Posted: March 7th, 2017
Please quote and give summary of the question. One longer than a paragraph per point.
Unit 1 • Evaluating Dolan v. City of Tigard, as a public administrator, take a position on whether you agree or disagree with the approach that the U.S. Supreme Court developed. Support your position with examples or evidence. • Analyzing Grose v. Sauvegeau, explain with details whether you agree or disagree that Sauvegeau should prevail. • Evaluating Thompson v. Voldah as government takes on more and more functions, explain if it makes sense for the rules to be different for private contractual parties especially when the contract states (as with “duly authorized”). Support your position with examples or evidence. • Analyzing Brunoli, Inc. v. Town of Bradford, identify and then describe the remedies that should be available. Explain which you would recommend to be the best remedy for both parties.
Unit 2 • Analyze Garcetti v. Ceballos, to determine whether or not the Pickering balancing test is applicable to this case and state why or why not. • Many states are facing budget constraints that are shining a light on public employees’ pay and benefits, which have led to debates about state employees’ collective bargaining rights. From a public administrator perspective, speculate to the short-term and long-term effects if limited collective bargaining is adopted. Hint: Look at all the stakeholders involved. • Examine the Federal Tort Claims Acts (FTCA). Discuss whether these laws reduce the risk to citizens or does it serve a compelling state interest. Analyze Dolan v. United States Postal Service. • As a public administrator, discuss which view you find more persuasive – that sovereign immunity should be narrowly or broadly construed. State why with examples or evidence to support your position. Unit 3 • Explain with examples how the Eighth Amendment restricts the government’s authority to make something a crime. • Analyze Papachristou v. City of Jacksonville. As a public administrator, explain whether there should be a higher concern for public safety or for individual rights. Support your position with examples or evidence. • Evaluate United States v. Agurs. Another very important public policy issue is an appreciation for the difference between obtaining a high conviction rate or being perceived as “tough on crime,” and seeking justice. Debate your position on the death penalty regarding whether it is used for justice or for other purposes. Support your position with examples or evidence. • In the text, it states that “the (Supreme) Court has agreed that the death penalty can be constitutionally sustained only if its imposition is consistent with ‘evolving standards of decency’.” With so many juveniles committing heinous crimes, take a position and debate as a public administrator on whether you think the death penalty should be allowed for juveniles? Use the e-Activity case as a reference for discussion Unit 4 • Agency power combines the executive and legislative powers with respect to rule making and the legislative and judicial powers with respect to adjudication. Pick two agencies and compare and contrast the power each agency has in enforcing the regulations they are asked to uphold. Discuss why it is challenging for some agencies to enforce regulations and why it may be easy for other agencies to enforce regulations. • Evaluate Bring v. North Carolina State Bar. Apply the court’s ruling on delegation to another situation of your choice to determine at what point delegation should stop. • After reading the case summary, People v. Howard, if you were an Illinois state legislator, would you support a bill in response to People v. Howard that provides that only conduct specifically prescribed by a state statute may be a predicate offense for official misconduct? Why or why not? • Evaluate Van Itallie v. Franklin Lakes. Based on the facts described in Van Itallie v. Franklin Lakes, take a position and explain what you would have done differently, if anything, if you were the council members. Unit 5 • Read the case summary of Alyeska Pipeline Services Co. v. Wilderness Society. Discuss the court’s analysis that the legislature, not the courts, need to address responsibility for lawyers’ fees? Discuss why there is resistance to liberalizing lawyers’ fees awards? Explain if there is another approach, such as proportionate responsibility or capping fees? • Evaluate Dondi Properties Corp. v. Commercial Savings & Loan Ass’n. Compare and contrast the benefits, in the long run, of following the judges’ rules. From a personal perspective, will you be able to resist the temptation to engage in such tactics when you are involved in litigation? Even when the other side has engaged in them? • The attorney-client privilege is an important part of the client-lawyer relationship. Discuss the extent that the public records or open meeting laws should override the privilege. • In the text, the section of “Insincerity Seemingly Is Rewarded in the Adversarial System” gives a precursor to the trial?) system. Discuss whether the need for lawyers to act zealously to win cases explains why lawyers act in sometimes “immoral” ways.
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