International Law and Justice Quiz
30 Questions
0 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What defines a just law according to the content?

  • A code enforced by the government.
  • A law that is popular among citizens.
  • A law that is accepted by the majority.
  • A man-made code that aligns with moral law. (correct)

    • What is the main characteristic of an unjust law?

  • It is applied uniformly to all citizens.
  • It promotes equality before the law.
  • It is enacted by a majority for their own benefit. (correct)
  • It penalizes actions that are morally acceptable.

    • According to the content, how do segregation laws affect human personality?

  • They enhance the sense of community.
  • They promote equality and justice.
  • They degrade human personality. (correct)
  • They have no significant effect.

    • What example illustrates difference made legal?

    <p>A majority's law that does not apply to itself.</p> Signup and view all the answers

    What does 'sameness made legal' refer to?

    <p>A law that everyone is compelled to follow, including the majority.</p> Signup and view all the answers

    What role did the United States take in the post-1945 international order?

    <p>Led the efforts in rebuilding Europe through the Marshall Plan</p> Signup and view all the answers

    Which of the following institutions was NOT mentioned as part of the post-WWII international order?

    <p>World Trade Organization</p> Signup and view all the answers

    What was Robert H. Jackson's role in the International Military Tribunal (IMT)?

    <p>Prosecutor representing the United States</p> Signup and view all the answers

    What challenge did Jackson face regarding the perception of the IMT?

    <p>Maintaining that it was not a show trial while ensuring legal validity</p> Signup and view all the answers

    According to Jackson's remarks, why is the trial significant?

    <p>It exemplifies how powerful nations can submit to the law over vengeance.</p> Signup and view all the answers

    What is the primary focus of prosecution in international trials according to the content?

    <p>Public actions primarily</p> Signup and view all the answers

    What was a key tension present in Jackson’s speech at the IMT?

    <p>Balancing the concept of victor’s justice with the legal rights of the accused</p> Signup and view all the answers

    What does procedural fairness guarantee in legal proceedings?

    <p>Equality before the law and fair trials</p> Signup and view all the answers

    What central responsibility did Jackson assert when opening the tribunal?

    <p>To condemn and punish calculated wrongs against civilization</p> Signup and view all the answers

    Which legal principle was violated by the IMT Tribunal as mentioned in the content?

    <p>Principle of retroactivity</p> Signup and view all the answers

    What was an outcome of the aggressive wars after World War I?

    <p>Renunciation of aggressive war by the world</p> Signup and view all the answers

    Which system of law includes countries like the UK, Canada, and the US?

    <p>Common Law System</p> Signup and view all the answers

    What does the content suggest about the tribunal's approach to legalistic theories?

    <p>It is experimental and not guided primarily by legal theories</p> Signup and view all the answers

    How does the content describe the relationship between international law and states?

    <p>States make commitments to one another through international law</p> Signup and view all the answers

    What is one major challenge mentioned regarding the efforts of the tribunal?

    <p>It had to cover complex developments across multiple nations</p> Signup and view all the answers

    What aspect of justice is procedural fairness primarily concerned with?

    <p>The integrity of legal proceedings</p> Signup and view all the answers

    What was the Supreme Court's ruling in Sweatt v. Painter (1950)?

    <p>Racial segregation in higher education was unconstitutional.</p> Signup and view all the answers

    What did the Court determine about the 'separate but equal' doctrine in Sweatt v. Painter?

    <p>It was deemed unacceptable when scrutinized.</p> Signup and view all the answers

    What was the primary argument presented by Heman Sweatt in his case?

    <p>The separate facilities offered to him were not equal in quality.</p> Signup and view all the answers

    Which statement reflects the Supreme Court's view on segregation in Brown v. Board of Education (1954)?

    <p>Segregation conveys a sense of inferiority to African Americans.</p> Signup and view all the answers

    What significant legal precedent was effectively overruled by Brown v. Board of Education?

    <p>Plessy v. Ferguson.</p> Signup and view all the answers

    What was the primary limitation of the Court's decision in Brown v. Board of Education?

