agenda for 15th class

5
1 Agenda for 15th Class Rights Assignment for Next Class Readings ## 109-114 Exercise 11 (To Have Once Been a Beetle) Questions to think about What did Sotomayor mean by “I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life.” • Judge Sotomayor, and the Senators questioning her, affirm “the rule of law” and say that this requires judges to apply law, not extralegal sources, to the facts. What does that mean? Is it realistic? • How might Judge Motley’s experience affect her decisions in discrimination cases? Is this effect good or bad? • Page 432ff Questions 3, 4, 8, 9, 10 Writing Assignment & Additional Question to Think About • To Have Once Been a Beetle

Upload: drew-powers

Post on 31-Dec-2015

24 views

Category:

Documents


2 download

DESCRIPTION

Agenda for 15th Class. Rights Assignment for Next Class Readings ## 109-114 Exercise 11 (To Have Once Been a Beetle) Questions to think about - PowerPoint PPT Presentation

TRANSCRIPT

Page 1: Agenda for  15th  Class

1

Agenda for 15th Class• Rights

Assignment for Next Class• Readings

– ## 109-114– Exercise 11 (To Have Once Been a Beetle)

• Questions to think about – What did Sotomayor mean by “I would hope that a wise Latina woman

with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life.”

• Judge Sotomayor, and the Senators questioning her, affirm “the rule of law” and say that this requires judges to apply law, not extralegal sources, to the facts. What does that mean? Is it realistic?

• How might Judge Motley’s experience affect her decisions in discrimination cases? Is this effect good or bad?

• Page 432ff Questions 3, 4, 8, 9, 10– Writing Assignment & Additional Question to Think About

• To Have Once Been a Beetle

Page 2: Agenda for  15th  Class

2

Exam Multiple Choice Challenges• At your discretion you may (in a Blue Book or in SofTest or

however you are writing Part II of the exam), make a written appeal with respect to any two of the questions on the multiple choice exam that you feel are ambiguous or unfair. If you make more than two written appeals, I will ignore all but the first two. If you make a challenge to a question, be sure to state in your challenge which answer you marked on the computer sheet, which other answers you think are plausible and why.

Page 3: Agenda for  15th  Class

3

Last Class – Engagement Rings• Kull

– Should decide according to parties’ expectations• In “private law” (e.g. contracts, wills, etc.), function of law is to give

effect to parties’ expectations– Problems

• Very unclear what parties’ expectations are• People may disagree• People getting engaged may not think about possibility that marriage

will not go through– Irrationally optimistic; thinking about break up is unpleasant;

talking about it may make it more likely• Alternative considerations

– Difficulty of ascertaining fault (PA court)– Fairness to bride, whose family may have paid a lot for wedding– Different rules for heirloom rings– Other considerations? What rule is best?

Page 4: Agenda for  15th  Class

4

Conflict Between Utility and Rights • Trolley problem. Trolley is hurtling toward 5

workmen. Driver can avoid killing 5 by turning trolley, but doing so will kill 1.– Is it permissible for the driver to turn? Is it morally

required?

• Transplant problem. 5 people will die if they don’t get organ transplants. Only way do so is to harvest organs from young man who comes in for check-up. Doing so would kill him.– Would it be permissible for surgeon to kill young

man to save 5 people who need organ transplants?

Page 5: Agenda for  15th  Class

5

Questions on Rights• What do you think is the right thing to do in the Trolley case?

Why?• What do you think is the right thing to do in the Transplant

case? Why?• P. 312 Question 7• Ex 15. Gould Virus