Civil Liberties Homepage
Welcome to the Homepage of Civil Liberties. This website contains information regarding the class. Click on the links below to take you to the document.
***I urge you to make your personal health a top priority!***UL Counseling and Testing Center 482-6480, 2nd Floor of Olivier Hall
Suggested list of self-help books
SYLLABUS AND CASE BRIEF HELP The syllabus handed out in-class.
The Judicial Branch Brief overview of the U.S. federal court system. How to Read a Court Case Handout on understanding the basic elements of court cases. Elements of a Case Brief Explanation of a case brief, with a sample brief of Roe v. Wade. These sample briefs are here for you compare your practice brief against, as a guide to how you’re doing in spotting the main elements of the cases. To maximize your learning the skill of how to brief cases, try not to look at a sample brief until you complete your own practice brief for the case. Reynolds Case Brief Sample case brief of Reynolds v. U.S. Yoder Case Brief Sample case brief of Wisconsin v. Yoder Smith Case Brief Sample case brief of Employment Division v. Smith Church of Lukumi Case Brief Sample case brief of Church of Lukumi Babalu Aye v. City of Hiealeah Miller Case Brief Sample case brief of Wisconsin v. Miller
***NOTE from the above sample briefs that sometimes a court will spend a lot of discussion on the rule but dispense with the application quickly, and sometimes only quickly cite the rule, and then spend much time applying the rule. Other times a court will spend little time doing either, or much time doing both. Every case is different.Signaling Words Some common words courts sometimes use in certain parts of their opinions.
EXAMS
I strongly urge you to study together for exams. ***Permanent-ink pen and bluebooks are required for exams! Study Guide for all exams ***Note: This is the material for the entire course. Be sure to note in class specifically which of this material is covered on each individual exam!!!Model Exam Answer IRAC explanation, with sample exam question with model answer. Model Exam Answer #2 IRAC example discussing a Free Exercise of Religion hypothetical. Pattern for Free Excercise IRAC Example of both good and poor Free Exercise IRAC answers. Common Exam Mistakes 10 most common mistakes made in analyzing hypothetical cases on exams. ***Note that these mistakes should be avoided in your appellate brief assignment as well!!!
ASSIGNMENTS (Don't forget due dates!!!)
I strongly urge you to work together on assignments. All assignments or drafts thereof must be typed. Appellate Brief Assignment Due Date: See Syllabus
Appellate Brief Case Options Choose one of the sides in one of these cases for your appellate brief. Common Mistakes in Appellate Briefs Note: See also Common Exam Mistakes above. Basics of Legal Research A brief introduction to legal research and legal citations. Sample Brief 2 Examine this actual appellate brief filed in the U.S. Supreme Court. Notice how the brief presents the Table of Contents and the Table of Authorities, and the Introduction is basically the same as a Summary of Argument. It leaves out the Statement of the Case and Question Presented only because it is a "reply brief" filed as a secondary brief in rebuttal to the opposing counsel's primary brief. However, this brief is a good, concise example of an appellate brief. Give particular attention to the application of the "standing" rule from the Lujan case. First the rule is set out, and then each element of the rule is argued in turn. Also, in the brief as a whole, notice how cases are analogized to or distinguished, how opposing arguments are rebutted, how cases are quoted or cited in support, and how section headings guide the reader. Sample Brief Another actual brief, this one filed in the U.S. Court of Appeals. Notice how the brief is well organized with clearly headed sections, and how the arguments are extensively supported with legal citations. Be aware, however, that some of these arguments and citations would be different had this brief been filed after more recent U.S. Supreme Court cases interpreting the Establishment Clause. Sample Appellate Briefs Here you can find numerous briefs written by attorneys arguing cases before the U.S. Supreme Court. Make sure that you look only at briefs "on the merits" which fully discuss and debate the main legal issues involved in the case, as opposed to briefs arguing for or against a writ of certioriari or other procedural matters. Briefs "on the merits" should give you a feel for the organization and the general style of analysis used in a appellate brief.
COURSE READINGS--U.S. Supreme Court cases unless otherwise noted
***NOTE: You need to read/brief ONLY the cases assigned on the course syllabus!***
The Purpose of Education
Virginia Bill on the Diffusion of Knowledge by Thomas Jefferson. What is the purpose of public education? (How well is your public education meeting these goals?) Rockfish Gap Report by Thomas Jefferson, James Madison, and the other Commissioners of the University of Virginia. What is the purpose of primary education? (How well did your K-12 education meet these goals?) What is the purpose of higher education? (How well is your higher education meeting these goals?)
Footnote 4 of U.S. v. Carolene Products The origin of the "preferred freedoms" doctrine. Freedom of Religion
Development of the Religion Clauses Early drafts of the Religion Clauses. Memorial and Remonstrance James Madison's famous argument for the separation of church and state. Virginia Bill for Religious Freedom Jefferson's famous bill for religious liberty Founders' Views of Religion A summary of the views of the U.S. Founders on religion. Christian Nation? The strong evidence against "Christian Nation" historical revisionism. 1797 Treaty of Tripoli The 1797 Treaty of Tripoli. Reynolds v. United States Wisconsin v. Yoder Employment Division v. Smith Church of Lukumi Babalu Aye v. City of Hiealeah Wisconsin v. Miller Supreme Court of Wisconsin RFRA and RLPA Congressional attempts to overturn Employment Division v. Smith
Establishment of Religion
Everson v. Board of Education Zelman v. Simmons-Harris County of Allegheny v. ACLU Santa Fe Independent School District v. Doe Van Orden v. Perry McCreary County v. ACLU Freedom of Speech (Background Concepts)
Aeropagitica John Milton's defense of free speech. On Liberty John Stuart Mill's defense of free speech. Alien and Sedition Act The 1798 Congressional Statute outlawing seditious libel. Virginia Resolution The State of Virginia's disapproval of the Alien and Sedition Acts. State v. Metzger Supreme Court of Nebraska ISKCON v. Lee Freedom of Speech (Subversive and Offensive Speech)
Schenck v. U.S. Abrams v. U.S. Brandenburg v. U.S. Chaplinsky v. New Hampshire State v. Read Supreme Court of Vermont Cohen v. California Virginia v. Black Collin v. Smith U.S. Court of Appeals, 7th Circuit UWM Post v. Board of Regents U.S. District Court, Eastern District of Wisconsin Freedom of Speech (Symbolic Speech)
U.S. v. O'Brien Texas v. Johnson Canady v. Bossier Parrish School District U.S. Court of Appeals, 5th Circuit Freedom of Speech (Obscenity)
Paris Adult Theatres I v. Slaton Miller v. California American Booksellers Association v. Hudnut U.S. Court of Appeals, 7th Circuit Freedom of Speech (Defamation)
New York Times v. Sullivan Gertz v. Welch Bryson v. News America Publications Supreme Court of Illinois Freedom of Speech (Miscellaneous)
New York Times v. U.S. (military secrets/national security) West Virginia Board of Education v. Barnette (compelled speech)
Course-Relevant Websites
Findlaw Guide to the First Amendment Analysis of First Amendment law with annotated cases--an EXCELLENT resource! American Civil Liberties Union (ACLU) Public interest group dedicated to preserving civil liberties. Freedom Forum Public interest group dedicated to preserving civil liberties. Findlaw Searchable database of full-text U.S. Supreme Court opinions. Legal Information Institute (LII)Selected Supreme Court opinions on-line.