In a paper of 6 pages double-spaced, 12-point font (any citations are excluded from the length limit): 1) introduce your reader to the form-first/norm-first distinction between formal and substantive equality; 2) introduce your reader to the basic facts behind Brown v. Board of Education (no need to go into the specifics of the four different cases); 3) identify the legal issue at the heart of the case according to the Supreme Court’s opinion; (Note: there are a lot of different possible interpretations; try to stick as close as possible to what’s explicitly given in the text of the opinion.) 4) identify the legal issue at the heart of the case according to Wechsler; 5) explain Wechsler’s criticism of Brown; 6) explain how Wechsler’s criticism of Brown can be interpreted as an instance of form-first formal equality reasoning; 7) motivate the idea that 6) is an objection to Wechsler’s criticism; and 8) do one of the following: a) answer the objection on Wechsler’s behalf; or b) explain why you think the objection can’t be answered on Wechsler’s behalf. Steps 7) & 8) involve thinking hard about what norm-first substantive equality theorists find objectionable about form-first formal equality theorists. It should be something more than the claim that they just happen to have different views about what the real substance of equality is (though it’s fine if this claim is part of your analysis). Also see the notes above in Prompt Option 1 regarding avoiding procedural legal points and focusing on the norms/values/principles you think are or should be embodied in the law. PROMPT 1 NOTES: Try to keep your objection and response from being about procedural legal points (“I think this would violate the First Amendment because it violates the Supreme Court’s Lemon Test, which says….”). Instead, focus on the kinds of norms/values/principles that you think are embodied in the law or ought be embodied in the law. For example, your objection and response might involve your view of what substantive equality is and how the law does/should instantiate it. It might also involve your view of another norm/value/principle that you think is embodied in the law or ought be embodied in the law, particularly if that norm points to ways that equality under the law should be limited. Be careful; if you bring in another norm, don’t take its value for granted. You’ll need to motivate the importance of that value and why you think it should limit equality in a certain way. Feel free to use examples to do this! * Use Wechsler reading and lecture slides to answer questions. Only 14 pages of the Wechsler reading was assigned and they are on the first page of the document. Do not make the paper longer than 6 pages please! No outside sources as well, just use the readings and lecture slides provided. SEND A MESSAGE FOR ANY QUESTIONS! Thanks Requirements: 6 pages
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