Category: Law

Discussion questions each one has to be 350 words, along with each question being in APA format with references at the end of each question
4.Discuss and describe the forces and events that led to the present crime control model.
5.Discuss the foundations that support the legal rights of incarcerated individuals and how the law affects correctional personnel.
7. What special problems and needs do people in jail have? Why ? What problems do these needs pose for jail administrators?
8.Why is there so much interest in probation todayand how does the the use of probation affect the corrections systems? Lastly, why is it used so extensively?
9. Discuss the future of probation, intermediate sanctions, and community corrections.
10. Discuss how today’s prisons are linked to the past and the goals of incarceration.
13. Discuss the negative consequences of boundary violations and job stress among prison staff. Do you agree with the consequences, why or why not?
17.1 In what ways do juvenile institutions differ from adult institutions and how does this affect institutional managment?
What does the this difference mean for juveniles who are housed in an adult facility?
17.2 After reading chapter 17, discuss if you think we should have a separate juvenile system from the adult system? Why or why not?
22 Describe community justice and discuss how it differs from criminal justice, and discuss what problems community justice face.

Please prepare a response paper reflecting on the materials for the remote class session on the Commerce power. The papers should be no more than 500 words. You are not expected to summarize every aspect of the reading, but rather to make a critical point, suitable for class discussion, based on the reading.
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Welcome back, everyone to the second video.
0:08
To help prepare for our first online session in the introductory Constitutional Law class.
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As you know from the readings. Our session will focus on Congress’s powers under the Commerce Clause of the Constitution.
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For most of US constitutional law history, the Commerce Clause has been seen as granting significant authority to Congress.
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And following from that is, restricting the authority of states over the economic life of the nation.
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Congress has made extensive use of its powers under the Commerce Clause.
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It has interpreted its powers very broadly,
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and in the process it has generated ongoing debate over the balance of power between the federal government and the state government.
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We will get into that debate in a bit more detail during our online session.
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But what I want to do in this video is to give you some background on the Commerce clause,
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and also talk through how to approach the readings for the online session,
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and the key questions and issues that you should keep in mind as you read through the materials.
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So let’s begin. As is customary with the text of the Constitution, article one, section eight,
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clause three of the Constitution states that the Congress shall have power to regulate commerce with foreign nations,
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and among the several states, and with the Indian tribes.
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Now, there are a couple of things to note in this formulation. The first is that the Commerce Clause, as the wording would suggest,
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forms part of a much longer sentence that tells us what the enumerated powers of Congress consist of.
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And second, that Congress has power to regulate commerce under this clause applies in three distinct types of situations with foreign nations.
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Among the several states and with the Indian tribes.
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Now, does this mean that the meaning of the terms regulate or commerce will be different depending on the different situations?
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The general view is no. These two words regulate and commerce, even though they are vague and imprecise in all the ways that we will discuss.
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I mean exactly the same thing no matter the situation, if there is any difference in the powers of Congress in these situations,
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it arises, as Professor Akila Ma has argued, from the use of the words with and among.
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So regulating commerce with foreign nations may mean something quite different from regulating commerce among the several states.
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And more generally, each of these powers would be construed differently depending on the other provisions in the Constitution,
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such as those dealing with foreign affairs, for example. In other words, the three categories of commerce as commerce powers are not identical,
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but the difference between them is not because we think that the word commerce changes in meaning from one category to the next.
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But then why does article one, section eight cover these three distinct situations all in the same breath?
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After all, as we saw in our discussion of constitutional interpretation when we were together in Madrid, it is not above us.
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Constitutional law treats foreign nations, for example, the same states are much less Indian tribes as the same kinds of entities.
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The reason that constitutional law scholars such as professor Jack welcome suggest
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is that all three situations reflect a common underlying structure principle,
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namely, that Congress should have the power to legislate in situations where it would be better for the nation to speak and act with one voice.
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These would include instances where states acting by themselves may not be able to resolve a problem.
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For example, when is activity that takes place in one state but it have an impact on one or more states,
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or when an issue requires collective action by several states or by states,
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would have an incentive to pass laws that undercut other states or engage in competition with them,
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rather than acting in the common national interest.
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In this video and our online session, we will focus on the interstate segment of the Congress’s commerce powers,
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that is, Congress’s ability to regulate commerce among states.
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But before we do that, I want to say a few words about the other two powers concerning commerce with foreign nations and with Indian tribes.
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The so-called Foreign Commerce Clause reflects the importance of the founders placed in commerce with foreign nations.
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At the time the Constitution was drafted.
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That was by and large a consensus that in order to compete effectively with the British, a stronger national union would be necessary.
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And for this reason,
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and to avoid scenarios in which the new nation would end up facing diplomatic embarrassment or difficulties by states acting on their own initiative,
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the framers decided in favor of exclusive federal control over foreign commerce.
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In this, they were influenced by the experience of the Articles of Confederation,
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where individual states lacking full sovereign authority to act on the international
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plain could be easily played off against each other by foreign powers,
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undercutting economic growth and progress and leading to foreign policy anarchy.
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Federal court cases interpreting the Foreign Commerce Clause agree that the federal government’s power under the clause is exclusive and absolute,
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and in Chief Justice Marshall words that it comprehends every species of commercial intercourse between the United States and foreign nations.
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But the Foreign Commerce Clause has received fairly little judicial attention overall,
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in part because it has been eclipsed by the Interstate Commerce Clause, which has received the bulk of the scholarly and judicial scrutiny.
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Similar to the Foreign Commerce Clause, the Indian Commerce Clause,
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to exclude states from having any regulatory authority over Native American affairs and makes them the exclusive province of the federal government.
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At the time of drafting, Indian tribes were considered to be functioning sovereigns, but not to the fullest extent,
