1. 2013-2014 CONSTITUTIONAL LAW DEBATE ONE Debate Prep: AFFIRMATIVE ACTION

2. What is Success?

3. What it comes down to…

4. Define empathy… em·pa·thy ( ˈ empəTHē/) Noun 1.the ability to understand and share the feelings of another.

5. Deadlines/Prep Points Case Briefs and Answers  DUE Next Tuesday (10/1) by 11:59 PM  USE manual templates as a worksheet  TYPE questions and answers, TYPE case briefs  No prep points assigned  Will receive up to two fall points if not completed up to standards  2 Fall Points if not completed  1 Fall Point if completed or not completed up to standards

6. Deadlines/Prep Points Contd FIRST DRAFT  DUE Tuesday, 10/15/13 by 11:59 PM  FOLLOW examples and specs in manual for formatting  e.g. Font, Spacing, Headings  Will NOT receive full prep points if not properly followed  EARN up to two prep points FINAL DRAFT  DUE Tuesday, 10/22/13 by 11:59 PM (one week turn- around)  FOLLOW examples and specs in manual for formatting  e.g. Font, Spacing, Headings  Will NOT receive full prep points if not properly followed  EARN up to FOUR prep points

7. Deadlines/Prep Points Continued DEBATE COACHING  DUE Friday, 10/25 by 11:59 PM  Required one session  Earn up to two prep points  Will follow up with times to meet with debate coaches MENTOR RECEIPTS  DUE Friday, 10/25 by 11:59 PM  Required – two meetings during cycle  Earn up to four prep points  2 meetings = 4 points  1 meeting = 2 points

8. On to TEXABAMA!!

9. EQUAL PROTECTION

10. Three (3) Considerations

11. Start by asking…

12. C R E A C

13. Croson  Main Points Race = Suspect Class  Strict Scrutiny Remedial = Compelling Interest, but must show evidence Must be able to determine whether best-fit to accomplish specific objective Note – about local and state laws

14. Adarand  Main Points Remedial = Compelling Interest (Note – Croson holding summarized) Again – strict scrutiny, but first time applies it to federal law, not state or local law

15. Grutter  Main Points Diversity in higher education = compelling interest Must be narrowly tailored (approach to achieve interest is best fit) Race can be one “plus factor,” but must be considered in conjunction with entire individual, cannot be preference solely based on race

16. Seattle School District  Main Points Involves diversity in grade school Different from Grutter – Means not narrowly tailored “Here, racial balance the school districts seek is a defined range set solely by reference to the demographics of the respective school districts….racial balance is not to be achieved for its own sake.” (p. 33)

17. Hopwood  ID Pointers  Summarize Facts/Circumstances  Main Points Case is a good example of the necessity at times for remedial action Look at data and parts that are relied on by court in justifying remedying past discrimination

18. Ms. Sloan esloan@njleep.org (973) 297-1555 (After School House) (908) 591-4670 (Cell)