    <p>It did not provide a clear remedy for enforcing desegregation.</p> Signup and view all the answers

    What aspect does Hutchinson argue is necessary for a case like Brown to be considered great?

    <p>Widespread public acceptance and sustainability.</p> Signup and view all the answers

    What was one of the key outcomes following the Sweatt v. Painter case in terms of legal education?

    <p>Mentoring and faculty reputation became crucial factors.</p> Signup and view all the answers

    What crucial role did the NAACP play in the Brown v. Board of Education case?

    <p>They sponsored the case of Linda Brown.</p> Signup and view all the answers

    Study Notes

    Arts & Humanities Emphasis

    • The emphasis is on Arts and Humanities
    • Fine art is not a focus

    Liberal Arts

    • Includes English Literature, History, Philosophy, Politics, and Religious Studies

    Humanities

    • Focuses on Great Books
    • These books are considered permanent because they address perennial questions
    • Shakespeare is a good example because he describes various important aspects of human experience better than anyone else

    Antigone

    • A play by Sophocles
    • Set in Thebes
    • Features themes of family, loyalty, authority, and obligation
    • The play shows conflict in political life on multiple levels.

    Sophocles

    • A celebrated Greek playwright and philosopher known for his enduring Greek tragedies
    • Antigone is one of his final and best-known works

    Tragedies

    • Sophocles' plays, such as Oedipus Rex and Oedipus at Colonus
    • These plays are focused in Thebes
    • Characters try to do the right thing, but with tragic results
    • The plays reveal the nature of political life
    • These are dramatic, but not necessarily a drama of actual life

    Outline of Play

    • Antigone, Oedipus' daughter, buries her brother Polynices, in defiance of King Creon's orders
    • Creon orders Antigone to be buried alive for her disobedience
    • Before Antigone is buried alive, she kills herself
    • Haemon, Creon's son, commits suicide in protest against his father
    • Creon's wife commits suicide when she learns about her son's death

    Antigone and Justice

    • The play explores themes of family, loyalty, authority, and obligation.
    • It demonstrates conflict in political life on different levels, such as between the household, men and women, and nature and convention.
    • Creon and Antigone frequently cite conflicting laws and principles.

    Course Information

    • The course is JLS*1000(01): Introduction to Justice and Law
    • The instructor is Prof. Mark Harding from the University of Guelph

    Today's Topics, Assignments, and Seminar

    • Topics include Antigone, key passages, themes, and the presentation on Protest vs Obedience to the law
    • A seminar on Protest vs. obedience to the law will follow

    Opening of the Play

    • Antigone approaches her sister, Ismene, about burying their brother, Polynices
    • Creon issued a decree forbidding the burial of Polynices
    • Antigone argues against this decree in the name of family ties and ancestral law
    • Ismene advises against violating the decree of the land

    Creon's Decree

    • Creon issued a decree against burying his brother
    • He says that citizens who follow the state's rules will be rewarded
    • He says those who break the state's rules will be punished

    Quotes in the Play

    • Antigone famously says, "Our own brothers' burial," while explaining her decision to bury Polynices
    • Creon says, "Show me the man who rules his household well...I'll show you someone fit to rule the state."
    • Antigone famously says, "I will bury him myself." and"And even if I die in the act, that death will be a glory."
    • Ismene answers, "But defy the city? I have no strength for that."

    Consequences of Creon's Actions

    • Creon's son, Haemon, tries to convince his father to reconsider his decision, but fails
    • Ultimately, Haemon takes his own life in protest
    • Creon's wife commits suicide, devastated by the death of their son
    • Tiresias, the blind prophet, warns Creon that the gods are angry

    Tiresias's Prophecy

    • Tiresias warns Creon that the gods are upset with the city due to Creon's decree and the punishment against Antigone
    • The prophecy warns of a plague on Thebes
    • Tiresias says that "Antigone kills herself"

    Tragic Conclusion

    • Creon orders Polynices buried too late, but it does not change the tragic outcome
    • Haemon and Creon's wife both kill themselves
    • Antigone commits suicide

    Themes and Significance

    • The play explores competing moralities—Creon's emphasis on state and politics of friendship versus Antigone's morality focused on family and honoring the gods
    • This plays out in the context of tragedy
    • There are contemporary applications as well

    Not Good and Evil

    • One mistake is to simplify the play to good vs. evil
    • It encompasses a larger sense of a conflict related to different sets of social morality.

