The paper should include the following components or some similar organizational structure Background: Approximately 1 page explaining the keys facts of the case or topic under investigation. For example, students may be interested in the free speech issues involved in Masterpiece Cakeshop v. Colorado Civil Rights Commission and what the case may mean for future First Amendment cases. In this section, you would explain how the case arose, including the basic facts, the parties in dispute, and what happened in the lower courts. Even though this case was recently decided by SCOTUS, its impact is not yet known, so it would make an appropriate subject for a paper. Legal scholars have offered their hot takes about the case, but much remains unresolved. Conversely, a paper about Near v. Minnesota would not be a suitable topic because it was decided more than 90 years ago, and its holding is well-settled law. Issues: Approximately 1-2 pages explaining the relevant legal issues raised. This section should discussion of the dispute or issues that are the main focus of the paper. Think of this as the statement of the big problem. What should readers focus on? For example, in the Masterpiece Cakeshop example, the key issue might be whether the Colorado Civil Rights Commission violated the cakeshop owners First Amendment rights in the way they conducted the hearings related to the owners refusal to bake a cake for a same-sex couples wedding. There are also larger issues about religious expression and discrimination that may be suitable to explore even though the Court did not address those issues squarely in the opinion Analysis and Discussion: Approximately 3-6 pages explaining how existing law applies to the central issues raised in the paper. For example, you could explain the various arguments from key stakeholders who would be concerned with the outcome of the Masterpiece Cakeshop case. What does this mean for business owners? Same-sex couples? Evangelical Christians? State civil rights commissions conducting similar hearings? You should be encouraged to look beyond the SCOTUS opinion to determine how Congress, states, or courts could/should act now that the case has been decided. Opinions are welcome in the analysis, but they must be supported with sound legal or logical reasoning. Conclusion: Approximately 1 page explaining how the case or issue should be resolved. In whose favor? Why? How should the key stakeholders in the case move forward? For example, you may take the side that the Colorado Public Service Commission acted constitutionally (which would be the opposite position of the Court in the case). Explain how that conclusion is supported and what this would mean for future cases. Note: The conclusion section should show creative and critical thinking. It should not oversimplify complex issues by, for example, advising the parties to settle or merely stating that the Court got it right/wrong. Although these basic conclusions might be warranted, you must show the thinking that leads to such conclusions. For example, if you think there are valid arguments for the parties in a case reaching a settlement, then the paper should detail what that settlement would look like and what the advantages and disadvantages are for each party under a proposed settlement. The paper should draw from primary (e.g. case law, statutes, administrative rules and other black-letter law) and secondary resources (e.g. news articles, law review articles, scholarly works). You should use at least 2 primary and 4 secondary resources in your piece. However, an A paper will probably be more heavily researched. Make sure you use reputable resources to explore the issues. The textbook may guide your research, but it is not an acceptable source for a research paper of this caliber since most of the textbook material is available in primary sources.
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