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Chapter 1Legal Heritage and the DigitalAgeAnswer to Critical Legal Thinking Case1.1Fairness of the LawMany students will react that the statute is unfair as it does not afford women equal status in theworkplace. In light of today’s standards, that position is well founded. However, it is a usefulexercise to consider arguments for the opposite position inthe context of the time period. Inenacting such a statute, the legislature presumably entertained the view that women had specialneeds, were subject to certain weaknesses, and therefore the demands made on them had to beaccommodated in the workplace. That these premises, i.e., special needs and presumedweaknesses, might be false does not necessarily preclude one from acting morally. Moralistsmight label this ignorance as excusable in that it is “invincible,” i.e., an ignorance that cannot bedestroyedor offers no moral reason for doing so. Of course, modern experience and knowledgerequire that we question these premises. It almost certainly would not be lawful today. Not onlyhave the items relevant to the test of equal protection broadened under present constitutionalinterpretations, but also Title VII of the Civil Rights Act of 1964 prohibits any discrimination onthe basis of sex in the “terms, conditions and benefits of employment.”W. C. Ritchie & Co. v.Wayman, Attorney for Cook Country, Illinois, 91 N.E. 695, 1910 Ill. Lexis 1958 (Supreme Courtof Illinois)Answers to Ethics Cases1.2Ethics CaseYes, the hunting, fishing, and gathering rights granted to the Mille Lacs Band of the OjibweIndians by the federal government in the 1837 treaty are valid and enforceable. The U.S.Supreme Court held that these rights were not extinguished when the stateof Minnesota was
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