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Role Playing in Teaching Constitutional Law
Unformatted Document Text:  23. Since historically black public universities such as Morgan State serve a valuable purpose in compensating for the effects of previous discrimination, it should be lawful for them to prefer blacks in admissions and employment to preserve their historic identities. 24. Middle State University in considering the weights it will give to persons with diverse backgrounds in admissions has decided not to give any consideration to religious diversity. Students who are Orthodox Jews, Amish, and Buddhists sue. 25. The Middle State Law School gives a bonus to admissions applicants who have a commitment to social justice defined as erasing inequalities in American life. 80% of the students who received the bonus are minorities. The school is sued by rejected applicants who claim that the bonus isa. a de facto racial testb. violates the 1 st Amendment by preferring one political position over another in the competition for a public benefit. 26. Lt. Gov. Brown has proposed that 10% of all Maryland governmental purchases be set-aside for minority-owned and small businesses. Is such a policy constitutional and if so under what conditions? 28. Central City wants to create more successful minority-owned businesses. It has passed a statute requiring that 50% of all City purchases be from businesses located in zip codes with 50% or more minority population or 50% below the poverty line. A white female owned business located in a white upper class area that has always provided services to the City sues. 29. Hooters Restaurant hires for its wait staff positions only women under age 35 with certain physical qualifications. The restaurant is sued by a young man who meets the weight and height qualifications and an older, overweight woman. 12

Authors: La Noue, George.
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23. Since historically black public universities such as Morgan State serve a valuable purpose in
compensating for the effects of previous discrimination, it should be lawful for them to prefer
blacks in admissions and employment to preserve their historic identities.
24. Middle State University in considering the weights it will give to persons with diverse
backgrounds in admissions has decided not to give any consideration to religious diversity.
Students who are Orthodox Jews, Amish, and Buddhists sue.
25. The Middle State Law School gives a bonus to admissions applicants who have a
commitment to social justice defined as erasing inequalities in American life. 80% of the
students who received the bonus are minorities.
The school is sued by rejected applicants who claim that the bonus is
a. a de facto racial test
b. violates the 1
st
Amendment by preferring one political position over another in the competition
for a public benefit.
26. Lt. Gov. Brown has proposed that 10% of all Maryland governmental purchases be set-aside
for minority-owned and small businesses. Is such a policy constitutional and if so under what
conditions?
28. Central City wants to create more successful minority-owned businesses. It has passed a
statute requiring that 50% of all City purchases be from businesses located in zip codes with 50%
or more minority population or 50% below the poverty line. A white female owned business
located in a white upper class area that has always provided services to the City sues.
29. Hooters Restaurant hires for its wait staff positions only women under age 35 with certain
physical qualifications. The restaurant is sued by a young man who meets the weight and height
qualifications and an older, overweight woman.
12


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