[eDebate] Supreme Court Topic wording issues
Tue May 9 10:56:06 CDT 2006
Now that we have a topic...
If there is to be a list, we should look at the general literature to discern a broad based understanding, however preliminary, of the topic. It makes no sense to squabble about how we might identify a few advocates and craft a topic narrowly around those advocates. This poor argument has been made several times on Edebate
we should instead investigate the supreme court literature and find solvency advocates as examples, not templates. Of course, people will ignore a semblance of a solvency advocate as the year regresses!
That being said, start with the current docket: http://www.supremecourtus.gov/docket/docket.html
This is important for a few reasons. If we are to have a res. based on current cases, obviously we'd want to discuss what's on the current docket. But if there is to be a list of areas, I think it is important to look at the docket because it will "operationally" define a huge portion of the literature.
Anyone interested in topic wording should visit: (this will also cut down on the solvency advocate search and list topics)
http://supreme.lp.findlaw.com/supreme_court/caseindex.html (subject list and docket info)
http://www.landmarkcases.org/index.html (background for foundational cases...includes some current)
http://www.oyez.org/oyez/frontpage (current docket and a ton of resources...subject divided as well)
http://www.aele.org/Hot.html AELE's Law Enforcement Center & "Hot Cases" (focuses on law enforcement issues)
http://www.aclu.org/scotus/index.html (ACLU...analysis of current and recently decided cases)
Phrases that should not be in a list (or how they could):
-"civil liberties/rights"...the broad phrase includes all the issues discussed on the HS topic this year. Do we want data mining and GITMO? How about the myriad of War on Terrorism arguments? If we instead used "1st Amendment rights"...or any other part of/amendment that does not deal with detention or search/seizure. There are numerous 1st amendment issues being heard and recently heard by the Court. ...And they are diverse within this subject. Yes, we should probably talk about the war on terror (simply because it is the single biggest movement of government intrusion and affects everyone), we can do so (i.e. the case impact) without rehashing the same cases done to death this year.....Alot of this reflects poorly on "reduce presidential authorty"..
-"SOP"...this limits nothing! and current/recent SOP cases deal with, you guessed it, Homeland Security and education...and I think a few concerning the environment. This also overlaps consideration of reducing pres. authority...and there's a reason why neither of these will be selected as the topic area!
I'll repost this...Here are some potential issues for discussion (also areas in which the SC has ruled over the last few years). These are the representative issues in the general literature:
-Children's (Minors) Rights
*-1st Amendment (Pledge of Allegiance, gen. free speech issues)
-Americans With Disabilities (Act)/Eleventh Amendment
-Health Law (pre-emption, federalism, ADA)
...and yeah, I don't think there's been a relevant decision that affects space...!
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Emporia State University
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