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and the scope and degree of their sovereign authority has been a matter of contention over the years.
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From the very outset, Congress construed its power to regulate commerce with Indian tribes very expansively,
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to encompass matters far beyond trade and business. A series of Trade and Intercourse Act passed by Congress in the 1790s did not only
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regulate um land sales transactions and licenses for trade with the Indian tribes,
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but also prohibited any crime borne or trespass against the personal property of any peaceable and friendly Indian or Indians.
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These crimes included all kinds of non-economic harms, such as rape and murder.
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And it is only recently that we see some pushback to Congress’s broad interpretation of commerce to include non economic relations with Indian tribes,
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notably by some judges of the Supreme Court.
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The recent 2023 case of Haaland was for fracking, involving a challenge to the federal Indian Child Welfare Act.
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Reflects this divergence of opinion within the court. This is the legislation that was passed by Congress in 1978,
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in order to lay down requirements that would protect Native American children from being removed from their homes and communities.
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And though the majority opinion authored by Justice Barrett upheld the constitutionality of the act on the
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basis of long standing precedent recognizing Congress’s broad and established authority over Indian affairs,
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Justice Thomas’s dissenting opinion argued for a much narrower scope of federal authority,
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based on his originalist understanding of the meaning of commerce with Indians as
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being confined to the buying and selling of goods and transportation for that purpose.
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As we will see what commerce means both as a historical matter and over the years has been one of the main issues in the Supreme Court’s
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interpretation of the Interstate Commerce Clause and the federal government’s authority to track legislation under that clause.
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With that, let’s turn to the Interstate Commerce Clause and what you should keep in mind as you read through the materials.
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The Constitution does not define either the word commerce or what does it mean to regulate commerce among states?
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So the two main questions that arise when interpreting the Commerce Clause are the scope of the meaning of the term commerce.
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And when can this commerce be viewed as interstate rather than interstate commerce?
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Disclaimers, for example, only include activities such as buying and selling and the transportation of goods and people.
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Order that also encompass activities such as agriculture or manufacturing, or even non economic activities.
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And in order for the commerce to constitute intrastate commerce or interstate commerce,
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just the activity itself have to cross state lines or connectivity that takes place within the borders of one state.
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Also be interpreted as commerce among states.
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There is significant controversy on both these issues, both amongst legal scholars as well as among courts.
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On the first question, you have professors Jack Balkin and Randy Barnett on opposite sides of the camp.
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Professor Balkin puts forward an interaction theory of the original meaning of the word commerce, arguing that in the 18th century,
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unlike today, the word commerce referred to not only trade and business, but all forms of economic as well as social relations.
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So rather than being limited to commercial activity,
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commerce was used as a synonym for all kinds of social intercourse involving movements, transactions, and relations between people.
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On this understanding. Economic exchanges were merely one type of commerce.
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As we said earlier,
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this is similar to how recent scholarship on the Indian Commerce Clause understands the term commerce as synonymous with intercourse of all kinds,
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covering everyday political, social, cultural and economic interactions.
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In contrast, Professor Barnett reads the historical evidence to claim that both dictionary definitions of the semantic meaning of the term commons,
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as well as the way the term was used,
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support a much narrower understanding of commerce as referring to the trade or transportation of people and things.
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The Supreme Court’s jurisprudence in this and the related question of interstate versus intrastate commerce is complex and evolving.
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The one can identify a number of distinct phases in the court’s thinking on the scope of Congress’s powers under the Commerce Clause.
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In the beginning, there is not much cause for the Supreme Court to pronounce on this,
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for the simple reason that there is very little commerce between states to speak of.
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The 1824 case of Gibbons versus Ogden was the first major Supreme Court case on
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the scope of Congress’s power to regulate commerce among the several states.
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This was a case dealing with coastal shipping and Congress’s power to regulate and license commercial maritime activity.
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The State of New York had granted a monopoly on steamboat operations to various individuals, including Mr. Aron,
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often the owner of a steamboat business that offered commercial services between various ports in New York and New Jersey.
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Mr. Ogden found himself competing with his ex business partner, a gentleman by the name of Mr. Thomas Gibbons,
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who also had a steamboat company based in new Jersey that offered services between New York and New
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Jersey pursuant to a license granted by the federal government under the Coasting Act of 1793.
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When a New York state court granted an injunction prohibiting Mr. Gibbons from operating in New York waters,
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Gibbons appealed the case up to the Supreme Court. Writing for unanimous court,
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Chief Justice Marshall upheld Congress’s authority to regulate this activity on the basis that Congress’s
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power under the Commerce Clause extended to every species of commercial intercourse among the several states,
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and included the regulation of interstate commercial maritime routes.
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The only limitations to Congress’s powers were those that were scribed in the Constitution itself,
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and Congress had the ability to regulate matters such as the New York monopoly that were internal to the state.
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If they were fundamentally intertwined with interstate commerce.
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The period after this decision saw a dramatic expansion of the federal government’s authority over the economic life of the nation.
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There was a flurry of legislative activity by Congress, for example, in the form of the Interstate Commerce Act of 1877,
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which regulates interstate transportation, and the 1890 Sherman Antitrust Act, which prohibits trusts and monopolies and restraint of trade.
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Then came a brief period known as the Lochner era, which we also spoke about when we were together in Madrid.
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This was when the Supreme Court, operating in a more, less fair social and economic environment,
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began engaging in judicial review of economic legislation and striking down laws that were deemed to interfere with economic liberties,
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in particular the freedom of contract. This also applied to legislation under the Commerce Clause, which was given a narrower interpretation.
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The 1918 case of hammer was a stag and hart concerned challenge to federal legislation
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prohibiting the interstate sale of goods that were produced by child labor.
