These three questions are based on the readings packet distributed last week. Answer one of the questions in a clear and concise manner.
Keep your answer to 3 typed pages or less. Save it as a Word document. Label it: nameLegalFinal
Submit your answer in the FINAL EXAM
1. Michigan v. EPA Discuss the public management concerns for Michigan bringing this suit. Explain if Michigan or the EPA has a more compelling position regarding what action is in the public interest.
2. Confederate Flag License Plates What type of administrative activity is discussed in this reading: rulemaking or adjudication? Be sure to briefly explain what facts and criteria you used to reach your conclusion. Discuss whether Buffalo soldiers and the Confederate flag are really comparable subjects to be on license plates.
3. Restricted Access to Public Records Here state residents are treated differently than out-of-state residents. Explain whether this is fair. Then discuss the differences between the constitutional and statutory rights in this situation.
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Joe Jones buys a home in a neighborhood bordering the Fresh Kills Landfill on Staten Island. Although it has been closed for more than ten years and is now capped by a synthetic liner and a layer of topsoil planted with grass and shrubs, the landfill continues to generate methane gas. The City of New York operates a “state-of-the art” gas collection system which collects the gas beneath the cap and burns it in generators that make electricity. After living in the home for three years, Joe Jones observes that some of his trees are dying, and he believes that the methane from the landfill is responsible. He also believes that the presence of the landfill containing decades of the City’s solid waste is depressing property values throughout Staten Island, including the value of his own home. He decides to sue the City of New York.
Using the principles discussed in Copart v. Con Ed, discuss whether Joe Jones can state a claim against the City for maintaining a public nuisance or a private nuisance with respect to his dead trees.
Using the principles discussed in Boomer v. Atlantic Cement, discuss whether he can obtain injunctive relief to compel the City to remove the waste buried in the landfill, or recover monetary damages for the lower value of his property and other properties on Staten Island.
In the summer of 2017, Mr. Brown purchased a house on the shore of Lake George, N.Y., a community known for its pristine environment, beautiful scenery and cold winters, among other things. The house is heated by oil, which is stored in a 500 gallon above ground outdoor tank adjacent to the rear of the house. The tank is five years old and in good condition. The prior owner of the home is Ms. Black, an architect who designed and built it only five years before.
After moving in, Mr. Brown makes an agreement with a division of Exxon Corp to deliver oil to the tank on a regular schedule.
In February 2018, after several heavy snowfalls, an unusual warm spell melts and dislodges a large accumulation of ice on the roof of the house, which slides off the roof and lands on the oil tank, which is positioned beneath the eaves. The tank ruptures and spills over 450 gallons of oil into Lake George. Mr. Brown immediately reports the spill to DEC , which conducts an emergency cleanup, costing over $100,000.
DEC brings an action against Mr. Brown as a “discharger” under the Navigation Law to recover the cost of the cleanup. Under the principles articulated in White v. Long, NYS v. Green, and NYS v Speonk Fuel discuss
the liability of Mr. Brown to New York State
the liability of Ms. Black to Mr. Brown
the liability of Exxon to either Mr. Brown or New York State.
In the summer of 2016, a large quantity of fill is discovered on vacant property owned by the County of Suffolk. Through an investigation conducted by the State of New York, the fill is determined to have been delivered, without the knowledge of the County, by 10 different waste disposal firms who were to supply disposal service to 10 different property owners undertaking excavation and construction projects. Both the disposal firms and property owners knew the fill was going to be disposed of at the site.
The fill is also determined to contain hazardous substances.
The State incurred costs of $50,000 to conduct its investigation of the dumping and the testing of the fill. The State brings an action under CERCLA and common law nuisance to recover its costs, and to obtain an injunction to compel the removal of the fill from the site.
Using the principles discussed in New York v Shore Realty and BF Goodrich v Murtha discuss the liability of the following defendants to the State and to each other:
The County
The Disposal Firms
The Property Owners
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Ariane lives with her cousin, Barack, in a large house that Barack owns. Ariane is a baker and helps Barack to run his catering business from the premises. In exchange, she is allowed to occupy one wing of the property without payment. Barack wishes to retire, and one morning over coffee they discuss the possibility of Ariane buying the house from Barack and continuing to run the business. Barack promises that he will sell the house to Ariane if he can find a suitable home in Spain to retire to. Believing that she can rely on Barack’s word, Ariane sells her beloved jewellery to raise money to fund the purchase. She also spends money purchasing new equipment to improve the long-term prospects of the business. The following week, Ariane writes a formal letter to Barack offering to buy the property for £750 000. Barack writes a letter back saying that he accepts her offer but that he still needs to find an alternative property in Spain. Unfortunately, before any further progress can be made Barack and Ariane have a huge row. Barack tells Ariane to leave the house, and informs her that he will not go through with the sale.
