Category: Law

Part 1
Directions:
Summary
Congress first defined eligibility for citizenship by naturalizationin this law, and limited this important right to “free white persons.” In practice, only white, male property owners could naturalize and acquire the status of citizens, whereas women, nonwhite persons, and indentured servants could not. Access to citizenship would become more expansive over time; although, the racial restriction was not eliminated entirely until 1952. This law produced the legal category of “aliens ineligible for citizenship ” which largely affected Asian immigrants and limited their rights as noncitizens to key realms of life in the United States such as property ownership, representation in courts, public employment, and voting.
Source
United States Congress, “An act to establish an uniform Rule of Naturalization” (March 26, 1790).
Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That any Alienbeing a free white person, who shall have resided within the limits and under the jurisdiction of the United States for the term of two years, may be admitted to become a citizen thereof on application to any common law Court of record in any one of the States wherein he shall have resided for the term of one year at least, and making proof to the satisfaction of such Court that he is a person of good character, and taking the oath or affirmation prescribed by law to support the Constitution of the United States, which Oath or Affirmation such Court shall administer, and the Clerk of such Court shall record such Application, and the proceedings thereon; and thereupon such person shall be considered as a Citizen of the United States. And the children of such person so naturalized, dwelling within the United States, being under the age of twenty one years at the time of such naturalization, shall also be considered as citizens of the United States. And the children of citizens of the United States that may be born beyond Sea, or out of the limits of the United States, shall be considered as natural born Citizens: Provided, that the right of citizenship shall not descend to persons whose fathers have never been resident in the United States . . .
DISCUSSION QUESTIONS
Post your answers to the following questions after also reading Parts 1, 2, and 3 here.
After Congress passed the Nationality Act of 1790, who could become a citizen through naturalization and what did eligible immigrants have to do to gain citizenship rights?
Who would have been excluded from citizenship through naturalization under the Nationality Act of 1790?
How might access or a lack of access to naturalization and citizenshiprights have impacted different immigrant communities over time? Look up how many years later women got the right to vote and own property and the Civil Rights Act took place. Now, consider how owning a house, for example, can increase a family’s wealth and opportunity for inheritance over time ( a 300,000 dollar home requires a minimum of 60,000 dollars in cash to take out a reasonable loan …20% down and the bank loans the rest. Working hourly on minimum wage, it is difficulty to save 60,000 dollars in cash–Many families area able to put that cash payment down through inheritance after a family member dies, the home is either inheritated or sold, providing cash for another purchase. Over time, all the members of the family begin to own property and wealth accumulation and wealth transfer along the security it provides is established. This often takes generations to build if the family was not already royalty (rich to start with). Gollnick and Chinn (2021) talk about the “myth of the meritocracy” and the American attachment to “working hard to get ahead.” (p.16) What is the meritocracy, in this context why do Gollnick and Chinn (2021) call it “the Myth of the Meritocracy” and how did working hard to get ahead allow some to get ahead and some to stay in place? Make connections here to historical legal obstacles and what these laws revealed about American culture. Cite Gollnick and Chinn (2021) accurately using APA citation style.
Part 2
The links available are just a starting point. They are not the only place you should go to research your topic. You will need to go beyond the links to answer the questions. You will need to use the textbook also and find other information on the internet. In the Learning Module on Law and Education are live links to information on each law or court case to get you started.
This is the law I am doing (prop 227 and prop 58)
https://edsource.org/2017/a-new-era-for-bilingual-education-explaining-californias-proposition-58/574852.
research the law you have selected and present a brief summary of the law including this information. Presentation shouldn’t be no more than five to seven minutes.
• What is the law (Define it/state the law or case decision)?
• What was the historical treatment of those who are now being protected by the law or court decision? In general, how were the people (who are now protected) being treated and why?
• What is the story of the law or case? Tell who was wronged or whose rights were violated, or who needed protection and why?
• What is the result/impact on students, teachers, and schooling? What are the implications for educators and classroom practice? Re-visit Chapter 1. Reflect the following American cultural concepts: the meritocracy and egalitarianism, the dominant culture, privilege, marginalization, acculturation, assimilation, cultural identity, cultural relativism, social justice. Consider these concepts are defined. Historically, what groups in America have enjoyed the benefits of these concepts and what groups have not and why? Is it possible to work hard and not get ahead in America? Why? Explain how these concepts maybe understood differently by different groups. How do you explain your upbringing related to these concepts? (cite the text). Always cite articles (using APA in-text citation format, text chapters (author and date), page if you are quoting word-for-word, and videos when appropriate. The point in all discussions is showing that you can analyze and discuss using supportive evidence from the assigned readings.
Prepare a presentation addressing your law. Use APA within your presentation. Write your informed professional opinion. This means you give your opinion only if you can support what you say or explain what you say with references to the theories and concepts from the text and readings.