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Congress’s ability to pass this legislation was challenged by Mr. Rollin Dagen Hart,
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a cotton mill owner in that North Carolina who employed his two sons at the mill.
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The court was thus faced with the question where the Congress had the power to regulate the interstate shipment of goods produced by child labor.
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The Supreme Court by majority held that the legislation was unconstitutional on the
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basis that the manufacturing of cotton did not itself constitute interstate commerce,
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and that Congress had exceeded its powers by using the interstate shipment as a hook to regulate what was a purely intrastate manufacturing activity.
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Another case from this period is the Supreme Court’s decision in a case called Schechter Poultry Corporation versus the United States.
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This case concerned the constitutionality of parts of the National Industrial Recovery Act,
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a federal legislation passed in response to the Great Depression that set new regulatory standards on things like minimum wages,
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hours of work, etc. for businesses, including the poultry industry.
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The regulations promulgated under this law included requirements for the sale of chickens, including unhealthy ones.
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Amongst other things, the government claimed that the Scheckter brothers had violated the regulations by selling uninspected and unfit chickens.
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A unanimous Supreme Court struck down the legislation as exceeding Congress’s powers under the Commerce Clause.
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While the court acknowledged that the poultry market with an interstate market
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as such were the raising and sale of poultry taking place across state lines,
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in this case, the Schechter Brothers chickens were sold exclusively to buyers in the same state.
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Since any interstate effects of these transactions were purely indirect,
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Congress did not have the authority to regulate this type of commercial activity.
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Reportedly, Justice Brandeis was said to have told the government lawyers, this is the end of this business of centralization,
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and I want you to go back and tell the president that we’re not going to let this government centralize everything.
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These turned out to be famous last words, as faced with intense political pushback from its New Deal decisions.
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The Supreme Court ended up reversing course just two years later in the case of National Labor Relations Board versus Jones and Locklin.
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Steve Company. This case decided soon after President Roosevelt had announced his court packing plan
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with a landmark opinion on what has been called the Constitutional Revolution of 1937,
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which effectively ended the courts and validation of New Deal legislation.
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The case involved a challenge to the 1935 National Labor Relations Act, a federal legislation,
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but established a National Labor Relations Board to investigate unfair labor practices and oversee collective bargaining.
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The NLRB received a complaint alleging that the Steel Corporation,
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which was one of the biggest steel factories in the United States at the time with a massive workforce,
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had wrongfully fired some workers who were attempting to unionize.
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When the NLRB held that this amounted to discrimination and ordered the company to rehire the workers,
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it refused to comply and challenged the order on the basis that Congress did
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not have the authority under the Commerce Clause to pass this legislation.
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The case was appealed all the way to the Supreme Court, which by A54 majority upheld the constitutionality of the National Labor Relations Act.
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Writing for the majority, Chief Justice Hughes held that Congress had the power under the Commerce Clause to regulate economic activities.
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If they had such a close and substantial relation to interstate commerce that their control
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is essential or appropriate to protect that commerce from burdens and obstructions.
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It could thus passed legislation to govern labor disputes. If those disputes had sufficient impact on interstate commerce.
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NLRB signaled the New Day redefinition of the new Commerce Clause of the Commerce Clause and the court’s
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renewed willingness to interpret Congress’s powers under the Commerce Clause extremely broadly.
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Following this decision, the Supreme Court did not strike down a single law on the basis that it exceeded
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Congress’s powers under the Commerce Clause for well over half a century.
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The case of record versus full blown, just the first case in your reading materials,
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is emblematic of this trend and the far reaching congressional authority that the court was willing to grant.
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The first time. We then see the core pulling back from this interpretation in 1995.
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In the case of United States versus Lopez, which is the next case excerpted in your reading materials.
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In this case a sharply divided Supreme Court ruled by five votes to four to invalidate the federal Gun Free School Zones Act,
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which made it a crime to possess a firearm at a place that the individual knows or has reasonable cause to believe is a school zone.
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We will have more to say on this. And the Supreme Court’s turned to a more conservative interpretation of the Commerce Clause in subsequent cases,
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such as NFIB versus Sebelius, when we meet for our online class session.
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There is one final thing I want to mention before wrapping up,
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and that is the effect of Congress legislative activity under the Commerce Clause on the power and authority of the States.
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Till now, we have been focused on the federal government and what it may or may not do under the Commerce Clause,
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but in allocating a certain set of powers to the federal government.
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The Commerce Clause also had an indirect effect on state governments.
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The first of these, as we will see in the case of Carwashes American Honda case on the readings,
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is that when Congress passes legislation to regulate interstate commerce, it has the effect of preempting state regulation on the same matter.
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Preemption is the doctrine whereby legislation by Congress will supersede state
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law in order to guarantee the smooth functioning of the national economy.
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The other, even more far reaching impact on states occurs through what is known as the negative or the dormant Commerce Clause,
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which we will discuss in the context of Pike versus Bruce Church.
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This is the implicit prohibition of the Commerce Clause on state or local regulation
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that either discriminates against or unduly burdens interstate commerce.
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Importantly, the Dormant Commerce Clause can limit state authority even if Congress has not passed relevant legislation.
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I hope this overview was helpful and helping you see where the cases people read
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fit into the evolution of the Commerce Clause doctrine in U.S. constitutional law,
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and the kinds of issues that courts have had to confront when interpreting this clause.
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I look forward to discussing them in more detail when you when we meet for our first online session.
22:17
Commerce Clause
0:00
Text of Commerce Clause
1:25
Overview of Commerce Clause
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Interpreting the Commerce Clause
8:56
Early cases on Commerce Clause
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Lochner Era
14:03
New Deal Redefinition of Commerce Clause
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Effects of Congress’s Commerce Clause power on states

