1. For anonymity, use your assigned test number which was mailed to you.

2. Put your test number on this page and on all bluebooks.

3. If you do not know your test number, you may obtain it at the Communication Center or in the Records Office (Cindy Boyum) during the first 30 minutes of the exam period.

4. If you do not use your test number, you will be deemed to have waived your privilege of anonymous grading.

5. TURN IN YOUR BLUEBOOKS AND THIS EXAM AT THE END OF THE PERIOD.

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STUDENT CONDUCT CODE

IT IS A VIOLATION OF THE CODE:

1. To use any sources which are forbidden by the instructor to complete an exam.

2. To submit as one's own work the work of another.

3. To engage in any conduct which tends to give an unfair advantage to any student in any academic matter.

Knowledge of any violation should be promptly reported.

VIOLATION OF THE STUDENT CONDUCT CODE MAY RESULT IN EXPULSION

OR SUSPENSION FROM THE COLLEGE OR DISMISSAL FROM THE CLASS.

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GRADUATING SENIORS: IF YOU ARE A GRADUATING SENIOR, NOTE THIS FACT ON ALL BLUEBOOKS AND THIS EXAM PAPER. DO SO CONSPICUOUSLY.

TYPING AREA: If you are going to type your examination, the typing area is located in the Boardroom. You must return the exam to this room at the conclusion of the exam period.

GENERAL INSTRUCTIONS

This is an open-book exam with two equally-weighted questions. You may use any written, printed, or photo-copied materials you have brought to the exam room.

You will have two and one-half hours to complete this exam. It has been designed, however, to take two hours to complete, so please take the time to read the questions carefully and outline your analysis before you begin. If you make notes or outlines to organize your answer, please put them on your exam paper or on a separate bluebook marked "SCRATCH." Only material written in essay form will be considered in grading.

If you feel you need more facts to answer a question, you may make reasonable assumptions, but you must state those assumptions.

Each answer will be graded separately, and so must stand by itself and not rely upon or refer to anything included in the other answer.

Please discuss all issues reasonably presented, even if resolution of some would alone dispose of the problem. Specify all grounds and reasons which support your conclusion, including alternative grounds, and discuss possible contrary arguments.

Please write legibly.

Good luck!

QUESTION I - 50%

At 10:30 one evening Jones, an African-American, was driving his blue 1992 Nissan Maxima through a white neighborhood in Central City in the State of Mitchell. Although he was not violating any traffic laws, he was stopped by Central City police officers Cagney and Lacey. Cagney asked Jones for his driver's license and vehicle registration and inquired what he was doing in the neighborhood. After Jones produced his driver's license and registration and explained where he was going, Cagney told him that she and Lacey had received a report that a Nissan had been stolen earlier in the evening about ten blocks away.

Jones did some checking the next morning and learned that the vehicle that had been stolen was a red 1985 Nissan Sentra. He consulted a lawyer and commenced a lawsuit in federal district court against the Cagney, Lacey, Central City, Furillo (the superintendent of the Mitchell State Police Academy), and the State of Mitchell (which operated the Police Academy). All police officers must attend the Police Academy to be certified to act as police officers within the State of Mitchell.

Jones' suit sought damages and an injunction prohibiting any police officers in Central City from making any investigatory stops of any African-Americans unless and until Central City adopted the procedures for investigatory stops specified in the federal Investigatory Stop Act (ISA), and requiring Furillo and the State of Mitchell to offer and require all Mitchell State Police Academy students to complete a course covering the procedures specified in the ISA. Central City has not yet adopted the ISA procedures.

The ISA specifies that any member of a minority race who is subjected to an investigatory stop by a police officer employed by a governmental entity that has not adopted the extensive and detailed procedures for investigatory stops specified in the ISA may proceed in either state or federal court to recover damages and injunctive relief against the police officer, the police officer's employer, and any training or certifying authority responsible for the officer's failure to follow the procedures specified in the ISA.

Please discuss fully all Constitutional Law--Powers issues that might arise from Jones' lawsuit.

QUESTION II - 50%

MEMORANDUM

TO: Law Clerk

FROM: Supervising Attorney

Office of the Attorney General, State of Mitchell

DATE: December 21, 1992

RE: Eurasian Water Milfoil Statute

The State of Mitchell has over 10,000 lakes, some of which lie on the borders between Mitchell and other states, and some of which lie wholly within its borders. The aquatic plant, Eurasian water milfoil (milfoil), has now been identified in 47 lakes which lie entirely within Mitchell. Before 1987, milfoil had not been found in any Mitchell lake.

Milfoil may be introduced into a lake in a number of different ways. Approximately 98% of the spread of milfoil is attributable to the use of boats and boat trailers that have been used in milfoil-infested waters. About 2% of the problem is caused by fishing tackle or aquatic birds, such as ducks and herons. Even a small segment of this prolific, fast-growing plant is capable of infesting a lake. Milfoil infestations interfere with swimming and boating, decrease land value, and replace native plants.

The methods of control or eradication of the milfoil, such as mechanical raking, use of chemical herbicides, and use of biological weapons (e.g., insects that eat milfoil) are not completely satisfactory because of cost, incomplete effectiveness, or potential harm to the ecosystem. Voluntary cleaning of boats and trailers by owners may be an insufficient response--last summer, lake access and road checks showed that significant numbers of boats and trailers considered "clean" by their owners carried milfoil.

The Mitchell legislature has recently enacted a statute prohibiting the use of boats on any of the lakes wholly within its borders without a permit issued by the State of Mitchell. The statute provides that residents of Mitchell may obtain one-year permits by having their boats and boat trailers cleaned at one of the facilities operated by the State of Mitchell. Non-residents must have their boats cleaned at such a facility each time they enter the State of Mitchell. The State charges $50 for each cleaning. The actual cost to the State of performing the cleaning is currently $41.07. The State applies the excess funds to treat lakes already infested with milfoil.

The United States Congress has recently adopted a water quality statute providing extensive procedures intended to prevent the introduction of animal species (such as fish) into any lake, river, or stream--regardless of size or location--not previously inhabited by the species. These procedures, however, may not prevent the infestation of lakes by the milfoil.

Please provide me with a memorandum of law advising me whether or not Mitchell's new statute would pass muster under the United States Constitution. In doing so, it would be helpful if you would make the strongest arguments you can on opposing sides of any constitutional issues, and your assessment of the most likely result, given the relative strength of those arguments. I need this memorandum by 9 p.m. I am sorry about the short deadline, but the Governor of Mitchell has scheduled a meeting with the Commissioner of Tourism for tomorrow morning, and she believes the subject of this statute may arise.

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AT 9:00, PLEASE MAKE SURE YOUR EXAM NUMBER IS ON EACH BLUEBOOK, PUT EXAM (UNFOLDED) INTO BLUEBOOKS, AND PUT BLUEBOOKS INTO THE BOX.

HAVE A NICE VACATION!