Law

Since the U.S. Supreme Court’s 2015 decision in Obergefell v. Hodges, legal same-sex marriage is the law of the land. Many people are still unhappy about the decision and some fear that in complying with the law they will be forced to violate their sincere religious beliefs. You’ve no doubt heard of cases in which, for example, courts have held that refusing to bake a wedding cake for a same-sex couple is unconstitutional discrimination A fact that many have missed about the bakery or photography cases is that these cases are not about federal law, and are in fact unrelated to the question of whether same-sex marriage is or is not legal. These cases are based on state laws adopted by state legislatures that establish sexual orientation as a protected class. So in those states it’s illegal to discriminate against same-sex couples just as it’s illegal to discriminate against African-Americans or women or disabled persons. In Texas, it’s not illegal to discriminate against same-sex couples because sexual orientation has not been added to the list of those protected from discrimination. So a Texas bakery can refuse service to a same-sex couple with impunity. Texas’s argument is that the Obergefell decision mandated that the state perform same-sex marriages but did not explicitly mandate that states offer the same benefits to married same-sex couples that are offered to married opposite-sex couples. Texas officials (the governor, lt. governor and attorney general) believe that discriminating — treating same-sex couples differently from opposite-sex couples — should be the state’s choice. The basic anti-discrimination principle in the Civil Rights Act is that “public accommodations” (such as restaurants, theaters, hotels, etc.) cannot discriminate against members of protected classes of people. A restaurant, for example, cannot refuse to serve African-Americans or women, even if they have a sincerely held belief that African-Americans or women are undesirable. Some people’s sincerely held religious beliefs long included the belief that African-Americans were cursed by God (the biblical “mark of Cain”) and thus discrimination against them is ordained, or at least approved of, by God. That belief was an important element of the supreme court case Newman v. Piggie Park (1968). If someone’s sincere religious belief mandates that they discriminate against African-Americans and courts have said that’s not OK, should sincere religious beliefs be the basis for discrimination against other groups of people, like homosexuals? [From the Piggie Park decision:  “The free exercise of one’s beliefs, as distinguished from the absolute right to a belief, is subject to regulation when religious acts require an accommodation to a society. Undoubtedly, [the restaurant owner] has a constitutional right to espouse the religious beliefs of his own choosing; however, he does not have the absolute right to exercise and practice such beliefs in utter disregard of the clear constitutional rights of other citizens.” Remember, we’re talking about laws that have to apply to everyone. No particular set of religious beliefs can bind everyone else, as we separate church and state in America. Anti-discrimination laws generally have exemptions for religious institutions. So churches may refuse to host gay weddings if they choose. For-profit wedding chapels are not similarly protected (here’s one story from a conservative perspective and a liberal perspective) as they are generally considered to be public accommodations. Some have asserted that the logic of forcing a baker who objects on religious grounds to bake a wedding cake for gay marriage is the same as forcing an African-American baker to bake a cake for a KKK wedding or a Jew to bake a cake for a Nazi wedding. That’s not actually an accurate analogy. The KKK is not a protected class, because adhering to political philosophy is not an immutable characteristic of a person. Neither is the Nazi party. Any baker, black or white, can therefore refuse to bake a cake for a KKK wedding, or any Jew for a Nazi wedding, without being accused of legal discrimination. Question So, what do you think? Should any business owner, or even any government official, be empowered to deny service to same-sex couples on the basis of their sincerely-held religious beliefs? Remember you need to make your “Initial Post” of at least 250 words For more information on Religious Freedom read this: https://en.wikipedia.org/wiki/Freedom_of_religion

How do laws differ between Canada and the U.S. regarding prostitution?  Why do you think the law is so different in the two countries?  How have other countries addressed this issue recently? How does Canadian law compare with the Nevada laws on prostitution?   What, in your opinion, is the best way to address prostitution?  500 words 2 references APA Format For more information on Canadian Law read this: https://en.wikipedia.org/wiki/Law_of_Canada

