Answer TEN of the following questions with a clear, careful, precise paragraph (of about five COMPLETE sentences).
Please submit your completed exam via email BY JULY 6th AT NOON:
- Explain the role played by the concept of public accommodation in the Civil Rights Act of 1964 and the broadening of the concept in the Americans with Disabilities Act of 1990. Then, explain the Court’s reasoning in Roberts v. United States Jaycees (1984), specifically as it relates to public accommodation.
- Explain the Court’s ruling in Lawrence v. Texas (2003), clearly indicating which aspects of the majority ruling in Bowers v. Hardwick (1986) they rejected.
- Defendants in criminal trials can offer entrapment as an affirmative defense. Explain, using a case discussed in class as a (clear) example.
- Explain what it means both to rule laws void for vagueness and to rule laws void for overbreadth. Then, explain one case discussed in class that exemplifies both rulings.
- What standard of review is triggered in suspect class cases? Explain one case (discussed in class) where this standard of review is used in a suspect class case.
- What is a quasi-suspect class? Explain the standard of review for cases involving a quasi-suspect class, and the Court’s reasoning in one case (discussed in class) involving a quasi-suspect class.
- What is a bona fide occupational qualification (BFOQ)? Explain one case (discussed in class) where a BFOQ is at issue, discussed in class.
- Compare a case in which the Court has upheld a hate crime statute with one in which the Court has upheld protections of what might reasonably be termed ‘hate speech’.
- Explain how one might argue from the Court’s decision in Lawrence v. Texas (2003) to a protection of – or at least decriminalization of — public sex in circumstances in which participants could have a reasonable expectation of privacy.
- Compare the role played by consent in legal justifications of duty to disclose statutes and in legal justifications of the criminalization of sex between inmates and correctional officers, in jails and prisons.
- Explain at least three problems with the PREA Standards (2012).