Textbooks: Administrative Law, John D. DeLeo, Jr.
Chapter 6. Judicial Control of Administrative Agencies
Equal Protection Analysis
We have learned a great deal about the judiciary’s ability to control and otherwise have broad oversight of administrative agencies’ actions. The courts, based on decades of case law, have developed important litmus tests to determine the constitutionality of a law, regulation, or rule. The balance is between an individual’s constitutional protections and the government’s legitimate interest, whether real or hypothetical. The three levels of review are as follows:
Rational basis review
Normal standard of review that courts apply when considering constitutional questions and issues.
Intermediate scrutiny
Second level of review which requires that the law or policy being challenged on constitutional grounds furthers an important government interest.
Strict scrutiny
This is the third and highest level of review that requires narrowly tailored and least restrictive means to further a compelling governmental interest. Contrast this against “rational” basis review.
Parameters/Requirements:
Choose one of the constitutional tests outlined above. Research one of the important cases that led to the development and continued use of the test. There are many cases, so you will have a lot of them to pick from. Clearly state which test and case you chose. Provide a summary of the case’s background. How did the court decide which test to use? Did the case you select develop an entirely new standard? In your opinion, did the court use the correct test? Why or why not? How would you have decided the case based on the facts? Imagine your rationale is subject to appeal and review by a higher court of competent jurisdiction so make sure your rationale is solid and defensible.
Post an original response.
• Length: Including full substantive sentences.
• Ensure that your writing is clear, concise, and free from grammatical errors.

