Law

https://www.nbcnews.com/meet-the-press/video/is-big-data-is-destroying-the-u-s-political-system-901517891589 After watching the video “Is Big Data Destroying the U. S. Political System?”, you should take a position on this topic.  Decide if you agree or disagree with Chuck Todd’s argument.  Is or is not big data destroying our political system.  You should provide at least two reasons for why you believe that big data is or is not destroying our political system.  Be sure to cite your sources in your posts.  As with all your discussion posts, you’ll need to write in complete sentences, and your post should be between 230-300 words.

Instructions and case are attached. You will read through the case and answer the questions.  The purpose of this assignment is to examine how Parliament’s introduction of minimum national standards for greenhouse gas emissions, pursuant to the Greenhouse Gas Pollution Pricing Act (the GGPPA or the Act), provoked a constitutional dispute about the proper balance of power between the federal and provincial legislatures.  There are two recent appellate court decisions dealing with the constitutionality of the GGPPA: one from the Saskatchewan Court of Appeal and one from the Ontario Court of Appeal. In each case, a majority of the Court of Appeal upheld the constitutionality of the GGPPA in the face of a strong dissenting opinion. And in each case, the dissenting minority took the position that the majority had erred in its characterization and classificationof the Act under the “national concern” branch of Parliament’s “peace, order and good government” power (the P.O.G.G power), an important head of power that establishes federal authority deriving from the preamble to section 91 of Canada’s Constitution Act, 1867.  Although both courts of appeal upheld the constitutionality of the GGPPA, the multiple dissenting opinions create uncertainty. The case is now before the Supreme Court of Canada.  British Columbia (which has a carbon price in place,) is intervening on the side of the federal government. B.C. said in 2018, that it believed that the federal government has a right to price pollution while providing the provinces the “flexibility” they need to design their own plans.  Task: A) Read the over the following FACTUM OF THE ATTORNEY GENERAL OF BRITISH COLUMBIA: https://www.scc[csc.ca/WebDocuments[ DocumentsWeb/38663/FM100_Intervener_Attorney[General[of[British[Columbia.pdf B) Answer the following questions based on your understanding of the key legal issues as highlighted by the AG of BC. BE AS PRECISE AS POSSIBLE!!You will answer 4 questions in total.  Section A: Answer one of the following questions /10 (response: 3 paragraphs)  1) Briefly, explain the central objectives/purposes of the GGPPA. What regulatory tools are being purposed to meet those objectives/purposes? Does the GGPA apply to all provinces (explain)?  OR 2) What is the source of this constitutional conflict? Otherwise stated; why is the Supreme Court being asked to analyze the GGPPA’s constitutionality?  Section B: Answer one of the following questions /10 (response: 3 paragraphs)  1) In Canada, the approach to analyzing the constitutionality of legislation challenged on federalism grounds is well established. It has two main steps: i) Characterization and ii) Classification. In your own words, succinctly/accurately describe how BC characterizes and classifies the GGPPA?  OR 2) Why is it important to clearly delineate the GGPPA’s means(the imposition of a charge on fuels/emissions) from its dominant purpose in order to establish the constitutionality of this law? (Remember, in the past, the Supreme Court has cautioned that when determining the pith and substance of a challenged law, a court should not confuse the purpose of the law with the means chosen to achieve that purpose.)  Section C: Answer one of the following questions /10 (response: 3 paragraphs)  1) In your own words, explain how BC utilizes the principles of exhaustiveness and subsidiarityto help classify the GGPPA as falling within the national concern branch of P.O.G.G  OR 2) In your own words, explain the “sui generis”approach to the doctrine of ‘national concern’ as taken by the AG of Saskatchewan. Why does BC reject this approach entirely?  OR 3) In your own words, why is it important to have a narrow/preciserather than broaddefinition of ‘matter’ in national concern case law?  OR 4) Explain how BC understands ‘provincial inability’ as it pertains to ‘national concern.’ In the context of carbon emissions, why is “the mere possibility of inter[provincial cooperation is not enough …”? (AG of BC, GGPPA, pg. 18) Section D: Answer one of the following questions /20 (response: 4 paragraphs)  1) Based on this intervener factum, how does BC define Canadian Federalism? Why does an accurate theory of federalism matter in the context of the GGPPA? How does BC understand Parliament’s ‘general power’ granted by s.91 of the Constitutional Act, 1867?  OR 2) In your own words, explain/explicate the following quote; “Parliament should be encouraged to act as boldly as the common threats to the country mandate, but as cautiously as federalism requires. Courts should limit their holdings to the legislation and record before them …” (AG of BC, GGPPA, pg. 11)  BONUS QUESTION: While the lower court decisions were not concerned with the efficacy of carbon pricing or the viability of the federal government’s strategy for reducing greenhouse gas emissions, in your estimation, can the SCC avoid these extrinsic questions regarding the substance of the legislation when rendering its decision? /2

