Business Law Brief

Below, I provide below citations to several court cases.  As to each I will help you by providing the issue I want you to focus on. While most cases will have side issues, I want you focused on the issue that prompts the case’s importance. For the case you select, respond to the points in the form (Facts, Issue, Ruling, Rationale) and then there will be a dissent to review. In other words, “brief” the main, majority opinion and then summarize the dissent and answer the question: “Considering the main opinion and the dissent, which do you find most persuasive and why?”
 
   The cases to select from and the issue on each:
 
Salinas v. Texas, 570 U.S. 178 (2013)(5 – 4 decision) :https://supreme.justia.com/cases/federal/us/570/178/#tab-opinion-1970706 (Links to an external site.)
          Issue: Where person answers questions asked by police regarding a crime, but then suddenly stops answering and remains silent to a particular question, can the silence be introduced at trial to show guilt, or would such reference violate the 5th Amendment prohibition of being a witness against oneself?
          After reading the majority opinion by Justice Alito, consider the dissent by Justice Breyer.
           Which opinion/argument do you find more persuasive? Why?
            (If you find the topic and case interesting, you might take a moment to read Fletcher v. Weir, 455 U.S. 603(1982)
 
Flowers v. Mississippi, 588 U.S. — (2019)(Docket 17-9527) (7-2 Decision):
           Issue:  Did the state court’s allowance of peremptory challenge against a prospective, black juror violate constitutional equal protection?
           After reading the majority opinion consider the dissent by Justice Thomas.
           Which opinion/argument do you find more persuasive? Why?
 
Herrerra v. Wyoming, 587 U.S. — (2019)(Docket 17-532)(5-4 Decision):
           Issue:  Did conviction of Crow Indian for hunting in Bighorn National Forest violate the Crow Tribe of Indians’1868 treaty with the U.S.?
           Consider the dissent by Justice Alito.
           Which opinion/argument do you find more persuasive? Why?
 
Gamble v. United States, 587 U.S. — (2019)(Docket 17-646) (7-2 Decision):
            Issue: Where a criminal defendant has been convicted in state court, does a subsequent prosecution for the same offense by the federal government violate the prohibition of “double jeopardy” as found in the Constitution?
            After briefing the majority opinion of Justice Alito, consider the dissent of either Justice Ginsburg or Justice Gorsuch.
           Which opinion/argument do you find more persuasive? Why?
 
American Legion, et al. v. American Humanist Association, 588 U.S. — (2019) (Docket 17-1717)(7-2 Decision) – Link: https://www.supremecourt.gov/opinions/18pdf/17-1717_4f14.pdf (Links to an external site.)
              Issue: Does the display and maintenance of a cross (or just of this cross?) on public land violate the constitutional “establishment of religion” clause?
              Justice Alito wrote the majority opinion and there were numerous concurring opinions. Just stay with the majority opinion of J. Alito for the initial brief. Then read and consider the dissent of J. Ginsburg.  
           Which opinion/argument do you find more persuasive? Why?
 
Rucho v. Common Cause, 588 U.S. — (2019)(5-4 Decision)—Link: https://www.oyez.org/cases/2018/18-422 (Links to an external site.)
              Issue: Where it is alleged that a state has drawn election district maps in a way to give political advantage to one, particular party, can the courts intervene to provide relief to voters whose power has been diluted or diminished by the redistricting? 
               C.J. Roberts wrote the majority opinion. The dissenting opinion was written by J. Kagan. 
               Which opinion do you find more persuasive and why? 
 
Bush v. Gore, 531 U.S. 98 (2000)
  https://supreme.justia.com/cases/federal/us/531/98/ (Links to an external site.) (Links to an external site.)
  In the 2000 election between Republican candidate George W. Bush and Democrat candidate Al Gore, Florida reported that Bush had won the state by 1,784 votes. (All of the state’s electors are assigned to the winning candidate.)
  The State supreme court allowed a recount to proceed, and the Bush campaign sought and obtained a hearing at the Supreme Court.
   Issues:  1. Does the Supreme Court have the power (jurisdiction) to halt an election being conducted in Florida; and,                2. Is there a legal/constitutional issue with the way Florida was conducting its recount of votes?
    Consider the Per Curium (majority) opinion and read the dissenting opinion of Justice Stevens. Provide a summary of the case and decide which opinion(s) you find most persuasive. Why do you favor the opinion you selected? Do you think the Supreme Court involving itself in the Florida vote count violates the federal system of government?
 
 
 
From the 1904 Term:
Jacobson v. Massachusetts , 197 U.S. 11 (1905)
                   Issue: Can a state under its inherent police powers constitutionally subject a person to criminal liability if he refuses an inoculation mandated to protect against an infectious disease?
                   After answering the issue statement with the rationale expressed in the majority opinion, consider the dissent by Justices Brewer and Peckam. Do you find the majority or the dissent more persuasive? Whichever opinion was persuasive to you, explain why.