Supreme Court Cases Annotated Bibliography
- Marbury v Madison
Tuomala, Jeffrey C., “Marbury v. Madison and the Foundation of Law” (2010). Faculty
Publications and Presentations. Paper 36.
Tuomala, in this article looks at the jurisprudence of the Declaration of Independence, with respect to Marbury v Madison. It gives a background of the case in light with issue of jurisdiction and the power vested on the constitution of the United States against other statutory acts.
This article is important, especially for law student since it gives a conclusion of the difference between the will and right. Most importantly, it concludes with an explanation and importance of the Declaration of Independence, especially in giving the right to form sovereignty through governance.
Saikrishna B. Prakash and John C. Yoo. The Origins of Judicial Review. The University of
Chicago Law Review Vol. 70, No. 3 (summer, 2003), pp. 887-982.
Saikrishna and Yoo’s article looks into a number of cases that have been handled in light of the Marbury v Madison. Most of these cases have involved declaring most of federal statutes unconstitutional by the Rehnquist Courts.
This article gives a critical review of certain cases that have been handled many years after Marbury v Madison. It gives clear opinions on how to balance between the sovereignty of states and the powers vested on the federal authority.
- Brown v. Board of Education
Bell Jr, D. A. Brown v. Board of Education and the interest-convergence dilemma. Harvard Law Review, 518-533 (1980).
This article examines the case presented to the Supreme Court in which the Court made a declaration that state laws establishing separate schools for white and black students to be unconstitutional. The decision by the Court overturned the previous decision of Plessy v. Ferguson of 1896 which allowed segregation which already existed in public schools.
According to this article, it was prudent for the Court to reverse the earlier decision as it promoted racial discrimination. The article shows a major victory for many Civil Rights Movements as they advocated for a free society where people should interact freely without any form of discrimination.
Michael Heise, Brown v. Board of Education, Footnote 11, and Multidisciplinary, 90 Cornell
- Rev. 279 (2005).
Michael reviews the outcome of Brown v. Board of Education in order to find out whether public schools have been incorporated in the ruling. The article faults lack of adequate incorporation of public schools in a case that continues to influence the management related cases.
This article is important into finding faults at the major decisions made by courts that continue to set precedence today. It brings a perspective of imperfection even in courts. The article finds this fault in light with the need to offer equality in the education system.
- Miranda v. Arizona
Roscoe C. Howard Jr. and Lisa A. Rich, A History of Miranda and Why It Remains Vital Today,
40 Val. U. L. Rev. 685 (2006). Available at: http://scholar.valpo.edu/vulr/vol40/iss3/6
Roscoe and Lisa take a look at the Miranda v. Arizona, a case that involved arrest, interrogation, trial and sentencing of Miranda after a rape case. They produce a clear review of the state of the world before the Miranda case, and the state after the case. In this analysis, Miranda simply gave information without coercion, with full knowledge of the consequences.
This review is important because it explains the implications of the Miranda v. Arizona to the current American criminal Justice system, especially when it comes to the accommodative forms. It explains the balance between the accommodative forms and the rights of a suspect.
Lederer, Fredric I., “Miranda v. Arizona: The Law Today” (1977). Faculty Publications. Paper
This article digs deep into the duty of a police officer to remain silence or anything that is said can be used against the suspect. He brings out other arguments by other parties of the case like American Civil Liberties Union and Chief Justice. However, the article also looks at the objections of the Miranda case by quoting some people like Mr. Justice Harlan who advocated for some form of coercion in interrogations.
Lederer’s article is a great one as it takes an in-depth of Miranda by not only making a review of the case but also by also looking at the effects of the case, both to the accused and the interrogation authorities.
- Roe v. Wade
Ginsburg, R. B. (1984). Some thoughts on autonomy and equality in relation to Roe v. Wade. NCL Rev., 63, 375.
Ginsburg, in his article, examines the contents of a Supreme Court case, Roe v. Wade. Ginsburg explains that before the Roe v. Wade in the Supreme Court, abortion was considered illegal in the United States except when the life of the mother was deemed to be in danger. According to the article, Roe v. Wade (1973) ruled unconstitutional a state law that banned abortions. The ruling met opposition from various quarters. Ginsburg asserts that the decision is bound to face opposition even in the days to come. However, the decision by the Supreme Court remains to be the recognized one.
This is an important article because Ginsburg explains that most people argue that everyone has a right to live and life begins at conception. In their efforts to convince the government to consider abortion illegal unless the mother’s life is in danger, the government still considers abortion to be legal.
Ely, J. H. (1973). The Wages of Crying Wolf: A Comment on Roe v. Wade. The Yale Law Journal, 82(5), 920-949.
The article analyses the progress made since Roe v. Wade ruling was made. Ely explains that the debate on whether abortion should be considered legal or illegal is likely to continue for several years to come. He argues that the ruling triggered national debate that is likely to continue about issues whether abortion should be legal or not and who should be charged with the responsibility to ascertain the legality of the abortion.
Arguably, in most instances, the lives of expectant mothers are at risk that just calls for an abortion. The only challenge being experienced is the measures put in place to establish whether the mother’s life is genuinely in danger or not.
