Law

You will need to be able to explain the case (i.e. Where is the case in the federal court process? What are the violations to the law?).

You will prepare a research paper on one of the four topics below.  You may use a variety of reliable sources, but your main sources should be primary legal authorities (at least three).  The paper must contain a minimum of six (6) pages of text (not counting title page, footnotes, bibliography, etc.).  It should be double-spaced with normal margins and font size.             If you have completed Legal Research (LGL 383), your citations should conform to the The Bluebook.  If you have not completed Legal Research, you may use either APA, MLA, or Turabian format.  (Style guides for APA, MLA, and Turabian are available on the USM Library webpage.   Topics: Discuss the history and status of the copyright in the Sherlock Holmes character (created by Sir Arthur Conan Doyle in 1887). Summarize the recent U. S. court decisions on this subject and discuss the legal analysis within these court opinions.   To what extent, and under what circumstances, can an architect or other party prohibit the use of photographs taken of a building or similar piece of architecture? Similarly, to what extent can the owner of such a building prohibit the construction of another building that is different from the first, but that nonetheless shares some of the same prominent features and elements?   Discuss the history of the copyright in the song, “Happy Birthday to You.” Summarize the most recent U. S. court decisions on this subject and discuss the legal analysis within those court opinions.   Explore the modern-day prevalence of non-traditional trademarks (e.g. smells, sounds).  Discuss at least three real-life examples of such trademarks and research their legal status (e.g. are they registered).  Discuss the legal analysis used in determining whether such devices qualify for trademark registration.

For each case, write an analysis of what the appellate court has said.  What are the facts of the case and the legal analysis the court rendered? Answer this as two questions: 1.  The Patterson case (3 pages) 2.  The Monroe case (3 pages) Please write an analysis about each case using the provided file which includes video links as well. Each case has to be 3 pages each to total 6 pages. Use the sources provided, please.

Using both a closed system and open system analytical framework, describe your local jail. How might these frameworks lead to different views of the jails effectiveness of the causes of jail violence? NO PLAGIARISM

just follow the instruction below- Answer both of the questions below from this week’s reading within one thread. Chapter 2: Why would subordinates under a democratic leader perform better in the leader’s absence than would subordinates under an autocratic leader? Chapter 3: Do you think leadership style is fixed and unchangeable, or can leaders be flexible and adaptable with respect to style? Why?

Please choose 3 questions out of the following 4 questions for discussion. Please make sure you understand what is the meaning/process “conceptualization” and “operationalization” before you respond to the following questions. 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 terrorism, in essence making their government 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 Wolff and colleagues’ paper (Hartley, P. 100-111), what do they say are some problems with comparing victimization rates inside prison versus rates of the general population not in prison? (you may find the article through Lamar online journal. The references for the article is “Wolff, H., Jing, S., & Bachman, R. (2008). Measuring victimization inside prisons: Questioning the question. Journal of Interpersonal Violence, 23(10), 1343-1362.”) 4. According to Batton and Kadleck’s research (Hartley, p. 111-126), what is the most difficult component of measuring racial profiling? What would you do to deal with the issue if you will be conducting a similar study? (you may find the article through Lamar online journal. The references for the article is “Batton, C., & Kadleck, C. (2004). Theoretical and methodological issues in racial profiling research. Police Quarterly, 7(1), 30-64.”)

Please answer both of the following Discussion Questions:    1. Examine your personal life course. (This student is a 65 year old African American woman who has made choices that led to no criminal history)What turning points did you experience that led to where you are today. As part of this response please identify a criminological theory which best helps describe and or explain your unique experiences.     2. Keeping labeling theory in mind, does sex registration (of convicted sex offenders) serve the public interests, and or does this labeling process do more harm than good? Fully explain and defend your views.

