Class 13 - Equal Protection

Proximate cause in the area of negligence law - Palsgraf v Long Island Railroad Company
Intentional infliction of emotional distress - White v Monsanto
Comparative negligence - Wassell v Adams

Equal protection
Comes from 14th amendment. End of civil war - 3 amendments: 13, 14 and 15.
14th section 1 - all persons born or naturalized in the US are citizens of the US.

In practice, the 14th amendment was not used to end discrimination. It furthered it.

See Plessy v Ferguson. Plessy was of mixed race and considered himself as Caucasian. He wanted to ride in the "Whites Only" railroad car, but was denied. SCOTUS ruled that "separate but equal" facilities were considered equal protection.

Over the next several years and decades, SCOTUS wittled away at Plessy. See Sweatt v Painter.

In 1954, Brown v Board of Education decision reversed this.

Not all discriminatory laws violate equal protection. There's a test. If there's a race-based law, it's suspicious, but not necessarily invalid. Affirmative action is an example of a valid race-based law. Another discriminatory law example is the drinking age requirement. Govt must have a rational basis and an overwhelming interest to institute these laws.

See pg 97 US v Virginia.

Chapter 5 - Criminal Law

Intent. You can't be held responsible unless you have the mental ability to form intent.

See People v Salas, pg 105

Generally 3 year statute of limitation. Forgery and arson have none. Misdemeanors are usually 1.5 years.

Insanity is a defense. They don't have legal intent.

See list of white collar crimes on pp 110-116.

Midterm will be on Thursday 10/22 and cover through intentional torts (second half of ch 6). Based exclusively on the lecture. Tuesday 10/20 will be the review. Negligence will be on the final.