Help with Hypothetical Issue spotting

(Study Tips, Dealing With Stress, Maintaining a Social Life, Financial Aid, Internships, Bar Exam, Careers in Law . . . )
tallfrodo
Posts: 12
Joined: Mon Jun 27, 2011 5:25 pm

Help with Hypothetical Issue spotting

Postby tallfrodo » Wed Nov 30, 2011 1:12 am

Please help me find issues that arise in constitutional law in this hypothetical fact patent. Thanks!

On August 1, 2011, President Rochelle Lachman signed the Vaccine Freedom Act 2011 (VFA 2011). Inter alia, VFAA 2011 recognizes the right of all Americans to opt out of any state mandated vaccination plan should they so desire. The federal act declares its preemptive intent in the case of conflict with local statutes.

The Brave Coyote Band of Panawahpskek Indians (BCB) is comprised of 32 individuals residing on tribal lands on a reservation in Maine who trace their lineage back to the Wabanaki Confederacy. The Bureau of Indian Affairs recognizes the group and accords them apposite rights and privileges. Members of the Maine state legislature are skeptical of BCB’s legitimacy as a freestanding tribe and would like to extinguish BCB’s tribal status. The legislature passed a law, the Native American Act 701(c)4-2 (2011), that allows state permitted hunting and fishing on BCB trust land.

Furthermore, after extensive lobbying from the Spelunking Society of Maine, the state also passed the Cave Protection Act 2010 (CPA 2010) which, inter alia, recognizes caves and associated cave wildlife on reservation lands as a significant natural resource of the State and provides for prosecution of any individual who does damage to caves in Maine or harms or endangers any species that uses Maine’s caves as a natural habitat. BCB holds sweat lodges in caves. In December 2010, Lightning Johnson and six other BCB individuals were convicted under CPA 2010 for conducting a sweat lodge in a cave where smoke from the sweat lodge was alleged to have caused the death of two dozen gray bats (Myotis grisescens) that use the caves as a place of repose.

On September 1, 2011, the BCB tribal council passed a tribal resolution requiring all children born on the reservation to be vaccinated to prevent spread of infectious diseases. Ransom Youngblood and two other BCB individuals brought a suit in federal court alleging that the VFA 2011 preempts the tribal resolution and that the tribal council is acting unlawfully.

The municipality where the BCB is located has also fined the tribe for excessive water usage pursuant to a piece of state legislation that stipulates statewide criteria for water consumption.

User avatar
ph14
Posts: 3225
Joined: Mon Sep 12, 2011 11:15 pm

Re: Help with Hypothetical Issue spotting

Postby ph14 » Wed Nov 30, 2011 10:42 am

tallfrodo wrote:Please help me find issues that arise in constitutional law in this hypothetical fact patent. Thanks!

On August 1, 2011, President Rochelle Lachman signed the Vaccine Freedom Act 2011 (VFA 2011). Inter alia, VFAA 2011 recognizes the right of all Americans to opt out of any state mandated vaccination plan should they so desire. The federal act declares its preemptive intent in the case of conflict with local statutes.

The Brave Coyote Band of Panawahpskek Indians (BCB) is comprised of 32 individuals residing on tribal lands on a reservation in Maine who trace their lineage back to the Wabanaki Confederacy. The Bureau of Indian Affairs recognizes the group and accords them apposite rights and privileges. Members of the Maine state legislature are skeptical of BCB’s legitimacy as a freestanding tribe and would like to extinguish BCB’s tribal status. The legislature passed a law, the Native American Act 701(c)4-2 (2011), that allows state permitted hunting and fishing on BCB trust land.

Furthermore, after extensive lobbying from the Spelunking Society of Maine, the state also passed the Cave Protection Act 2010 (CPA 2010) which, inter alia, recognizes caves and associated cave wildlife on reservation lands as a significant natural resource of the State and provides for prosecution of any individual who does damage to caves in Maine or harms or endangers any species that uses Maine’s caves as a natural habitat. BCB holds sweat lodges in caves. In December 2010, Lightning Johnson and six other BCB individuals were convicted under CPA 2010 for conducting a sweat lodge in a cave where smoke from the sweat lodge was alleged to have caused the death of two dozen gray bats (Myotis grisescens) that use the caves as a place of repose.

On September 1, 2011, the BCB tribal council passed a tribal resolution requiring all children born on the reservation to be vaccinated to prevent spread of infectious diseases. Ransom Youngblood and two other BCB individuals brought a suit in federal court alleging that the VFA 2011 preempts the tribal resolution and that the tribal council is acting unlawfully.

The municipality where the BCB is located has also fined the tribe for excessive water usage pursuant to a piece of state legislation that stipulates statewide criteria for water consumption.


It would probably help if you said what class this was for.

target
Posts: 688
Joined: Tue Jul 26, 2011 6:40 pm

Re: Help with Hypothetical Issue spotting

Postby target » Wed Nov 30, 2011 12:25 pm

ph14 wrote:
It would probably help if you said what class this was for.


tallfrodo wrote:Please help me find issues that arise in constitutional law in this hypothetical fact patent. Thanks!


03121202698008
Posts: 3002
Joined: Fri Jul 17, 2009 2:07 am

Re: Help with Hypothetical Issue spotting

Postby 03121202698008 » Wed Nov 30, 2011 12:26 pm

Is this a practice exam or a take-home exam you're cheating on?

tallfrodo
Posts: 12
Joined: Mon Jun 27, 2011 5:25 pm

Re: Help with Hypothetical Issue spotting

Postby tallfrodo » Wed Nov 30, 2011 7:31 pm

Just wanted to see if I missed any issues (which is maybe 10% of the assignment). Already turned it in so no need to answer, but it's still nice to be able to satisfy my curiosity..

One question/issue that I can't seem to figure out is: Does federal law, in this case VFA 2011, preempt tribal law? Wasn't sure....:/ Any cases to back up claims would be helpful... Gut response is that it it doesn't, but in United States v. Dion (1986) it seems like federal law took precedence over tribal rights. blehhhh.




Return to “Forum for Law School Students”

Who is online

Users browsing this forum: No registered users and 2 guests