Questions from Business Law

Q: 1. What are the primary arguments advanced by Justice Kennedy,

1. What are the primary arguments advanced by Justice Kennedy, writing for the majority, against the reasoning of the Austin case and against the restrictions of BCRA? What arguments does the dissent...

Q: 1. What are the functions of privacy, as described by

1. What are the functions of privacy, as described by Westin? For each, can you think of examples from your own experience? 2. Which functions of privacy may have been served by Nurse Ehling's Faceboo...

Q: 1. Which judge gives the statute a “broad” reading

1. Which judge gives the statute a “broad” reading, the other gives it a “narrow” one? Which is which? What tools do the two judges use to interpret the law? Which interpretation do you think is most...

Q: 1. Identify the different stakeholders in this class action. Identify

1. Identify the different stakeholders in this class action. Identify the interests each would have. What would a utilitarian analysis of the settlement look like? A deontological analysis? 2. Why doe...

Q: 1. What does “pretextual” mean? How does Judge

1. What does “pretextual” mean? How does Judge Robertson, who heard the evidence at trial, explain that the reasons given by the Library for not hiring Diane Schroer were pretextual? 2. What similarit...

Q: 1. According to Spector, people of color have been in

1. According to Spector, people of color have been in the forefront of the "growing resistance to substandard working conditions"--from the Justice for Janitors campaign in the 1990s to more recent st...

Q: 1. How does Philadelphia Police Directive 78 differ from the “

1. How does Philadelphia Police Directive 78 differ from the “No beards” policy at issue in the Fraternal Order of Police case? Why is that difference legally significant? Does it seem ethically disti...

Q: 1. Is the FMLA well-crafted to respond to congressional

1. Is the FMLA well-crafted to respond to congressional findings? 2. FMLA policy and Windsor. 3. Does Congress address any stereotypes about caregivers in the FMLA? How responsive is the law to change...

Q: 1. If you had been on Hazleton’s City Council, would

1. If you had been on Hazleton’s City Council, would you have voted for or against this ordinance? Why? 2. Find out if your state or municipality has recently adopted any immigration laws. What are th...

Q: 1. What rules does Justice Kennedy say Bakke, Grutter and

1. What rules does Justice Kennedy say Bakke, Grutter and Gratz set forth? Why would Justice Thomas not “take them as given?” 2. U.T. uses a multi-step admissions process under which each applicant is...