LSTD 510 3-1 EQUAL PROTECTION

This Owlisdom, LSTD 510 3-1, is an equal protection assignment dealing with legal advice for a client in the context of a Fourteenth Amendment equal protection analysis. In this case students are presented with a fact pattern in which a state law gives a husband the right to sell marital property without the wife’s consent. You will learn about the key legal principles underlying scrutiny levels, relevant case law and legal strategy. However, this guide will assist you to structure your research and analysis.

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

Understanding the Legal Scenario

• Can TJ sell the property without Keiko’s consent under Utah Code 987. zyx? Discuss the issue of Equal Protection in LSTD 510 3-1.

Example

I pray that you are well. I know how hard that is so I want to give you a comprehensive legal advice in that regard related to you and TJ with your farm.

Under the current Utah Code 987. zyx, in theory TJ can sell the farm without your consent because, under the current Utah Code, a husband can control and dispose of community property alone. It appears, however, that this provision would be in conflict with hard won principles set out in many landmark cases, including Reed v. with comprehensive legal advice regarding your situation with TJ and the ownership of your farm

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

Scrutiny Levels in Equal Protection Cases

• Describe the LSTD 510 3-1 Equal Protection levels of scrutiny and which level of scrutiny applies to the case of Keiko.

Example

Equality cases heard by courts when applying the Equal Protection Clause are evaluated according to one or the other of the three scrutiny levels (rational basis, intermediate scrutiny or strict scrutiny), determined by the nature of the defined classification. Gender based classifications, however, typically receive intermediate scrutiny, which means that the government has to show that it has a significant government interest that is served only by a way that is substantially related to that interest. Were your circumstances to prompt such scrutiny, it would find it justifably supported by the state statute you are drawing constitutional red lines about.

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 that it applies to Keiko and TJ’s situation?  

Fourteenth Amendment Legal Analysis

• Study and discuss of Fourteenth Amendment LSTD 510 3-1 Equal Protection relevant research cases.

Example

When looking at the Fourteenth Amendment, there are similar cases that indicate the law with which you are concerned may well be unconstitutional. Reed the Supreme Court held that it does not accede to gender classification without reason and this principle was extended in cases such as Craig v.nal. In Reed v. Reed, the Supreme Court rejected arbitrary gender-based distinctions, and this principle was further supported in cases like Craig v. Boren. Additionally, in Taylor v. The United States Supreme Court in Taylor v. Louisiana, 1979, decided that to exclude women systematically from serving on the jury deprived the defendant of a right to a jury drawn from a fair cross-section of the community which is guaranteed by the Sixth Amendment. Louisiana, n.d.). Furthermore, in Duren v. In Missouri, the Court declared a statute that resulted in striking women from juries and, therefore, left women underrepresented on juries as unconstitutional (Duren v. Missouri, n.d.). Thus, it is possible to conclude what enabling these decisions Utah Code 987. As such, ZYX may not compliant with the constitution as it provide for differential treatment on the basis of the gender.

 

Based on your analysis, do you think that Keiko should pursue litigation?  If she does not want to litigate, what other solutions are possible?

Applying Case Law to Keiko’s Situation

• Using the LSTD510 3-1 Equal Protection from the researched cases, analyze the constitutionality of Utah Code 987. zyx.

Example

In fact, taking a step back to look at this analysis, if TJ were to actually go ahead and sell the farm without your consent, pursuing any sort of litigation might actually be a realistic option. The courts may feel this law is outdated and discriminatory, and will advocate for your rights to equal treatment and decision making when it comes to marital property. Litigation is just too daunting, alternative dispute resolution mechanisms, such as mediation will often offer an alternative. If you give it a chance, it might offer a way to tackle your just claims to the property so that you get a settlement in a way that does not involve a fight with TJ.

Shepardize one of the abovementioned cases and find a subsequent case to support your analysis and conclusion. (Identify which of the three instances you Shepardized and the facts and holding of the new case you found.)  

Shepardizing Cases

• Shepard’s Citations to LSTD 510 3-1 Equal Protection should be used to give you a further case to support your conclusion.

Example

After Reed v., I have reviewed subsequent cases.To do this Reed ensures our approach aligns with the most current legal standards.Finally, (Sessions v. Morales-Santana, 2017) reaffirmed the Supreme Court’s position that laws imposing gender based distinctions must be subject to a stringent scrutiny standard, and recent arguments against Utah Code 987.zyx used this case to bolster their position.

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, consider especially 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.)

Implications and Reflections

• Examine the historical development of Fourteenth Amendment law and LSTD 510 3-1 Equal Protection and how it flowed into gender equality.

Example

Considering this situation and the historic development of Fourteenth Amendment law it is clear how essential the judicial interpretation has been in the furthering of gender equality. The once fluid ideas about gender roles, now renders them as rigid and fixed in older versions, but in the modern versions, any legal distinction based on gender, unless for a rigorous reason, is a show of unfair treatment. This is where the difficulty lies in taking these legal precedents and putting them into daily practice — it also shows there is a resistance to change and it’s very hard to uproot entrenched biases. Gender roles historically have been viewed, too often, through a lens that envisioned unequal treatment as justified, but modern legal interpretations are slowly remaking these norms into demands for equality and fairness.

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?

Challenges and Solutions

• Discuss LSTD 510 3-1 Equal Protection challenges and their potential solutions, and the role of technology.

Example

But technologically, there is a supportive role to be played in overcoming these challenges by platforms that raise awareness, educate on legal rights, and facilitate access to legal resources. Virtual legal consultation and online support group are good examples of such important support and empowerment. But we have to be careful at the same time to be not just reliant on technology, … but also to make sure that the digital tools we’re using are accessible and are reaching those people who are the most in need of empowerment and support. But it’s paramount that we overcome the digital divide, and use technology ethically and inclusively.

Conclusion

Recall the main points of LSTD 510 3-1 Equal Protection and why is equal protection critical in avoiding discriminating women and girls? If you ever choose to dispute the applicability of Utah Code 987? zyx in the following module of LSTD 510 4-1, US Constitution And The States Should, you will be able to have our great team ready for a legal representation with appealing and reasonable arguments supported by legal precedent. Presentation, drawing on precedent and advocating for a fair and just interpretation of the law in line with constitutional protections. Kindly communicate to us your preferred action plan therefore the right process can be initiated.

References

Billy J. Taylor, Appellant, v. State of LOUISIANA. (n.d.). LII / Legal Information Institute. Retrieved June 22, 2024, from https://www.law.cornell.edu/supremecourt/text/419/522

Duren v. Missouri, 439 U.S. 357 (1979). (n.d.). Findlaw. Retrieved June 22, 2024, from https://caselaw.findlaw.com/court/us-supreme-court/439/357.html

Sally M. Reed, Appellant, v. Cecil R. Reed, Administrator, etc. (n.d.). LII / Legal Information Institute. Retrieved June 22, 2024, from https://www.law.cornell.edu/supremecourt/text/404/71

Sessions v. Morales-Santana. (2017). https://www.supremecourt.gov/opinions/16pdf/15-1191_2a34.pdf