Answer questions 1-8.  1.Based on the EEOC’s Revised Race Guidance, describe any five (5) of the elements that constitute Title VII’s (of the Civil Rights Act of 1964) prohibition of race discrimination. Give an example for each. 2.Francisco, a Hispanic man, is employed by the Inter-Pacific Railroad as a supervisory conductor on its commuter trains. Except for one white woman, all other supervisory conductors are black men. The other supervisor conductors refer to Francisco as “Taco” and used other racial slurs when referring to him. Francisco complains about this to the senior trainmaster and threatens to file a claim with the Equal Employment Opportunity Commission (EEOC). What steps would you suggest the trainmaster follow so as to address Francisco’s concerns and prevent him from filing a claim with the EEOC?  3.Franklin, a U.S.-born individual of English ancestry, works for the China Soul Restaurant, which is owned and operated by two U.S. citizens of Chinese ancestry. Franklin’s co-workers Jin Pan and Lou Jiang, also U.S. citizens of Chinese ancestry, are late for work almost every day, but no action is taken against them even though the owners are aware of Jin and Lou’s tardiness. There is a clearly stated workplace policy that an employee reporting to work late more than once in a 60-day period will be dismissed. Franklin reports to work late twice, and he is dismissed. Explain whether Franklin has a basis for a national origin discrimination claim. 4.Kevin, the owner and manager of a large warehouse, speaks only English. He requires that all his employees speak English to ensure that communication related to work is clear and effective. A number of non-English-speaking workers complain about the policy on the grounds that they can converse in their native languages and still get the job done. If these non-English-speaking employees bring a claim of national origin discrimination on the basis of this policy, what is Kevin’s best defense? Explain. 5.Discuss and explain the six factors that will be considered by the courts and the Equal Employment Opportunity Commission in determining whether an employer has successfully borne the burden of reasonably accommodating an employee’s religious conflict. 6.MaryJo, a very religious woman, takes every opportunity to propagate her religion at work to the extent that it adversely affects her productivity as well as that of those around her. Her employer admonishes her to stop proselytizing at work. She offers instead to simply limit her proselytizing to certain hours of the day. Her employer declines the offer and reminds her that she is being paid to work, not to preach. When MaryJo refuses to accede to her employer’s wishes, she is fired. She files a claim with the Equal Employment Opportunity Commission (EEOC) alleging that her employer failed to accommodate her religious beliefs. Evaluate the merits of her claim. 7.Chad was 54 years old when he was hired as a disc jockey by William. Two years later, as William’s business was failing, Chad was laid off by William. Chad felt that he was laid off because of his age, so he brought a claim of age discrimination against William. On the basis of these facts alone, briefly discuss William’s defenses to Chad’s claim. 8.List the elements that must be established by an employee to persuade the court that she or he has a claim for age discrimination.

