Flashcards in final Deck (49):
Is free speech expanding or declining?
State institutions can't restrict freedom of speech
What is the first ammendment?
Congress protects freedom of speech
Limits of freedom of speech?
Clear and present danger, fighting words, obscenity, defamation
What is slander?
What is libel?
Commercial speech gets ____ protection; political speech gets ___ protection
Examples of 'expressive conduct' of freedom of speech
Wearing armband, marches, kneeling during national anthem, signs, etc
Public schools have greater protection for first ammendment rights over private schools
Four classes of public property
1. Open public forum
2. "Designated" public forum
3. Limited public forum
4. Closed or non-public forum
Strict scrutiny analysis:
—regulation of speech is necessary to achieve a compelling gov’t interest
--regulation at issue is narrowly tailored/least restrictive to achieve that interest
--regulation of speech is content neutral
Time place + manner restrictions must be content neutral—3 part test—
1. justified w/o reference to content
2. narrowly tailored to serve significant gov’t interest
3. leave ample room for expression of viewpoint in other ways
What is hate speech?
Uses stereotypes that are intended to humiliate or stigmatize protected identities
Goals of on-campus housing
1. Social goals for students away from home
2. Access to extracurricular activities
3. Financial goals
What is a Housing/License Agreement?
1. outlines financial obligation, outlines dates, and terms and conditions of occupancy
2. college’s obligation to provide safe housing, heat, water etc.
3. student’s obligation to abide by rules, pay fees, abide by deadlines, visitation rules
4. outlines college’s rights to move student, expel student from housing, discipline student as consequence for breach of rules
Public colleges are subject to the 4th ammendment
Private colleges are subject to the 4th ammendment
What is a contract?
An agreement creating and defining the obligations between two or more parties
Contracts are enforceable in court
Contract law is different in every state
What are the two types of contracts?
Executed and Executory
What is an Executed Contract?
Contract is formed and performed at the same time. E.G., purchase of a candy bar, contract is performed by both parties at the moment of purchase
What is an Executory Contract?
Contract is formed at one time and performed later
What are the elements of a contract?
- legal capacity of the parties and of the object (aka 18+ and not insane)
- intent to be bound
- offer and acceptance
What is legal capacity?
Being of legal age, being declared mentally competent
What is legality of object?
i.e. gambling, prostitution, sale of contraband, agreement to work for less than minimum wage
What is intent to be bound?
Can be inferred from the completion of formalities (i.e. execution of contract required to be in writing)
What is consideration?
Each party must give something up; mutual obligation
What is estoppel?
Promisor makes a promise, and promisee relies upon promise, and changes his position to his detriment
What is formalities?
Certain contracts must be in writing
Essential terms of a contract
time, price, subject matter
What is an Act of God/Force Majeure Provision clause?
Relate to events outside human control (aka earthquakes, floods)
What is indemnification?
Agreement to be responsible for third parties (aka insurance company)
What makes a contract void?
contract is unenforceable from the beginning or “ab initio”—includes illegal subject matter; impossibility of performance
What makes a contract voidable?
contract with a minor or other person who lacks legal capacity is voidable at incapacitated person’s option
What makes a contract unenforceable?
2. Mistake of fact
4. Undue influence
Two remedies for breach of contact:
2. Specific performance
What are damages?
Making up for what non-breaching party should have received (i.e. make parties whole)
What is specific performance?
order requiring performance by breaching party
What is Title VII of the Civil Rights Act of 1964?
- applies to entities thast affect interstate commerce
- prohibits discrimination in employment on the basis of race, color, religion, national origin and gender
What else does MA law prohibit discrimination on the basis of?
Marital status, sexual preference
What two areas do employers have to offer "accomodations" for?
Religion and Ability
5 types of discrimination claims
1. Disparate treatment; either direct evidence or inference
2. Disparate impact
4. Failure to accomodate (religion or ability)
Two types of harassment
quid pro quo or hostile environment
What is a disability?
an impairment that substantially limits a major life activity
3 elements of a retaliation case
1. protected activity
2. adverse employment action
3. a causal nexus
What is affirmative action?
policies that take race, gender or ethnicity into account in an attempt to promote equality of opportunity and/or increase diversity
Goals of affirmative action:
- remedy past discrimination, either specific (at that institution) or in general
- promote diversity at all levels of society