1 Agenda for 15th Class Rights Assignment for Next Class Readings –## –Exercise 11 (To Have Once Been a Beetle) Questions to think about –What did Sotomayor mean by “I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life.” Judge Sotomayor, and the Senators questioning her, affirm “the rule of law” and say that this requires judges to apply law, not extralegal sources, to the facts. What does that mean? Is it realistic? How might Judge Motley’s experience affect her decisions in discrimination cases? Is this effect good or bad? Page 432ff Questions 3, 4, 8, 9, 10 –Writing Assignment & Additional Question to Think About To Have Once Been a Beetle

2 Exam Multiple Choice Challenges At your discretion you may (in a Blue Book or in SofTest or however you are writing Part II of the exam), make a written appeal with respect to any two of the questions on the multiple choice exam that you feel are ambiguous or unfair. If you make more than two written appeals, I will ignore all but the first two. If you make a challenge to a question, be sure to state in your challenge which answer you marked on the computer sheet, which other answers you think are plausible and why.

3 Last Class – Engagement Rings Kull –Should decide according to parties’ expectations In “private law” (e.g. contracts, wills, etc.), function of law is to give effect to parties’ expectations –Problems Very unclear what parties’ expectations are People may disagree People getting engaged may not think about possibility that marriage will not go through –Irrationally optimistic; thinking about break up is unpleasant; talking about it may make it more likely Alternative considerations –Difficulty of ascertaining fault (PA court) –Fairness to bride, whose family may have paid a lot for wedding –Different rules for heirloom rings –Other considerations? What rule is best?

4 Conflict Between Utility and Rights Trolley problem. Trolley is hurtling toward 5 workmen. Driver can avoid killing 5 by turning trolley, but doing so will kill 1. –Is it permissible for the driver to turn? Is it morally required? Transplant problem. 5 people will die if they don’t get organ transplants. Only way do so is to harvest organs from young man who comes in for check-up. Doing so would kill him. –Would it be permissible for surgeon to kill young man to save 5 people who need organ transplants?

5 Questions on Rights What do you think is the right thing to do in the Trolley case? Why? What do you think is the right thing to do in the Transplant case? Why? P. 312 Question 7 Ex 15. Gould Virus