Watch one of the two documentaries below.  You will need to draft a 1000-word summary and 600-word critique / analysis on the film that you watch.  You may need to move the needle to the left so you can view the film in its entirely. There is a closed caption icon located on the bottom right side of the screen if you need that accommodation.  As you’re watching the film, I’d like you to keep the following questions in mind  What is the documentary about and what is its objective?  Are there any biases in the film? If so, what are they?  What issues are Chicana/os confronting and how are they responding to them? Were their tactics effective?  What social / political organization became involved in the struggle? How significant was their involvement?  Are there any biases in the film? If so, what are they?  Does the film highlight any pressing issues that Chicana/os / Latina/os discussed in the film are confronting today? If so, what are they? ________________________________________________________________________________________________________________________  The Struggle in the Fields  https://www.youtube.com/watch?v=KIHCdjpFPrw&ab_channel=CaliforniaMexicoCtr Quest for a Homeland https://www.youtube.com/watch?v=eYfiCnHW_NU&t=2303s&ab_channel=calmexcenter

Explain the differences in the offenses of riot, rout, and unlawful assembly.

Answer questions 1-8.  1.Based on the EEOC’s Revised Race Guidance, describe any five (5) of the elements that constitute Title VII’s (of the Civil Rights Act of 1964) prohibition of race discrimination. Give an example for each. 2.Francisco, a Hispanic man, is employed by the Inter-Pacific Railroad as a supervisory conductor on its commuter trains. Except for one white woman, all other supervisory conductors are black men. The other supervisor conductors refer to Francisco as “Taco” and used other racial slurs when referring to him. Francisco complains about this to the senior trainmaster and threatens to file a claim with the Equal Employment Opportunity Commission (EEOC). What steps would you suggest the trainmaster follow so as to address Francisco’s concerns and prevent him from filing a claim with the EEOC?  3.Franklin, a U.S.-born individual of English ancestry, works for the China Soul Restaurant, which is owned and operated by two U.S. citizens of Chinese ancestry. Franklin’s co-workers Jin Pan and Lou Jiang, also U.S. citizens of Chinese ancestry, are late for work almost every day, but no action is taken against them even though the owners are aware of Jin and Lou’s tardiness. There is a clearly stated workplace policy that an employee reporting to work late more than once in a 60-day period will be dismissed. Franklin reports to work late twice, and he is dismissed. Explain whether Franklin has a basis for a national origin discrimination claim. 4.Kevin, the owner and manager of a large warehouse, speaks only English. He requires that all his employees speak English to ensure that communication related to work is clear and effective. A number of non-English-speaking workers complain about the policy on the grounds that they can converse in their native languages and still get the job done. If these non-English-speaking employees bring a claim of national origin discrimination on the basis of this policy, what is Kevin’s best defense? Explain. 5.Discuss and explain the six factors that will be considered by the courts and the Equal Employment Opportunity Commission in determining whether an employer has successfully borne the burden of reasonably accommodating an employee’s religious conflict. 6.MaryJo, a very religious woman, takes every opportunity to propagate her religion at work to the extent that it adversely affects her productivity as well as that of those around her. Her employer admonishes her to stop proselytizing at work. She offers instead to simply limit her proselytizing to certain hours of the day. Her employer declines the offer and reminds her that she is being paid to work, not to preach. When MaryJo refuses to accede to her employer’s wishes, she is fired. She files a claim with the Equal Employment Opportunity Commission (EEOC) alleging that her employer failed to accommodate her religious beliefs. Evaluate the merits of her claim. 7.Chad was 54 years old when he was hired as a disc jockey by William. Two years later, as William’s business was failing, Chad was laid off by William. Chad felt that he was laid off because of his age, so he brought a claim of age discrimination against William. On the basis of these facts alone, briefly discuss William’s defenses to Chad’s claim. 8.List the elements that must be established by an employee to persuade the court that she or he has a claim for age discrimination.