Part 1
Directions:
Summary
Congress first defined eligibility for citizenship by naturalizationin this law, and limited this important right to “free white persons.” In practice, only white, male property owners could naturalize and acquire the status of citizens, whereas women, nonwhite persons, and indentured servants could not. Access to citizenship would become more expansive over time; although, the racial restriction was not eliminated entirely until 1952. This law produced the legal category of “aliens ineligible for citizenship ” which largely affected Asian immigrants and limited their rights as noncitizens to key realms of life in the United States such as property ownership, representation in courts, public employment, and voting.
Source
United States Congress, “An act to establish an uniform Rule of Naturalization” (March 26, 1790).
Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That any Alienbeing a free white person, who shall have resided within the limits and under the jurisdiction of the United States for the term of two years, may be admitted to become a citizen thereof on application to any common law Court of record in any one of the States wherein he shall have resided for the term of one year at least, and making proof to the satisfaction of such Court that he is a person of good character, and taking the oath or affirmation prescribed by law to support the Constitution of the United States, which Oath or Affirmation such Court shall administer, and the Clerk of such Court shall record such Application, and the proceedings thereon; and thereupon such person shall be considered as a Citizen of the United States. And the children of such person so naturalized, dwelling within the United States, being under the age of twenty one years at the time of such naturalization, shall also be considered as citizens of the United States. And the children of citizens of the United States that may be born beyond Sea, or out of the limits of the United States, shall be considered as natural born Citizens: Provided, that the right of citizenship shall not descend to persons whose fathers have never been resident in the United States . . .
DISCUSSION QUESTIONS
Post your answers to the following questions after also reading Parts 1, 2, and 3 here.
After Congress passed the Nationality Act of 1790, who could become a citizen through naturalization and what did eligible immigrants have to do to gain citizenship rights?
Who would have been excluded from citizenship through naturalization under the Nationality Act of 1790?
How might access or a lack of access to naturalization and citizenshiprights have impacted different immigrant communities over time? Look up how many years later women got the right to vote and own property and the Civil Rights Act took place. Now, consider how owning a house, for example, can increase a family’s wealth and opportunity for inheritance over time ( a 300,000 dollar home requires a minimum of 60,000 dollars in cash to take out a reasonable loan …20% down and the bank loans the rest. Working hourly on minimum wage, it is difficulty to save 60,000 dollars in cash–Many families area able to put that cash payment down through inheritance after a family member dies, the home is either inheritated or sold, providing cash for another purchase. Over time, all the members of the family begin to own property and wealth accumulation and wealth transfer along the security it provides is established. This often takes generations to build if the family was not already royalty (rich to start with). Gollnick and Chinn (2021) talk about the “myth of the meritocracy” and the American attachment to “working hard to get ahead.” (p.16) What is the meritocracy, in this context why do Gollnick and Chinn (2021) call it “the Myth of the Meritocracy” and how did working hard to get ahead allow some to get ahead and some to stay in place? Make connections here to historical legal obstacles and what these laws revealed about American culture. Cite Gollnick and Chinn (2021) accurately using APA citation style.
Part 2
The links available are just a starting point. They are not the only place you should go to research your topic. You will need to go beyond the links to answer the questions. You will need to use the textbook also and find other information on the internet. In the Learning Module on Law and Education are live links to information on each law or court case to get you started.
This is the law I am doing (prop 227 and prop 58)
https://edsource.org/2017/a-new-era-for-bilingual-education-explaining-californias-proposition-58/574852.
research the law you have selected and present a brief summary of the law including this information. Presentation shouldn’t be no more than five to seven minutes.
• What is the law (Define it/state the law or case decision)?
• What was the historical treatment of those who are now being protected by the law or court decision? In general, how were the people (who are now protected) being treated and why?
• What is the story of the law or case? Tell who was wronged or whose rights were violated, or who needed protection and why?
• What is the result/impact on students, teachers, and schooling? What are the implications for educators and classroom practice? Re-visit Chapter 1. Reflect the following American cultural concepts: the meritocracy and egalitarianism, the dominant culture, privilege, marginalization, acculturation, assimilation, cultural identity, cultural relativism, social justice. Consider these concepts are defined. Historically, what groups in America have enjoyed the benefits of these concepts and what groups have not and why? Is it possible to work hard and not get ahead in America? Why? Explain how these concepts maybe understood differently by different groups. How do you explain your upbringing related to these concepts? (cite the text). Always cite articles (using APA in-text citation format, text chapters (author and date), page if you are quoting word-for-word, and videos when appropriate. The point in all discussions is showing that you can analyze and discuss using supportive evidence from the assigned readings.
Prepare a presentation addressing your law. Use APA within your presentation. Write your informed professional opinion. This means you give your opinion only if you can support what you say or explain what you say with references to the theories and concepts from the text and readings.

Struggling with where to start this assignment? Follow this guide to tackle your assignment easily!

---

Part 1: Analysis of the Nationality Act of 1790 and its Historical Context

1. Who could become a citizen through naturalization under the Nationality Act of 1790, and what did eligible immigrants have to do to gain citizenship rights?

