC Federalism - Galloway
  • 2003 Supreme Court - Galloway

  • 2006 Abortion - Lee
  • 2006 First Amendment - Patrice
  • 2006 Right-to-Die - Moore
  • 2006 Plenary Power - Harrison
  • 2006 Ripeness - Neal
  • 2006 Aff Action - Hall
  • 2006 Pres Powers via Courts - Stables
  • 2006 Updated War Powers - Stables
  • 2006 Morrison - Galloway
  • 2006 Milliken - Mancuso
  • 2006 Religious Freedom - T. O'Donnell
  • 2006 Strike Exec on 1A - Mahoney
  • 2006 1A vs. Ntl Sec Supp - Mahoney
  • 2006 1A vs. Ntl - Day 3 - Mahoney
  • 2006 Glucksberg - Helwich
  • 2006 Hudnut - Galloway
  • 2006 Gregg - Stables
  • 2006 Fundamental Rights - Vats
  • 2006 Terry Aff evidence - Bauschard
  • 2006 Terry Neg evidence - Bauschard
  • 2006 Terry Blocks - Bauschard
  • 2006 Terry Thoughts - Zive
  • 2006 Garcetti - O'Donnell
  • 2006 - Fundamental Rights - Vats
  • 2006 Case List Survey - Mancuso
  • 2006 Executive Authority - Stables
  • 2006 Detention - Bauschard
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  • TOPIC RESOURCES
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  • Jurist: Legal News and Research
  • The Curiae Project/Yale: SC Records/Briefs
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  • 2007-08 TOPICS
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  • TOPIC PROCESS
  • Topic Process Report 2006
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  • COMMITTEE MEMBERS
  • Gordon Stables, At-Large Rep, Chair
  • Darren Elliott, CEDA EC Rep
  • Ryan Galloway, At-Large Rep
  • Malcolm Gordon, Student Rep
  • Ed Lee, At-Large Rep
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  • ARCHIVES
    2006-05-07 / 2006-05-14 / 2006-05-21 / 2006-05-28 / 2006-06-04 /


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