In Worcester v. Georgia, the Marshall Court upheld the right…
Questions
In Wоrcester v. Geоrgiа, the Mаrshаll Cоurt upheld the right of a state legislature to regulate Indian affairs.
During his sоphоmоre yeаr аt Wаttsamatta University, Rocky pledged fraternity Theta Delta Chi ("Theta D"). In order to be admitted to the fraternity, Theta D pledges were required to endure a Hell Week. On Saturday night, the climax of Hell Week, each pledge was required to drink a concoction made from vodka, beer, toothpaste, tomato paste, clam juice, and gin. The pledge next was required to get into an old wooden beer barrel. The lid of the barrel was then nailed shut, and the barrel was thrown by the fraternity brothers into the Wattsamatta River. The pledge then had to free himself from the barrel before it reached Peabody Point (one mile down the river) and swim to shore in order to be accepted for membership in the fraternity. After Rocky drank the concoction, his head began to swim and he started to feel nauseous. When his turn came, a while before dawn, Rocky said that he didn't want to get into the barrel. "You're a wimp, Rocky," said one fraternity brother. "We don't want any wimps in the fraternity. Other brothers questioned Rocky's masculinity and threatened to publicize his cowardice around campus. Then they started to pack up to go back to the fraternity. "Wait," said Rocky, "I've changed my mind." He then allowed them to shut him into the barrel, which the brothers threw into the water. At a bend in the river, about half a mile downstream, Boris Badanov and Natasha Fatale were watching for ducks along with their faithful golden retriever, Fearless Leader. Visibility was bad, both because it was just before sunrise and because a heavy fog floated over the river. Nevertheless, this was a time when the ducks were most active. Although the legal season for duck hunting had expired the previous day, Boris and Natasha had come back for another day of hoping to have the river bank to themselves and to bag a few birds. Under North Coast law, hunting game out of season is a criminal offense subject to a fine. When Rocky's barrel reached the bend in the river, it ploughed into a flock of ducks that were sitting on the water. Startled the birds took flight. Boris and Natasha raised their shotguns and fired hitting a few ducks. Unfortunately, several of the shotgun pellets struck the barrel, which quickly filled with water and sank. Before Rocky was able to free himself from the barrel he was drowned. A coroner's report confirms that while Rocky was grazed by two pellets, the cause of death was drowning. Boris and Natasha were each using the same gauge of shotgun shells packed with the same number of pellets. There is no way to determine whose pellets penetrated the barrel. Rocky's estate has brought tort actions against the fraternity, Boris, and Natasha for his injuries and wrongful death. Please discuss the issues raised by these claims and how they should be resolved. You should assume that the fraternity is liable for the acts of its members (i.e., that if you can show the members were liable, the fraternity would also be liable). Assume for purposes of this question that North Coast does not have a statute that outlaws fraternity hazing, and the University also has no rule regarding hazing.