    Creon's Morality

    • Creon represents a strong public legal authority
    • He emphasizes the needs of society and maintaining order

    Antigone's Morality

    • Antigone prioritizes family loyalty and the respect of divine law
    • She sees her actions as stemming from a larger moral order that transcends the laws of the state

    Theories of Law (Topic 1)

    • Legal Positivism: "law is what the government says it is"
    • Natural Law: "Law must be morally permissible"

    Clash of Perspectives

    • Creon prioritizes state and loyalty, while Antigone prioritizes family and divine law
    • Creon's rational perspective struggles to grasp Antigone's appeal to higher considerations

    Tragic Ending

    • Creon eventually acknowledges the mistake in his judgment.
    • However, this occurs too late to prevent the tragic deaths of Haemon, Antigone, and his wife.
    • This illustrates a significant concept in the play.

    Contemporary Applicability

    • The Canadian Charter of Rights and Freedoms protects various fundamental rights.

    Seminar Reading: Modern Day Antigone

    • The case concerns a Green Party deputy leader who was sentenced to jail in 2021 for protests over old-growth logging.
    • She argued that her actions were consistent with natural law and her beliefs

    Next Week

    • Read Martin Luther King,'s "Letter from Birmingham Jail"
    • Complete assigned quiz next Friday

    Housekeeping

    • Quiz #3 will open on Wednesday
    • The great case summary assignment is due on November 7th
    • The instructor will hold office hours with seminar leaders

    This Week

    • Reading of MLK's Letter from Birmingham Jail
    • Comparison with Antigone themes will be explored
    • Justifying civil disobedience will be a topic of discussion

    Course Schedule

    • JLS Majors will focus on one area of emphasis
    • Emphasis areas include: Canadian Politics and Governance, Business and Management, Arts and Humanities, Global Relations and Governance, Gender and Sexuality

    Natural Law

    • To be valid, a law must be morally permissible
    • St. Augustine and Martin Luther King believed unjust laws are not laws at all

    Context: Civil Rights in US

    • Slavery, Civil War, Emancipation (13th Amendment ending slavery)
    • Reconstruction, Jim Crow segregation, and the Civil Rights Movement.

    Rev. Martin Luther King

    • A civil rights leader (born in 1929, died 1968)
    • King engaged in non-violent protests against injustice
    • He was arrested in Birmingham and wrote a famous letter while in prison

    MLK (Washington, 1963)

    • MLK delivered a speech in Washington, D.C.

    Letter from Birmingham Jail

    • A letter written by Martin Luther King Jr.
    • This is not a play, but a letter to religious leaders
    • It is a public letter to allies and supporters
    • It is a defense of civil disobedience

    Letter's Themes

    • King appeals to Christianity, patriotism, and universalism
    • Shares a sense of justice that US should follow its principles
    • Discusses the necessity for civil disobedience
    • Explains natural law arguments

    Why We Are Here in Birmingham

    • Religious leaders criticize King's protests
    • King argues that he is an insider; focused on the injustice of segregation then present in Birmingham

    Why Protest? What Alternative?

    • Addresses why protests about segregation were taking place
    • Protests were taken after negotiation, self-purification, and direct action attempts
    • Birmingham was noted for the most brutal and widespread segregation

    For Wednesday

    • Complete reading of MLK's "Letter from Birmingham Jail"
    • Begin the assigned assignment.

    JLS and Law

    • The course title is Introduction to Justice and Law.
    • The instructor's name is Prof. Mark Harding from the University of Guelph

    Letter's Themes (Last Class)

    • Themes covered concerning King's letter.
    • King appeals to Christianity, patriotism, and universalism
    • Shared sense of justice
    • US living by principles
    • Discussing the need for civil disobedience
    • Applying natural law arguments

    Justice and Time

    • Explaining why King's protests were important.
    • Importance of fighting for rights that won't be granted
    • Describing justice too long delayed as a form of injustice
    • Linking abstract right to civil rights and dignity.
    • Describing sentiments and emotions concerning inequalities.

