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Law Day 2002 "Should" Questions

The assignment for the 2002 Law Day Essay Contest is to answer a public policy "should" question that fits into the theme of "Assuring Equal Justice for All." The contest has been designed to help teachers prepare students for the MEAP and HSPT tests, while exploring the Law Day theme. On the Social Studies Assessment portion of the MEAP test, students will have to write extended-response essays that answer "should" questions and require taking a stand on public policy issues. These essays are scored based on the student's ability to clearly state a position on the issue and provide supporting information using an application of core democratic values of American constitutional democracy, prior knowledge of history, civics, geography or economics, and logically related data from a provided Data Section (usually a Supreme Court Case). The Law Day Essay Contest is an excellent way to practice an extended-response with students.

The MEAP requirement to use supporting information from a provided data section is replaced by a research requirement. At least one Supreme Court opinion or other research tip is listed for each of the "Should" questions. Research should help the student gain a deeper understanding of the public policy issue and provide more thoroughly reasoned support for the position taken. Looking at a Supreme Court opinion will be an educational experience. The Supreme Court opinions do not need to be read or understood in their entirety. The idea is to gain historical insight or a perspective on a related public policy issue. Often, footnote and anecdotal information will be helpful. Students may also find articles or books that summarize or discuss the cases.

The "Helpful Hints for Teachers" are suggestions for teachers to develop their "should" questions to go with the essay contest theme "Assuring Equal Justice for All." Extensive research has been done to develop information for the teachers to use (consulting with a public librarian, consulting with a social studies curriculum coordinator of a school district, searching in books and on the web). The teachers are free to develop their own "should" question from their own lesson plans about the law, so long as it fits in with the essay contest theme, or to use the suggested "should" questions. The class can use the same "should" question or each student can use a different "should" question.

Information Sources for the Law Day Essay:

    1. Research at your local library. Some possible books that are at most public libraries:

    • Grolier Educational Corp., The United States Supreme Court Encyclopedia, George J. Lankevich, Editor
    • Land Mark Decisions of the United States Supreme Court A Series edited by: Maureen Harrison and Steve Gilbert,  published by Excellent Books.
    • Other books or newspaper or periodical articles that relate to the topic or court case.

    2. Research on the internet.

    • Searchable Supreme Court database
    • Use FirstSearch to find books, articles, films, and other types of material on the subject you need. Your local library will give you a password to access this website at home. Type in your authorization and password, click on start button, choose an appropriate database.

    The following web sites cannot be accessed from the home computer. All libraries and schools should have these sites available for your use: (You may e-mail any of the search results to your home computer.)

    AccessMichigan  A web site available at all schools to search full text databases below. Links to the following databases:

         MEL (MICHIGAN ELECTRONIC LIBRARY) A website available at all schools to search full text database.
         SIRS  SIRS Discover Deluxe is a full-text database geared toward elementary school and middle school students (grade 1
         through 9.) The database provides information from more than 1100 sources, a 26,000 article encyclopedia and more.
         Electric Elementary Easy research tool for K-6 students. Full text database.

    3. Sources of core democratic values of American constitutional democracy include: the United States Constitution, the Declaration of Independence, and other significant documents, speeches, and writings of the nation. Core democratic values are the fundamental beliefs and constitutional principles of American Society. Encourage students to study the part of the constitution that relates to their chosen essay topic. Constitutional principles include: the rule of law, separation of powers, checks and balances, representative government, individual rights, federalism, civilian control of the military, and freedom of religion. Fundamental beliefs include: life, liberty, the pursuit of happiness, truth, justice, equality, diversity, popular sovereignty, and patriotism.

Law Day 2002 State of Michigan Essay Contest SHOULD Questions
    There are eight possible should questions below. Choose one that you would like to write about. If you have submitted an essay on one of the topics below in past years, please choose a different topic. You may create a "should" question of your own, but refer to a Supreme Court case to form your opinions.  If you have any problems with the URLs please e-mail Mary Ann Farris at fmaunique@aol.com for corrections.

