CMP 125 Points White and Stevens - New Jersey v T.L.O.

CMP 125 Points White and Stevens - New Jersey v T.L.O. -...

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CMP 125 Research Writing M. Amato Talking/Discussion Points White and Stevens – “New Jersey v. T.L.O. 1. In the majority opinion Justice White says that “it is evident that the school setting requires some easing of the restrictions to which searches by public authorities are ordinarily subject” (para. 14). Does White offer evidence supporting what he says is ‘evident’? List any evidence that White gives or any that you can think of. 2. What argument does White give to show that the Fourth Amendment prohibition against ‘unreasonable searches and seizures’ (para 2) applies to the behavior of school officials? Do you think his argument is reasonable or not? Explain. 3. On what grounds does White argue that school students have ‘legitimate expectations of privacy’ (para 14) and so New Jersey is wrong in arguing the contrary? 4. Justice Brennan argued that ‘schools cannot expect their students to learn the lessons of good citizenship when the school authorities themselves disregard the fundamental
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Unformatted text preview: principles underpinning our constitutional freedoms. Do you find his argument convincing? Why, or why not? 5. Justice Stevens disagrees with the majority opinion when he revises the decision from a search of a student by a teacher or other school official will be justified when there are reasonable grounds for suspecting that the search will turn up evidence that the student has violated or is violating either the law or the rules of the school. To evidence that the student is violating the law or engaging in conduct that is seriously disruptive of school order, or the educational process. What is the difference in his opinion? Do you agree with the majority decision or Justice Stevens dissent? Why, or why not? 6. It is important for legal decisions, especially from the U.S. Supreme Court, to be as objective as possible. Do you see evidence of bias influencing this case? Comment on the impact of personal opinion and law....
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This note was uploaded on 02/20/2012 for the course ACCT 102 taught by Professor Lee during the Spring '08 term at Rider.

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CMP 125 Points White and Stevens - New Jersey v T.L.O. -...

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