questiontype3issue-spotter.docVIP

QUESTION TYPE 3: ISSUE-SPOTTER Question Type 3 is the traditional law-school issue-spotter. There will be more for you to talk about than you have time for in a one hour question. Your job is to show me both that you see the range of issues involved and that you can identify and focus on those issues that would be most heavily contested. The best answers will point out places where the doctrine does not provide clear answers and make suggestions about statutory and policy arguments that could be used to resolve the doctrinal uncertainties. 3A. Clayton is a city of about 60,000 people located in a rural area, relatively far from any other city. The city’s main claim to fame is that it is home to Altered State University (ASU). The non-student population of Clayton is about 60% white, 35% African-American, and 5% Asian-American. The student population at Clayton is about 65% white, about 25% Asian-American, about 8% African-American, and about 2% Native American. Roundtree Heights is a neighborhood near the ASU campus that contains apartment buildings that primarily house students and service employees of the university. It is the most integrated area in the city. However, most of the people in the rest of Clayton live in quite segregated neighborhoods. Doug Davis is a Vietnam War veteran who lost one arm during the War and is quite bitter about his fate and about the way Vietnam vets are treated in the U.S. He owns a 25-unit apartment complex in Roundtree Heights. During the 1995-96 school year, he had several complaints from his non-student tenants that students living in nearby buildings made a lot of noise. In addition, there was a highly publicized incident across town in which ASU students, during a party, accidentally burned down the building that they were living in. For Doug, the last straw came when one of his student tenants moved out at the end of May, leaving behind damage to the carpeting and wallpaper that cost Doug twice the securi