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POLITICAL SCIENCE 385

INTRODUCTION TO LAW

Instructions

The following examination consists of three (3)questions, each with multiple subparts.  The points that each question is worth are set forth below the questions.  

Your answers to these questions are to be returned to me at the start of class on 

March 28, 2023.  Answers returned to me after this date will be penalized one-half letter grade for each calendar day they are late.

Your answers must be typewritten (double-spaced, with one inch margins on the left, right, and bottom of the page and a 1.5 inch margin at the top of the page.  Do not use a font smaller than 12 CPI) and returned to me stapled together with a cover sheet that bears your name.  You may discuss the questions with your peers, but the answers are to be your own work product, not the product of a group effort.

The length of your answers will be limited as set forth at the conclusion of each question.  If your answer exceeds the page limitation for that question, I will discontinue reading the answer as of the cut-off point.  The term !ge)s defined as one side of an 8.5 by 11inch piece of paper.

You may consult your text, notes, the cases we discussed in class, and any relevant outside source while preparing your answers to the questions.  However, using long quotations from the texts or the cases as part of your answer is discouraged.

If you have any questions or concerns, please do not hesitate to contact me by phone at 847.254.0273, or by e-mail at mwalsh2@luc.edu

GOOD LUCK!!

Question 1

Does the Constitution contain a right to be forgotten?  Consider that question in light of the following facts.  Bob was arrested for, and convicted of, shoplifting when he was 18.  He paid a small fine and since then, he is now 36, has not committed another crime, nor even gotten a speeding ticket.  Bored with his job as an accountant at a small company, Bob applied for a job as an accountant with the FDIC, the federal government entity that insures deposits in checking and savings accounts.  

The hiring manager likes Bob and offers him a job contingent on passing a credit check and a criminal background check.  The hiring manager consults a government database called Soyouwannaworkforthegovernment.gov (ùwwftgl a database similar to google, and searches Bobàname.  The Sywwftg search brings up an old police blotter from Bobàhometown newspaper that lists those convicted of crimes in the month Bob was convicted of shoplifting.  As a result of this article, the FDIC declines to offer Bob a job.  

Bob then does some research and learns that the Court of Justice of the European Union recognizes something it calls the ©ght to be forgotten. That Court defines the right, generally speaking, as arising out of the idea that oneàprior misdeeds or acts of bad judgment should not come back to haunt you foreverand as a result, people ought to have the ability to remove negative but true references from search engines at some point in time.

Bob retains you (since completing this class you have gone on to law school and are now a practicing attorney) to sue the FDIC for violating his right to be forgotten.  There is no applicable statute (state or federal) on which to base your lawsuit, so your only cause of action, if you have one at all, must arise under the United States constitution.

Which provision(s) of the Constitution, including but not limited to the Bill of Rights, will you use to ground your claim?  Why?  Do you think the United States Supreme Court, in the wake of recent cases like Dobbs, will recognize the ©ght to be forgotten? Why or why not?  If Justices that are more liberal were in the majority, would the Court recognize (e right to be forgotten? Why or why not?

This question is worth forty (40) points

Your answer may not exceed three (3) typewritten pages

Question 2

Assume the state of Anywherepasses a law that prohibits reading criminally accused persons their iranda2ights prior to engaging in custodial interrogation; instead, the statute leaves to the trial judgeàdiscretion to determine whether a confession is given voluntarily.  Trial judges are to consider all the facts and circumstances of the case to make the determination of voluntariness.  

Does the statute violate the 5th Amendment?   Why or why not?  As you resolve that question, consider and resolve the following queries:  Do all the individual warnings officers must read to the criminally accused when facing police interrogation arise out of the language of the Fifth Amendment, or was the Court acting like a legislative body when crafting the Miranda warnings?  Was Chief Justice Warren simply reading into the Constitution what he wanted to see there?  Is it appropriate for the United States Supreme Court to create ²ight line2ules like that found in Miranda?  Or does the Constitution leave those kinds of rules and policies to the states?    

This question is worth thirty five (35)points.

Your answer may not exceed twoand one-half (2.5) pages.

Question 3

Is my syllabus for this course a contract between you and me?  Why or why not (and in answering this question, disregard anything on the Loyola website discussing this issue and, instead, analyze the question based on the concepts we discussed in class and that are found in the textbook and the Lee case)?  Assuming the syllabus is a contract, what kind of damages are you entitled to if we donot cover all the material set out on the syllabus or if I deviate from the syllabus in amaterial manner?  What kind of damages am I entitled to if you do not do all the required reading or turn in all the required assignments?