    Civil Disobedience: Defining (1)

    • Discusses the importance of just and unjust laws, and how to differentiate between the two

    Theories of Law (Topic 1)

    • Natural Law theory, defined
    • Where morality comes from

    Civil Disobedience: Method (2)

    • Defining the difference in just and unjust laws using St. Thomas Aquinas' concept of natural law

    Segregation Laws and the Rule of Law

    • An example of just and unjust laws.
    • How a unjust law comes into effect by a majority for a minority, thus making them legal in the eyes of the majority
    • Examples given including voting districts and marching without a permit

    MLK - Extreme Moderate?

    • Explains how MLK is a moderate in an extremist situation
    • MLK is not a nationalist, but willing to be characterized as an extremist for the preservation of injustice

    America and Living Up to its Own Ideals

    • The US's ideal of freedom is rooted in its history
    • The US's struggle with achieving its ideals.

    US Declaration of Independence

    • Declares fundamental truths.

    Canadian Charter (Last Week)

    • Guarantees of rights and freedoms in Canada

    Our Souls and Living Well

    • Explanation of how the South will acknowledge its heroes
    • Significance of a seventy-two year-old woman's story and her advocacy concerning segregation

    Antigone: Living by Principle

    • Explains the importance of principles through Antigone's actions
    • Antigone's famous statement that she prefers to follow a higher moral order

    Conclusion

    • Explains when King's statements are understated and overstated
    • This is an acknowledgement of certain difficulties the writer has

    JLS and Law

    • Introduction to Justice and Law
    • Mark Harding as the professor
    • University of Guelph is the location

    JLS - Political Science

    • International relations between states
    • Comparison of states beyond borders, and social/political differences.
    • Role of courts in two constitutional democracies

    No Laws in a Vacuum

    • Law is only possible with authority
    • States are characterized by a population, territory, and sovereignty
    • Politics needs to be considered before law

    International Law

    • How states relate to one another
    • Importance of treaties
    • Importance of dispute resolutions

    End of World War II

    • Importance of the war and its result
    • Europe was extensively destroyed
    • High death toll
    • Numerous atrocities committed
    • There was a need to reform international systems

    Why Now?

    • Lessons from WWI
    • Treaty of Versailles was harsh on Germany leading to more conflict
    • US isolationism led to inaction
    • Europe was responsible for its own affairs

    After WWII

    • The United States took on an important role in the international order after WWII
    • The Marshall Plan was created
    • International Institutions helped to facilitate peace and cooperation.

    International Military Tribunal

    • A video on this topic is included as part of the lesson

    Robert H. Jackson (1892-1954)

    • American lawyer
    • He served as US Solicitor General, Attorney General
    • He served in the US Supreme Court
    • He took a leave from Supreme Court to participate in the IMT

    Jackson's Remarks at IMT

    • The speech has great political and legal tensions.
    • Allies are good and Nazis are bad
    • Optics: West does not show trials
    • Legality: The IMT and charges created during the conflict

    Jackson's Opening Remarks

    • The importance of the privilege of opening the first trial in history
    • How egregious these crimes were
    • The necessity of justice and reason

    Seminar: Putin guilty of war of aggression in Ukraine

    • Are there sufficient barriers to prosecute President Putin for war crimes?
    • This topic is based on concepts learned earlier in the unit.

    Jackson's Remarks at IMT (Monday)

    • Detailed discussion of Jackson's remarks concerning the IMT.
    • Discusses the legal and political tensions in the remarks
    • Covers optics, legality, and related issues

    Jackson's Remarks at IMT

    • Discussion on the practical and philosophical aspects (criminal trials, defense of international law)
    • Addressing the goals of IMT, international law, and constraints of circumstances

    1. Goals (1)

    • Use Nazi records and evidence for the case.
    • Discusses the intent behind certain actions
    • Differences in Positivism and Natural Law

    1. Goals (2)

    • Discusses the practical goals, and the leadership distinction between German people and Nazi leadership
    • Critiques the criminal actions of German and Nazi leadership and the resulting violation of human dignity and rights from the German people.