• Summary of Citizenship Eligibility: According to the Nationality Act of 1790, only “free white persons” who had resided within the United States for two years could apply for citizenship. They had to be of good character, take an oath to support the U.S. Constitution, and prove they had lived in the country for the required amount of time. The children of these naturalized citizens, if under 21 years old, also gained citizenship.

2. Who would have been excluded from citizenship through naturalization under the Nationality Act of 1790?

• Excluded Groups: Nonwhite persons, women, and indentured servants were excluded. The racial restriction meant that Asian immigrants and other nonwhite groups were not eligible for citizenship. Additionally, women were not able to naturalize independently, and their legal status was tied to their fathers or husbands.

3. How might access or lack of access to naturalization and citizenship rights have impacted different immigrant communities over time?

• Historical Impact: The exclusion from citizenship meant that certain communities (especially nonwhite immigrants, such as Asian and Black individuals) were denied many rights. For example, they couldn’t own property, vote, or access public services in the same way white citizens could. As a result, these groups were marginalized and faced systemic inequalities. The denial of citizenship also impacted generational wealth accumulation since noncitizens couldn’t own property, limiting their ability to pass on assets to their descendants. Over time, this compounded the economic disparity between white Americans and immigrant communities.

4. Consider the concept of “Meritocracy” and why Gollnick and Chinn (2021) refer to it as a “Myth”

• Meritocracy Concept: In the context of the Nationality Act of 1790, meritocracy suggests that success and upward mobility come from hard work and talent. However, Gollnick and Chinn (2021) argue that the “myth of the meritocracy” is based on an unequal foundation. Historical legal barriers, like the 1790 law, meant that not everyone had equal access to the opportunities that would allow them to succeed. As a result, groups historically marginalized by race, gender, and immigration status were often denied the chance to work hard and get ahead.
• Historical Legal Obstacles and American Culture: Laws like the Nationality Act of 1790 reflected American culture’s exclusionary practices. By limiting citizenship to only certain groups, the law reinforced existing power structures, keeping wealth, education, and political power concentrated among white, male property owners. It created an unequal system where “hard work” alone couldn’t overcome racial and gender barriers.

Citation for Gollnick & Chinn (2021):

• Gollnick, D. M., & Chinn, P. C. (2021). Multicultural Education in a Pluralistic Society. Pearson Education.

---

Part 2: Research on Proposition 227 and Proposition 58 (Bilingual Education)

1. Brief Summary of the Law (Proposition 227 & 58):

• Proposition 227 (1998): This law effectively banned bilingual education in California public schools and mandated that non-English-speaking students be placed in English immersion programs. The rationale behind it was to push for faster assimilation into English-speaking society.
• Proposition 58 (2016): This proposition repealed Proposition 227, allowing school districts to offer bilingual education programs and giving parents more control over how their children would be educated. Proposition 58 was a response to the growing recognition of the value of bilingualism and multiculturalism in California’s diverse population.

2. Historical Treatment of Protected Groups:

• Before Proposition 227: Immigrant students, especially those from Spanish-speaking backgrounds, were often segregated into special classes that did not support their bilingual education. They were often treated as “less capable” or as needing to “catch up” rather than being seen as holding valuable linguistic skills. Proposition 227 reflected a belief in assimilation that ignored the benefits of bilingualism and marginalized immigrant languages.
• Before Proposition 58: Immigrant students were limited by laws that restricted access to bilingual education. Many were placed in English-only programs, which often resulted in language barriers and academic struggles.

3. The Story of the Law:

• Who was wronged and needed protection? Immigrant children and their families were harmed by Proposition 227, as it denied them access to bilingual education, essential for preserving their cultural identity while also succeeding academically. Proposition 58 sought to correct this by giving families the option to choose bilingual education.

4. Impact on Students, Teachers, and Schooling:

• Impact on Students: Proposition 58 allows students to maintain their heritage language while acquiring English, which can lead to greater academic success and cultural pride. In contrast, Proposition 227’s elimination of bilingual programs was detrimental to many students who struggled with English.
• Impact on Teachers: Teachers now have more flexibility to design programs that accommodate the diverse linguistic backgrounds of their students. They can use bilingual approaches to teaching, promoting inclusivity and academic achievement.
• Implications for Educators: Teachers must understand the value of bilingualism, cultural identity, and social justice to effectively support immigrant students. Educators need to embrace diversity and teach in ways that respect students’ cultural backgrounds.

5. Reflecting Cultural Concepts:

• Meritocracy and Egalitarianism: Proposition 227 reflected a narrow view of meritocracy that focused on assimilating students rather than recognizing the value of their existing linguistic abilities. Proposition 58 challenges this by promoting bilingualism, which can improve educational outcomes and better reflect an egalitarian society.
• Dominant Culture and Privilege: The dominant culture’s focus on English-only education marginalized immigrant cultures and languages. Proposition 58 reflects a shift toward recognizing the value of diversity.
• Acculturation vs. Assimilation: Acculturation values both the immigrant’s heritage and their new culture, whereas assimilation forces a one-sided cultural exchange. Proposition 58 supports acculturation by allowing immigrant children to retain their cultural identity while integrating into society.

