WEBQUEST

                            

UNITED STATES vs. VIRGINIA

                       

                       COLUMBUS HIGH SCHOOL

          MR. M. NEYEN—SOCIAL STUDIES INSTRUCTOR

 

 

 

 

INTRODUCTION:

 

AFFIRMATIVE ACTION HAS BEEN A PART OF THE AMERICAN LEGAL SYSTEM SINCE THE 1970s. ITS ORIGINAL INTENTION WAS TO CORRECT PAST INJUSTICES FOR THOSE WHO HAD SUFFERED FROM DISCRIMINATION. HISTORICALLY, WOMAN, BLACKS, HISPANICS AND OTHER GROUPS HAD BEEN DENIED EQUAL ACCESS TO THE AMERICAN DREAM OF DEMOCRACY AND EQUAL OPPORTUNITY AND EQUAL OPPORTUNITY.  DISCRIMINATION BY RACE, CREED OR PLACE OF ORIGIN IS CLEARLY FORBIDDEN BY THE AMERICAN CONSTITUTION.  MANY HAD TO EXIST ON THE LOWEST RUNG OF THE SOCIO-ECONOMIC LADDER, SOLELY BECAUSE OF THEIR ETHNICITY OR GENDER.  THE PUBLIC POLICY OF AFFIRMATIVE ACTION WAS A SYSTEMATIC APPROACH TO DEAL WITH LONG-TERM DISCRIMINATION IN EMPLOYMENT AND EDUCATIONAL OPPORTUNITIES.  THERE HAVE BEEN THOSE WHO FEEL THAT AFFIRMATIVE ACTION IS MORALLY, LEGALLY, AND ETHICALLY VALID.  IT IS A WAY TO EQUALIZE THE PLAYING FIELD FOR THOSE SEEKING THE “AMERICAN DREAM”.  THERE ARE OTHERS WHO STRONGLY BELIEVE THAT AFFIRMATIVE ACTION IS A FORM OF REVERSE DISCRIMINATION AND GIVES AN UNFAIR ADVANTAGE TO THOSE AMERICANS WHO ARE AFFORDED PRIVILEGES BECAUSE OF THEIR BACKGROUNDS. THE OPPONENTS OF AFFIRMATIVE ACTION FEEL THAT THIS POLICY IS A CLEAR VIOLATION OF THE LETTER AND SPIRIT OF THE CONSTITUTION.

 

THE CASE YOU WILL EVALUATE IN THIS WEB QUEST DEALS DIRECTLY WITH THIS DILEMMA.  YOU WILL HAVE TO CRITICALLY THINK AND MAKE A LEGAL DECISION.

 

CONSIDER THIS SCENERIO FOR YOUR WEBQUEST

 

 

 

 

 

 

 

A TRADITIONAL ALL-MALE MILITARY INSTITUTE HAS A STRICT ADMISSION POLICY FOR MALES AND THE TOTAL OMISSION OF WOMEN FROM ITS INSTITUTION.  FOR MORE THAT 100 YEARS THE VIRGINIA MILITARY INSTITUTE WAS A MODEL OF HONOR AND PRIDE FOR ITS ALL MALE CADETS.  IT WAS ONE THE FEW MILITARY INSTITUTION THAT REMAINED ALL-MALE, WHILE OTHERS HAVE LIBERATED THEIR GENDER-SAME ADMISSIONS (WEST POINT FOR EXAMPLE) TRADITION. IN THE PAST MANY CHALLENGES TO THIS ADMISSIONS POLICY HAD BEEN ATTEMPTED WITHOUT INVOLVEMENT WITH THE FEDERAL COURTS.  IN THIS CASE, ONE YOUNG FEMALE WENT TO THE SUPREME COURT TO SEEK ADMISSION INTO THE INSTITUTE.  YOU ARE THE JUDGE IN THIS CASE.  IT IS YOUR CRITICAL TASK TO DECIDE ON THE LEGALITY OF THE ADMISSIONS POLICY OF THE INSTITUTE.  YOUR JUDEGEMENT WILL CHANGE THE FUTURE OF THIS INSTITUTION AND OTHER GENGER ONLY INSTITUTIONS ACROSS AMERICA.

 

                                    GOOD LUCK!!!!!