    2. International Law (1)

    • Defines indictments concerning: Plotting war, war of aggression, war crimes, crimes against humanity
    • Codified by Allied powers at London Conference during 1945

    2. International Law (2)

    • Explains the International Trial as necessary, providing reasons
    • Explains how German Constitution leads to compliance with International law

    3. Constraints & Limitations (1)

    • Explains how the Unique situation regarding individuals committing crimes as opposed to states
    • The topic of war crimes and aggression, its status as new types of crimes, its creation, the IMT's retroactivity principle, and the importance of the Tribunal being formed after the fact

    Procedural Fairness

    • Describes concerns with the integrity of legal proceedings
    • This discusses the topic of fair trials without bias

    3. Constraints & Limitations (2)

    • Discusses the difficulties with the IMT, given the unique situation of individuals committing crimes as opposed to states, and how the war crimes and aggression are new crimes.
    • Discusses the retroactivity principle.

    3. Systems of Law

    • Discusses the differences between Common Law (UK, Canada, US) and Civil Law (Continental Europe, Asia, and Scotland)

    Discussion Questions

    • Critiques of Jackson's work balancing IMT goals and limitations
    • Discusses which forms of justice are most fitting for evaluating IMT

    IMT's Legacy

    • Importance of the legacy, and its aspects concerning the prosecution of war crimes, such as those made in the former-Yugoslavia, as well as Rwanda., and the creation of the International Criminal Court in 2002

    JLS and Law

    • Introduces JLS*1000(01), Introduction to Justice and Law and its instructor, Prof. Mark Harding from the University of Guelph

    JLS - Political Science (Topic 8)

    • Introduces international relations, and comparative politics focused on countries and social/political issues in different countries

    Canadian Political System

    • Displays all components of the Canadian government as a diagram/graphic

    American Political System

    • Presents the American government in a graphic/diagram

    United States Supreme Court

    • Explains that the Court is made up of nine judges, and characteristics such as lifetime appointment, Judicial review.

    Levels of Law

    • Illustrates the relationship between Constitutional, Statutory and Common laws.

    M v H [1999]

    • Information on the case
    • Facts, Legal Issues, Equality Rights, SCC Decision, Why M v H Matters, Law and Social Change
    • How the Act defines marriage and spouse
    • Explains that the FLA defines marriage and the meaning of spouse

    Equality Rights (M v H Case)

    • Explains characteristics of Section 15 (1) of the Charter
    • Explains how the Section applies to individuals and their equality before the law
    • Summary of the case
    • Information on the aspect of sexual orientation

    Section 15(1) of the Charter

    • Provides details about the protection of equality under the law.
    • Outlines how the section of the Charter applies to certain aspects of discrimination

    Constitutional Policymaking

    • Describes how policymaking at the constitutional level increases and how it's expanded

    Expanding Constitutional Law

    • Explains how adding the Canadian Charter of Rights in 1982 led to expansion of law

    Constitutional Law

    • Supreme law of the land, rules of the game, relationship between citizens and the state
    • Canadian Charter of Rights and Freedoms.
    • Power division between federal and provincial governments.
    • Unwritten components

    Most Prominent Policymaking

    • Illustrates where the prominent policymaking is located within the levels of law (statutes, common, constitutional)

    M v H [1999] - Questions

    • Explains the facts of the case
    • Expands on the questions asked in regard to the case.

    M v H : Facts of the Case (Follow-up)

    • Describes the facts to better understand the case
    • Same-sex couple living together for several years
    • Disputes arising in 1992
    • Explains the legal issues within the case
    • Defines marriage, and spouse through the Family Law Act
    • Specifies when s. 1 (1) and 29 are applicable, and meaning of spouse

    Equality Rights: Section 15(1)

    • Explains sections regarding equality rights in the law

    Reasoning in M v H (side with M)

    • Critiques of the position on the side of M in the case

    Majority's Reasoning in M v H

    • Explains the majority's legal views on human dignity, same-sex couples, promoting view on less worthy of recognition, defying logic, gender and sexual orientation