Advise Ariane what rights, if any, she may have in the property.
OR
“The existence of a category of rights which will bind a proprietor, despite not being noted on the register, is inimical to this goal [of making the register as accurate and reliable as possible”
M Thompson and M George, Thompson’s Modern Land Law (6th edn, 2017) 137
Is the protection afforded to overriding interests under the Land Registration Act 2002 justified? Discuss critically.
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This assignment continues the theme of exploring what may be gleaned for other models of crime and justice. Although “thinking globally, acting locally” is not a new concept, it has been passively accepted over the years rather than strategically implemented within the U.S. criminal justice system. Your role in this assignment is to explore global criminal justice models, seeking solutions to critical issues within the U.S. criminal justice model and attempting to find viable solutions to problems within the U.S. criminal justice system.
Instructions
In this unit’s Studies, you viewed the media piece Riverbend City: Thinking Globally, Acting Locally. For this assignment, you are tasked with putting together a PowerPoint presentation, containing 15–20 slides, in which you develop creative solutions for social, political, and legal challenges affecting law enforcement and security operations. You should strive to maintain a global perspective on this assignment, gleaning information from other countries and applying that information to the U.S. criminal justice system.
You will use the speaker’s notes section on the PowerPoint slides to provide all the information relevant to each slide. You must use Adobe Connect to record your presentation. Refer to Unit 1, Study 2 for more information on this requirement.
Each slide must have no more than 4–5 bullet points, and each bullet must have no more than 4–6 words. Use graphics liberally throughout the presentation, but ensure that they are appropriate for the content. PowerPoint tutorials are available on Capella’s Microsoft Office Software page, linked in the Resources.
Make sure your presentation contains the identified slide headings that address the critical elements aligned with the grading criteria:
Include title.
State the reasons for the presentation (2–3 slides).
Assess criminal justice practices and security challenges to identify creative solutions to pervasive problems within the U.S. criminal justice system. (3–4 slides)
Propose means of promoting creative solutions to criminal justice practices and security challenges (3–4 slides).
Develop methods for overcoming resistance to resolving troubled relations between criminal justice organizations and particular communities (3–4 slides).
Evaluate methods for assessing approaches that seek to promote democratic principles within the U.S. criminal justice system (3–4 slides).
Include references: Use a minimum of 10 sources in current APA style and formatting, paying particular attention to citations and references.
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Individuals currently have a rather interesting status within international law. They are theoretically subjects to IL, but not fully. This is because they are bound by certain international obligations in which they are held accountable individually. However, they still need, largely at the very least, the State (s) to enforce their rights (human rights for example). Discuss the process of development of legal personality of the individual in international law before and after the twentieth century.
In your text, make sure you:
– Reference correctly (in-text references and quotations please, may use footnote) AND present a bibliography at the end. No specific format necessary, as long as formatting is correct and consistent throughout the paper. – Answer the questions relating to the reading material – Show the importance of what you are writing – Link/ connect your ideas clearly – Organize your text (introduction, development and conclusion) – Only include relevant information – Provide examples
3.3.2. When developing your paper, be attentive to answering these questions: – How was the status of the individual under IL before 20th century? (exception to the rule?) – How is it currently? – Landmarks of the change? – Why the change? – How is the status of the individuals different when compared to the States, IOs, NGOs? – Prospects for the future? – Your opinion.
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Response to Discussion on Three Strike Law Review at least 1 other student’s Key Assignment Outline and provide meaningful feedback.
Response to Discussion on Three Strike Law
Refrain from general feedback, such as simply stating “good job.” Your feedback to other students is most helpful if you not only point out weak areas but also offer suggestions for improvement. The best feedback takes a three-stage approach to identify what was done well, weaknesses, and areas for improvement.
Student paper down below:
Introduction 11. Three Strike Law
What is the Three Strike Law B. What crimes are under the Three Strike Law
California Three Strike Law
The Alternative
Prosecutor manipulate
Probation
Community service
Prosecutor “load up” charges with the Defendant for plea bargain how to prevent the practice.
What is plea bargain?
What is a plea bargain why is it is used?
Can a judge overturn a plea bargain?
Will my policy allow multiple counts as of Three Strike Law
What type of Crime?
Repeat crimes how many times C. Could the criminal be evaluated or treated
V1. One alternative supervised probation cost effective for a person than in incarcerated.
Jerome is a Foundation Year student at Colset University. One evening, he went to a student party and on his way back to the halls of residence one of his friends, Zahid, suggested that they should have a refreshing swim in the outdoor pool at the local Sports Club. Jerome had been drinking so he agreed as he thought that this would clear his head. Jerome and Zahid went to the pool area. Zahid went to get changed. During this time, Jerome decided to enter the swimming pool area although there was a sign that said that the pool was closed but it was difficult to see it in the dark. The shallow end of the pool was marked with a notice saying ‘No diving’. The lights illuminating the pool were off and no life guard was there. Jerome also remembered that they had been told that the pool was closed for repairs. Despite this, he dived in the shallow end and hit his head on the bottom of the pool injuring himself badly.