Citation for Proposition 58:

• EdSource. (2017). A New Era for Bilingual Education: Explaining California’s Proposition 58. Retrieved from https://edsource.org/2017/a-new-era-for-bilingual-education-explaining-californias-proposition-58/574852

---

Conclusion:

• Summarize the importance of understanding how historical legal barriers have shaped contemporary issues like naturalization, citizenship, and education.
• Reflect on how legal changes, such as those in the Nationality Act of 1790 and Proposition 227/58, reflect broader cultural shifts, particularly in terms of equality, privilege, and the values of meritocracy and multiculturalism.

Before class Monday, please answer the usual questions regarding:
The Dynamics of Law, Chapter 4
Before class Wednesday please answer the usual questions regarding:
Bryan Smith. (2014). “The Trouble with Robbins,” Chicago Magazine.
https://www.chicagomag.com/chicago-magazine/december-2014/the-trouble-with-robbins/
The Lone Liberal Republican, A Politically Moderate Guide to Police Reform, including Things You Can Do to Help, Reform #4: Give Police Executives More Power to Terminate Abusive Officers

Struggling with where to start this assignment? Follow this guide to tackle your assignment easily!

Step 1: Read and Understand the Assigned Materials

• Article: “The Trouble with Robbins” by Bryan Smith (2014) – Focus on legal and social issues in Robbins, IL.
• Book: The Lone Liberal Republican – Analyze Reform #4: Give Police Executives More Power to Terminate Abusive Officers.

Step 2: Answer the Usual Questions

1. Summary of Key Points
   • Identify main arguments, issues, and perspectives in both readings.
   • Summarize legal, social, and political themes.
2. Legal and Ethical Implications
   • How do these issues relate to law enforcement policies and accountability?
   • Discuss the balance between police authority and civil rights.
3. Personal Reflection & Critical Analysis
   • Do you agree with Reform #4? Why or why not?
   • How does the Robbins case study illustrate challenges in law enforcement?
   • What are the potential benefits and risks of giving police executives more termination power?

Step 3: Support Your Arguments with Evidence

• Reference specific examples from the readings.
• Incorporate legal principles, case studies, or scholarly sources to strengthen your analysis.

Step 4: Format and Proofread Your Response

• Use clear, organized writing with proper grammar and citations.
• Follow APA or MLA formatting as required by your instructor.

By following these steps, you’ll develop a well-structured, insightful response that demonstrates critical thinking on law enforcement reform!

In recent decades, the prison population has increased exponentially. There are several different reasons for this. Give thought to some of the proposed explanations and describe why we are currently in an era of mass incarceration. Based on this, propose at least two ways we can decrease the prison population and maintain this over time. Ensure your answer is approximately 400 words.

Struggling with where to start this assignment? Follow this guide to tackle your assignment easily!

Step 1: Understand the Question

• Break down the prompt into key parts:
  1. Identify and explain reasons for mass incarceration.
  2. Discuss why we are in this era.
  3. Propose two sustainable solutions to reduce the prison population.
  4. Ensure your response is approximately 400 words.

Step 2: Conduct Research

• Use academic sources, government reports, and expert analyses on incarceration trends.
• Look for statistics on prison population growth.
• Investigate policies contributing to mass incarceration (e.g., mandatory minimum sentences, war on drugs).
• Find successful strategies from other countries or states that have reduced prison populations.

Step 3: Create an Outline

Introduction (50-75 words)

• Start with a compelling fact or statistic about rising incarceration rates.
• Briefly introduce the reasons behind mass incarceration.
• End with a thesis statement outlining the main causes and solutions you will discuss.

Body Paragraphs (250-300 words total)

• Paragraph 1: Causes of Mass Incarceration
  • Discuss policies like the war on drugs, three-strikes laws, or private prisons.
  • Provide evidence to support claims.
• Paragraph 2: Why We Are in This Era
  • Explain societal, economic, and political factors keeping incarceration rates high.
  • Mention racial disparities or economic incentives for private prisons.
• Paragraph 3: Solution 1 – Criminal Justice Reform
  • Discuss alternatives like rehabilitation programs, restorative justice, or sentencing reforms.
  • Provide real-world examples of success.
• Paragraph 4: Solution 2 – Addressing Root Causes
  • Suggest preventative measures like education, job training, or mental health support.
  • Explain how these initiatives reduce crime rates long-term.

Conclusion (50-75 words)

• Summarize key points.
• Reinforce why proposed solutions are sustainable.
• End with a thought-provoking statement or call to action.

Step 4: Write and Revise

• Write the first draft following the outline.
• Ensure smooth transitions between sections.
• Edit for clarity, conciseness, and grammar.
• Check word count and citations.

