Paper #2 Topic

Write a well-argued, 3-5 page paper on one of the following questions:

Some have argued that the basic result in Brown v. Board of Education was correct, but the reasoning that the Court used to reach the result was flawed. Consider in particular Justice Thomas’s critique of Brown in his concurring opinion in Missouri v. Jenkins, BLBA 790-93. Do you find such arguments persuasive? Why or why not?

Some have argued that the court’s attempt to distinguish between economic rights and noneconomic rights is basically flawed, and that if the Supreme Court is going to give heightened protection to rights such as speech, religion, and privacy, then it should also give heightened protection to economic rights as well. Do you find this argument persuasive? In order to answer this question, evaluate the arguments that the Court has advanced for approaching economic regulation using “rational basis” scrutiny. Do you find the Court’s arguments persuasive? Why or why not?

Your paper should be typed, double-spaced, with normal margins and a 12-point font. In both papers, make sure that you attempt to answer objections to your particular argument. The paper is due in class on Monday, 11/24.