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Philosophy of Law Writing the Supreme Court Decision

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Writing the Supreme Court Decision

PH 307

1. Select the case you wish to write on.

2. Read the entire case as it was presented to the public.

3. Decide whether you are “pro” or “con” the decision. This means you will write either a

Concurring opinion” or a “Dissenting opinion.”

4. Form for Concurring Opinion—5 pa.

a. Set-out briefly the facts of the case

b. Set-out the prevailing legal/moral principles

c. Set-out what dissenters would say for their opinion

d. Refute the dissenters

e. Speculate on the broad significance of this opinion going forward.

5. Form for Dissenting Opinion—5 pa.

a. Set-out briefly the facts of the case

b. Set-out the prevailing legal/moral principles

c. Set out what proponents would say for their opinion

d. Refute the proponents

e. Speculate on the broad significance of this opinion going forward.

This is a 5 page paper. The most important parts of the process for grading are: 4 (d & e) or 5 (d

& e).

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