A landowner might be liable if a dinner guest fell on a broken ...

[Capo]

A landowner might be liable if a dinner guest fell on a broken porch step, but not liable if a trespasser fell on the same place.
  Indicate whether the statement is true or false

Question 2

If the program referred to in Adarand Constructors, Inc v. Pena reserved a percentage of highway work for disadvantaged subcontractors and, instead of using race-based presumptions to identify who were disadvantaged subcontractors, used an economic standard to identify the disadvantaged subcontractors eligible for the program, would the Court's decision have been the same?

[meganlapinski]

Answer to Question 1

T

Answer to Question 2

The Adarand Court determined that all racial classifications imposed by federal, state, or local governmental actors, must be reviewed under a strict scrutiny standard. Under an economic standard utilized to identify disadvantaged subcontractors, race would not be a factor and the strict scrutiny standard would not apply. Such a program may well survive scrutiny by the courts.