Federal Judges – Enforce or Interpret the Law? , law homework help

Federal Judges – Enforce or Interpret the Law? 7
Introduction
For this assignment, assume you are a judge with the appropriate jurisdiction to decide the following case. You were raised in a very strict and sheltered household and must decide whether a particular piece of artwork is obscene. The artist has painted a series of sex scenes, including bondage, sadomasochism, bestiality, and necrophilia, interspersed with paintings of nude children at play. She states that her art has redeeming social qualities because it is a statement of the many faces of humanity. The series of paintings is being displayed in a public gallery supported by city and federal funds. The district attorney has filed for an injunction to close the show due to obscenity.
Instructions
Prepare a three-page memorandum to your clerk, who will draft your opinion, detailing the following:
Explain your ruling in the case, including the rationale for your decision.
Determine how you will dismiss any personal bias in reaching and explaining your decision.
Explore, as part of your dicta (non-legally binding opinion), whether you agree with the statement, “If the judicial system is not independent of political powers, and is a pawn or agent of political power, then due process is a sham and the very essence of democracy is threatened,” in the context of constitutional rights and other potential influences on your decision.

 

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