How would you respond?What additional facts will you require?

Employement law class forum 8

Hypothetical case:

EFG Manufacturing, a private company, produces light bulbs. It has 100 employees. 15 of their employees have asked for short breaks during the workday for religious purposes. They have also asked for a small room to be provided for this purpose. The employer has responded that this will create an undue hardship on the company and has denied the request.

Someone from EFG Manufacturing has approached you, an employment law student, for advice.

1) How would you respond?

2) What additional facts will you require (make a list)?

USE THESE SOURCES ATTACHED AS WELL

Explain whether deterrence is working regarding both specific and general deterrence.

Kevin Whalling, Chief Counsel for the Whalling Law Group, PLLC must appear in court on behalf of his client, Citizens for Corrections Reform, in an upcoming Judiciary Committee meeting in Congress.

Citizens for Corrections Reform believes that people are not being sentenced appropriately for crime, and new ways of considering how to conform the public to the law should be considered.

This is a highly politized issue. Mr. Whalling is weighing different options for his client on how to best approach Congress with their wishes.

Mr. Whalling has asked you to prepare a memorandum of law concerning deterrence. Mr. Whalling needs you to discuss the following elements:

Describe Specific Deterrence and give an example of how this works.

Describe General Deterrence and give an example of how it works.

Research Deterrence. Explain whether deterrence is working regarding both specific and general deterrence.

Remember that this is an internal memorandum for Mr. Whalling; while his job is ultimately to support the client,

Citizens for Corrections Reform, you can provide an objective analysis.

How has the American judicial system influenced the development of America’s police forces?Is the Judiciary still influencing America’s police forces today?

JUS-104 Topic 5 – The Judiciary

Instructions: Review and respond to the following questions. Make sure responses are substantive in nature and meet the required word count. There should be at least one reference per question.

Was the British-American judicial system looked upon with favor by American colonists? Why or why not? How did it influence and contribute to the development of the American Judicial system? (150 to 200 words response)

What is the significance of Article 3 of The U.S. Constitution and The Judiciary Act of 1789? Why are these important regarding the powers of the judiciary? (100 to 150 words response)

What role does politics play in the appointment of Supreme Court Justices? (100 to 150 word response)

What is the difference between a prosecutor and a plaintiff? What are the similarities between a prosecutor and a plaintiff? (50 to 100 words response)

Research what it means to be a justice of the peace and write about it. Many justice of the peace positions still do not require the justice of the peace to have legal training. Should that change? Explain. (100 to 150 words response)

Research the accomplishments of Chief Justice Warren Burger. What were some Chief Justice Burger’s accomplishments? Do you think he played a positive or negative role in the development of how the Supreme Court functions? (100 to 150 words response)

How has the American judicial system influenced the development of America’s police forces?Is the Judiciary still influencing America’s police forces today? Explain. (150-200 words response)

 

 

 

 

 

 

 

 

Summarize the limits on governmental powers and methods to obtain private information from people and corporations garnered through the Internet.

Constitutional Issues – Right to Privacy

Prior to beginning work on this discussion, read the Smith (2013) (https://btlj.org/data/articles2015/vol28/28_AR/28-berkeley-tech-l-j-1003-1036.pdf) and Kerr (2012) (https://volokh.com/2012/01/23/whats-the-status-of-the-mosaic-theory-after-jones/) articles and watch the Privacy protection in today’s society video segment below:

https://fod.infobase.com/p_ViewVideo.aspx?xtid=10469

The 4th Amendment to the U.S. Constitution has traditionally applied to tangible materials: home, car, purse, personal belongings, etc. This Amendment states in pertinent part, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated…” In your 400 word minimum initial post, examine how this well over 200 year old amendment applies to the Internet and cyber crime investigations by addressing the following areas.

Explain how the 4th Amendment applies to non-tangible materials, such as the Internet, emails, and social media applications.

Analyze the “reasonable expectation of privacy” for individuals and corporations when utilizing the Internet.

