In 1971, the Supreme Court concluded in Reed v. Reed, 404 U.S. 71 (1971) that an Idaho law that discriminated against women was unconstitutional under the

In 1971, the Supreme Court concluded in Reed v. Reed, 404 U.S. 71 (1971) that an Idaho law that discriminated against women was unconstitutional under the Fourteenth Amendment. Before this case, no court had ever made such a ruling.  Two other key Fourteenth Amendment cases from the 1970s concerned jury duty for women: Taylor v. Louisiana, 419 U.S. 522 (1975) and Duren v. Missouri, 439 U.S. 357 (1979).

Given those cases, apply what you have learned to this hypothetical situation regarding your law firm’s client, Keiko.

Keiko and her husband TJ jointly own a farm and home in Arkansas. A law in their home state grants husbands the authority to sell the property without the wife’s consent. That law (Ark. Code 987.zyx) provides:

“The husband is the head and master of the partnership or community of assets (property and money); the husband can sell and use the revenue which any asset produces, without the consent and permission of his wife.”

Keiko recently left TJ because he was verbally and physically abusive to her and their minor son, Buddy.

Your supervising attorney (Will Freeman, under his signature) has asked you to write the first draft of a client letter to Keiko addressing the following: 

1.  TJ decided the farm was no longer profitable and it was time to sell it. Can he do so without Keiko’s consent?

2.  In what types of cases will the court use a strict scrutiny analysis, intermediate scrutiny analysis, or a rational basis review? Which level review is appropriate for Keiko’s case?

3.  Apply a Fourteenth Amendment legal analysis to determine whether this law is constitutional. Research other cases to support your analysis. What was the court’s approach and reasoning regarding equal protection? How do you think it applies to Keiko and TJ’s situation? Based on your analysis, do you think Keiko should pursue litigation? If she does not want to litigate, what other solutions are possible?

4.  Shepardize one of the cases noted above and find a subsequent case to support your analysis and conclusion. (Identify which of the three cases you Shepardized, as well as the facts and holding of the new case you found.)  

5.  After you conclude the letter to Keiko, address the following: 

     a.  What are the implications of what you have learned as a result of analyzing this hypothetical scenario and its relationship to the historical evolution of Fourteenth Amendment law? (As you reflect on this, focus on legal and societal perspectives within their respective historical contexts, not applying a modern lens to older time periods. But you can use the old points of view to make informed reasoning within the contemporary contexts.)  

     b.  What challenges did you discover, including how society was, is, or could be affected? How have or could the challenges be overcome? Has (or can) technology be used to make improvements? Why or why not?

Please be sure to provide appropriate citations to your cases and other sources.

Share This Post

Email
WhatsApp
Facebook
Twitter
LinkedIn
Pinterest
Reddit

Order a Similar Paper and get 15% Discount on your First Order

Related Questions

“Officer body-worn cameras (BWCs) are relatively small devices that record interactions between community members (e.g., the public, suspects, and victims)

“Officer body-worn cameras (BWCs) are relatively small devices that record interactions between community members (e.g., the public, suspects, and victims) and law enforcement officers. The video and audio recordings from BWCs can be used by law enforcement to demonstrate transparency to their communities; to document statements, observations, behaviors, and other

Briefing a case is the activity of summarizing a court opinion. A paralegal’s job revolves around writing. A paralegal will draft numerous documents

Briefing a case is the activity of summarizing a court opinion. A paralegal’s job revolves around writing. A paralegal will draft numerous documents including: correspondence with clients and other attorneys, memoranda, discovery requests, and legal pleadings. Most of the paralegal’s written documents will incorporate the law. A paralegal must have

Qualitative methods research paper  Parenting Styles and Child Development related to crime  • Analyze different parenting approaches and their perceived

Qualitative methods research paper  Parenting Styles and Child Development related to crime  • Analyze different parenting approaches and their perceived impact on child behavior and development. How it can be involved with why people commit crimes when they are older  -topic and workable approach  -workable approach  -literature review list (10

Qualitative methods research paper  Parenting Styles and Child Development related to crime  • Analyze different parenting approaches and their perceived

Qualitative methods research paper  Parenting Styles and Child Development related to crime  • Analyze different parenting approaches and their perceived impact on child behavior and development. How it can be involved with why people commit crimes when they are older  -topic and workable approach  -workable approach  -literature review list (10

Choose one transnational crime group (historic or current) and describe its (in no particular

Choose one transnational crime group (historic or current) and describe its (in no particular order):  History/Objectives Location/Geopolitics Economy/Funding Organization/Logistics Effect on the host state Cooperation with terror groups (if applicable) Include a conclusion listing the problems your group causes/caused. Be sure to cite sources/facts/statistics/information, and use headings to separate the

Exposition Instructions Objective: Imagine you are at an interview, networking session, conference, or another similar professional event. You want to

Exposition Instructions Objective: Imagine you are at an interview, networking session, conference, or another similar professional event. You want to share a meaningful message with an audience about a complex concept we discussed in this course that you found especially important or interesting; however, your audience may be unfamiliar with the

Please answer both of the following Discussion Questions:  Class,As identified by research regarding both traditional and online education, higher forms of

Please answer both of the following Discussion Questions:  Class,As identified by research regarding both traditional and online education, higher forms of learning take place when students are able to take an active part in curriculum development.Subsequently, this week the questions are a bit different from those weeks before and after.Rather