LAW ASSIGNMENT

For your second short essay (SE2), write a response to the following prompt, making sure that you fully answer each of the three questions enumerated.

In The Case of the Speluncean Explorers, Justice Keen emphasizes the obligation of the judiciary to faithfully enforce the law and he argues that Justice Foster fails to uphold this obligation. Based upon Keen and Foster's opinions (as well as the opinions of any other justices in the case that might be relevant), answer the following three questions.

First, what are Keen's reasons for thinking that Foster has violated the judiciary's obligation to faithfully enforce the law? Second, what are Foster's reasons for thinking that, contrary to Keen, he (Foster) has, in fact, faithfully enforced the law? Third, as between Keen and Foster, who do you believe is correct and why?

(Important: When your response to this prompt, you should ignore the question of whether the positive law of Newgarth applies to those stuck in the cave. Instead, assume that it does apply. Accordingly, you should ignore the first part of Justice Foster's opinion where he discusses this jurisdictional question and the related issue of the ‘law of nature' for this assignment.)

Required Format:

Your memo should be double-spaced with one-inch margins and 12-pt, Times Roman font. To facilitate blind grading, your name should appear on a separate title page, and nowhere else. In terms of citations, I have no required citation style. If you are citing from one of the opinions in The Case of the Speluncean Explorers, cite only the page number.

If citing from something else that we have read for class, cite the author and page number. For other sources, you should cite whatever information I would need to look up the source myself (e.g. author, title, publisher, date, etc.). Suggested length: 800-1200 words, apart from footnotes, etc.

Submission Instructions:

You must submit your short essay online using Sakai. Specifically, you should attach your essay as a Word document in the submission page accessed via the Sakai assignment link.

Please Remember:

Your grade on this essay will be based on how you answer each of the three questions included as part of the prompt and listed above with your response to each of these three questions comprising an equal part of your overall grade on this assignment.