    (1) Suppose that a few female students are being threatened and called names at their high school because the head scarves they wear readily identify them as Muslim. Suppose also that several students had personal connections to victims of recent terrorist attacks and that anti- Muslim sentiment is high at the school. Further suppose that a group of non-Muslim students sees the need to do something about the cultural harassment and devises a plan to wear head scarves for one week in a show of support for their Muslim friends. The school board fears that this plan could incite violence.
    Should
    the school board be allowed to prevent the student expression of solidarity with Muslims by banning the wearing of head scarves at school? See Tinker v. Des Moines Independent School District, 393 U.S. 503 (1969)
    http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=search&court=US&case=/us/393/503.html

    See also the ABA teaching unit "What does Tinker v. Des Moines mean to you?" http://www.abanet.org/publiced/lawday/tinker/home.html

    If your school has a policy about anti-bullying or hazing, refer to this policy. If your school has not developed anti-bullying or hazing policies, go to this web site to read sample policies developed by the Michigan Association of School Boards http://community.webshots.com/album/30323156uTpkaGXXhf

    (2) Suppose that a school district chooses to schedule female athletic seasons at times when boys teams are not using the needed athletic facilities. This may be disadvantageous to the female athletes for reasons such as limited availability of college athletic scholarships and lack of available interstate competition. Should a school district be required to schedule female sports during seasons that are traditionally used by colleges, universities and most other high schools in the country?
    See U.S. v. Commonwealth of Virginia, 518 U.S. 515 (1996)
    http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=u20026

    See the ABA teaching unit "What does it mean to have equal protection of the laws?"
    http://www.abanet.org/publiced/lawday/schools/lessons/79_equal1.html

    (3) Suppose that a student is routinely bullied at school and does not have a safe and secure learning environment. Should a school board be held responsible for the hostile environment that allowed harassment to continue?
    See Davis v. Monroe County Board of Education, 526 U.S. 629 (1999)
    http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=97-843

    If your school has a policy about anti-bullying or hazing, refer to this policy. If your school has not developed anti-bullying or hazing policies, go to this web site to read sample policies developed by the Michigan Association of School Boards: http://community.webshots.com/album/30323156uTpkaGXXhf

    (4) Suppose that a high school student is charged with committing a serious crime. Should a juvenile be entitled to a jury trial?
    See In re Gault, 387 U.S. 1 (1967)
    http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=search&court=US&case=/us/387/1.html

    See also, ABA teaching Unit "Juvenile Justice: The Case of Gerry Gault" http://www.abanet.org/publiced/lawday/schools/lessons/79_juvjustice.html

    (5) Suppose that students are displaying the American flag on their lockers and clothing and reciting the Pledge of Allegiance spontaneously. Should the principal be allowed to ban reciting the Pledge of Allegiance and ban placing American Flag stickers on lockers where they might cause damage and offend someone?
    See Tinker v. Des Moines Independent School District, 393 U.S . 503 (1969)
    http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=search&court=US&case=/us/393/503.html

    (6) Suppose that there is reliable intelligence that a terrorist group of a particular ethnicity is planning an attack at a major shopping mall. Should the government have the power to temporarily ban all individuals, including American citizens, of that ethnicity from certain shopping malls as a national security precaution?
    See Korematsu v. United States 323 U.S. 214 (1944)
    http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=search&court=US&case=/us/323/214.html

    (7) Many Christian denominations encourage members under 21 years of age to consume small quantities of alcohol for sacramental purposes during religious ceremonies. Should native Americans be allowed to consume small amounts of peyote (a hallucinogenic drug) for sacramental purposes during religious ceremonies?
    See Employment Division v. Smith 485 U.S. 660 (1988)
    http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=search&court=US&case=/us/485/660.html

    (8) Suppose that the business has begun to require that all employees recite the Pledge of Allegiance each morning. Should the owner be able to fire an employee that refuses to participate in the Pledge of Allegiance because his Jehovah's Witness faith believes that a ceremonial saluting of a national flag is a form of idolatry?
    See Minersville School District v. Gobitis 310 U.S. 586 (1940)
    http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=search&court=US&case=/us/310/586.html