Matching Terms Writ of Mandamus Term Paper

8. State the "law of the case" of each of the following: (10) a) Gonzales v. Raisch: Affirmed Oregon statute allowing doctors to prescribe controlled substances in assisted suicide and invalidated Attorney General's statutory interpretation that assisted suicide does not constitute practicing medicine..

A b) First National Bank v. Bellotti: Invalidated Massachusetts law criminalizing corporate use of corporate funds to promote political agenda as a violation of corporations right to Free Speech under the 1st Amendment..

A c) Kelo v. New London: State power of eminent domain properly used even though taking of property inured to benefit of one private entity over another, because its effect was beneficial to the community..

A d) Adarand v. Pina: Overturned Metro v FCC and decided that any type of racial classification used by any government agency triggers strict scrutiny.

A e) Cole v. Burns International Security Systems: Employers may require employees to waive their right to litigate employment issues in courts of law as a condition of employment in connection with mandatory arbitration agreements provided certain fairness, notice, and cost issues are complied with.

9. One distinctive characteristic of courts in the U.S. is their use of precedent. Identify the precedent used in these cases and succinctly state how their application determined the outcome. (4) a) Campbell v. State Farm Insurance Company: established a cap of single-digit multiples (i.e. less than 10x) the actual damages except in cases where egregious conduct results in limited economic harm. The Court applied Gore which held that the wealth of the defendant cannot be used to determine punitive damages; the Court also applied Haslip in which it had previously determined that quadruple damages approach unconstitutionality in punitive damage awards.

A b) Cole v. Burns International Security Company: D.C. District Court applies SCOTUS ruling in Gilmer, to uphold pre-employment arbitration agreements that meet the 5 elements of fairness articulated in Gilmer.

10. Respond to a colleague who asserts that we need to get rid of these liberal activist judges and replace them with conservative judges who interpret the law and do not make the law. (5)

The 2000 SCOTUS decision terminating the by-hand vote….....