How do class-and sex-discriminations matter

Assignment Help Business Law and Ethics

Reference no: EM133512014

Questions:

1. Feminists, according to conservatives, want to redistribute power from the "dominant" class (the male patriarchal system) to the "subordinate" class (nominally women, but actually only the feminists). What data support this division-that men are the "dominant" class, women the "subordinate" class?

2. According to conservatives, feminists call for adherence to the "unreasonable woman" rule, allowing the victim rather than the law to define the offense. Explain.

3. Skeptical scrutiny provides an unprecedented degree of legal protection to individuals-without regard to the needs of society or civilizations itself. Explain this assertion in reference to the VMI case.

4. Theodore Olsen, representing VMI before the Supreme Court, argued that the VMI style of education (adversative boot-camp methods) benefits certain males who do not compete as well in coed college settings. What do you think this statement means?

5. VMI's adversative system of education is described as both "doubting" and "confrontational." How can this be so? Explain.

6. Intermediate scrutiny recognizes interference or discrimination on the basis of suspect classifications-sex or illegitimate birth, for example. Government action in such a case must be no more extensive than necessary. Explain how this statement applies in the VMI case study.

7. Equality provides no guarantees; it only provides access. Affirmative action-without pathways to achievement-is limited. Even when denials to access based on sex no longer exist, achievement may remain a challenge. Explain this from the perspective of women attending VMI.

8. The U.S. Supreme Court has a nonlinear record regarding affirmative action-related cases. No strong consensus exists, and the constitutional stalemate is continuing. How did the internal demands of VMI prompt new breakthroughs-if there were any? Explain.

9. Should admittance to VMI be based on the criteria of class-but not sex or race? How do class-and/ or sex-discriminations matter? Explain.

10. Justice Felix Frankfurter said, "The history of American freedom is, in no small measure, the history of procedure." Explain and illustrate.

Reference no: EM133512014

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