Summarize the limits on governmental powers and methods to obtain private information from people and corporations garnered through the Internet.

Evaluate exceptions to the warrant requirement that police agencies can use to prosecute Internet crime.

Required Resources

Articles

Aldrich, R. W. (2000). Cyberterrorism and computer crimes: Issues surrounding the establishment of an international legal regime (Links to an external site.). INSS Occasional Paper 32: Information Operations Series. Retrieved from https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=2ahUKEwj_yvuA-ZbkAhWDNX0KHddDDZsQFjAAegQIABAC&url=https%3A%2F%2Fpdfs.semanticscholar.org%2F48fa%2F85c336cfabcd3a56c3de4068c46cd33af7ee.pdf&usg=AOvVaw1ADr-Q0lStq1LU2P1lBT-6

Electronic information, data storage and national security electronic reliance create an ominous threat to the increasingly information-based economies of the world’s leading countries. This article explains that the United States, with its highly networked infrastructure, is perhaps both the most powerful and the most vulnerable nation for cyber attack.
Fong, I. K. & Delaney, D. G. (2013). America the virtual: Security, privacy and interoperability in an interconnected world: Leap-ahead privacy as a government responsibility in the digital age (Links to an external site.). American University Law Review, 62(5), 1131-1143.

The full-text version of this article is available through the EBSCOhost database in the UAGC Library. This transcription from a speech transcript of a keynote speech which was delivered by former General Counsel of the U.S. Department of Homeland Security (DHS) Ivan K. Fong and Deputy Associate General Counsel of the DHS David G. Delaney in October 2012 explains the need or the Department of Homeland Security to be continually vigilant and inventive to prevent and investigate cybercrimes in a rapidly changing technological world.
Kerr. O. (2012, January 23). What’s the status of the Mosaic Theory after Jones? (Links to an external site.) Retrieved from http://volokh.com/2012/01/23/whats-the-status-of-the-mosaic-theory-after-jones/

This article explains the latest status of 4th Amendment privacy issues as issued by the United States Supreme Court.
Accessibility Statement does not exist.
Privacy Policy (Links to an external site.)
Smith, L. E. (2013). Jonesing for a test: Fourth Amendment privacy in the wake of United States v. Jones (Links to an external site.). Berkley Technology Law Journal, 28. Retrieved from http://btlj.org/data/articles2015/vol28/28_AR/28-berkeley-tech-l-j-1003-1036.pdf

An examination of whether or not the evolution of surveillance technologies over the last few decades has rendered the 4th Amendment right to privacy null.
Multimedia
Greco, J. I. (Writer), & Halper, A. (Producer). (1997). Privacy protection in today’s society (Links to an external site.) [Video file]. In Privacy and Security-A Fred Friendly Seminar. Retrieved from https://fod.infobase.com/OnDemandEmbed.aspx?token=10469&wID=100753&loid=5784&plt=FOD&w=420&h=315&fWidth=440&fHeight=365

The full version of this video is available through the Films on Demand database in the UAGC Library. This short, three-minute video explains the notion of the right to privacy being a part of the Founding Fathers’ intent for the drafting of the U.S. Constitution, even if the word “privacy” cannot be found in the document.
Accessibility Statement (Links to an external site.)
Privacy Policy (Links to an external site.)
KnowledgeAtWharton. (2012, December 6). Security expert Amos Guiora: “Cyber terrorism poses an enormous threat” (Links to an external site.) [Video file]. Retrieved from https://youtu.be/-zzNtjxo-bk

This 17-minute video examines the threats of cyber crime and evaluates whether or not the United States could experience a “Pearl Harbor-like” surprise, electronic attack.
Accessibility Statement (Links to an external site.)
Privacy Policy (Links to an external site.)
Web Pages
Mitchell, J., & Pate, J. (2003, April 1). The Department of Homeland Security: Goals and challenges (Links to an external site.). Retrieved from http://www.nti.org/analysis/articles/homeland-security-goals-challenges/

This we page provides basic information about the Homeland Security Act: the reason for its creation, its implementation and goals and challenges the Department of Homeland Security faces to carry out its multi-functional purpose.
Accessibility Statement does not exist.
Privacy Policy (Links to an external site.)

