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Published by Jefferson's Rebels

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Published by: Jefferson's Rebels on Apr 12, 2010
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CONSTITUTIONAL LAW IIIFinal ExaminationDecember 20019:00 a.m. to 5:00 p.m.Autumn Quarter 2001Prof. Obama
This is an open book exam. You may use any materials or notes used in ourclass.You may not refer to cases, articles, etc. that were not used in class.
You will have eight hours, inclusive of travel time, to complete the exam.The exam is designed, however, to be completed in three hours. Feel free touse the extra hours as you wish.
The exam consists of two Parts, presented in four pages. In grading the exam,your answer to Part One will count for three-fifths of your grade, and youanswer to Part Two will count for two-fifths of your grade.You shouldtherefore allocate your time accordingly. Each part contains multiplequestions; you should make sure that you answer all the questions containedin each part, although the questions within each part are obviously interrelatedand each part will be graded as a whole.
I assume that all exams will be written on a computer or word-processor.You must double-space, use a 12-point font, and provide for at least one-inch margins all the way around the page. Your answer must be no morethan 2,200 words; I will stop reading after 2,200 words.
Read each question carefully and think before you write. Please do not feelobliged to make use of the maximum number of words in formulating youranswers. Precision and imagination, rather than volume, are what I amlooking for.Good luck, and have a fine holiday.
Constitutional Law III - Fall 2001 - Final Examination
Part One (One and one-half hours)
On January 11, 2002, a renewed wave of terrorist attacks begins in major citiesacross the country. Specifically, a deadly airborne (but non-contagious) chemical toxincalled rioxin is released into the ventilation systems of high-rises and shopping mallsthroughout the east and west coasts. Trucks containing the hazardous material arepurposely crashed inside major tunnels. Rioxin is released throughout major subwaylines, and letters and parcels contaminated with the material are discovered throughoutthe postal system. In the first month of these attacks, an estimated 50,000 people arekilled. An additional 500,000 people are infected with rioxin, and are inundatinghospitals throughout the country seeking treatment.As in the case of anthrax, persons infected by the rioxin spore can be effectivelytreated - in the case of rioxin, with an antibiotic called Curasin - so long as they receivethe antibiotic within 36 hours of exposure to toxin. Moreover, the same company thatmanufactures Curasin has announced the development of a rioxin vaccine that, onceadministered, protects the person vaccinated from the most serious forms of rioxininfection for a ten-year period. The vaccine appears to be highly effective for allsegments of the population.There are two significant problems, however, with implementing an immediatevaccination program for the entire U.S. population. First, because the vaccine is new andbecause it is both expensive and time-consuming to produce, there are currently only 5million doses of the vaccine available. Despite the intention of the federal government todrastically ramp up production of the vaccine, it is anticipated that for at least the nextyear, no more than 10 million doses of the vaccine can be produced every month. Theupshot is that, optimistically, only 40 to 50 percent of the United State’s 270 million or soresidents can be effectively vaccinated within the year.Second, it appears that not all populations are similarly vulnerable to the rioxinspore. For reasons that scientists cannot yet fully explain, blacks are 15 percent (1.15times) more likely to die from similar levels of rioxin exposure than are whites. Latinosalso seem to have a somewhat higher mortality rate than whites, although given thevariation in racial make-up within the latino population, the evidence with respect to theirenhanced vulnerability is less conclusive.There is very preliminary and hotly debated evidence that slight genetic variationsbetween blacks and whites may account for the different mortality rates between blacksand whites exposed to rioxin.Other experts attribute the difference solely to thepreexisting disparities in the health of blacks and whites, disparities that themselves arelargely attributable to such socio-economic, environmental and behavioral factors ashigher rates of poverty, smoking, obesity and hypertension among black populations.Differences in mortality rates exist between men and women as well. It appearsthat women are 18 percent (1.18 times) more likely to die from similar levels of rioxin

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