Argumentative paper
You will write your own court opinion. There are two options: A) a real case that you wish to overturn; or B) a fictional case inspired by real life events or entertainment. You need to come up with a case (or make up a case) to argue against. There are different ways to do this. The student will argue whether or not the case was decided correctly. You will base your arguments on many different types of evidence: text of a law, history of a law, prior precedent, social science research, scholarly arguments, ethics, policy, etc. You MUST add more to your argument than what was just presented in the original case and have plenty of research and citations. [Cases that already have a dissent are very helpful]. The first half or so of the paper should sound like a case brief. First tell me what happened: facts, arguments and lower court decisions. Then tell me the issues in the case. Next briefly go over the law and/or decisions in the case. Do not overwrite this part, just tell me enough so that I know what is going on (act as if I do not know) and enough for you to make points in the analysis sections. In the second half of the paper you will be the Justice of the Supreme Court and you will write your own opinion as to how the case should have been decided. Once again, the arguments will be mostly rooted in caselaw, but you will have to also use policy, history, text of the law, social science, other scholarly research, ethics, etc. Ultimately, it should go beyond just the case law. You will cite sources and back up your arguments with research. Make sure to answer possible counterarguments made by critics of your opinion (that is the professor- in other words debate me before I read it). Make sure to also have a works cited page (APA style is preferred).
The case chosen is: Bradenburg vs Ohio
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