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Assignment 1 buad 381


Case 1.1

  • Read Fisher v. University of Texas at Austin – text pages 17-18
  • Brief the case using the IRAC method.
  • Provide written answers to the Critical Legal Thinking Questions – text page 18.

Ethics Cases

  • Read Ethics Case 1.2 – text page 19
  • Provide written answers to the two questions in the case - text page 19.
  • Read Ethics Case 2.7 – text pages 42-43
  • Provide written answers to the two questions in the case - text page 43.

Please refer to the Characteristics of Effective Writing and other portions of the syllabus for writing guidance.

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17 CHAPTER 1 Legal Heritage and the Digital Age CASE 1.1 U.S. SUPREME COURT CASE Affirmative Action in University Admissions Fisher v. University of Texas at Austin 136 S.Ct. 2198, 2016 U.S. Lexis 4059 (2016) Supreme Court of the United States "A university may institute a race-conscious admis- the correct standard. On remand, the U.S. court sions program as a means of obtaining the edu- of appeals applied that standard and determined cational benefits that flow from student body that the admission process of the University con- diversity." formed to strict scrutiny. Fisher appealed to the U.S. -Kennedy, Justice Supreme Court. Facts Issue The legislature of the state of Texas enacted the Is the race-conscious admissions program at the Top Ten Percent Law that guarantees college University of Texas lawful under the Equal Protec- admission to students who graduate from a Texas tion Clause? high school in the top 10 percent of their class. Those students may choose to attend any of the Language of the U.S. Supreme Court public universities in the state, including the Uni- Although admissions officers can consider versity of Texas at Austin (University). The remain- race as a positive feature of a minority stu- ing 25 percent of the incoming class is admitted dent's application, there is no dispute that based on a combination of their Academic Index race is but a factor of a factor of a factor in the (AI), which is calculated by combining an appli- holistic-review calculus. Furthermore, con- cant's SAT score and academic performance in sideration of race is contextual and does not high school, and Personal Achievement Index operate as a mechanical plus factor for under- (PAI), which is a holistic review of the applicant's represented minorities. essays, leadership and work experience, extracur- A university may institute a race-conscious ricular activities, community service, and other admissions program as a means of obtain- special characteristics. Race is given weight as a ing the educational benefits that flow from factor within the PAI. student body diversity. Enrolling a diverse Petitioner Abigail Fisher, a Caucasian, applied for student body promotes cross-racial under- admission to the University's 2008 freshman class. standing, helps to break down racial ste- She was not in the top 10 percent of her high school reotypes, and enables students to better class, so she was evaluated for admission through the understand persons of different races. holistic review. Fisher's application was rejected by Equally important, student body diversity the University. Fisher filed suit, alleging that the Uni- promotes learning outcomes, and better pre- versity's consideration of race as part of its holistic- pares students for an increasingly diverse review process disadvantaged her and other Cauca- workforce and society. All of these objec- sian applicants in violation of the Equal Protection tives, as a general matter, mirror the "com- Clause. pelling interest" this Court has approved in The U.S. district court entered summary judg- prior cases. Indeed, to compel universities ment in the University's favor and the U.S. court of to admit students based on class rank alone appeals affirmed. On appeal, the U.S. Supreme Court is in deep tension with the goal of educa- stated that strict scrutiny should be applied in exam- tional diversity as this Court's cases have ining the University's affirmative action admissions defined it. process and that such policy must be tailored to The University has thus met its burden of ensure that race plays no greater role than is neces- showing that the admissions policy it used at sary to meet the University's compelling interest to the time it rejected petitioner Fisher's applica- diversify its student body. The U.S. Supreme Court tion was narrowly tailored. In striking this vacated the decision of the U.S. court of appeals sensitive balance, public universities, like the because it had not used this standard and remanded States themselves, can serve as laboratories the case to that court to evaluate the record under for experimentation. (continued) am wed fa than indled at we no lo пр021 рри was un T'050 18 PARTI Legal Environment of Business Critical Legal Thinking Questions Explain how race is considered in the holistic Texas. Should affirmative action be recognized in approach to admissions used by the University of Er university admissions? Decision The U.S. Supreme Court held that the