Step 5: Final Review

• Read aloud to spot awkward phrasing.
• Have someone review your work for feedback.
• Submit your assignment with confidence!

---

This guide provides a clear, structured approach to completing the assignment effectively. Let me know if you need any modifications!

Seven to 10 pages, double spaced and inclusive of notes submitted in APA (7th Edition) format.
• Modeled on the readings that students are exposed to in the course.
• Revolve around some cross cutting topic across the sources reviewed and serve as a launch pad for exploring a theoretical issue, empirical puzzle, or case study of interest to you.
Research: The three References to support the Review essay are up to each student.
o These references can be books, articles, or a combination thereof.
o Be careful on the date(s) your book or articles were written as DHS has evolved quite a bit since it was established in March of 2003.
o Your topic may be a good approach to finding your references, vice looking for books and articles first and then deciding on your topic
o Remember you are doing a review and not a book/article report.
o Consider comparing/contrasting books/articles when you have authors who have different opinions on the topic.
Comments from Customer
below are required course: Bullock, Jane. Homeland Security: The Essentials, 2nd Edition. (New York, Elsevier. 2018.) ISBN 978-0128044650
Ramsay, James. Critical Issues in Homeland Security: A Casebook. (Boulder, CO. Westview Press. 2014.) ISBN
978-0813348278. Discipline: Homeland Security

Struggling with where to start this assignment? Follow this guide to tackle your assignment easily!

This assignment requires you to write a comprehensive 7-10 page review essay that critically examines a cross-cutting topic related to Homeland Security (DHS). The essay should explore a theoretical issue, empirical puzzle, or case study of your interest, drawing from the materials reviewed in the course. Here’s a step-by-step guide to help you structure and write your essay:

1. Understand the Assignment’s Focus

Your review essay should not just summarize the content from the readings, but critically engage with the topics and explore key theoretical or practical issues in Homeland Security. This will involve comparing and contrasting the sources, identifying any areas of agreement or disagreement, and considering how the materials contribute to your understanding of the subject.

2. Select Your Topic

The first step is to identify a cross-cutting topic that links the course readings. Given the context of the Department of Homeland Security (DHS), some potential topics might include:

• The evolution of DHS since its establishment in 2003
• The role of intelligence sharing and coordination among agencies
• The intersection of national security and civil liberties
• The challenges in securing borders and preventing terrorism
• The effectiveness of DHS in responding to natural disasters and emergencies

You should aim for a topic that has enough complexity to warrant a deep dive while also remaining relevant to the course material.

3. Select Your Three References

For your review essay, you will need three references to support your analysis. Given that the course materials are from:

• Bullock, Jane. Homeland Security: The Essentials (2nd Edition), which provides foundational insights into DHS.
• Ramsay, James. Critical Issues in Homeland Security: A Casebook, which offers case studies on various aspects of Homeland Security.

You may consider additional articles, reports, or books that provide different perspectives or case studies on your chosen topic. Be sure that your sources are relatively recent (post-2003) to reflect the evolution of DHS.

4. Organize Your Essay

Title Page

Your title page should include:

• The title of your essay
• Your name
• The course name/number
• Your professor’s name
• Date of submission

Introduction

• Briefly introduce the topic you are exploring.
• Provide a summary of the theoretical or empirical puzzle you are addressing.
• State the objective of your review essay: what will you be analyzing and what do you aim to prove or explore?

Literature Review

This section will form the core of your essay. You will:

• Summarize the key ideas from your chosen references.
• Compare and contrast the approaches of different authors.
  • For example, if one author emphasizes the importance of intelligence-sharing within DHS, and another critiques its effectiveness, discuss both viewpoints and how they contribute to the larger conversation.
• Identify any contradictions, gaps, or disagreements in the literature.
• Focus on exploring the topic’s theoretical and practical significance within the context of Homeland Security.

Discussion

• Critically analyze the topic with the knowledge you’ve gained from your readings.
• Use your sources to support your argument, but avoid merely summarizing their content.
• Address how DHS has evolved over time and any challenges or successes in addressing the issue at hand.
• If relevant, consider case studies that illustrate the theoretical issue or empirical puzzle you are exploring.

Conclusion

• Summarize the key findings of your analysis.
• Discuss the implications for future research or policy changes in Homeland Security.
• Reflect on how the topic you explored is relevant to current issues in DHS and national security.

References Page

• List all the sources you have cited in the essay in APA 7th edition format.
• Ensure that the references are properly formatted with correct punctuation, author names, titles, and publication years.

Appendix (if necessary)

• Include any additional materials, such as charts, graphs, or detailed case study information that you reference in your essay.

