GOLDEN GATE UNIVERSITY
SCHOOL OF LAW
May 10, 2000
Directions:
1. Please read these directions and the examination carefully.
2. This is a
closed book examination. No books, notes or outlines may be used.
3. The total time of the examination is three hours.
4. The examination consists of three
essay questions.
5. Please write legibly; illegible material cannot be graded. Answer all questions in the blue books;
please write on every other line, on only one side of the page.
6. If additional facts appear to be necessary in answering the questions, make alternative
assumptions
as to these facts and state your assumptions and why you think they are necessary.
7. Allocate your time sensibly; notice the point value for each question.
8.
Be sure you write your examination number on all of your blue books and on the examination
questions.
9. Turn in all questions, scratch paper and blue books at the conclusion of the
exam.
Congress desires this nation to continue its leadership of the world's economy and believes that the only
way to do so is to make sure that our population is computer literate. To that end, it passes a law
containing the provisions given below. This law is enthusiastically supported and signed by the
President.
A federal tax is placed upon the sale of any computer that is purchased in a State that has not wired (for
Internet access) at least 50% of its public school classrooms. The amount of the tax is 25% of the
purchase price. The money from this tax is placed in a special "World Economic Leadership Fund".
Money is then appropriated out of this "World Economic Leadership Fund", to be given to States for wiring
their public school classrooms and for the purchase of computers for these classrooms. But this money is
to be given to these States only on condition that they pass a State law requiring
private schools to wire
their classrooms for Internet access and have, at least, one computer for each two students in their
school.
Congress appoints a "Computer Czar" to oversee the administration of this program.
This program is challenged as unconstitutional by the State of Texas (a State not having 50% of its public
classrooms wired for Internet access) and a computer buyer in the State of Texas.
Discuss and decide the likely outcome of this challenge.
(recommended time: 72 minutes)
The State of California is concerned about the long-term consequences of genetically
engineered food products. While there is no available evidence to show that such
products are injurious to health or the environment, fears and suspicions abound. They
establish a special division of The State Department of Agriculture. This division of The
Department of Agriculture is to undertake studies of the long-term health and
environmental consequences of genetically engineered food products. Once these
studies have been completed and they disclose no injurious consequences flowing from
these food products, the products will be certified as "approved by The State of
California" and either signs where the food products are sold or labels on the products
themselves will so state. Genetically engineered food products found to be unsafe for
either health or environment may not be sold in California.
The costs of these studies are to be born by those who wish the genetically engineered
food products certified by The State Department of Agriculture. No one is required to
request a study by The State Department of Agriculture and may sell their food product,
as long as a warning is posted or the food carries a label which says: "Caution!!! This
food product is genetically engineered and has not been certified by The State of
California as safe for your health or for the environment!"
The warning above is to be carried by all genetically engineered food products until
certified by The State Department of Agriculture. This applies to food products in the
process of being studied as well as those where certification by The State Department of
Agriculture is not applied for.
In-State individuals and companies are charged the costs of the study of their food
product. Out-of-State individuals and companies are charged the costs of the study plus
$50,000. The State justifies this distinction on the basis that The Department of
Agriculture is supported, in part, by general tax revenues, not paid by out-of-State
residents.
Johnny Appleseed is an organic farmer who lives in, and grows genetically engineered
cantaloupes in, Arizona. He sells his cantaloupes to Mrs. Pooch's Markets, a chain of
California grocery stores.
Farmer Jones is a California grower of a genetically engineered variety of nectarines.
He sells them in California markets.
Both Johnny Appleseed and Farmer Jones claim, and I want you to accept it as true,
that if the required warning is placed on or near genetically engineered foods, very few
people (if any) will buy such foods.
Discuss and decide the likely outcome of the constitutional arguments that these two
potential litigants would make.
III. (20 points)
(recommended time: 36 minutes)
Olive Oyl is a child of the streets. She left her home at the age of 13 and has made her way without
parental support or guidance since then. She is now 15 years old, six months pregnant, and wants to get
married to the father of her upcoming child.
The law of Olive's home State says that no child below the age of 16 may marry without the consent of at
least one of her parents. Olive's parents have refused to give their consent because they disapprove of
Olive's choice of a husband, Popeye, who is 35 years old and an unemployed sailor.
Discuss and decide the constitutionality of the State law as applied to Olive Oyl and Popeye.