Legal Brief Summer Checklist: to BE COMPLETED by the 1ST DAY of CLASS

Legal Brief Summer Checklist: TO BE COMPLETED BY THE 1ST DAY OF CLASS

Each student must complete their own legal brief; the names are NOT reflective of partners. Each case will be covered twice by two individual students working independently of one another. If you have questions contact Mr. Carper.

Marbury v. Madison (1789) –

McCulloch v. Maryland (1819) –

Gibbons v. Ogden (1824) –

Barron v. Baltimore (1833) –

Gitlow v. New York (1925) –

Lemon v. Kurtzman (1971) –

Zelman v. Simmons-Harris (2002) –

Engel v. Vitale (1962) –

School District of Abington Township v. Schempp (1963) –

Near v. Minnesota (1931) –

Schenck v. United States (1919) –

Zurcher v. Stanford Daily (1978) –

Roth v. United States (1957) –

Miller v. California (1973) –

New York Times v. Sullivan (1964) –

Texas v. Johnson (1989) –

Miami Herold Publishing Company v. Tornillo (1974) –

Red Lion Broadcasting Company v. Federal Communications Commission (1969) – NAACP v. Alabama (1958) –

Mapp v. Ohio (1961) -

Miranda v. Arizona (1966) –

Gideon v. Wainwright (1963) –

Gregg v. Georgia (1976) –

McClasky v. Kemp (1987) –

Roe v. Wade (1973) –

Planned Parenthood v. Casey (1992) -

Scott v. Sandford (1857) -

Plessy v. Ferguson (1896) -

Brown v. Board of Education (1954) –

Hernandez v. Texas (1954)

Korematsu v. United States (1944) –

Reed v. Reed (1971) –

Craig v. Boren (1976) –

Regents of the University of California v. Bakke (1978) –

Adarand Constructors v. Pena (1995) –

United States v. Nixon (1974) – SEE SAMPLE FORMAT BELOW…YOU MUST FOLLOW THIS STYLE FOR EACH (4) Student Name Course Title Assignment

Citation: Brown v. Board of Education of Topeka Kansas, Appeal from the United States District Court of Kansas. 347 U.S. 483 (1954)

Issues: Is the creation of separate public schools for black and white students equal? Basically, does the principle of “separate but equal” apply to public education?

Facts: In the case known as “Brown I,” the plaintiffs of five different cases lumped under one title “Brown v. the Board of Education” pushed for desegregation in the public schools. Lead plaintiff Oliver Brown and thirteen other parents of black students contested that their children had to attend sub-quality all black schools when superior-maintained white schools were closer in proximity to their homes. Oliver Brown’s daughter, Linda Brown, wanted to enroll in the white only Summer School only a few blocks from their home, but was denied and Linda was forced to walk a mile through a railroad switchyard to catch the bus to the all black Monroe School. Pursuing this case challenged previous rulings of the Supreme Court which upheld “separate but equal.” Such cases as Plessy v. Ferguson. The area of Constitutionality that this case contended was the 14th Amendment’s guarantee of equal protection of the laws to all citizens. According to Brown and others, segregation was far from equal to all.

Holding of the Court: Unanimous 9-0 decision in favor of the plaintiffs. However, this case, “Brown I” would only rule that segregation in public schools was unconstitutional; it would take the case of “Brown II” to truly integrate desegregation in the public schools.

Rationale: With no dissenting opinion from the court, all 9 justices led by Chief Justice Earl Warren agreed with the plaintiff’s claim that all-black schools were inferior in quality to all-white schools. Therefore, black students were at a disadvantage to white students and furthermore slighted by the guarantees of the 14th Amendment. According to Warren and the court’s opinion, separate but equal is only constitutional when the facilities of blacks is of comparable quality to that of whites and results in the same educational outcome. However, in the cases under Brown, although the “tangible factors” including facilities, curriculum, teachers, etc. were comparable, the fact that separation was based on race deprived minorities of equal opportunities.

Resources: Hall, Kermit. (2006). The Pursuit of Justice: Supreme Court Decisions That Shaped America. New York: Oxford University Press. 121-133.

(2008) History of Brown v. Board of Education. Retrieved September 15, 2008 from http://public.findlaw.com/civil-rights/race-discrimination/brown-vs-boe-history(4).html SAMPLE SHORT-HAND BRIEF (remainder of cases for all students):

Case Name & Year: Brown v. Board of Education of Topeka Kansas, Appeal from the United States District Court of Kansas. 347 U.S. 483 (1954)

Constitutional Topic (article, amendment or civil right/liberty issue): 14th amendment Equal Protection

Issue before the court: i.e. “Free speech/press in regard to prior restraint”: segregation in public schools

Ruling of the court in favor of: 9-0 unanimous decision for Brown – separate but equal is unconstitutional