5. Writing and Formatting Tips

• Focus on Critical Analysis: As this is a review essay, make sure you are analyzing and synthesizing the readings, rather than just summarizing them.
• Use APA 7th Edition: Follow APA guidelines for formatting, citations, and references. Make sure to include a title page, headers, in-text citations, and a reference page.
• Maintain a Clear Argument: Organize your essay logically. Use headings and subheadings to clearly distinguish different sections (e.g., Literature Review, Discussion, Conclusion).
• Be Concise and Focused: Keep your writing clear, focused, and free from unnecessary repetition. Ensure that each paragraph directly supports your thesis.
• Proofread: Before submitting, read through your paper for spelling, grammar, and clarity. Make sure your ideas flow logically and your arguments are well-supported.

6. Final Steps

Once you’ve written your essay:

• Review it to ensure it addresses the chosen topic thoroughly.
• Double-check APA formatting, citations, and references.
• Ensure the length is between 7-10 pages (double-spaced, excluding title page and references).
• Submit your paper on time!

By following these steps, you’ll be able to produce a well-researched, analytical review essay that reflects your understanding of Homeland Security and its evolving challenges. Good luck!

After watching write a 500 word essay summarizing your key-take aways from the synchronous session. Include the following in your response:
How can you connect what you learned in the asynchronous modules to a real-world scenario?
How did your thinking about this week’s topics change?
What is one thing your peers mentioned that will help you recall this information beyond this course?

After attending the synchronous lecture session, reflect on the major themes of the session. Please identify and research a recent court case, piece of legislation, regulation, government action, or other reasonably current event – whether at the federal, state, or local level -that connects with one or more of those themes. Construct a reflection that discusses:
The example you’ve chosen
How it intersects with the synchronous session material
How ideas you’ve encountered in the last two modules influence your thinking about the matter you’ve selected.

Struggling with where to start this assignment? Follow this guide to tackle your assignment easily!

1. Review the Synchronous Session Content:

• Begin by revisiting the major themes discussed during the synchronous lecture. These could be related to recent legal developments, societal issues, or topics within your field of study, such as healthcare policy, ethics, or governance.
• Reflect on key takeaways, especially any concepts that resonated with you, challenged your thinking, or sparked your interest.

2. Choose a Relevant Current Event:

• Select a recent court case, piece of legislation, regulation, or government action that aligns with the themes from your lecture. Make sure the event you choose is recent enough to provide fresh insight and relevant to your study.
• For example, if the lecture covered healthcare policy and access to care, you could research a recent court case involving healthcare access, such as challenges to the Affordable Care Act, or legislation impacting Medicaid expansion.

3. Analyze How the Event Intersects with the Session Material:

• Once you’ve chosen your example, clearly explain how it connects to the themes of the lecture. What parts of the case or legislation reflect the ideas discussed?
• For instance, if the session focused on healthcare rights or policy reform, and your chosen example is a court ruling on Medicaid eligibility, highlight how the ruling aligns with or challenges the policies and discussions introduced in the lecture.

4. Relate the Material to Your Learning in Recent Modules:

• Reflect on how the concepts or discussions from the last two modules have influenced your perspective on the issue you’ve selected. What new insights or frameworks have you gained that allow you to analyze the event more deeply?
• For example, if you’ve recently studied public health law or ethics, consider how these modules shape your understanding of the legal decisions or governmental actions involved in the event. Are there ethical implications at play? How does the event reflect principles of justice, equity, or rights that you’ve encountered?

5. Construct Your Reflection:

• Start with an introduction that briefly outlines the themes from the synchronous session and introduces the event you’ve chosen. Make it clear how the event connects to those themes.
• In the body of your reflection, analyze the event’s significance and impact, using the session material and ideas from your modules to provide a deeper understanding. Be sure to include examples from the lecture or your own research to support your analysis.
• Conclude by summarizing the insights you’ve gained from the event in relation to the session material. Reflect on how this understanding can influence your future thinking or actions, especially in terms of your professional or academic goals.

 

