Students, please complete the following tasks:
Bakke v Regents of the University of California (1978)
1. Read the Background Summary & provide a
summary of the most important elements on your
SC Case Log
*Use the Constitution to identify Articles, Sections,
Amendments relevant to the case
2. Read the Decision Summary and complete sections of
your SC Case Log accordingly—again using the
Constitution
3. Research previous and current cases and relevant
statistics and information from previous, more
recent, and ongoing cases and/or examples relevant
to Affirmative Action.
Bakke v UC (1978) Contemporary Trial Simulation
Students, please create the following chart
Stages
Opening Statement
(Q & A)
Rebuttals
(Q & A)
Cross Examinations
Closing Statements
Bakke
UC
Students, please quietly get into your groups
according to role, take out all Supreme Court
trial related documents, research, and notes
and listen carefully for instructions.
Essential Question
• Is Affirmative Action a form of detrimental
injustice or a form of corrective justice?
Bakke v Regents of UC
• Is the Affirmative Action-based admissions
policy of the University of California justified?
Supreme Court Trial Simulation
Affirmative Action is a form of Detrimental
Justice—
Reenactment of the Landmark Bakke v Regents
of UC (1978) case (from a contemporary
perspective)
(Anti-Affirmative Action v Pro-Affirmative
Action)
Class please complete the following tasks:
Take out your Bakke v UC Background & Decision Summary
1. Supreme Court Case Log
Using Your Bakke v UC
Background & Decision
Summary sheets complete:
__Background Summary
__Lower-Court Decisions
__Constitutional Elements
Relevant to the Case
__Majority Opinion Summary
(Bakke case)
__Dissenting Opinion
Summary (Bakke case)
2. Preparing for SC Trial
__Gather all research evidence
__Share information with team &
plan for stages of trial:
1. Opening Statements*
Q & A from Justices
2. Rebuttals
Q & A from Justices
3. Cross Examinations
4. Closing Arguments
*All 3 minutes each
(Justices deliberate & render
Majority & Dissenting
Opinions)
Preparation for the Trial: Decide the following
*All must dress professionally Friday
Attorneys
SC Justices
• What terms to define (e.g.
Affirmative Action, compelling
govt interest, diversity)
• Constitutional/Legal relevance
(e.g. 14th Amendment, Civil
Rights Act of 1964—Title IV)
• Past, recent, ongoing
Affirmative Action cases
• What stage of the trial you will
speak in
• Gather & articulate strongest
arguments/evidence
• Anticipate opposing
arguments/questions from
Justices
• What terms to define (e.g.
Affirmative Action, compelling
govt interest, diversity)
• Constitutional/Legal relevance
(e.g. 14th Amendment, Civil
Rights Act of 1964—Title IV)
• Past, recent, ongoing
Affirmative Action cases
• Create six L2/L3 questions &
answers
• Anticipate opposing
arguments/questions from
Justices
Objective
• Students will reenact the landmark Supreme
Court case of Allan Bakke v UC (1978) and
assume role(s) as Pro-Bakke team (AntiAffirmative Action), Pro-Affirmative Action
(Attorneys for Regents of UC), witness(es), [if
applicable], Supreme Court justices, and
reporters
• According to role students must gather and utilize
credible evidence and become the character
assigned down to the smallest detail.
Essential Standard(s)
• Public Speaking: 5.0 Students develop and
present speeches to inform and persuade
through research, analysis, organization,
understanding of ideas, and arousal of
interest in subject matter
• Contemporary Issues: 6.2 Understand the
impact of abortion and its controversies on
modern society.
Essential Question
• Is Affirmative Action a form of detrimental
injustice or a form of corrective justice?
Case Question of Focus: Is Affirmative Action a
form of detrimental injustice or a form of
corrective justice?
Defining Affirmative Action
• In this case, Affirmative Action shall be
defined as programs or policies that grant
preferences in admissions, hiring, and
promotions
• Programs benefit groups that are underrepresented
• Programs are meant to make up for past
and/or present discrimination
Scope and Sequence
• After reviewing an Background overview and the
Supreme Court decision from 1978, we will
briefly discuss the case as a class. Upon
completing an overview, students will be assigned
one of the following roles with which to research
and prepare for the Supreme Court trial
simulation as if you were in the court room taking
part in the actual case. All participants are to
have their work (according to role) fully prepared
the before the trial begins.
Student Roles (Per 5)
• Anti-Affirmative Action Team of Attorneys
(representing Allan Bakke): 7
• Pro-Affirmative Action Team of Attorneys
(representing Regents of UC): 7
• Supreme Court Justices: 5
Student Roles (Per 6)
• Anti-Affirmative Action Team of Attorneys
(representing Allan Bakke): 7
• Pro-Affirmative Action Team of Attorneys
(representing Regents of UC): 7
• Supreme Court Justices: 5
Stages of Trial
Anti-AA
1. Opening Statement*
--SC Justices Q & A
2. Rebuttal
--SC Justices Q & A
3. Cross Examination
4. Closing Statement
--Justices Deliberate
--Justices deliver majority/
Dissenting opinions
*All stages three minutes
each side
Pro-AA
1. Opening Statement
--SC Justices Q & A
2. Rebuttal
--SC Justices Q & A
3. Cross Examination
4. Closing Statement
Trial Procedures
1. Role Rehearsal/Preparation (5-7
minutes)
2. Call to Order (read case issue, general
description)--Mr. Sinor
3. Opening Statements (3 minutes
each)*
Attorneys must alternate at each stage
A. Pro-Choice Team 1
B. Pro-Life Team 1
4. Justice Q & A of Attorneys (3 minutes
each)
A. Pro-Choice Team 1
B. Defense Team 1
5. Rebuttals (3 minutes each)
A. Pro-Choice Team 2
B. Pro-Life Team 2
6. Justice Q & A of Attorneys (3 minutes
each)
7. Cross Examination
Pro-Choice Team 3
Pro-Life Team 3
8. Closing Arguments (3 minutes
each)
A. Pro-Choice Team 4
B. Pro-Life Team 4
9. Reporter Question & Answer
Session (alternate between
persecution & defense lawyers and
throughout case)
10. Supreme Court Justices Deliberate
(5 minutes)
11. Supreme Court Verdict &
Explanation [majority & dissenting
opinions] 2 minutes
12. Class Debriefing (time permitting)
13. Supreme Court Decision Editorial
Judicial Review Editorial: Roe v. Wade
• Everyone must provide a
one-page editorial including
the following elements:
• Title of Case, year, issue
• Summarize arguments
made from both sides of
the issue, with particular
attention to evidence
presented
• Class ruling & explanation
• Supreme Court’s ruling and
explanation
• Whether you agree with the
Class’ ruling &/or the actual
Court’s ruling (if different)
and why
• What amendments and/or
articles of the U.S.
Constitution this case
addressed
• What precedent(s) did this
case set over the years and
why this issue remains
important today
Students, be please continue to quietly work on
one or more of the assignments below.
Assignment
Due
Current Events
Debate POV
Supreme Court
Editorial
Informative Speech
(written)
10/11 (originally 10/4)
10/7
10/11
10/14