Shella Dalmace New York Times v. Sullivan (1964)
Read all and follow all of the following closely:
You should begin at the original source – the Supreme Court webpage (supremecourt.gov), find and read the entire case assigned to you and take notes that reflect the questions above.
Other useful sources include webpages named SCOTUSblog and FindLaw
You are advised to also use a database such as Academic Search Complete that is linked to the NSU Watson Library webpage. You need to learn to use these sort of databases. If you do not find satisfactory material (which is possible, especially for the very recent cases), try another database. You are required to use and cite at least one major news source, keeping to the mainstream sources such as major newspapers and magazines.
Your essay should contain the following:
1) The name and year of your case and a summary of the issue it addresses. In particular, explain the Constitutional issue or question before the Court.
2) Explain the two sides of the issue. Who is the Plaintff and who is the Respondent? What does each side argue?
3) How did the case get to the Supreme Court? Was it a matter of Original Jurisdiction? Was it a matter of Appellate Jurisdiction with the court approving a writ of certiorari?
4) How was the case decided? That is, did the plaintiff or the respondent win? What was the vote (for example, 7 to 2. Remember that sometimes a Supreme Court Justice will recuse themselves from a case, and so the final vote might not add up to 9.
5) Briefly summarize the Majority Opinion
6) Where there any Concurring Opinions written, and if so, what did the author(s) argue?
7) Where there any Dissenting Opinions written, and if so, what did the author(s) argue?
8) Explain your opinion on whether the Court decided correctly or incorrectly.
9) Explain whether or not you feel the case and the Court’s decision was related to political issues facing the nation at the time of the case and today. What political consequences can you identify?
This is what I’m looking for in an ‘A’ paper:
• You show your understanding of the facts, issues involved in the case, and the factors that went into the decision for each side.
• You demonstrate an understanding of the issue, the majority opinion, and dissenting opinions (if there are any)
• You argue that the Supreme Court decided the case correctly or incorrectly and why. Do not begin sentences with the phrase, “In my opinion,” or a similar phrase. Just state your views in properly written statements.
• Your writing flows from paragraph to paragraph without abrupt transitions that jar the reader’s attention.
• You use proper format for referring to cases. The cases should be italics. You capitalize the Supreme Court, Congress, Constitution, Amendments, and clauses of the Constitution such as Due Process or Equal Protection Clauses.
• Your essay shows attention to proper writing, with proofreading and editing for errors in spelling and grammar.
• You cite all quotations and analyses that you borrow. It is not enough to simply cite that which you quoted. If you adapted an argument from some source, you should acknowledge your work’s provenance.
• You include a bibliography of all sources that you consulted. For citing a SC decision I want to see: Name of the case (in italics), year, and URL. Otherwise, you whatever citation method you are used to using; just make sure all the information is there.
• Your paper uses a 12 pt. font, is double-spaced, and is between 800 and 1200 words in length.
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