Understanding Terrorism – Week 4 Assignment Case Study Two – Oklahoma City, 1995 Begin by reading the article on the trial of Timothy McVeigh and Terry Nichols. For this Case Study, address the following:·  Using the article and Martin, Chapter 7, what was the ideology espoused by McVeigh and Nichols?·  What are some of the primary reasons that McVeigh adopted this ideology?·  Briefly explain the core of McVeigh’s defense. What are the weakest points of the FBI’s investigation? Your submission will not exceed 3 pages, excluding the Title Page and Reference Page. You will use APA Standard Format (1″ Margins, Times New Roman, 12-point Font, and Double Spacing. No extra space between paragraphs). Other than the Martin textbook, no outside references are required; however, you are free to include sources if you choose to do so. For more information on Timothy McVeigh and Terry Nichols read this:  https://en.wikipedia.org/wiki/Oklahoma_City_bombing

Occupational and Safety and Health Law of 1970 (OSHA) this week.  This groundbreaking law took decades to become a reality, and its importance to the safety and health of employees in the workforce cannot be underestimated.  After researching the subject include in your response the following questions: Why was OSHA needed in the workplace?  Provide some background on its history. Do you think OSHA is working and why? What type of OSHA training have you experienced in the workplace? Does your employee do all they can to provide a safe and secure working environment? There is lots of information available on OSHA to review.  For more information on OSHA read this: https://en.wikipedia.org/wiki/OSHA

You will write a 3,000–3,500-word research-based paper in the current APA format. The paper must include at least 10 references in addition to the course textbooks and the Bible. The topic is provided below. Research and analyze how the mandate to be above reproach would affect an attorney’s obligations of professionalism, specifically with regard to Model Rules that govern attorney-client communication and attorney expertise. This is an analytical paper in which you will first clearly state the issue in the introduction paragraph. You will then discuss the authority or law that applies to the issue (i.e. the specific model rules and cases and articles that discuss these rules). Then you will apply the authority and rules to the issue and provide a conclusion. Include course materials and presentations. In the conclusion, you must discuss the Christian’s responsibility to be above reproach, and, based upon the analysis, provide how an attorney would fulfill this scriptural obligation. For more information on Attorney read this: https://en.wikipedia.org/wiki/Attorney

A short paper max of 5 pages on your personal thoughts regarding the following subjects: 1.Essentials of the Federal Court’s Subject Matter Jurisdiction. (Max 2 pages) 2. Pleading standard and test to assess whether a civil complaint states a claim upon which relief may be granted. (Max 1 page) 3. Governing principles of discovery in a civil case. (Max 2 pages) Font: Times New Roman  Size: 12 Space: Double spaced For more information on Civil Procedure read this: https://en.wikipedia.org/wiki/Civil_procedure

Unit 7 AS: Trends in Statutory Law Research proposed or new amendments to the Federal Rules of Evidence. In addition to summarizing at least 2 proposed or new amendments, be sure to address the following questions: Defend or dispute the proposed or new amendments. If you were a legislator, what would be next on your agenda pertaining to “rules of evidence” reform? In addition to external research, remember to review the lecture, readings, and resources for this unit to help you formulate your responses. For more information on Statutory Law read this: https://en.wikipedia.org/wiki/Statutory_law

Compare and contrast the inevitable discovery and independent source exceptions to the Exclusionary Rule. Is this distinction crucial in a criminal proceeding? For more information on Exclusionary Rule read this: https://en.wikipedia.org/wiki/Exclusionary_rule

There are typically four types of cases handled by a juvenile court. Which type of case makes the most sense to be handled at this level? Please be specific. Of the four types of cases handled by a juvenile court, which type of case makes the least sense to be handled at this level? For more information on Juvenile Court read this: https://en.wikipedia.org/wiki/Juvenile_court

Pretend that you work as a policy analyst for the governor’s office. In your position, you advise the governor on future legislation positions. There is a bill in the state legislature that would legalize medical and recreational marijuana. She has asked you to prepare a 700-1000 word persuasive memo that argues either for or against the potential legalization of marijuana in your state. Your memo must take a position either for or against legalization, and you should use evidence and an articulable rationale to back up your position. Consider what you have read in Chapters 10, 11, and 12 of our textbook, as well as the NBC News video titled “Legalized: A year in the life of Colorado’s legal weed experiment.” You may also want to look at outside sources. You should use APA citations to properly cite any work you use, including your textbook. Link to video https://www.youtube.com/watch?v=B1cyfObqehI&feature=youtu.be For more information on Legalization Of Marijuana read this: https://en.wikipedia.org/wiki/Legality_of_cannabis