The Purpose of Project This is a topical research project in philosophy of law; which means it is essentially a term paper on the subject of jurisprudence and philosophy; which means in choosing your project you are looking at the law on a particular topic and by what means it has been adjudicated; which means you must talk about how and on what grounds judges have settled on the answers to a particular legal problem. I left the topic open for you to follow your curiosity, in order to explore whatever topics interest you, and for you to see how the law has developed in that area. You might find that the law hasn’t actually been settled when it comes to your interests, making it a difficult to write about. Even if you have to switch topics, you will learn something along the way. The best topic will be one that has at least one Supreme Court case to look at or, if not that, perhaps a State Supreme Court case, or at least one or more Federal Circuit cases to examine. This will help you to narrow your topic down and stay focused on explicating the relevant matters of legal interpretation. The ultimate aim here, as described in the syllabus, is to utilize the concepts from philosophy of law to address a particular legal constitutional issue, by providing the following: the background of that issue, a clear statement of the state of the law today, a description (essentially a brief) of the key case(s), the level of scrutiny or other measure of analysis utilized by the Court, a discussion of the ethical and jurisprudential considerations (is it utilitarian or deontological in nature, does it lean natural law or legal positivist?), and some measure of critical analysis of the final position. Outline Content: Your outline should provide a description of the legal issue you intend to research and the issue and holding of the case(s) you intend to use. Due April 5th. Presentation Content: You will need to sign up for a presentation between April 19 and May 10th detailing your research findings which should include the elements described above: (1) some background on the issue (2) a clear statement of the state of the law today (3) a description of the key case(s) (4) a discussion of the level of scrutiny or other measure of analysis utilized by the Court (5) a discussion of the ethical & jurisprudential considerations (6) some critical analysis of the state of the law. Format: You should create and share some sort of visual aid (a power point or a handout sheet) during your presentation. Your presentation should not be longer than ten minutes. You have the option of presenting live during our Zoom class or creating a video and sharing it on the Discussion Board. Final Papers Content: Your paper should include: (1) the background of that issue (2) a clear statement of the state of the law today (3) a description of the key cases (4) a description of the level of scrutiny or other measure of analysis utilized by the Court (5) a discussion of the ethical & jurisprudential considerations (6) some critical analysis of the state of the law. Format: · Papers should be roughly four (4) pages, single spaced, 1” margins, and 12 point Times New Roman. (maximum of 5 pages). · Citations are required. You will need to provide citations for every reference to the thoughts, statement, positions, etc. of any author or court case that you rely on. o Footnote citations at the bottom of the page are best. Endnotes are fine as well. You do not need to provide a Bibliography/Work Cited page. o For articles, you can use MLA style (or any other style, so long as the citations are consistent and the source can be easily ascertained). i.e., Poniewozik, James. “TV Makes a Too-Close Call.” Time, 20 Nov. 2000, pp. 70-71. With the subsequent citation merely stating, James, p.31. Here is a source that can help: https://owl.purdue.edu/owl/research_and_citation/mla_style/mla_formatting_and_style_guide/mla_works_cited_periodicals.html o For legal cases, you will find embedded page numbers in the text of the case. A proper case cite will include the case name, the citation, and the relevant page number, i.e., Roe v. Wade, 410 U.S. 113, 115 (1973). With subsequent citations merely stating, Roe v. Wade, 116. Here is a source that can help: https://lib.guides.umd.edu/c.php?g=326428&p=2192780 The best place to do legal research is on the Lexis/Nexis, a database will find on the CSU library website. · Writing style. The number one goal in writing this paper is CLARITY. o Ideally, you will simply write like a robot. That means you will write your paper with as little nuance and flowery language and egregious embellishment as possible. There should be no cause for confusion. Every sentence must be easily understood and needs to serve some purpose within your paper. In other words, do not write some beautiful mess of words or that could mean many different things to many different people and expect to do well. o You will be graded on the demonstration of your research efforts, the clarity of your statements, and your ability to follow the guidelines of this prompt. o While the paper calls for critical analysis, this is not a position or rhetorical paper. It does not ask you to advocate for a particular view, it requires you to analyze the legal issues in a balanced and critical manner.
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