Learning Goal: I’m working on a law writing question and need a sample draft to help me learn.
After listening to the oral argument in Mahanoy and reading the decision, concurrence and dissent, submit an analysis which identifies which approach you think makes the most sense in balancing the key interests involved. (You can also suggest an approach different from that of any of the opinions.) 900-1200 words.
Access the following website for the next two items:
Listen to Supreme Court argument regarding Mahanoy v. BL (4/28/21)
Read the Breyer opinion for the Court as well as the Alito concurrence and Thomas dissent in Mahanoy v. BL
This criterion is linked to a Learning OutcomeHow well does the student relate the issues in the case to broader theoretical and doctrinal approaches that have been discussed in the course; how well does the paper show depth of understanding of key concepts and a facility in relating them to each other and using them to advocate effectively for a particular position
5 to >4.0 pts
Exceptional
4 to >2.0 pts
Proficient
2 to >1.0 pts
Low-Proficient
1 to >0 pts
Non-Performance
5 pts
This criterion is linked to a Learning OutcomeHow well does the paper show an understanding of strengths and weaknesses of its arguments (through a clear presentation of pros and cons as well as counters to counterarguments)
5 to >4.0 pts
Exceptional
4 to >2.0 pts
Proficient
2 to >1.0 pts
Low-Proficient
1 to >0 pts
Non-Performance
5 pts
This criterion is linked to a Learning OutcomeDoes the student do a good job in explaining his/her position in legal rather than policy terms; does the paper show a growing comfort with the types of arguments made in a constitutional content
5 to >4.0 pts
Exceptional
4 to >2.0 pts
Proficient
2 to >1.0 pts
Low-Proficient
1 to >0 pts
Non-Performance
5 pts
This criterion is linked to a Learning OutcomeIs the paper clearly written, concise and well-organized; does the paper show creativity in considering the issues involved
5 to >4.0 pts
Exceptional
4 to >2.0 pts
Proficient
2 to >1.0 pts
Low-Proficient
1 to >0 pts
Non-Performance
5 pts