Please answer the following review questions
1. Define slip laws and session laws. Session laws are gathered by collecting in what parameters?
2. True or false: Most legislatures list new enactments in sequential order.
3. What three things might new session laws do to the code?
4. What are two annotated versions of the U.S. Code?
5. What is a “Popular Name Table,” and how is it helpful?
FORMATTING: TURABIAN
Turabian 9th Ed. Formatting Checklist.pdf.
Creating Turabian footnotes in Word: Turabian 9th Ed. Formatting Footnotes.pdf.
Setting up page numbers in Turabian: Turabian Setting up Page Numbers.pdf.
Sample Turabian document: Turabian-9th-Edition-Sample-Paper-and-Turabian-Basics.pdf. (Note: I would use the Turabian home page link above for examples.)

This assignment has two sections and requires you to demonstrate thorough understanding of the four learning outcomes: legal issues relating to contract formation and execution; contract administration; rights and interests; and dispute resolution. The assessment seeks to identify evidence of student’s own research into the topics covered under the module. The submission for this assessment should show evidence of critical thinking supported by quality references and cases.

Part 1 Legal System, health and safety and tort law (50%)
PART 1 requires you to apply your knowledge of construction law and contract in resolving contractual and tort issues presented in a construction situation. You are also required to analyse a given scenario to determine the appropriate measures to be taken when faced with such legal issues.

Part 2 – Contract Administration and Dispute Resolution (50%)
For part 2 of the assessment, you are required to critically analyse construction contracts, and execute some contract administration tasks based on your knowledge of contract administration. You are also required to advise on possible dispute resolution mechanisms for a dispute presented in a construction contract execution scenario.
Below I will attach various files. The first file will be titled ‘contract-task’. This will show you the task at hand, and what to complete
The next document I will upload will be called ‘marking criteria contract.’ This will show you how achieve A* grade. Aim for 90-100% in terms of grading criteria.
The next document will be titled ‘valuation example.’ This will assist you in the task.
I will also upload some guidance documents as examples. Some of these examples are just rough and not very good. So make sure marking criteria is followed to achieve 90%+.
Please message me if unsure of anything. Thanks

