1. In no more than two (2) pages and citing materials we covered this semester, discuss the constitutional protections for freedom of expression developed within the defamation regimes in the United States and England with regard to matters involving public persons in relation to matters or public of concern.
2. In no more than two (2) pages and citing materials we covered this semester, compare and contrast the manner in which the courts addressed the issue of entanglement of government and religion in the German School Prayer Case, the German Classroom Crucifix Case II and Van Orden v. Perry. Your analysis should include a discussion of the differing factual circumstances in each case and the presence or absence of governmental coercion and the impact such coercion (or the absence thereof) had on the courts' analysis.
3. In no more than two (2) pages and citing to materials we have covered this semester, discuss the role that international human rights regimes and international law have played (or not played) in the analysis employed by the courts in the Unites States, Canada and by the European Court of Human Rights in abolishing or limiting capital punishment (or extraditing persons to retentionist countries without assurances that capital punishment will not be sought) based on the individual right to life and/or freedom from cruel and unusual punishment (inhuman and degrading treatment).
4. In no more than one (1) page, compare and contrast the "Oakes" analysis under Section 1 of the Canadian Charter of Rights and Freedoms and the "strict scrutiny" analysis employed by the United States Supreme Court in relation to governmental infringements on fundamental rights.
5. In no more than one (1) page, please address one of the following questions (please select either (a) or (b) below to answer):
a) Citing materials we covered this semester (from any jurisdiction), discuss the difference between the "intrinsic" and "utilitarian" theories as to why freedom of expression exists within a constitutional system and how these theories can manifest themselves in case law.
b) Citing materials we covered this semester (from any jurisdiction), compare and contrast any three of the following constitutional principles: originalism, textualism, functionalism, practical concordance and purposive analysis.