University has met its burden of showing that the admissions policy it used at the time it rejected petitioner Fish- er's application was narrowly tailored as required by the strict serutiny test. The Supreme Court affirmed the judgment of the U.S. court of appeals. the Wom who wer ing facili The law employ as bein tection the sta Developing Skills for Your Career 1.6 Learn what skills you will gain through this text. of th It i me juc th at If you haven't yet decided on a major, you may be thinking that this sec. on a career in business, the lessons you learn in this course will help you tion isn't relevant to you. Let me assure you it is. Whether or not you plan the aggregate of your educational experience that you will have the oppor- (in business and/or in your life in many ways). Moreover, it is only through tunity to develop many of the skills that employers have identified as criti. you'll have the opportunity to develop and practice these skills through fea. cal to success in the workplace. In this course, and specifically in this text tures such as Critical Thinking Legal Questions and Information Technology Law cases. 1 Key Terms and Concepts Administrative Court of Chancery agencies (13) (equity court) (9) Administrative rules and Critical Legal Studies regulations (13) School (7) Analytical School (7) Critical legal thinking Bill (12) (15) Brown v. Board of English common Education (5) law (9) Chamber (12) Executive branch Civil law (10) (president) (11) Code book (11) Executive order (13) Codified law (11) French Civil Code of Command School (7) 1804 (the Napoleonic Committee (12) Code) (10) Conference committee (12) German Civil Code Constitution of the of 1896 (10) United States of Historical School (6) America (11) IRAC method (16) Judicial branch (courts) (11) Judicial decision (14) Jurisprudence (6) Law (3) Law and Economics School (Chicago School) (7) Law courts (9) Law Merchant (9) Legislative branch (Congress) (11) Merchant Court (9) Moral theory Ordinance (12) Precedent (14) Romano-Germanic civil law system (10) Sociological School (7) Socratic method (16) Stare decisis (14) State constitution (11) State statute (12) Statute (11) Subcommittee (12) Treaties (11) U.S. Congress (12) U.S. House of Representatives (12) U.S. Senate (12) of law (6) Natural Law School (6) Order (14) MyLab Business Law To complete the problems with the go to Discussion in the MyLab. rs were e found Es testi- as to be home, llisties ce sta- ce was Salinas inter- CHAPTER 2 Courts and Jurisdiction 43 The court had to address the issue of whether Maryland court, a federal court, asserting diversity of citizen- had personal jurisdiction under its long-arm statute ship between the parties. Friend argued that because over the Florida defendant Banks. Does the Maryland Hertz operated more than 270 rental car locations court have personal jurisdiction over the Florida defen- and had more than 2,000 employees in California, it dant? Did defendant Banks act ethically in this case? was a citizen of California; thus diversity of citizen- Chanel, Inc. v. Banks, 2010 U.S. Dist. Lexis 135374 ship did not apply and the case could not be moved (United States District Court for Maryland, 2010) to federal court but should be decided by a California state court. Is Hertz Corporation a citizen of Califor- 2.8 Ethics Case Hertz Corporation is incorporated nia and subject to suit in state court? Was it ethical in the state of Delaware and has its headquarters in for Hertz to deny citizenship in California when it had the state of New Jersey. Melinda Friend, a California such a large presence in California with its 270 rental citizen, sued the Hertz Corporation in California state car locations and more than 2,000 employees there? court seeking damages for Hertz's alleged violation Hertz Corporation v. Friend, 559 U.S. 77, 130 S.Ct. of California's wage and hour laws. Hertz filed notice 1181, 2010 U.S. Lexis 1897 (Supreme Court of the to move the case from state court to U.S. district United States, 2010) How- match alinas ce let ained, linas. s tes- otgun tgun, The sen- that ding Notes 1. Book I, Chapter 8, Democracy in America. 2. Effective September 25, 1988, mandatory appeals were all but eliminated, except for reapportionment cases and cases brought under the Civil Rights Act and Voting Rights Act, anti- trust laws, and the Presidential Election Campaign Fund Act. 3. Prior to 1980, there was a minimum dollar-amount contro- versy requirement of $10,000 to bring a federal question action in federal court. This minimum amount was elimi- nated by the Federal Question Jurisdictional Amendment Act of 1980, Public Law 96-486. 4. The amount was raised to $75,000 by the 1996 Federal Courts Improvement Act. Title 28 U.S.C. Section 1332(a). 5. 