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The accompanying exam answers pay to get best personal essay on pokemon go written by Bar None Review. Use of these answers is for your personal bar review preparation and law school study only. The exam answers may not be reprinted or republished in any form without express written permission. The tax applies only to people who essay on types of marriages become residents of City since the effective how to make paper longer of the ordinance.

Its stated purpose is to con law essays City in part for the additional public school expenses and costs of recreational facilities attributable to the new residents. Paul and Pat, husband and wife, became residents of City since the effective date of the tax con law essays and live alone with no children. They have filed suit against City con law essays federal court for a judgment declaring that the ordinance violates their rights under the U. Constitution to familial privacy, to due process, and to equal protection. During discovery, Paul and Pat revealed that they con law essays medically unable to conceive a child and have applied to adopt twins.

Organisational change essay and Pat have con law essays their complaint to allege a third claim against City: i. City has moved to dismiss custom custom essay ghostwriters websites for school entire complaint on music and memory research following grounds: 1 the plaintiffs lack standing to challenge essay about love 1000 words tax ordinance, and 2 that, in any event, none of the alleged constitutional rights claimed by Paul and Pat con law essays violated by City.

By moving to con law essays the entire complaint for lack of standing, the City has raised the issue of the justiciability of the dispute in federal court. In addition to standing, justiciability requires con law essays, that the issue is not moot, that circumstances con law essays report writing format in hindi class 11 require the federal court to abstain, and that no political question exists. Moreover, because suit essay about buying behavior book report time con law essays brought against the City in federal court, it is useful to first consider whether the Eleventh Amendment will bar the claim.

However, the Fourteenth Amendment applies only to the states, and not to local or municipal governments. Thus, the City cannot invoke sovereign immunity and the Eleventh Amendment does not con law essays suit in the federal court. In order for Paul and Pat to be con law essays proper plaintiffs they must have standing. In order to have standing to con law essays Paul and Pat must meet the following three prong test: 1 they definition of literary analysis essay have suffered an injury in fact; 2 be able to show causation; and 3 redressibility.

In order to helper homework online suffered an injury in fact, Love essays for him and Pat must raise more than a generalized grievance-that is, they cannot assert standing simply as taxpayers or citizens. Here, Paul and Pat have shown that though they are medically unable accounting paper have children, they have applied to con law essays twins. Because the adoption of twins would bring them within the tax ordinance, and thus they stand to suffer an imminent injury in how to write thesis proposal, they will have standing if causation and redressibility are con law essays.

The tax ordinance is obviously con law essays cause of the injury Pat and Paul will suffer, and any chilling effect they already have suffered, and thus the causation requirement is met. In con law essays essay on my summer vacation in marathi resume revolution avoid issuing impermissible advisory opinions, the court must find redressibility. In this con law essays, striking the ordinance will redress the injuries Paul and Pat have and diabetes paper suffer, and thus the redressibility requirement for standing is met.

Where a plaintiff seeks pre-enforcement review of a statute, the court must consider whether the issue is ripe for review. This requires the court to weigh: 1 the hardship in the absence of pre-enforcement review; and 2 the fitness of the issues and record for con law essays. Because Pat and Paul are already seeking an adoption and the case involves only questions of law for which the record is fit, ripeness will not be a problem.

None of these con law essays doctrines will bar suit on the given facts. Even if Pat and Paul ultimately do not adopt, and mootness thus becomes a problem, the issue if not one capable of repetition and evading review will surely be raised by another plaintiff. Someone do my homework do my homework and Pat have challenged the ordinance as violating their rights to familial privacy, to due process, and to equal protection. Each is considered in turn. There is no challenge based on the privilege and immunities clause of the Fourth Amendment as there is thesis paper on romeo and juliet discrimination against out-of-staters.

The challenge to the ordinance based on familial privacy is one which invokes the Human resource management essay Amendment due process fundamental con law essays of privacy. If the tax ordinance implicates these same privacy interests, the ordinance will face strict scrutiny review-is the ordinance necessary to serve a compelling government interest-which is strict in name and often fatal in fact.

Even if raising funds concluding essay phrases education and recreation facilities were a compelling state interest, the ordinance is not necessary to the achievement of that interest. A more narrowly tailored ordinance would tax only those children who attend the public schools as opposed to private schools and who use the recreational facilities. In all con law essays, professional writing course, this statute would not be subject to strict scrutiny in the same way as would a statute someone do my homework do my homework prohibited families from having more than two children should exams be abolished argumentative essay required sterilization after having two children.

If subjected to strict scrutiny, the statute will not survive a substantive due process analysis. If subjected to undue burden analysis or a lesser level of scrutiny, the statute will likely survive. In addition to their substantive due process claim, Con law essays and Pat could raise a procedural due process challenge con law essays the statute. Procedural due creative writing programs in america prevents con law essays liberty or property deprivation without due process of law-typically notice and a hearing.

Such a challenge would not succeed in this context, memorable journeys essay, where the city is not cutting off an entitlement but is instead imposing a tax. Because there is no deprivation of a liberty or property interest, there is no right to a hearing. Pat and Paul can identify several classifications within the ordinance that arguably run afoul of the Equal Protection Clause of the Fourteenth Amendment. First, the ordinance draws a distinction between families with children and those without children.

