推 abacada:done~ 06/21 18:10
課程名稱︰英美法導論
課程性質︰法學組必選
課程教師︰張文貞
開課學院：法律學院
開課系所︰法律學系
考試日期（年月日）︰2008/06/16
考試時限（分鐘）：48 hours exam
是否需發放獎勵金：是
（如未明確表示，則不予發放）
試題 :
1.(60%)Suppose:
Secretary of U.S. Department of Education initiated a program to set aside
0.1% of its annual budget as special grants for children from gay and lesbian
family to help them deal with all form of discriminationa against them. This
idea was accepted by several congressmen, and later, the budget bill was
approved. Mr. Winston, the leader of "the society for a religious America",
was very much offended by this government action and decided to bring a
taxpayer suit. He argued that this congressional spending was in violation of
the Federal Constitution as it violated the first Amendment (Congress should
make no law respecting an establishment of regligion) as well as the
fourteenth Amendment (Congress privileged homosexuals and violated
heterosexual's equal protection of rights.) Before filing the taxpayer suits,
Mr. Winston would like to seek legal advice.
If you were the lawyer that Mr. Winston seeks for advice, what would you
respond to him? Can Mr. Winston file a taxpayer suit? To which court, fedreal
or state? Does he have standing to sue?
2.(40%)Suppose:
Connecticut passed a law by public initiative and referendum that
prohibited gay and lesbian marriage. Lisa and Mary, a long-term lesbian couple,
both work at Yale University. They were very upset about this legislation and
thought that people voted against gay marriage simply because they had not
understood lives of gays and lesbians. If they would have know and discussed
more, they would not have voted against gay marriage. Hence, Lisa and Mary
decided to challenge this state legislation at the federal court on two grounds
:1)this state prohibition of gay marriage violated right of privacy guaranteed
by the Federal Constitution, and 2)the fact that the majority used a public
vote to infringe minority rights was a violation of the Guarantee Clause
(Sec.4, Art 4 of the Federal Constitution).
Before filing their litigation, Lisa and Mary would like to seek legal
advice. If you were the lawyer that they seek for advice, how would you respond
to them? How would you analyze the two grounds (right of privacy, Guarantee
Clause)for them?
Answer the above two questions in typed sheets that must exceed 1000 words.
Specify word count in the beginning of your answer sheets. Return your answer
to the box before the office of Professor Wen-Chen Chang (Room 420, Research
Building) by 4pm, Wednesday June 18, 2008. No extension would be granted.
Enjoy! Have a great summer!
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