Each student will be required to do a 7-10-page paper (NOT INCLUDING THE COVER OR REFERENCE SHEET) examining in detail police-related incident(s) involving the USE OF FORCE. Each student will have the opportunity to choose the police use of force incident; however, the state in which the event is in will be randomly drawn by your instructor. Some states are submitted in double or even triplicate to allow students to possibly cover some of the controversial use-of-force incidents of today’s modern society. To avoid students from covering the same use-of-force topic, ALL incidents must be approved before any student going forward on their term paper. (TOPICS DUE SUNDAY 09/13/20). Grades for TERM PAPER will reflect the content, organization, grammar, spelling, original thought, conceptual usage, proper use of APA format, citations and clarity, and creativity (i.e., political cartoons, graphs, images.). The following must be covered on student’s term papers IN THE FOLLOWING ORDER ONLY. EVERY SECTION OF YOUR TERM PAPER MUST BE MARKED, SECTION 1, SECTION 2, SECTION 3, ETC… SECTION 1: (Coversheet) Proper APA title sheet with the name of the state you are covering. The incident you are referring to. The date incident should be on the cover sheet and a title that you invented of your term paper, i.e., “The tale of on two cities,” instructor’s name our class title, (PSC-324), and finally the date of submission. SECTION 2: The following information will also be added to your term paper ONLY IN THE FOLLOWING ORDER., IF THE ORDER IS NOT FOLLOWED YOU WILL LOSS POINTS AND IF THE INFORMATION IS LOCATED IN ONE OF THE OTHER SECTIONS YOU WILL NOT RECEIVE ANY POINTS FOR THE WORK.: Brief introduction introducing your term paper and flowing into the following information: cities/state population and demographical breakdown, the value of a home, the per-capita income per household, the average size of a family, education, what are the poverty rate of the city, state, or village you are covering compared to the state. You are required to use a minimum of 5 sources and cite every source in APA style. WIKIPEDIA IS NOT AN OFFICIAL AND CREDIBLE SOURCE TO CITE. IF ANY STUDENT USES WIKI, I WILL IMMEDIATELY DEDUCT POINTS ON THE CITE SECTION.  SECTION 3: The following information is required on the police department you are covering: how old is the police department, what is the size of the police department you are covering, what is the geographical size of coverage area, the ethical and rational breakdown of the police department, the men to women ratio; what’s the rank structure, salary, retirement plan, and finally you will answer the question; does this department represent the general population of the people that they are governing in their state, city, village, etc.,?. Also, indicate if ethical police conduct established protocols such as Internal Affairs, Office of Professional Conduct, etc. (which is the case 99.9 % of the time, so please add it to your term paper)? What is there contact information to report both negative and positive behavior? Does the department you have chosen have a Use-of-Force-Continuum? If they do, please demonstrate the continuum via chart (again, 99.9% of all police departments have a continuum, so please tell the instructor a little about the use of force practices). SECTION 4: Regarding the body of your term paper, the following is expected: A USE-OF-FORCE INCIDENT/SCANDAL MUST BE COVERED. Simply put, the police must have used FORCE. Whether that’s physical (hands), chemical (pepper spray), impact weapons (ASP, baton), or Firearm (gun), there are all considered FORCE and can be used for this term paper. The only level of force that can’t be used in this term paper is VERBAL. First, students must identify the use of force incident, describe/provide a brief synopsis of the event, including a little history if possible (i.e., police have been called to the location several times. The subject is known to police from previous encounters. SECTION 5: Students must address any of the many class terms within their term paper but are subject to mention a minimum of 5 and articulate that you know what the terms mean, and how the terms relate to your scandal. Students have to bring their incident to a conclusion and address the following questions within their term paper. Where is this case currently, could this incident, in your opinion, could have been handled a bit differently or was it handled appropriately? Did race and ethnic group divisions play a role in the incident? Did the media play a role in your opinion, was the use of force continuum followed and did it even matter if it wasn’t? What anyone terminated? Were lawsuits filed? Did the police department develop a new policy? Was there a change in management? Finally, where are we today after the incident, has something been gained from the event like a revamp of the police department units or personnel? SECTION 6: Finally, your conclusion, what is your opinion on the incident, and how would you have handled the situation if you were the executive in charge, would you have done anything differently? SECTION 7: A property constructed reference sheet in APA style

This DB will help you to meet some of your course outcomes, including to “Understand the history of international conflict management and the direction it is moving today” and “to compare and contrast conflict management strategies used in an international setting versus a national setting.” Thus far we have been looking at the theoretical aspects of conflict management.  In future chapters we will look at the practical application and management strategies.  We will begin to see that there are challenges to all strategies.  One that will arise consistently is the issue of state sovereignty and the unwillingness of states to hand issues of national security off to international organizations.  So let’s begin to explore that from the theoretical side:   International Conflict Management necessarily requires international cooperation.  International organizations are associations of member states created by treaty.    The UN has stated, “The Rule of law is fundamental to international peace and security and political stability.”  Please read the article below on the Rule of Law: https://www.un.org/ruleoflaw/what-is-the-rule-of-law/   This UN article reads, “… Goal 16 is an enabling goals for Member States to generate national-level policy changes that advance progress on other SDGs (sustainable development goals).  The UN considers the rule of law an “important component of sustaining peace.”  Some of the areas that the rule of law encompasses are: extremism, hate speech, climate change/ environmental issues, cybercrime.    When considering the rule of law, what are some of the benefits of recognizing an international rule of law?  Can you think of any challenges this poses to national laws/ policies or sovereignty?    (Hint:  You may want to consider how controversial some of these issues are within our own nation, ex.  Should the display of the confederate flag be considered hate speech?  Do we agree on climate change?  Are we willing as a nation to agree to international norms or do we prefer to rely on our own system of law?)