Law: Legal Cases, Analysis, Rules And Issues (1530 words)

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Facts: Sally Student, a freshman, attends Big State University, which is a public 4-year institution. The school requires all freshmen to live on campus, even though Sally would rather live off campus with her older brother, who is a senior. Sally is having a hard time adjusting because her best friend, Robin Reject, was not admitted to Big State and is stuck in their hometown going to the community college. Big State has a policy that “students are admitted on the basis of scholarship, character, and motivation without regard to race, creed, or sex.” The girls are unsure of why Robin was rejected and Sally was accepted because they had similar high school grades and activities. Sally is also upset because she spent a lot of time writing an in-depth article for the extracurricular student newspaper about the arrest of Pete Professor, a prominent member of the faculty, while he was participating in a march for animal rights. Sally even discovered that the school fired Dr. Professor immediately, even though he has tenure. Arnold Advisor, who is the faculty advisor to the student newspaper, personally called Sally to his office and strongly suggested that she withdraw her article before publication. He said that the school could be sued if the article were published. Sally isn’t sure if that is true, but she felt compelled to withdraw her masterpiece from the upcoming issue because she is taking a class taught by Dr. Advisor next semester and she was afraid he would fail her if she printed the article. On top of everything else, Sally was publicly humiliated in class this week when her math professor, Ina Instructor, posted her test answers with her name visible on the screen in front of the class and announced, “Those of you who are struggling as badly as Sally here better think about whether you need to drop this class now, while you can withdraw without academic penalty!” All in all, Sally is wondering why she even came to Big State in the first place. She is so stressed out that she has been openly talking in her residence hall about wanting to hurt herself. Her residence hall advisor, Cammie Concerned, is worried about Sally and isn’t sure what to do. Cammie has considered calling Sally’s parents and sharing her concerns. She is also thinking about reporting Sally’s behavior to Big State’s crisis intervention team. Cammie has offered to take Sally to the counseling center and has also asked Sally to come to church with her next Sunday, but Sally has refused both offers.

Issue –
1. Big State University requiring all freshman to live on campus. Requiring all freshman students to live on campus is a parietal regulation that is considered rational or reasonable and does not violate Sally’s constitutional rights. it’s not a fundamental right for Sally to choose to live off campus with her older brother, who is a senior.
2. Is the college admissions requirements up to par and balanced across the aboard (e.g. Grutter v. Bollinger & Gratz v. Bollinger)
3. Professor with tenure being fired because of participating in a march for animal rights
4. Did Sally’s math teacher violate The Family Educational Rights and Privacy Act (FERPA) by posting her grade publically? Is the teacher protected if she spoke of Sallys lack of academic performance (defamation)
5. Is the editor violating freedom of expression due to discouraging Sally not to publish her article? (Hazelwood School District v. Kuhmeir & Hosty v. Carter) Student Press Chapter 12
6. Is Cammie legally able to share her concerns about Sally Health?
7. Is there a duty of care responsibility on Cammie to share her concerns about Sally’s mental health status
8. Can Sally ask special permissions to live with her brother due to mental instability or hardship

For this assignment you must do the following for the issues above
(1) identify the issue,
(2) explain the rule that applies to the issue,
(3) analyze the application of the rule to the facts here and
(4) state a conclusion regarding how the rule should be applied to the facts.

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IRAC #1
ISSUE: Did the Big State University’s use of a policy that “students are admitted on the basis of scholarship, character, and motivation without regard to race, creed, or sex,” which is based on racial and gender preferences in the admissions process that violates the Equal Protection Clause or Title VI of the Civil Rights Act of 1964?
RULE: Schools may consider race, creed, and gender as a part of the admissions process as long as it is only one factor in an individualized process.
ANALYSIS: Big State University requiring all freshman to live on campus. Requiring all freshman students to live on campus is a parietal regulation that is considered rational or reasonable and does not violate Sally’s constitutional rights. It’s not a fundamental right for Sally to choose to live off campus with her older brother, who is a senior.
CONCLUSION: Grutter’s companion case, Gratz v. Bollinger, challenged Michigan’s undergraduate admissions policies, which the United States Supreme Court struck down this policy. However, finding that it gave an overall advantage to minority students. Therefore, in this case, Big State University was conducting highly individualized reviews of each applicant, and the facts determined that race was only one of many factors considered to determine the applicant’s eligibility.

IRAC #2
FACT: Professor with tenure being fired because of participating in a march for animal rights.
ISSUE: Is symbolic speech and/or expression by professor...
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