Overview
In this assignment, you apply contract and product liability law to a business scenario.
Scenario
Mowers, Inc., a fictional company, has a flourishing lawn care business. The business has two full-time employees who have been with the company for five years. All employees are trained on using the lawn equipment and, upon being hired signed a waiver-of-liability contract limiting liability for the company. The owner, Brian, tells his employees “Not to worry – the company will protect you!”
One employee, Lori, was on the job cutting a lawn. Lori was riding a mower, a Ferrari 2000, which was three years old and in good working condition. The step-up on the mower had writing on it with a warning sticker to replace the sandpaper liner for traction every three years due to normal wear and tear. It was replaced every three years as required.
Lori stepped down off the rider, slipped because of moisture from the grass, and severed her pinky toe on the mower blade. When she fell to the ground, the mower continued through the grass and proceeded by itself to cut and mulch a neighbor’s prize roses. Peta, the neighbor, was preparing for a rose competition with a potential grand prize of $10,000.
Instructions
Use FirstPass Draft Review for this assignment, it can help you refine and develop it prior to making your final submission. Use FirstPass at any time even if you do not have a fully completed assignment. The tool is here to offer feedback to guide revisions, helping you refine your work and ensure it aligns with expectations.
Consider the above scenario and write 3–4 pages in which you make the following determinations. Make sure to cite and explain the law for each determination.
Pursuant to contract law requirements, determine whether the waiver of liability signed by Lori is a valid contract and whether verbal assurances by Brian become part of the contract. Support your response.
Determine whether Peta, the plaintiff, has a product liability case against the manufacturer for each of the following defects. Support your response.
Design.
Manufacturing.
Failure-to-warn.
Determine whether Lori, the employee, has a claim for injuries and whether the employee can recover pain and suffering damages per tort or worker’s compensation law. Support your response.
Note:
Remember, you are demonstrating your understanding of the law, so explain the law first and then make your determination. Be informative and show what you know! References should be from credible and reputable legal sources.
Requirements
3–4 pages, double-spaced, Times New Roman font (size 12), 1-inch margins on all sides.
Include at least three quality references. The textbook for this class is a required source for this assignment. Note: Wikipedia and similar websites do not count as quality references.
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 Sources list are not included in the required assignment page length.
Resources
Use the Strayer Library to conduct your research.
In addition to your textbook,
The specific course learning outcome associated with this assignment is as follows:
Analyze the legal standing and situation of a specific business to achieve a defined result.
School book for Source Purpose: Business: Its Legal, Ethical, and Global Environment
Marianne M. Jennings 12th editions COPYRIGHT © 2022, 2018 Cengage Learning, Inc

Struggling with where to start this assignment? Follow this guide to tackle your assignment easily!

Waiver of Liability and Contract Law Analysis

To determine whether the waiver of liability signed by Lori is a valid contract, we must analyze contract law principles, particularly those related to enforceability. A waiver of liability is generally enforceable if it meets the following requirements:

1. Offer and Acceptance: Lori signed the waiver, indicating mutual agreement between her and Mowers, Inc.
2. Consideration: Lori’s employment and wages serve as consideration for the contract.
3. Legality: Courts typically uphold waivers unless they violate public policy.
4. Unconscionability: If a waiver is excessively one-sided or if Lori did not fully understand its implications, it may be deemed invalid.
5. Gross Negligence or Intentional Harm: Waivers do not typically protect employers from liability arising from gross negligence.

Brian’s verbal assurance that “the company will protect you” could be considered a modification of the contract. However, under the Parol Evidence Rule, oral statements generally cannot alter a written contract unless fraud, ambiguity, or mistake is present. Since Lori’s waiver was likely a formal document, Brian’s verbal assurance may not be legally binding.

Product Liability Case – Peta v. Manufacturer

Peta may pursue a product liability case against the manufacturer of the Ferrari 2000 mower under the following defect claims:

1. Design Defect: A design defect exists if the mower’s inherent design posed a foreseeable risk. However, since the mower had a step-up warning sticker and sandpaper liner replacement requirements, the design appears compliant with safety standards. Peta’s claim under this category would require proving that a safer alternative design was feasible and ignored.
2. Manufacturing Defect: A manufacturing defect occurs when a product deviates from its intended design. Here, the mower was in good working condition, and there’s no evidence of improper assembly or faulty components. Unless an expert testifies that the specific mower had a defect in production, a manufacturing defect claim may not succeed.
3. Failure to Warn: Manufacturers have a duty to warn users about non-obvious risks. The mower had a warning sticker about maintaining traction, which was followed. However, Lori’s accident resulted from moisture exposure rather than the mower’s inherent risks. If the manufacturer failed to warn about slippery surfaces exacerbating the hazard, Peta might have a claim. However, this would likely be weak since common knowledge dictates caution on wet surfaces.

Lori’s Claim for Injuries

Lori’s potential recovery hinges on whether she files a claim under workers’ compensation or tort law:

1. Workers’ Compensation: Most states require employers to provide workers’ compensation insurance, which covers medical expenses and lost wages but not pain and suffering. Since Lori was injured on the job, she is likely eligible for workers’ compensation benefits, barring any exclusions.
2. Tort Law (Negligence Claim Against Employer):
   • If Mowers, Inc. was grossly negligent (e.g., failing to maintain safety measures beyond the standard requirement), Lori could argue that the company breached a duty of care.
   • However, because the employer followed the manufacturer’s safety guidelines, gross negligence may be hard to establish.
   • If Lori sues outside workers’ compensation, she could seek pain and suffering damages, but she must prove employer fault.

Conclusion

• Lori’s waiver is likely valid, and Brian’s verbal assurance does not alter it under contract law.
• Peta’s strongest claim is a failure-to-warn case, but it is not guaranteed to succeed.
• Lori can recover through workers’ compensation but would have difficulty pursuing a tort claim against Mowers, Inc.

By analyzing contract, tort, and product liability law, we can conclude that Mowers, Inc. is largely shielded from legal liability, but potential litigation risks remain.

For this assignment, you will be writing a legal memorandum. You will be using the Freedom of Speech LS502 Fact Pattern (file attached with instructions). Analyze the issue of whether or not the students’ first amendment rights were violated by the school. Remember that you are drafting an internal memo of law.

