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USC POSC 130g - PS130g_Paper_Fall2016a-2

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1 Political Science 130g Fall 2016 PAPER ASSIGNMENT: Impact Study Due November 22nd Write a twelve-page paper (typed and double-spaced) focused on the impact of one U.S. Supreme Court case or on the role of a federal administrative agency and its implementation of a policy. Pick a topic from 1) Cases or from 2) Federal Agencies. Review the instructions below to write a superior essay. This essay is worth 30% of your course grade. Turn in your essay on November 22nd no later than 4pm in VKC 327. 1. Impact Analysis of Case Select one of the cases below, download a copy from ares, so you can refer to this pagination in your essay, and assess the arguments presented. Summarize the main policy central to the decision in your own words; do not include direct quotations unless necessary and use no more than two short quotes at most. Provide an incisive analysis of the arguments in the majority, concurring, and dissenting opinions. As you present them, identify the moral, political, and economic assumptions that underlie the positions taken by the Justices. Your paper should offer a critical analysis of the U.S. Supreme Court's reasoning by focusing on the policy implications of the decision. CASES Rodriguez v. U.S. (2015) A police officer stopped Rodriguez for a driving violation. He then attempted to take his dog around the perimeter of the car after back-up arrived. Rodriguez refused to consent to this search and argued that it was unreasonable. The U.S. Supreme Court revisited the question of the circumstances under which a dog sniff is consistent with the Fourth Amendment.2 Christian Legal Society Chapter of UC, Hastings v. Martinez (2010) A student chapter of the Christian Legal Society at a public law school asked to be exempt from the school’s nondiscrimination policy that required accepting “all comers”. When the law school refused to make an exception and grant the Christina Legal Society “recognized student organization” status, the group filed a lawsuit arguing that the policy violated the First Amendment. The Supreme Court had to assess the legitimacy of the “all comers” policy. Shelby County v. Holder (2013) The landmark Voting Rights Act (VRA) was designed to address racial discrimination in voting and ensure access to polls for all citizens. Among important provisions it contains was one requiring “preclearance” if there was a history of discrimination in the jurisdiction, i.e., barriers to political participation. The question the U.S. Supreme Court addressed was whether VRA provisions were unconstitutional. U.S. v. Stevens (2010) Mr. Stevens was convicted under a law that prohibited "knowingly selling depictions of animal cruelty with the intention of placing those depictions in interstate commerce for commercial gain." At issue was whether the sale of videos depicting illegal dog fighting in order to deter animal cruelty violated the First Amendment. Holder v. Humanitarian Law Project (2010) The case raises the question of whether the federal statute that prohibited providing material support to groups that the government designated as “terrorist” was unconstitutional. Plaintiffs argued that the law as unconstitutionally vague and violated their First Amendment rights to freedom of speech and freedom of association. District of Columbia v. Heller (2008) The Supreme Court considered whether the Second Amendment gives individuals not connected with any state militia the right to own guns and its implications for gun control laws.3 Miller v. Alabama (2012) Evan Miller, a fourteen year-old killed another by child by beating him to death and burning the trailer in which he was. He was tried as an adult and sentenced to a mandatory term of life without the possibility of parole. The issue was whether laws providing mandatory life imprisonment for juveniles violated the Eight Amendment prohibition against cruel and unusual punishment. McCullen v. Coakley (2014) Massachusetts revised its statute concerning reproductive health care facilities. It added a provision prohibiting individuals from standing on a “public way or sidewalk” closer than 35 feet to an abortion clinic. The Supreme Court addressed the question as to whether the buffer zone violated the First Amendment. Simon & Schuster, Inc., v. Members of the New York State Crime Victims Board (1991) An organized crime figure, Henry Hill, entered into a contract with the publisher Simon & Schuster to coauthor a book about his experiences. When the Crime Victims Board found out about the contract (which included the payment of royalties to Hill), it argued that this deal violated the Son of Sam law. This New York law required that a criminal's income from works describing his crimes be placed in an escrow account, so that the funds could be disbursed to victims of those crimes. The question was whether the Son of Sam law was inconsistent with the First Amendment.4 Other paper option 2. Federal Agency and policy implementation Administrative agencies create law through formulating rules and regulations. Write a brief history of the role of one of these federal bodies. After tracing the key developments in its evolution, identify a policy that the agency promulgated. Analyze the arguments surrounding the adoption of this regulation and its impact on society. Select one of the following agencies and one of its policies: U.S. Department of Health and Human Services: Food and Drug Administration Genetically Modified Foods (Foods derived from new plant varieties; policy statement, 22984) http://www.fda.gov/Food/GuidanceRegulation/GuidanceDocumentsRegulatoryInformation/Biotechnology/ucm096095.htm or U.S. Department of Homeland Security Biometrics National Security Presidential Directive/NSPD – 59/Homeland Security Presidential Directive/HSPD (also known as 24: Biometrics for Identification and Screening to Enhance National Security) http://fas.org/irp/offdocs/nspd/nspd-59.htm References: See http://guides.lib.virginia.edu/administrative_decisions


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USC POSC 130g - PS130g_Paper_Fall2016a-2

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