- United Sates v. Nixon
Raoul Berger, Executive Privilege in Light of United States v. Nixon, 9 Loy. L.A. L. Rev. 20
(1975).
Raouf’s article examines the ruling on Texas v. Johnson case where Johnson was the accused. According to the article, Johnson participated in a political demonstration that was against the policies of the Reagan administration. Johnson was among the protestors who destroyed properties in the streets and went to the extent of burning an American flag. Johnson was convicted of flag desecration.
Alstyne, William Van, A Political and Constitutional Review of United States v. Nixon, UCLA
Law Review, vol 22 (1974).
This article reviews the outcome of United States v. Nixon, taking a look the implications of some of the independent decisions made by the president. It tries to answer the question of who is superior in controlling representation when it comes to executive interests in courts.
- Texas v. Johnson
Patricia, Lofton. Texas v. Johnson: The Constitutional Protection of Flag Desecration, 17 Pepp.
- Rev. 3 (1990).
This article examines the ruling on Texas v. Johnson case where Johnson was the accused. According to the article, Johnson participated in a political demonstration that was against the policies of the Reagan administration. Johnson was among the protestors who destroyed properties in the streets and went to the extent of burning an American flag. Johnson was convicted of flag desecration.
The article is important because it looks at the different perspectives of the two perspectives on the use of the flag and its authority. It argues on different aspects of desecrating a flat and its symbolism.
Eric Alan Isaacson, The Flag Burning Issue: A Legal Analysis and Comment, 23 Loy. L.A. L.
Rev. 535 (1990).
Eric Alan makes an analysis of Texas v. Johnson by looking at the supreme court case law on desecrating the flag. This article goes further to look at the amendment of flag desecration in order to find out its effect, something that does not come out clearly in the conclusion. It also analyzes the president’s intention to amend the constitution in order to come up with certain restrictions on the matter.
The article is significant in the making a review of the case in light with the constitutional right of the American people. The ruling in the case does not give much effect in terms of prosecution but affirms freedom and tolerance are signs of strength rather than weakness.
- Kennedy v. Louisiana
Sarah Frances Cable, An Unanswered Question in Kennedy v. Louisiana: How Should the
Supreme Court Determine the Constitutionality of the Death Penalty for Espionage? 70 La. L. Rev. (2010).
This article takes a review of a case where Kennedy was sentenced to death for brutally raping an underage child. The article indicates that Kennedy tried to challenge the constitutionality of the sentence but the Supreme Court rejected the challenge. The article further explains that the Supreme Court later in the year 2008 reexamined the penalty to be imposed on rape suspects where the crime did not result in the death of the victim.
Sarah’s article is important as it looks into death sentence and relevant cases that set precedence on the same. For instance, the paper makes a comparison of rape to murder in order to support death sentence.
Heidi M. Hurd, Death to Rapists: A Comment on Kennedy v. Louisiana, Ohio state journal of
Criminal law vol. 6:351 (2008).
Heidi’s review journal makes an in-depth analysis of the Kennedy v. Louisiana on death sentence and child rape victims. The paper goes further to look at the need to balance between corrective justice and death sentence.
This article gives a strong opinion on offences like Kennedy’s in order to give a different perspective on the cases.
References
Alstyne, William Van, A Political and Constitutional Review of United States v. Nixon, UCLA
Law Review, vol 22 (1974).
Bell Jr, D. A. Brown v. Board of Education and the interest-convergence dilemma. Harvard Law Review, 518-533 (1980).
Ely, J. H. (1973). The Wages of Crying Wolf: A Comment on Roe v. Wade. The Yale Law Journal, 82(5), 920-949.
Eric Alan Isaacson, The Flag Burning Issue: A Legal Analysis and Comment, 23 Loy. L.A. L.
Rev. 535 (1990).
Ginsburg, R. B. (1984). Some thoughts on autonomy and equality in relation to Roe v. Wade. NCL Rev., 63, 375.
Heidi M. Hurd, Death to Rapists: A Comment on Kennedy v. Louisiana, Ohio state journal of
Criminal law vol. 6:351 (2008).
Lederer, Fredric I., “Miranda v. Arizona: The Law Today” (1977). Faculty Publications. Paper
Michael Heise, Brown v. Board of Education, Footnote 11, and Multidisciplinary, 90 Cornell
- Rev. 279 (2005).
Tuomala, Jeffrey C., “Marbury v. Madison and the Foundation of Law” (2010). Faculty
Publications and Presentations. Paper 36.
Patricia, Lofton. Texas v. Johnson: The Constitutional Protection of Flag Desecration, 17 Pepp.
- Rev. 3 (1990).
Raoul Berger, Executive Privilege in Light of United States v. Nixon, 9 Loy. L.A. L. Rev. 20
(1975).
Saikrishna B. Prakash and John C. Yoo. The Origins of Judicial Review. The University of
Chicago Law Review Vol. 70, No. 3 (summer, 2003), pp. 887-982.
Sarah Frances Cable, An Unanswered Question in Kennedy v. Louisiana: How Should the
Supreme Court Determine the Constitutionality of the Death Penalty for Espionage? 70 La. L. Rev. (2010).