Write a short paper (no less than 250 words) in which you explain a modern political conflict in terms of clashes of values. Why is the real solution more complicated than the clash of values presentation suggests?

Class:  LEG100347VA016-1208-001:Business Law I Assignment:  What types of legal claims could Paula make against Cash Mart and Geoffrey? Notes: Introduction In this assignment, you’ll need to decide whether Paula Plaintiff has any legal claims arising from a series of unfortunate events. After reading the scenario, answer the questions that follow, making sure to fully explain the basis of your decision. Paula Plaintiff is shopping at her favorite store, Cash Mart. She is looking for a new laptop, but she can’t find one she likes. Then, realizing that she is going to be late for an appointment, she attempts to leave the store, walking very fast. However, before she can leave, she is stopped by a security guard who accuses her of shoplifting. Paula, who has taken nothing, denies any wrong doing. The officer insists and takes Paula to a small room in the back of the store. The guard tells Paula that if she attempts to leave the room she will be arrested and sent to jail. At this point, the guard leaves the room. Paula is scared and waits in the room for over an hour until the manager comes in and apologizes and tells Paula that she is free to go. About this same time, Geoffrey Golfer is hitting golf balls in his backyard. Geoffrey decides to break out his new driver and hits a golf ball out of his backyard into the Cash Mart parking lot. The golf ball hits Paula Plaintiff on the head and knocks her unconscious just as she is leaving the store. Instructions In a 6–10 paragraph paper, answer the following questions: What types of legal claims could Paula make against Cash Mart and Geoffrey? Consider the following: What are the possible tort claims that Paula can make against Cash Mart? Discuss the elements of the claim and how those elements relate to the facts in the scenario. Was Geoffrey negligent when he hit the golf ball that injured Paula? Discuss the elements of negligence and use facts from the scenario to support your decision. If Paula files a negligence claim against Geoffrey will she file in civil court or criminal court? Explain the difference between civil court and criminal court. This course requires the use of Strayer Writing Standards. For assistance and information, please refer to the Strayer Writing Standards link in the left-hand menu of your course. In addition to your textbook, you have access to Nexus Uni through the Strayer University Library. Please take advantage of this excellent legal resource! The specific course learning outcome associated with this assignment is: Determine if a plaintiff can make legal claims based on the events in a given scenario.

Compare the discussion of the basis and dissolution of government in Locke’s Second Treatise to the Declaration of Independence Questions to ask: – How are these works similar? – Would Locke support the reasoning of the Declaration? Why? – Does the Declaration differ in significant respects to Locke’s treatment of government and revolution?

Keeping in mind noble cause corruption and the ethical issues in regards to it consider the following scenario. You are a detective and are interrogating a suspect in a robbery case.  You tell the suspect that several witnesses will be viewing him in a lineup and he will be picked out, so it would be better for him if he comes clean. The suspect does not make a statement and the lineups proceed, the first witness fails to pick the suspect out, and the second picks him but is not 100% sure and states such to the detective. After two failed identifications the detective goes back into the interrogation room with the suspect and tells him that both witnesses picked him out. This prompts the suspect to make a complete confession. Was this confession legally obtained? What are the ethics relative to this confession? Is this a case of noble cause corruption? Will this confession hold up in court?  .

Using both a closed system and open system analytical framework, describe your local jail. How might these frameworks lead to different views of the jails effectiveness of the causes of jail violence? NO PLAGIARISM