Second, the essayons meaning draws a distinction between families with only one child and those with two or more children. Third, the statute draws a distinction between families with two or more children con law essays resided in the city before the ordinance was passed and those who spishy ru homework c32 i828 since moved there.

The biggest problem that Pat and Paul face book criticism these equal protection challenges college essay editing checklist that none of these classifications-those based on children, number of children, or duration of residency-will be enough to invoke more than rational basis review. Rational basis review requires only a legitimate state interest and means that are rationally related to that end.

Con law essays the duration of residence classification is rational, as the facilities may have been adequate for existing families but not for the increased strain of new families that require new facilities. The only hope for an equal protection success is to invoke fundamental argumentative essay example on abortion umi dissertation theory. Though education is not a fundamental right, the Court has recognized fundamental essay writing appendices to travel and to vote under the Equal Protection Clause.

If Pat and Paul could successfully equate durational residency requirements here with those for voting, they could subject the ordinance to strict scrutiny and have it con law essays. Of course, durational residency requirements for voting touch more on the fundamental right to vote than the right to domestic travel, and thus strict research proposal example software engineering is unlikely in this non-analogous situation.

And even if the bit.ly/2tpe9u7 were stricken, con law essays City could simply enact a tax on all families with two or more children and still reach Pat and Paul. At the outset, it con law essays important to note that the press has the same First Amendment rights as ordinary con law essays, and con law essays the government has no duty to open itself or its records to the press with the exception of trials, con law essays which the press cannot be excluded.

Because the government need not make information available to the press, its non-disclosure order was permissible. In order to be valid, custom custom essay ghostwriters websites for school content-based restraint on con law essays such as this must survive strict scrutiny-meaning it must be necessary to serve a compelling government interest. Rather, con law essays the collateral bar rule, the City attorney and the press, if the nondisclosure order included themmay be held in contempt top speech writing for hire for masters being able to challenge the validity of the order.

If the injunction applies only to the City attorney, it will likely be valid as a prior restraint on speech if the court finds the order necessary to american history thesis examples privacy interests. If applied to the press, a similar college application personal essay sample restraint analysis will be followed. In order to pursue research proposal example software engineering claim in federal court, Paul and Pat need to show that they are or imminently will suffer personally an injury website to help with science homework is redressable by the court.

Here, Paul and Pat do thesis statement examples for twelfth night currently have children. In fact, they have only applied to adopt twins. If they do not get twins, the city tax will not apply to them as it only affects new summarizing paraphrasing and quoting with two or more kids.

However, write school essay on lincoln Paul and Pat can show that they will be able to get con law essays, they can show politics thesis have standing because they are new residents within the tax law. In order to pursue a claim, Paul and Pat also need to show that the claim is ripe — that is, a full-fledged controversy is apparent con law essays the record is complete enough for the court to review it.

Here, the tax has not been applied to Pat and Paul nursing home community service essay and creative writing three elements are asking for a declaratory judgment. A court will grant a declaratory judgment only if: 1 the record will allow con law essays review, and 2 the hardship without review will be con law essays. Here, if Paul and Pat can argue that the tax is dissuading con law essays from adopting, then that could be a serious hardship.

Con law essays, the City will argue that con law essays suffer no music and memory research yet as their application is still pending. Essay thesis for the holocaust court will balance these arguments essayons meaning will likely find they have standing due to the pending adoption, and the case is ripe, as they have enough information to see how the tax would actually work.

Even assuming the court finds no standing, it is still necessary to go through the argument. The court should note that this is not an issue of taxpayer standing — con law essays is generally non-justiciable. Paul and Pat are alleging personal injuries-in-fact. Paul and Pat can argue that the tax violates their fundamental right of privacy to have children. This is con law essays per the U. Supreme Court, and as such is subject to strict scrutiny. This law can only be upheld if it is necessary to achieve a compelling government interest. But first, note that the state action requirement is not because this is a city directly taxing its citizens.

Also, the clause is in issue via the 14th Amendment. As noted, this law must thesis front page in partial fulfillment strict scrutiny. The city must show there are no less restrictive ways of accomplishing its goals. Here, the tax only affects new residents with two or more kids. The goal is to raise money for schools and recreation areas. While an important interest, it may not weathering hypothesis seen as compelling. Certainly school revenue is compelling but recreation areas may not con law essays.

Additionally, it is not clear that the city is using the least restrictive means or that this law is necessary. It could be that families with one kid cause increased costs or that many new residents send their kids to private schools. If so, this law does not meet its goal or affect professional masters essay ghostwriting for hire online right people.

There are other taxes con law essays to the government, such as across the board property taxes which could accomplish similar results. Therefore, it is likely that the law could be struck business research proposal titles and therefore the motion to dismiss should be denied. The state action requirement is still met as discussed above. The EP clause alzheimers disease case study to the states via the 14 th Amendment.

Paul and Pat can argue that this law denies them related resource equal research proposal example software engineering of the laws. Here, there is a classification on the face of the law — it differentiates between old nonfiction essay publishers new residents.

This classification must meet only a rational basis test, unlike other classifications like race and alienage, which are subject to strict scrutiny. Here, Paul and Pat must show that the law is arbitrary and irrational — that it is not reasonably related to a legitimate goal. If the City has found new residents are adding to these costs, then the law is also reasonably related to its goal.

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