The USA Freedom Act (hereinafter referred to as the “Act”) is a U.S. law enacted on June 2, 2015, that restored and modified key provisions of the Patriot Act. The USA Freedom Act acronym stands for “Uniting and Strengthening America by Fulfilling Rights and Ending Eavesdropping, Dragnet-collection and Online Monitoring Act.” For this writing assignment, you are to explain three issues: (1) What reforms the Act allows for regarding the retention of telephonic metadata? (2) As compared to its predecessor, the Patriot Act, did the Act increase, decrease, or maintain status quo for, the authority of intelligence agencies to engage in surveillance? (3) What is the “minimization requirement” for electronic surveillance? A. Your research paper needs to be based on research from academic peer reviewed articles from scholarly journals. Therefore, the assignment requires a minimum of three academic peer reviewed articles from scholarly journals. DO NOT USE as sources the textbook, nor .org, .gov, and .com “publications” from governmental organizations or from non-governmental organizations. A “doi.org” publication from a scholastic journal is acceptable.

You have identified a program that you believe requires evaluation. You have had also identified stakeholders as well as potential problems and evidence of the calibrators at play. After consulting with your supervisor and peers, you decide to present your evaluation plan to members of a task force comprised of your stakeholders. You choose to introduce the evaluation design for the program that you selected in Week 1 at a meeting of the stakeholders. Prepare a 15- to 20-slide Microsoft® PowerPoint® presentation (with comprehensive speaker notes) in which you include the following: As an executive summary for your evaluation plan, use one slide to introduce the program. Provide a statement of purpose and include its vision, mission, and goals. Present the stakeholders. Define its operations. Describe its strategies and activities. Answer the following: What are the intentions behind its operation? Who benefits? What are the strategies and activities it performs? Identify its short-, intermediate-, and long-term goals. Explain how current strategies are or are not supporting these goals. What evidence of applied theory do you see? What theory or theories would you apply to strengthen the program? How? Include descriptions of the calipers shaping your ideology and the theory or theories that will influence your evaluation strategies. Format your PowerPoint® presentation to ensure the slides only contain essential information and as little text as possible. Do not design a slide made up of long bullet points. Your speaker notes convey the details you would give if you were presenting. For help, consult the guide on how to create speaker notes from Microsoft®. Include comprehensive speaker notes. Cite at least 2 peer-reviewed or similar references to support your assignment. Include a slide with APA-formatted references. Submit your assignment.

1. How would you conceptualize terrorism? (Hartley’s book pages 93-100 can be helpful) Under certain definitions of terrorism, why might the military operations of some countries be considered as terrorism, in essence making their governments terrorists? 2. Please conceptualize and operationalize “school violence?” Please carefully define this term so that it is not to be confused with those common terms (bully, for example) we use in daily conversations. 3. In Woff and colleagues’ paper (Hartley, P. 100-111), what do they say are some of the problems with comparing victimization rates inside prison versus rates of the general population not in prison? (you may find the article in Lamar’s online journal. The references for the article are “Wolff, H., Jing, S., & Bachman, R. (2008). Measuring victimization inside prisons: Questioning the question. Journal of Interpersonal Violence, 23(10), 1343-1362.”)

The resources provided in the course will support your work; no additional research is required. Create a PowerPoint presentation that specifically covers the detailed topic outline as follows:
Introduction: Provide an introduction to the law and its purposes, including why there is a need for business law.
Foundation: Briefly explain the foundation of the legal system in the United States, including the branches of the U.S. government and their relationship to each other.
Sources
Describe three of the primary sources of U.S. law and provide one example of each primary source of law that is related to the business environment.
Name and briefly summarize the clause of the U.S. Constitution that grants the government the power to regulate business. Provide an example of government regulation of business.
Courts: Differentiate between federal and state courts, including an example of the type of business case that could be heard in each court.
Differences: Explain the difference between criminal law, civil law, and alternative dispute resolution.
Conclusions: Describe why every business owner and leader must have a basic understanding of the U.S. legal system.
What to Submit
To complete this project, you must submit a PowerPoint presentation that includes:
At least 8 and no more than 16 slides that contain images and/or text.
Each slide should be accompanied by at least 1 and no more than 4 paragraphs of notes (presentation talking points) or recorded narration that is 1 to 3 minutes in length.
An APA formatted References slide.
Sources should be cited according to APA style.

-Not a book report
Analytical Thoughts and reaction to the events depicted in the book NOT A Book Report Incorporating what have taken away from the reading into the way you view things, choices you make, or how you would do things in the future