With reference to the Occupier’s Liability Act, explain whether you think the Sports Club is liable for Jerome’s injuries. Consider the sign and the extent to which it might limit or exclude liability. You must use case authorities to support your answer.
Assessment criteria
Please look at the unit Solent Online Learning site to see the assessment criteria we will be using to assess your work. You will be expected to show:
The appropriate format for your answer
A clear understanding of what the question is asking you to do, i.e. paying attention to the requirements of the question
Appropriate research in preparation for your answer
Appropriate use of cases to support your answer
Proper referencing and a full bibliography in accordance with OSCOLA – with your bibliography set out in a final section beginning on a new page
The proficient use of legal and other information and materials
A structured discussion of the relevant issues
An effective and precise use of written English
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To begin drafting your final paper and to practice writing in APA style
To think critically and carefully about your argument and research objectives
To get feedback on your writing
Late Policy: The assignment is considered late if you submit after the deadline. For each day the assignment is late, 10 points will be deducted.
Instructions: This assignment should include a title page, introduction, method, and references in APA format. Please use this assignment sheet as a checklist for your paper.
Title/Title Page/First Page:
The title is informative, descriptive, and concise. The title stands alone in summarizing the study.
The title should tell the reader about your analysis and topic, including outlining your variables of interest.
The title follows APA format (i.e., is 12-15 words in length).
The title page is on a separate page and follows APA format, including a header, page number, title, author name, and institution name.
The first page of the paper includes a header that is different from the title page and repeats the title before the introduction.
Introductory Paragraphs:
The introductory paragraphs are engaging and informative and clearly illustrate the problem.
The introductory paragraphs define key terms and/or processes, in your own words.
The introductory paragraphs lead to a strong, informative objective statement that highlights the problem under investigation.
Literature Review Paragraphs:
The following paragraphs discuss relevant literature in an integrative way.
They utilize and successfully incorporate scholarly sources to support your arguments.
The sources are peer-reviewed and relevant to the paper.
The findings of the scholarly sources are adequately described.
The final paragraphs discuss the limitations of the literature and how the present study fills the gap.
Method:
The Method section outlines the details of the study:
The participants, including number and relevant demographics, are described.
The procedure is clear and thoughtful. Relevant details (e.g., what will the participants do, what will the study entail, how long the study will take place) are described.
The materials, including dependent variables, are clearly explained and cited.
The methods to be used are appropriate and the data to be collected are identified.
In consideration of IRB (be sure to cite which IRB considerations) describe the ethical manner in which you will use to collect data.
References:
References are on a separate page and the label, “References,” is centered on the page.
There are at least 5 peer-reviewed sources in alphabetical order.
The sources follow APA format, including rules about capitalization, italicization, etc.
Writing/APA Guidelines:
The paper is well-organized, well-written (with minimal writing errors), edited, and clear.
The paper is double-spaced, includes 1-inch margins, and uses size-12, Times New Roman font.
The in-text paper citations are in APA format.
The paper includes headings throughout that are in APA format (e.g., Literature Review, Method).
The verb tenses for each section follow APA recommendations (i.e. future tense as ” the proposed study will….”).
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George Matesky: A study of the development and Utilization of Criminal Profiling
Please Discuss the Case of George Matesky and how this led to development of Criminal profiling and how it has continued to be used to day. Please discuss from a Forensic Psychology Perspective.
Please let me know if you have any questions.
Use at least three (3) quality references Note: Wikipedia and other related websites do not qualify as academic resources.
Your assignment must follow these formatting requirements:
Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions.
Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.
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The Jonas Brothers are looking for new markets for four major reasons: the increased safety regulations in the US, increased competition, high insurance costs to cover legal risks for owners, and children’s safety groups. The brothers believe their trampolines are safe and that they furnish beneficial exercise to children and adults (as well as being a good source of family entertainment). They believe it is essential to find new markets outside the US.
Using the illustration entitled “Figure Four Ways of Doing Business,” in International Business Management (https://www.tutorialspoint.com/international_business_management/international_business_management_tutorial.pdf) on page 32 of the Tutorials Points link, help the Jonas’ decide whether to go global or to stay local while improving the current business in a holistic manner.
Explain how you arrived at your answer and what other factors must be considered in choosing a strategic option.
Learning Activity #2
The Jonas Brothers think that they can go into other countries and manage the business just like the one in the US.
Explain to the Jonas’ in a memo some of the major differences and challenges in managing the operations abroad.
Please only post a single discussion thread that includes your responses to both learning activity 1 &2.
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