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Objectively Reasonable, Essay Example

Pages: 1

Words: 285

Essay

According to the case of Rexford Kipps, Carol Kipps and Kyle Kipps, Plaintiffs-Appellants, v. James Caillier, Ray Authement, Nelson J. Schexnayder, Jr., and Nelson Stokley, Defendants-Appellees, the University of Southwestern Louisiana stated that Kyle Kipps could only attend school in Louisiana if it was at USL. When Kyle decided to attend a Louisiana school other than USL, USL’s coach Stokley told Kyle’s father that he should not allow him to memorize the oral commitment to play football for the other school; Kyle’s father refused. As a consequence, Stokley was responsible for firing Kyle’s father from his position at USL.

This case called into question the phrase of what is considered to be “objectively reasonable”. The situation states, “If it is determined that the official’s conduct was unconstitutional, then the court must decide whether the conduct was nonetheless “objectively reasonable”. Something that is objectively reasonable means that the provisions of a contract are supposed to be interpreted according to what a person with a sense of reason, not trained in law, would interpret them as. This does not appear to be the meaning the court is using, and it is unclear what the court actually means in this instance. This weakens the validity of the argument given by Judge Parker because he is in favor of the defendants because he believes their decision was “objectively reasonable”. This makes no sense in this situation, because the average person would assume that it is objectively unreasonable to be able to fire someone on the basis of their son’s college decision. Furthermore, the Judge says that he is deliberately ignoring the constitutionality of this decision in favor of determining what is “objectively reasonable”, which doesn’t logically follow in this situation.

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