INSTRUCTIONS

1. You have one (1) hour and forty-five (45) minutes to complete this exam.

2. This is a closed book exam.

3. The exam consists of one (1) essay question only.

4. Please answer the question in the blue books provided to you. Write on every other line and every other page to permit instructor comments. Please write clearly.

5. Write your exam number on your exam envelope. Put your student exam # at the top of this page, each page of questions, and each blue book. Do not use your name, student ID number or Social Security Number on any exam materials.

6. At the conclusion of the exam, return all exam materials to the exam envelope and submit it to the proctor. Do not seal the envelope. Students who do not return all exam materials at the end of the exam may not be graded.

GOOD LUCK!

To: My law clerk
From: Rhoda Ruin, Esq.

My client, Trey Parker (P), is the developer and sole owner of SouthParkLand, (SPL) a 100-acre theme park in Cartman County, Colorado (CC). The County granted Parker a building permit to construct the park. The County also granted Parker a 5-year exemption from County property taxes, to make the project financially feasible for Parker. The County hoped to reap substantial property taxes after the 5 years.

SouthParkLand has rides (The KennyKoaster, Kyle’s Klimb, etc.), restaurants (Mr. Hanky’s Hangout, etc.), shops (Chef’s Chotchkas, etc.), and the usual facilities (streets, restrooms, a first-aid station). It also has a 50-room hotel for guests and a 10-room lodge to house some park managers. Parker employs 200 people (including unarmed private security guards) to run the park. When needed, however, Cartman County police, fire, and emergency medical units are called in to help deal with sick, injured, or criminally-inclined guests or staff.

Parker’s personnel policies provide that:

Any employee who commits adultery (sex by a married person outside of marriage) with any other employee shall be fired. No person shall be hired who is the spouse of an employee of SPL. These policies are intended to discourage favoritism and friction among SPL staff.

Alice (A) is married to Fred. Alice has worked for SPL for 8 months, on a one-year contract that includes the above personnel policy. Parker’s assistant (Stan) told Parker that Alice had been having sex with another married SPL employee. Parker asked Alice if this was true, and Alice denied it. Parker said he believed Stan, because Stan had worked closely with Parker for several years. Parker then fired Alice on the ground of adultery.

Alice sues in Colorado state court for an injunction compelling Parker to put her back on his payroll, claiming that his actions violate the Due Process Clause of the 14th Amendment. How will the court rule?

END OF EXAM