    Why M v H Matters

    • Explains the aftermath of the case
    • Effect of the amendments to statutes to recognize same-sex partners
    • The legislative changes toward common-law partners
    • The vulnerabilities seen with opposite-sex marriage
    • Importance of the case for same-sex marriage
    • Analogous examples of the case

    Law and Social Change

    • Explaining how one individual litigant can use the Charter to trump a statue
    • How a decision by the SCC changes the law for all persons

    For Wednesday

    • Detail on R v Oakes [1986], how Canadian courts determine when a right is infringed
    • Detail on the discussion of the extreme intoxication defence, and gender

    Today's lecture

    • Discusses the topics for the day in terms of rights protection, how the Charter has changed how rights are protected, and how Canadian courts determine if rights have been infringed

    Gender, Sexuality and the Law (Monday)

    • Discusses feminist and LGBT activism using the law to facilitate social change
    • Explains how law affects women as a group differently than men
    • Demonstrates how law is used as a tool for egalitarian social change

    Discussion Question

    • Explains discussion concerning why extreme intoxication defense may apply to gender

    Canadian Rights Protection

    • Canadians' right to rights in 1982 due to the Charter.

    Constitutional Law (Topic 1)

    • Explains Constitutional law as the supreme law, and the stipulations and rules.
    • Discusses the relationships between citizens and the state
    • Expands the description of Canadian Charter

    Rights Cannot be Absolute

    • Explains that the Canadian Charter does not allow for absolute rights.

    Which Rights?

    • Explains the core versus peripheral rights
    • Explains what is considered a rights violation by the government.
    • Explains the aspects related to hate speech, and Section 12 protections against cruel and unusual punishment.
    • Discusses solitary confinement.

    With the Charter - Courts Often Define Rights (Section 8)

    • Discusses the right against unreasonable search and seizure.

    Section 1: Guarantees & Constraints

    • Summary of the Section 1 of Canadian Charter.

    Reasoning in M v H (Last Class)

    • Details from last class providing a summary of the Case

    Defining “Reasonable Limits”

    • Definitions related to the "reasonable limits" concept

    Defining “Reasonable Limits” (Pressing and Substantial)

    • Explanation on the Government's objective for limiting the Charter protected right.

    Defining “Reasonable Limits” (Proportionality Test)

    • The three parts of a proportionality test
    • Explain the rational connection to the Parliament's objectives.

    Defining a "Reasonable Limit" (Minimal Impairment)

    • Explains if legislative measures can minimally impair Charter-protected rights

    Defining a "Reasonable Limit" (Cost-Benefit Analysis)

    • Explains how legislation benefits outweigh the seriousness of the infringement in the cost-benefit analysis

    Section 1 Analysis: M v H

    • Describes how the first stage of the justification test under s. 1 asks if the given legislation fits within a pressing and substantial objective

    Section 1 Analysis: M v H

    • Explains how the legislative exclusion pertaining to same-sex couples to s.29 of the FLA is rationally connected to dual objectives including resolving economic disputes, reducing burden on the public purse.
    • Explains how the legislation fails to minimally impair the rights of same-sex couples regarding economic dependency

    Discussion Question

    • Explains what impression is had in regard to the Oakes Test related to rights in Charter cases

    Conclusion

    • Summarizes democratic societies' need for a mechanism to limit rights, the upper hand courts have after 1982, and how important the Oakes test is for reviewing rights.

    Next Week

    • Details on next week's assignment, or quiz.

    Why Abortion is Politically Divisive

    • Explains the issue of abortion and why it is sensitive politically.