952 F.Supp. 1119 (U.S. District Court, Western District of Pennsylvania). puld the ver- nas's ti not have been du U.S. Supreme Court. Three U.S. Supreme Court just The Burger King Corporation, a competitor of his sholki whereby U to "winners" who collell high-value prizes. After being caugliu, other members of the ring entered guilty pleas 11 nection with the conspiracy. McDonald's, owns, operates, and franchises fast-food restaurants. One franchisee is Phoenix of Broward, Inc. (Phoenix), which operates a Burger King restaurant in Fort Lauderdale, Florida. Phoenix brought a class action lawsuit in U.S. District Court on behalf of Burger King franchises against McDonald's, alleging that McDonald's engaged in false advertising in violation of the federal Lanham Act when it advertised that players had an equal chance of winning high-value prizes when dissenting precustodial interview. Four justices filed a dict of guilty, finding that the admission of Salinass violate his Fifth Amendment privilege not to testify silence when asked about the shotgun shells did not against himself because a defendant normally does not invoke the privilege by remaining silent during a noncustodial interview. Two other justices upheld the nal conspiracy. Phoenix alleged that it suffered injuries that the Fifth Amendment does not prohibit a prosecu- in fact they did not because of the Jacobson's crimi- verdict of guilty but did so based on another reason, tor from commenting on a defendant's silence during a silence at a precustodial interview should not be admit- opinion, finding that the evidence of the defendant's Phoenix of Broward, Inc. v. McDonald's Corpora- ted into evidence. What kind of decision is this U.S. tion, 441 F.Supp.2d 1241, 2006 U.S. Dist. Lexis 55112 Supreme Court decision? Does this decision establish precedent? Salinas v. Texas, 133 S.Ct. 2174, 2012 U.S. Lexis 4697 (Supreme Court of the United States, 2012) a of lost sales because of McDonald's false advertising claims. McDonald's filed a motion to dismiss Phoenix's lawsuit, asserting that Phoenix had no standing to sue. Did plaintiff Phoenix have standing to sue McDonald's? onsoonood 3 (United States District Court for the Northern District of Georgia, 2006) ALPE ( 1 Ethics Cases Ethical 2.7 Ethics Case Chanel, Inc. is a corpo- Chanel filed a lawsuit in the U.S. district court in Mary- rate entity duly organized under the laws land against defendant Ladawn Banks, a resident of of the state of New York, with its principal place of busi- Florida. Chanel alleged that Banks owned and oper- ness in New York City. Chanel is engaged in the busi- ated the fully interactive website www.lovenamebrands ness of manufacturing and distributing throughout the .com, through which she sold handbags and wallets world various luxury goods, including handbags, wal- bearing counterfeit trademarks identical to the reg- lets, and numerous other products under the federally istered Chanel marks. The goods at issue in this case registered trademark "Chanel" and monogram marks. were sold over the internet to a resident of Maryland. class discussions. Good ties that stimulate the mind. IRAC Method method. First, the facts of the case must be investigated and understood. Next, Legal cases are usually examined using the following critical legal thinking the legal issue that is to be answered must be identified and succinctly stated. understood. Once the facts, law, and legal issue have been stated, critical think- ing must be used in applying the law to the facts of the case. This requires student—analyze, exam- ine, evaluate, interpret, and apply the law to the facts of the case. Last, the critical legal thinker must reach a conclusion and state his or her judgment. In the study of law, this process is often referred to as the IRAC method (an that the decision maker-whether a judge, juror, or acronym that stands for issue, rule, application, and conclusion) as outlined in the following: I = What is the legal issue in the case? R = What is the rule (law) of the case? A = What is the court's analysis and rationale? C = What was the conclusion or outcome of the case? This text—whether in its print or electronic version-offers students ample opportunities to develop and apply critical legal thinking. The text contains real- world cases in which actual disputing parties have become embroiled. The law cases are real, the parties are real, and the decisions reached by juries and judges are real. Some cases are easier to decide than others, but all provide a unique set of facts that require critical legal thinking to solve. U.S. Supreme Court Case So, let us examine how critical legal thinking is applied by the U.S. Supreme Court. In the following case, the U.S. Supreme Court reviewed the consideration of race in university admissions.
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Running head: ASSIGNMENT I

Assignment I
Student’s Name
Professor’s Name
Course Title
Date

ASSIGNMENT I

2
Case 1.1

The IRAC method is a critical thinking method that is used to analyze a case. It
stands for issue, rule, application, and conclusion. This method will be used to assess the
Fisher v University of Texas at Austin case. The issue in the case is whether the race
admissions program that is used by the University of Texas is lawful following the Equal
Protection clause. Fisher claimed that the use of race placed her at a disadvantage
together with other applicants who are Caucasian as it is a violation of the equal
protection rights. The univers...


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