 

TASK:       

YOUR TASK WILL BE TO COMPLETE THE FOLLOWING:

 

  1. A POSITION PAPER OF A MINIMUM OF FIVE TYPEWRITTEN PAGES
  2. THE PAPER WILL USE THE RESOURCE INFORMATION YOU HAVE GATHERED FROM USING COMPULEGAL AS IT IS DESCRIBED IN THE “PROCESS”
  3. THE PAPER MUST CONTAIN A BIBLIOGRAPHY OF A MINIMUM OF THREE INTERNET SOURCES.  YOU SHOULD USE OUTSIDE TEXT MATERIAL AS WELL
  4. THE PAPER WILL INCLUDE A DISCUSSION OF THE CASE UNITED STATE v. VIRGINIA. YOU WILL NEED TO DISCUSS THE FACTS IN THE CASE, OPINIONS OF THE JUDGES AND THE CONTROVERSIAL POINTS EXPOSED IN THIS ACTION. YOU WILL DO THIS USING COMPU-LEGAL.
  5. YOU ALSO MUST INCLUDE HISTORICAL TEXT MATERIAL AS BACKGROUND FOR YOUR DECISION. YOU MAY USE THE WOMEN MOVEMENT AND OTHER SIGNIFICANT SOCIAL EVENTS.
  6. YOU WILL THEN WRITE YOUR OPINION ACTINT AS JUDGE IN THE CASE.  YOU DESCRIBE THE ACTION THAT SHOULD BE TAKEN BY THE COURT IN RELATION TO THE INSTITUTION DESCRIBED IN THE “INTRODUCTION”.  THIS WILL DETERMINE THE VALIDITY OF AFFIRMATIVE ACTION IN AMERICA.

 

 

 

PROCESS       

 

  1. YOU WILL DIVIDE UP INTO GROUPS OF FOUR TO COMPLETE THE PAPER IN THE TASK
  2. YOUR GOAL IS TO EVALUATE THE CASE DESCRIBED IN THE “INTRODUCTION”
  3. HOWEVER TO DO THIS, YOU MUST FIRST EVALUATE THE CASE “UNITED STATES vs. VIRGINIA”
  4. UNITED STATES vs. VIRGINIA WILL  BE ANALYZED USING COMPU-LEGAL AS FOLLOWS

 

CLICK ON THE FOLLOWING LINKS TO COMPLETE THE TASK

 

A)    RESEARCH THE FACTS IN THE CASE

READ HOW TO DO INTERNET RESEARCH FOR COMPUL-LEGAL

                 

B)     ANALLYZE THE FACTS IN THE CASE-FILL IN THIS FORMAT

 

C)     FAMILIARIZE YOURSELF WITH THE GLOSSARY OF TERMS

 

D)    COMPLETE THE REASONING GUIDE IN THE CASE USING THE TEMPLATE FOUND ON THIS LINK TO FIND PRECEDENTS AND OTHER INFORMATION.  THE LINKS ARE LISTED ON THIS SITE FOR YOU TO RESEARCH

 

E)     LOOK AT THE ACTUAL DECISION

 

  1. NOW YOU HAVE ENOUGH INFORMATION TO SUMMARIZE THE UNITED STATES vs. VIRGINIA CASE FOR YOUR TASK PAPER

 

  1. APPLY THIS CASE TO THE HYPOTHETICAL CASE IN THE INTRODUCTION

 

  1. NOW YOU CAN WRITE AN OPINION ON THE LEGALITY OF AFFIRMATIVE ACTION

BE SURE TO INCLUDE A DEFINITION OF AFFIRMATIVE ACTION

 

  1. INCLUDE IN YOUR DISCUSSION THE FUTURE OF AFFIRMATIVE ACTION IN AMERICA

INCLUDE IN THIS PART OF THE PAPER THE SIGNIFICANCE OF THE TITLE VII CIVIL RIGHTS ACT OF 1964, AND THE SIGNIFICANCE OF THE CREATION OF THE EE.

 

  1. DISCUSS THE VALUES AND ETHICS THAT ARE REFLECTED BY THOSE WHO WANT AFFIRMATIVE ACTION AND THOSE WHO OPPOSE IT.
  2. INCLUDE A PARAGRAPH ON THE EFFECT OF AFFIRMATIVE ACTION ON RACE RELATIONS IN AMERICA

 

11. UTILIZE THE RESOURCES LISTED BELOW TO COMPLETE YOUR PAPER

THESE ARE PRECEDENTS AND OUTSIDE SOURCE INFORMATION ON AFFIRMATIVE ACTION

 

  1. UTILIZE “ASK A LEGAL EAGLE” FOR QUESTION YOU MAY

 

 

 

RESOURCES    

 

                        PROJECT LEGAL-www.Maxwell.sry.edu/plegal/tips.html

                        ASK-A-LEGAL EAGLE

                        TITLE VII OF THE CIVIL RIGHTS ACT OF 1964

                        CASE-REGENTS OF THE UNIVERSITY OF CALIFORNIA v. BAKKE 1978

                        CASE-WYGANT v. JACKSON BOARD OF EDUCATION (1986)

                        CASE-PISCATAWAY v TAXMAN

 

 

RUBRIC

 

                             STUDENTS WILL BE EVALUATED USING

                             FOLLOWING RUBRIC:

 

GRADE OF A

 

  • SHOWS THOROUGH UNDERSTANDING OF THE TOPIC
  • ADDRESSES ALL ASPECTS OF THE TASK
  • SHOWS ABILITY TO ANALYZE, EVALUATE, COMPARE/CONTRAST ISSUES
  • RICHLY SUPPORTS TOPIC WITH RELEVANT FACTS, EXAMPLES, AND DETAILS
  • PRESENTS A STRONG AND WELL ORGANIZED “CASE”