INSTRUCTIONS
• State how the material covered thus far in this course applies either to your current vocation or
to your personal situation. Explain how the course material has helped you better understand a
lease agreement, a real estate purchase-sale contract, or a real estate purchase loan agreement.
• Though this is a personal, subjective type of paper, you must use at least 3 references from the
course textbook to explain how the textbook has added to your understanding and knowledge
about the landlord-tenant relationship, the real estate purchase-sale transaction, or the real estate
mortgage transaction. Such references must use the current edition of the Bluebook: A Uniform
System of Citation format and must be inserted in the paper as footnotes (not endnotes).
• You may also use at least 2 references from the Bible to explain how the course textbook has
added to your understanding and knowledge about the landlord-tenant relationship, the real
estate purchase-sale transaction, or the real estate mortgage transaction. Such references must use
the current edition of the Bluebook: A Uniform System of Citation format and must be inserted in
the paper as footnotes (not endnotes).
• Written as a Word document, the paper must be 2-3 pages, double-spaced, with 1-inch
margins, left justification, and paginated at the bottom-center of the page.

Struggling with where to start this assignment? Follow this guide to tackle your assignment easily!

How Course Material Applies to My Real Estate Career

The knowledge I have gained from this course has been invaluable in understanding the intricacies of real estate transactions and their practical implications for both my current career and personal situation. Specifically, it has helped me deepen my understanding of lease agreements, real estate purchase-sale contracts, and real estate mortgage loan agreements. These topics have become increasingly relevant in my real estate management career, where I oversee my rental properties and deal with a variety of real estate transactions.

Understanding Lease Agreements

One key area where the course material has had a significant impact is in my understanding of lease agreements. Prior to this course, I had a basic grasp of the relationship between landlords and tenants, but I lacked a detailed understanding of the legalities and complexities that govern lease contracts. The course’s discussion on the rights and responsibilities of both parties, the enforcement of lease terms, and the resolution of disputes has been extremely useful in ensuring that my lease agreements are well-structured and legally sound. For instance, the textbook explains how a lease is a binding contract and outlines the essential clauses that should be included, such as rent payment terms, lease duration, and maintenance responsibilities, all of which I now ensure are clearly defined in my lease contracts. This knowledge allows me to mitigate potential disputes and enhances my ability to manage tenant relationships effectively.

Real Estate Purchase-Sale Transactions

The course has also provided me with a clearer understanding of real estate purchase-sale transactions, which are a critical aspect of my professional responsibilities as a real estate manager. The material helped me grasp the legal requirements involved in these transactions, such as due diligence, contract negotiation, and the role of escrow in securing the transaction. The textbook’s insights on closing procedures, title transfer, and the importance of thorough contract review have been instrumental in helping me manage real estate deals more confidently. For example, I now understand the importance of contingencies in a real estate sale agreement, ensuring that my interests are protected and that the transaction proceeds smoothly.

Real Estate Mortgage Transactions

In addition, this course has greatly enhanced my understanding of real estate mortgage transactions. As a real estate manager, I often deal with financing for property acquisitions, and the material covered in this course has provided me with a better understanding of mortgage loan agreements, including the terms, conditions, and implications for both lenders and borrowers. The textbook’s discussion of interest rates, amortization schedules, and loan default procedures has been valuable in helping me navigate the mortgage process with greater ease. Furthermore, I now understand how to interpret mortgage documents, including how to assess whether the terms are favorable for both parties.

Biblical Principles and Real Estate Transactions

From a biblical perspective, the principles of fairness, transparency, and responsibility in transactions are emphasized. The Bible encourages honesty in all dealings, and this aligns with the ethical practices that should govern the real estate industry. For instance, Proverbs 16:11 states, “Honest scales and balances belong to the Lord; all the weights in the bag are of his making” (New International Version). This reinforces the importance of integrity in my real estate dealings, particularly when it comes to lease agreements and property sales, where clear and honest communication is key. Additionally, the Bible teaches about the importance of stewardship, as seen in Luke 16:11: “So if you have not been trustworthy in handling worldly wealth, who will trust you with true riches?” (New International Version). This encourages me to manage my properties and finances with care, ensuring that I fulfill my obligations as a property owner and respect the rights of my tenants.

In conclusion, the course material has provided me with practical tools and knowledge that I can apply directly to my work in real estate. From understanding the details of lease agreements to managing real estate transactions and financing, this course has enhanced my ability to navigate the complexities of real estate law. Moreover, the biblical teachings remind me to conduct my real estate activities with fairness, responsibility, and honesty, which ultimately benefits both my career and personal integrity.

---

References

1. Author, Title of Textbook, Edition (Year of Publication).
2. Author, Title of Textbook, Edition (Year of Publication).
3. Author, Title of Textbook, Edition (Year of Publication).

Biblical References

1. Proverbs 16:11, New International Version.
2. Luke 16:11, New International Version.