Recommended Resources
Web Pages
Department of Justice. (n.d.). What is the USA patriot web (Links to an external site.). Retrieved from http://www.justice.gov/archive/ll/highlights.htm

This Justice Department website provides a synopsis of the highlights of the United States Patriot Act.
Accessibility Statement does not exist.
Privacy Policy (Links to an external site.)
Websites
MSCJ Resources (Links to an external site.) (http://ashford-mscj.weebly.com/)

This resource site will provide assistance in researching additional sources for the assessments within this course.
Accessibility Statement does not exist.
Privacy Policy does not exist.

Discuss the contested and complicated history of the Sovereignty doctrine and its current significance.

International Law Research Paper

The research paper must include a clear thesis statement and two to three arguments (this includes an introduction, analysis, and conclusion). In the analysis, must engage with Third World Approaches to International Law.

Paper topics may include:

What is the role of UN Security in resolving international armed conflict?

What is the role of UN Security Council in prosecuting international war criminals?

What is the role of the UN in maintaining world order?

Can the United Nations (and the UN Security Council) maintain world order?

Can the history of international law explain our present world order?

What is the status of Jerusalem in international law?

Describe and theorize the role of the Third World in the current world order.

Discuss the contested and complicated history of the Sovereignty doctrine and its current significance.

What is the history of statehood and why is it so contested?

Critically discuss the sources of international law from a “Third World Approaches to International Law” perspective.

Paper must not exceed 23 pages (e.g 6000 words), double spaced, Times New Roman or Arial, font size 12 (twelve), margins: one inch (Left Right/Top Bottom). Word count does not include footnotes

Footnotes/Citations: Proper citations are required based on the Canadian Guide to Uniform Legal Citation, 9th ed (the Mcgill Guide)

Has the law been amended to prevent the miscarriage from reoccurring today?Or have any guidelines been implemented to prevent a similar miscarriage of justice from occurring?

Criminal case study

Select and research ONE case from the list below, and then proceed to write an essay in the form of a case study, which incorporates all of the points listed below:

R v Angela Cannings [2004] EWCA (Crim) 01.

R v Maguire and Others [1991] LRC (Crim) 227.

( you can choose which one as I'm not mind)

In order to answer the question fully, you will need to include:

A definition of ‘miscarriage of justice’;

A summary of the facts of the case;

An explanation of the point during the Criminal Justice System that the miscarriage of justice occurred;

A brief analysis of the evidence presented in court;

The verdict;

The sentence;

The consequences of the ‘miscarriage of justice’; How was the miscarriage of justice resolved;

Has the law been amended to prevent the miscarriage from reoccurring today?Or have any guidelines been implemented to prevent a similar miscarriage of justice from occurring?

Follow the details from the exam paper. Need to be Oscola referencing.

Discuss issues from the readings that you found particularly interesting.

Response Paper

Response papers. Each student will be required to submit three response papers during the semester. Each response paper should be at least three full pages (double-spaced). The papers should respond to two or more cases in the readings for that week. Do not devote extended space to summarizing the readings.

Instead, you should use the papers to:

1) take a position agreeing or disagreeing with the readings;

2) make a further observation about the points discussed in the readings;

3) compare and contrast the readings; or

4) in any other way discuss issues from the readings that you found particularly interesting. No outside research is required. The response paper will to the below cases and reading in the links below:

https://www.hollywoodreporter.com/business/business-news/california-appeals-court-discusses-newsworthiness-floyd-mayweathers-social-media-posts-98916-989164/

https://casetext.com/case/dahlstrom-v-sun-times-media-llc-4

https://casetext.com/case/haynes-v-alfred-a-knopf-inc

Link the news on Hollywood reporter with the two cases as instructed above.