...1. Is the Bruin Diversity Plan constitutional according to the Equal Protection Clause, strict scrutiny, and the Grutter v. Bollinger and Gratz v. Bollinger cases? Your response should include a summary of the basic facts and holding of the Grutter and Gratz cases and clearly apply the legal test of strict scrutiny to the Bruin Diversity Plan. The “Bruin Diversity” plan is a proposed admission policy that’s goal is to promote greater student body diversity. The “Bruin Diversity” plan has four stated goals. Goals that aim to reduce historic deficit of ethnic minority groups, to remedy the effects of societal discrimination of ethnic minority groups, to increase the number of professionals who will practice in underserved communities, and to obtain an ethnically diverse student body. The “Bruin Diversity” admission process will utilize a “Selection Index” (point system). The ethnic minority applicants will also receive an extra 20 points and be evaluated by a special committee. Approximately 33% of all admission slots will be given to ethnic minority groups, thanks to...
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...Grutter v. Bollinger, 539 U.S. 306 (2003) Historical Setting In 2003, Barbara Grutter, a white female, applied to the University of Michigan Law School. This is one of the top law schools in the country, and up denied enrollment Grutter challenged it to race. She claimed it violated the 14th amendment, Title VI of the Civil Rights Act of 1964, and 42 U.S.C. § 1981 due to her race being one of the predominate factors of admission. The case was argued in the U.S. Court of Appeals for the Sixth Circuit on April 1, 2003. The decision was on June 23, 2003. Grutter fought to get her case reheard, but it was denied. Case Summary The University of Michigan Law School uses a variety of tools to select students. They use a mixture of the application, academic ability, potential seen in candidates, letters of recommendation, grade point average, score on the Law School Admission Test (LSAT), amongst much...
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...Fischer when she applied to the University of Texas at Austin. Although Fischer was not in the top 10% of her class, she was close, residing in the top 12%. “The University, which is committed to increasing racial minority enrollment, adopted its current program after this Court decided Grutter v. Bollinger, 539 U. S. 306 , upholding the use of race as one of many “plus factors” (Justia). When Fischer learned that she had not made it into the school of her dreams, she believed that it was because the school had discriminated...
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...PAD 525 Discussions 4, 5, 6, 7, 8, 9 & so on……. Hope this helps ! Review Texas v. Johnson. Assuming you want to sustain the conviction, make the best argument you can for how that can be reconciled with the First Amendment. Of the opinions that would have sustained the conviction, which do you find most persuasive and why? Texas v. Johnson, 491 U.S. 397 (1989), was an important decision by the Supreme Court of the United States that invalidated prohibitions on desecrating the American flag enforced in 48 of the 50 states. Justice William Brennan wrote for a five-justice majority in holding that the defendant Gregory Lee Johnson's act of flag burning was protected speech under the First Amendment to the United States Constitution. Gregory Lee "Joey" Johnson, then a member of the Revolutionary Communist Youth Brigade, participated in a political demonstration during the 1984 Republican National Convention in Dallas, Texas. The demonstrators were protesting the policies of the Reagan Administration and of certain companies based in Dallas. They marched through the streets, shouted chants, and held signs outside the offices of several companies. At one point, another demonstrator handed Johnson an American flag stolen from a flagpole outside one of the targeted buildings. When the demonstrators reached Dallas City Hall, Johnson poured kerosene on the flag and set it on fire. During the burning of the flag, demonstrators shouted such phrases as, "America, the red, white, and...
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...Equality and the Constitution 4 Class 1: Slavery and the Constitution 4 1. The Original Constitution 4 2. State v. Post 4 3. Dred Scott v. Sandford (1857) 4 4. Reconstruction 5 5. Post-Reconstruction Cases 6 Class 2: The Advent of American Constitutional Law: Brown 7 6. RACIAL EQUALITY 7 7. Brown I (1954) The segregation of children in public schools based solely on race violates the Equal Protection Clause. 7 2. Brown II 8 3. What was the constitutional harm in Brown? 8 4. THEORY 8 5. Subsequent School Desegregation 9 Class 3: Local Efforts to Desegregate: Parents Involved 11 6. Parents Involved 11 Class 4: Rational Basis Review: Cleburne, Romer, etc. 13 2. Tiers of Scrutiny 13 3. Beazer (1979) 13 4. Moreno (1973) 14 5. Cleburne (1985) 14 6. Romer (1996) 15 7. Nordlinger (1992) and Allegheny Pittsburgh (1989) 16 8. Lee Optical (1955) 17 Class 5: Racial Classifications and Heightened Scrutiny: Strauder, Korematsu, Loving 17 9. Heightened Scrutiny Analysis 17 10. Strauder (1880) 17 11. Korematsu (1944) 18 12. Loving (1967) 19 13. Theories Supporting Strict Scrutiny of Racial Classifications 20 14. Tiers of Scrutiny 20 15. Tiers of Scrutiny Table 21 Class 6: Facially Neutral Classifications: Washington v. Davis 21 16. Types of Discrimination (from Fall) 21 X. Disparate Impact 21 XI. Purposive Discrimination 22 ...
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...Considerations 8 Labor Market 9 Society 9 Unions 10 Shareholders 10 Competition 10 Customers 10 Technology 10 Economy 11 Unanticipated Events 11 How Human Resource Management Is Practiced in the Real World 11 HR's Changing Strategic Role: Who Performs the Human Resource Management Tasks? 11 Human Resource Manager 12 HR Outsourcing 12 HR Shared Service Centers 13 Professional Employer Organizations (Employee Leasing) 13 Line Managers 14 HR as a Strategic Partner 14 A Strategic HR Example 16 A Strategic HR Audit 16 Human Capital Metrics 17 Human Resource Designations 18 Evolution of Human Resource Management: Moving into Strategic HR 18 Evolving HR Organizations 19 Scope of This Book 20 • A Global Perspective: Cultural Differences in Global HR 22 SUMMARY 23 KEY TERMS 24 QUESTIONS FOR REVIEW 24 HRM INCIDENT 1: HR AFTER A DISASTER 24 HRM INCIDENT 2: DOWNSIZING 25 NOTES 25 PART TWO: ETHICAL, SOCIAL, AND LEGAL CONSIDERATIONS 28 Business Ethics and Corporate Social Responsibility 29...
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...THE RIGHT TO HEALTH IN THE UNITED STATES OF AMERICA WHAT DOES IT MEAN? Acknowledgements ...............................................................................................................i About the Center for Economic and Social Rights ...............................................................i Executive Summary............................................................................................................ ii Introduction......................................................................................................................... 1 I. The Legal Framework for the Right to Health ................................................................ 4 A. The Right to Health in the UDHR and ICESCR..................................................... 5 B. Substantive Elements Required to Fulfill the Right to Health................................ 6 C. Procedural Protections of the Right to Health ........................................................ 7 II. The Current U.S. System ............................................................................................ 8 A. The Legal Structure................................................................................................. 9 B. The Financial Structure: Who Pays? Who Profits? .............................................. 11 III. International Standards in the U.S. Context .......................................................... 13 A. Availability...........................
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