Choose just ONE of the questions below and answer it in essay form. At the beginning of your essay, please include the question that you have chosen to answer for this. This essay should cover at least 1 single- spaced typewritten page with a 12 point, Times New Roman font. Essays that are just summaries of the course material will not do well. I want an organized, well-written, and clearly expressed essay led by your thesis position, made by your arguments, and supported by course content as evidence. (no other references except for course content).
Read the questions carefully to figure out exactly what I am asking you to answer.Considering all those who could be affected, is it an overall benefit or detriment for the rights of everyone in the country for a court to be able to use the “exclusionary rule” and the “Fruit of the Poisonous Tree doctrine” to exclude illegally obtained evidence?
In Lochner v. New York, Justice Peckham disagreed with the viewpoint of the New York State Legislature that a law regulating sanitary conditions and working hours for a bakery legitimately related to the safety or health of a community. Do you think that our Constitutional rights and liberties are better protected if a Court can substitute its policy judgment in place of a competing one made by a Legislature or if a Court restricts itself to deciding whether a law is expressly consistent with the Constitution? (You can use the Lochner case as an example in your essay, but you may use other cases as well.)
In Jacobson v. Massachusetts, the Supreme Court required that a state law claiming to regulate public health and safety must be necessary and reasonable for it to survive a valid citizen claim that the law affected their Constitutional rights. However, not every Court uses those two limitations.
When a Court does not use them, does it allow the concept of State Police Power to extend the reach of the Tenth Amendment too far?
Do you agree with the majority in Kelo v. City of New London that the “public use” requirement from the “Takings” clause of the 5th Amendment can be properly satisfied if the government had a legitimate “public purpose” in using eminent domain to take the private property from one private citizen and give it to a private company to own?
Should Copyright be considered as a right with a similarly high level of importance and protection as the fundamental rights expressly recognized in our Amendments rather than as an incentivized privilege that the government only grants for a limited time?
One purpose of Trademark law is to protect consumers from confusion as to which company a product or service comes from. Therefore, is it an overall benefit or detriment to consumers when a very well-known brand name for a company or its product/service loses its legal status as a valid Trademark due to a finding of “Genericide” by a court?
There are five pairs of words below. The first word is a brand name, and the second word is a product type. The legal strength of each brand name fits into one of the five different categories of the “distinctiveness spectrum” of Trademark. For this question you need to do 2 things: A) Name the spectrum category that you think applies to each brand name, B) Explain why the category that you choose for each name is appropriate based on the legal description of the category and level of protection that category gets.a) “Blanket” hamburgers
b) “Sodium Chloride” seasoning
c) “Illuminating” lamps
d) “Flryzx” watches
e) “Atlas” mattresses
Requirements: This essay should cover at least 1 single- spaced typewritten page with a 12 point