    Roe v Wade as a "Great Case"

    • Discusses why Roe v Wade is important
    • Explores the dynamics of common law decision making
    • Explores how the law itself is a product of society
    • Details on how effective law is in ruling society

    Most Prominent Policymaking (Topic 10)

    • Shows which level of court handles the most important policymaking

    Background: Roe v Wade

    • Explains the background of Roe v Wade, including the facts of the case
    • Details on who was involved

    Roe v Wade [1973] - Questions

    • Explains the facts of the case
    • Expands on the legal questions concerning the case

    Facts: Roe v Wade 7-2

    • Explains the facts of the case
    • States which law restricted abortion unless the mother's life was at risk
    • Explains the challenge to the 1879 state law prohibiting contraceptives.
    • Describes what constitutional rule was violated
    • Explores how the Bill of Rights created a zone of privacy

    Constitutional Policymaking (Topic 10)

    • Explains how judicial policymakers increase at constitutional law levels and expands to include sources beyond constitutional law

    Constitutional Law (Topic 1)

    • Summarized definition of Constitutional Law. Includes the Supreme Law of the Land, rules of the game, citizens and state relations, and the Canadian Charter of Rights and Freedoms; division of power between federal and provincial governing.
    • Also includes unwritten aspects.

    Court's Reasoning in Roe (1)

    • Summarizes the discussion on why Texas law violates the 14th amendment of the US Bill of Rights.

    Plessy v. Ferguson

    • Louisiana's racial segregation laws
    • Summarizes the amendment that protected the laws

    Reasoning in Roe v Wade (2)

    • Summarizes the majority's reasoning in Roe v Wade
    • Explains the US Constitution's aspect of a right to privacy, protecting women's liberty to choose
    • Explains the importance of balancing between the interest of the government and the rights of women in terms of health, reproduction, and prenatal life

    Reasoning in Roe v Wade (3)

    • Summarizes the dissenting justices' (Justice White and Rehnquist) opinion in terms of judicial review and its extravagant exercise
    • Explains how the majority engages in judicial legislation and plants seeds for debate over originalism

    Constitutional Interpretation

    • Summarizes Hutchinson's 2 schools of thought, which are past-ists vs. present-ists, and originalism
    • Shows the respect for precedent and living constitution principles
    • Provides details on trade-offs

    Gender, Sexuality, and the Law (Topic 10)

    • Explains sex vs. gender, biological categories vs. expression and performance
    • Explains how activist groups use laws to affect social change, which affects women as a group differently than men, and laws as a tool of egalitarian change

    Why Roe Matters

    • Explains the political impact of Roe v. Wade.
    • Explains that it is a political victory concerning women's right to freedom of choice
    • It serves as a major example for judicial activism
    • Describes if Canada has its own Roe v Wade
    • Explains how the activist efforts to consider laws relevant to abortion in drafting, which involved the SCC
    • Explains how the SCC struck down laws restricting access to abortion, as they violated the Charter

    For Wednesday

    • Discusses what needs to be prepared for Wednesday

    Today

    • Summaries today's lecture topics

    US Politics after Roe

    • Explains the rise of the religious right and their positions toward abortion laws

    Case Law post-Roe

    • Summary of the case laws
    • Includes information on: Planned Parenthood v Casey

    Politics of Judicial Selection

    • Briefly explains the aspects of judicial selection processes and how they are related to politics

    State of Mississippi

    • Discusses a law banning abortions in Mississippi
    • Details the challenge to Roe v Wade precedents

    Dobbs v. Jackson Women's Health Organization

    • Discusses the facts of the case as well as the legal dispute

    What Does Dobbs Mean?

    • Summarizes what Dobbs means in terms of state rights and decisions made, and provides information on how states are categorized in the map shown relative to the law.

    Roe v Wade as a "Great Case" (Monday)

    • Explains why Roe V Wade is considered a great case.

    The Clash Persists

    • Describes the abortion debate and its difficulty and complexity

    What's Next?

    • Summarizes the next steps which include a Quiz on Friday

    Levels of Courts

    • Summarizes the different levels of courts and their relationships with judicial policymaking power

    Levels of Law

    • Expands on the topics of Constitutional, Statutory, and Common Laws

    Studying That Suits You

    Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

    Quiz Team

    Related Documents

    JLS After Midterms (5) PDF

    Description

    This quiz explores concepts of just and unjust laws, the impact of segregation laws on human personality, and key historical figures in international law. Delve into Robert H. Jackson's role in the International Military Tribunal and the principles of procedural fairness in legal proceedings.

    More Like This

    Use Quizgecko on...
    Browser
    Open
    Browser
    Browser