Students, please complete the following tasks: Bakke v Regents of the University of California (1978) 1.Read the Background Summary & provide a summary of the most important elements on your SC Case Log *Use the Constitution to identify Articles, Sections, Amendments relevant to the case 2. Read the Decision Summary and complete sections of your SC Case Log accordingly—again using the Constitution 3. Research previous and current cases and relevant statistics and information from previous, more recent, and ongoing cases and/or examples relevant to Affirmative Action.

Bakke v UC (1978) Contemporary Trial Simulation Students, please create the following chart StagesBakkeUC Opening Statement (Q & A) Rebuttals (Q & A) Cross Examinations Closing Statements

Students, please quietly get into your groups according to role, take out all Supreme Court trial related documents, research, and notes and listen carefully for instructions.

Essential Question Is Affirmative Action a form of detrimental injustice or a form of corrective justice?

Bakke v Regents of UC Is the Affirmative Action-based admissions policy of the University of California justified?

Supreme Court Trial Simulation Affirmative Action is a form of Detrimental Justice— Reenactment of the Landmark Bakke v Regents of UC (1978) case (from a contemporary perspective) (Anti-Affirmative Action v Pro-Affirmative Action)

Class please complete the following tasks: Take out your Bakke v UC Background & Decision Summary 1. Supreme Court Case Log Using Your Bakke v UC Background & Decision Summary sheets complete: __Background Summary __Lower-Court Decisions __Constitutional Elements Relevant to the Case __Majority Opinion Summary (Bakke case) __Dissenting Opinion Summary (Bakke case) 2. Preparing for SC Trial __Gather all research evidence __Share information with team & plan for stages of trial: 1.Opening Statements* Q & A from Justices 2. Rebuttals Q & A from Justices 3. Cross Examinations 4. Closing Arguments *All 3 minutes each (Justices deliberate & render Majority & Dissenting Opinions)

Preparation for the Trial: Decide the following *All must dress professionally Friday Attorneys What terms to define (e.g. Affirmative Action, compelling govt interest, diversity) Constitutional/Legal relevance (e.g. 14 th Amendment, Civil Rights Act of 1964—Title IV) Past, recent, ongoing Affirmative Action cases What stage of the trial you will speak in Gather & articulate strongest arguments/evidence Anticipate opposing arguments/questions from Justices SC Justices What terms to define (e.g. Affirmative Action, compelling govt interest, diversity) Constitutional/Legal relevance (e.g. 14 th Amendment, Civil Rights Act of 1964—Title IV) Past, recent, ongoing Affirmative Action cases Create six L2/L3 questions & answers Anticipate opposing arguments/questions from Justices

Objective Students will reenact the landmark Supreme Court case of Allan Bakke v UC (1978) and assume role(s) as Pro-Bakke team (Anti- Affirmative Action), Pro-Affirmative Action (Attorneys for Regents of UC), witness(es), [if applicable], Supreme Court justices, and reporters According to role students must gather and utilize credible evidence and become the character assigned down to the smallest detail.

Essential Standard(s) Public Speaking: 5.0 Students develop and present speeches to inform and persuade through research, analysis, organization, understanding of ideas, and arousal of interest in subject matter Contemporary Issues: 6.2 Understand the impact of abortion and its controversies on modern society.

Essential Question Is Affirmative Action a form of detrimental injustice or a form of corrective justice? Case Question of Focus: Is Affirmative Action a form of detrimental injustice or a form of corrective justice?

Defining Affirmative Action In this case, Affirmative Action shall be defined as programs or policies that grant preferences in admissions, hiring, and promotions Programs benefit groups that are under- represented Programs are meant to make up for past and/or present discrimination

Scope and Sequence After reviewing an Background overview and the Supreme Court decision from 1978, we will briefly discuss the case as a class. Upon completing an overview, students will be assigned one of the following roles with which to research and prepare for the Supreme Court trial simulation as if you were in the court room taking part in the actual case. All participants are to have their work (according to role) fully prepared the before the trial begins.

Student Roles (Per 5) Anti-Affirmative Action Team of Attorneys (representing Allan Bakke): 7 Pro-Affirmative Action Team of Attorneys (representing Regents of UC): 7 Supreme Court Justices: 5

Student Roles (Per 6) Anti-Affirmative Action Team of Attorneys (representing Allan Bakke): 7 Pro-Affirmative Action Team of Attorneys (representing Regents of UC): 7 Supreme Court Justices: 5

Stages of Trial Anti-AA 1.Opening Statement* --SC Justices Q & A 2. Rebuttal --SC Justices Q & A 3. Cross Examination 4. Closing Statement --Justices Deliberate --Justices deliver majority/ Dissenting opinions *All stages three minutes each side Pro-AA 1.Opening Statement --SC Justices Q & A 2. Rebuttal --SC Justices Q & A 3. Cross Examination 4. Closing Statement

Trial Procedures 1. Role Rehearsal/Preparation (5-7 minutes) 2. Call to Order (read case issue, general description)--Mr. Sinor 3. Opening Statements (3 minutes each)* Attorneys must alternate at each stage A. Pro-Choice Team 1 B. Pro-Life Team 1 4. Justice Q & A of Attorneys (3 minutes each) A. Pro-Choice Team 1 B. Defense Team 1 5. Rebuttals (3 minutes each) A. Pro-Choice Team 2 B. Pro-Life Team 2 6. Justice Q & A of Attorneys (3 minutes each) 7. Cross Examination Pro-Choice Team 3 Pro-Life Team 3 8. Closing Arguments (3 minutes each) A. Pro-Choice Team 4 B. Pro-Life Team 4 9. Reporter Question & Answer Session (alternate between persecution & defense lawyers and throughout case) 10. Supreme Court Justices Deliberate (5 minutes) 11. Supreme Court Verdict & Explanation [majority & dissenting opinions] 2 minutes 12. Class Debriefing (time permitting) 13. Supreme Court Decision Editorial

Judicial Review Editorial: Roe v. Wade Everyone must provide a one-page editorial including the following elements: Title of Case, year, issue Summarize arguments made from both sides of the issue, with particular attention to evidence presented Class ruling & explanation Supreme Court’s ruling and explanation Whether you agree with the Class’ ruling &/or the actual Court’s ruling (if different) and why What amendments and/or articles of the U.S. Constitution this case addressed What precedent(s) did this case set over the years and why this issue remains important today

Students, be please continue to quietly work on one or more of the assignments below. AssignmentDue Current Events10/11 (originally 10/4) Debate POV10/7 Supreme Court Editorial 10/11 Informative Speech (written) 10/14