Hamilton Sp98 Con Law II Exam

Hamilton Sp98 Con Law II Exam - n I my Mammamw‘"...

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Unformatted text preview: n!) I my, Mammamw‘ " «’1 HAMILTON (PROF) CON. LAN II arm» son/94$ FINAL EXAMS c.2 Soc. Sec. mm FINAL EXAM Constitutional Law 11 Spring 1998 Professor Hamilton 3 Hours This exam is in two parts. The first part consists of two short essay questions. Each short essay question is worth 25 points. All answers to the short essay questions must be written in the Space allotted on the exam page. Do not write answers to short essay questions in blue books. The second part is a single fact pattern worth 50 points. Allot your time and effort accordingly. Be careful to base your answer on the facts as given. Your answers should be clearly written. - You may refer to any written materials during the exam. ARE YOU GRADUATING IN JUNE? : aZ Soc. Seem FINAL EXAM Constitutional Law II Spring 1998 Professor Hamilton Part I (50 points). 2 Short Essay Questions. Instructions: Answer each of the following questions as concisely as possible in the space provided on the exam sheet. Do not answer these questions in your blue books. I. The City Council of Smalltown recently held a meeting in which they discussed the problems being generated by the entry of a large number of practicing Satanists into their community. In a the negative secondary effects generated by the group. The ACLU has brought a declaratory action asking the court to declare the Committee unconstitutional. Who wins? On what theory or theories? 2. Big State has just enacted the following law: “No person will assist in the suicide of any other person. Exception: A physician does not commit assisted suicide if he or she prescribes a sufficient dose of pain medication to ease a terminally ill person’s suffering even if that dose hastens the death of the person.” Is it constitutional? ("W N Page 3 ¢ Part II (50 points). Essay Question. Instructions: You are a clerk to a United States Supreme Court Justice. The following case just landed on your desk. Provide the Justice a memorandum pointing out all of the legal issues implicated, the arguments that ought to be made by both parties, and the potential outcome(s). The Universal State Law School is deeply concerned that it does not have a sufficiently diverse faculty. The School has tried hiring more diversity but has not done very well in the market. It has implemented the following programs to redress the problem: (1) The Let’s Get More Minorities Program. Every time a white male is hired, the law school will i create another position that will be limited to minorities. Minority faculty candidates will go through the usual process for hiring. If they receive an offer as a result of that process, the law school will promise to pay them 15% more in salary than white males receive in their same class. The law school wiiiaiso provide double the research assistance funds because studies have shown that those topics in which minorities are interested tend to be difficult to research and because studies also show that minorities need more sources to prove the points they make than do others. These studies, though controversial, are published in first-rate sociological academic journals. Finally, minorities have the option to ask for early tenure (after only five years rather than seven) or to extend their pre- tenure period (from seven years to nine years). Their tenure timing decision is completely discretionary. All other faculty members must come up for tenure in either their sixth or seventh years. (2) The Let’s Get More Women Program. Every time a white male is hired, the law school will create a half position for women. Thus, for every two White males hired, a slot will open for a woman. Because they tend to do less well in oral presentations, the oral presentation requirement is waived for all women. In light of the ingrained social prejudice against women with children, women who have children do not need a 2/3 vote of the faculty to be hired but rather can be hired with only a simple majority vote. All women who are hired are given free daycare onsite and women who have children between the ages of 0 and 8 during their pre—tenure years will be judged by a more lenient standard than all other members of the faculty. (3) The Let’s Get More Geniuses Program. Every faculty candidate who can prove that their IQ is in the “genius” range (as designated by MENSA), will receive a $20,000 signing bonus upon joining the law school. (4) The Let’s Get More Money Program. Faculty candidates who have a net worth of $1 million or more need not be approved by the faculty but rather can be appointed directly by the Dean, at the Dean’s discretion. Such candidates can opt not to enter the tenure process and instead can hold a permanent teaching position. All those in permanent teaching positions will be treated for all purposes as though they had tenure. (S) The Let’s Get More Nationalities Program. Each candidate who brings a new nationality to the law school will receive a comer office with windows and a personal secretary. All other professors have small offices and share secretaries with four other faculty members. _ U _.;L i T ...
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Hamilton Sp98 Con Law II Exam - n I my Mammamw‘"...

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