 

GRADE OF B

 

  • SHOWS A GOOD UNDERSTANDING OF THE TOPIC
  • ADDRESSES ALL ASPECTS OF THE TASK
  • SHOWS ABILITY TO ANALYZE, EVALUATE ISSUES
  • INCLUDES RELEVANT FACT, EXAMPLES, AND DETAILS, BUT DOES NOT SUPPORT ALL ASPECTS OF THE “CASE”
  • PRESENTS AN ORGANIZED “CASE”

 

GRADE OF C

 

  • PRESENTS SATISFACTORY UNDERSTANDING OF THE TOPIC
  • ADDRESSES MOST ASPECTS OF THE TASK
  • ABLE TO ANALYZE ISSUES AND EVENTS. BUT NOT IN DEPT
  • USES SOME RELEVANT FACTS, EXAMPLES, AND DETAILS
  • PRESENTS “CASE”, BUT NOT VERY ORGANIZED

 

GRADE OF D

 

  • SHOWS LITTLE UNDERSTANDING OF TOPIC
  • ATTEMPTS TO ADDRESS TOPIC, BUT USES VAGUE AND/OR INACCURATE INFORMATION
  • USES LITTLE FACTS, EXAMPLES, OR DETAILS
  • DOES NOT PRESENT AN ACCEPTABLE “CASE”

 

CONCLUSION:

 

FROM COMPLETING THIS WEB QUEST YOU SHOULD HAVE LEARNED THAT AFFIRMATIVE ACTION IS A COMPLEX TOPIC. IT HAS A LEGAL AND AN EMOTIONAL COMPONENT.  THERE ARE SEVERAL PRECEDENTS AND SUPREME COURT DECISIONS THAT HAVE BEEN MADE REGARDING AFFIRMATIVE ACTION. YET THERE IS STILL MUCH TO BE DECIDED. THE ISSUES ARE EMBEDDED IN HISTORY AND IN THE CONSTITUTION.  A CLEAR OUTCOME REQUIRES INTELLIGENCE AND INTELLECTUAL LEGAL MINDS.

 

THIS COULD BE YOU!!!!!

 

YOU ALSO NOW REALIZE THE IMPORTANCE OF THE SUPREME COURT IN THE AMERICAN SYSTEM OF CHECKS AND BALANCES. THE COURT PLAYS A MAJOR ROLE IN SHAPING THE LIVES OF ALL AMERICANS.

 

YOU FURTHER ARE NOW FAMILIAR WITH THE USE OF THE TIPS CON LAW PROCESS AND WEBSITE. YOU CAN SEE HOW VALUABLE A TOOL IT IS IN UNDERSTANDING SUPREME COURT DECISIONS AND CRITICAL ISSUES IN AMERICAN HISTORY.

 

OUR NEXT CON LAW INVESTIGATION WILL BE TO EVALUATE THE UNIVERSITY OF MICHIGAN AFFIRMATIVE ACTION CASE THAT WAS DECIDED LAST YEAR.  SEE YOU THEN……..

 

 

 

 

 

 

 

 

NEW YORK STATE STANDARDS:

 

SOCIAL STUDIES

http://www.Maxwell.syr.edu/plegal/tips/t5prod/neyenwq2.html

 

STANDARD 1: History of the United States  and New York

 

Students will use a variety of intellectual skill to demonstrate their understanding of major ideas, eras, themes, developments, and turning points in the history of the United States and New York

 

STANDARD 5:  Civics, Citizenship, and Government

 

Students will use a variety of intellectual skills to demonstrate their understanding of the necessity for establishing governments; the governmental system of the United States and other nations;  the United States Constitution; the basic civic values of American constitutional democracy; and the roles, rights, and responsibilities of citizenship, including avenues of participation.

 

ENGLISH LANGUAGE ARTS

 

STANDARD 1: Language for Information and Understanding

 

Students will listen, speak, read, and write for information and understanding.  As listeners and readers, students will collect data, facts, and ideas; discover relationships, concepts, and generalizations; and use knowledge generated from oral, written, and electronically produced texts.  As speakers and writers, they will use oral and written language that follows the accepted conventions of the English language to acquire, apply, and transmit information

 

STANDARD 3: Language for Critical Analysis and Evaluation

 

Students will listen, speak, read, and write, for critical analysis and evaluation.  As listeners and readers, students will analyze experience, ideas, information, and issues presented by others using a variety of established criteria.  As speakers and writers, they will use oral and written language that follows the accepted conventions of the English language to present, from a variety of perspectives, their opinions and judgments on experiences, ideas, information and issues.

 

STANDARD 4: Language for Social Interaction

 

Students will listen, speak, read, and write for social interaction.  Students will use oral and written language that follows the accepted conventions of the English language for effective social communication with a wide variety of people.  As readers and listeners, they use the social communications of others to enrich their understanding of people and their views.