Case #1 Premises Liability

1. Wal-Mart v. Gonzales, 968 S.W.2d 934, 41 Tex. Sup. J. 811(1998)

                     Texas Court

                     May 8, 1998, Delivered

1. Appellant: Walmart Stores      Appellee: Flora L. Gonzalez

Key Facts:

 The case relied on solid circumstantial evidence to back up the facts and build a case against Walmart retailers. Moreover, the findings revealed negligence on Walmart’s part. The evidence exposed some macaroni salad found on the floor by shoppers. The court of appeal believed that the case relied heavily on the adequate proof that revealed macaroni salad was on Walmart ground for a long period. Hence, collaborating the evidence with the incident would make the case have merit (Lang, & Campbell, 2017). While carrying out her weekly shopping with her child, Gonzalez, fell and wounded her backbone. The cause of her slip was macaroni salad found near cafeteria section. She also sustained wounds on her knees and left shoulder

Duty:

Walmart retailers had a duty to warn their customers of any impending danger but the failed to put up a notice leading to the injury of one of their loyal customers (Lang, & Campbell, 2017).

Breach of Duty:

Walmart had a responsibility to clean their floors yet, they did not which led to a slip of one of their clients (Lang, & Campbell, 2017).

Causation:

Gonzalez’s child attested macaroni had dirt and footprints, signifying it stayed on the floor for a long time (Lang, & Campbell, 2017).

Damages:

Gonzalez received $ 100,000 for her damages. However, Walmart appealed the case and the court accepted. In the end, Gonzalez’s damages after the appeal were $96,700 and the court permitted certiorari vision (Lang, & Campbell, 2017).

Case #2 premises liability

Occidental chemical company (Petitioner) v Jason Jenkins (Respondent).

Key facts

 On April 2006, Jason Jenkins injured during utilization of an acid-addition equipment at Texas chemical firm (The Supreme Court of Texas, 2017). Consequently, Jenkins requested the case was a premise liability rather than a negligence case. However, Jenkin failed to give enough findings that would prove a premise liability case and hence did not submit the premise liability to the jury. Jenkins relied on the evidence of two people, who revealed the firm did not have safety audit of their equipment hence increasing probability of accidents.

Duty

Occidental had a duty to assess the safety levels of its equipment and inform tis workers of any danger that they might face while interacting with the machineries (The Supreme Court of Texas, 2017).

Breach of duty

The company failed to provide supervision to any one not well acquainted with the machinery hence negligence on their part (The Supreme Court of Texas, 2017).

Causation

Jenkins sustained injuries after handling acid systems which under poor state. Occidental refuted Jenkin’s claims (The Supreme Court of Texas, 2017).

Damages

            Occidental appealed to two decrees of repose one against the administrators governing equipment and the other against the design of the system. On the other hand, the court decided to break the law while Jenkins was within their vicinity and the statutes of appeal did not inform on the court’s decisions (The Supreme Court of Texas, 2017)..

Case 3 United Scaffolding, Inc. v. James Levine

In this case, the court reversed a million dollar ruling passed for complainant and ensured that no one received money in offender’s favor. The court concluded that premises of liability were incorrectly applied to the jury to make the case have a negligence concept. Thus, the court was not under any duress to the incorrect application by the plaintiff (The Supreme Court of Texas ,2017) .In 2005, December James Levine tasked with a duty to repair and connection of blanks into a exchanger, Levine slip and fell on a piece of wood and fell, injuring his neck.

Reference

The Supreme Court of Texas (2017). United Scaffolding, Inc., Petitioner,V.James Levine, Respondent http://www.txcourts.gov/media/1438062/150921.pdf

Lang, H. D. S., & Campbell, R. A. (2017). Survey of Recent Mandamus Decisions of the Texas Supreme Court. SMU Annual Texas Survey, 3(1), 265.

Public Policy Letter to Your Legislator

 RE: AB-24 Targeted Child Tax Credit

 Dear Miss Cecilia Aguiar-Curry

I am writing this letter to express my view of the proposed AB-24 Targeted Child Tax Credit.  I would like to impress upon you vote for the bill considering the impact it will have on efforts to end poverty in the State of California. This letter contains an argument in support of the significance of the bill in helping children whose families are wallowing in poverty.

The AB-24 Targeted Child Tax Credit bill will greatly contribute to the plan for providing the help needed by California’s families to breaking of the current state of poverty. There is a significant number of children living in poverty and we need to utilize every opportunity to alleviate the situation in our neighborhood. It is quite depressing to encounter suffering children whose families are helpless, in that they have limited options to improve their situation. It is even worse when the state has enough resources to address the issue but there is no political will to champion the cause of the poor children. A political solution is needed to improve the situation and I believe that with your assistance, our collective voices are essential in ensuring that child poverty is entirely eliminated. It should be a top priority for all the policy makers, especially elected members of the assembly, to take care of children who appear to have been neglected by the system.  Now is the time for action and taking a stand on behalf of your constituents and pressure the state government to address the child poverty as a social ill that needs maximum attention.

Child poverty is a hindrance to growth and development, and denies them access to food and various basic services including education and healthcare. Failure to address the issues continues the same cycle of poverty since lack of education denies the children an opportunity for a decent future in their childhood.  It should be in the interest of every policy maker to support a cause that will put in place a comprehensive strategy for ending extreme child poverty and reducing the overall rate of child poverty in California State.  A research done recently estimated that around 450 thousands children are extreme poverty, which represents the states 8th biggest city. The electorates in your 4th Assembly District are counting on your influence through voting for the bill to support the issue. There is no political or moral justification for the kind of poverty the children and families have to endure.

There is no other time that the issue should be taken head on other than now.  The families living in poverty are aware of what they can invest the extra fund in, and that is why the targeted child tax credit would come in handy. It will allow the families with low income to pay for medical costs and rent, and leave some funds for supporting the learning and development of their children. Moreover, the parents cannot rise of the situation without support for safe and reliable care, and that is why the bill will guarantee a solution to the problem.

Finally, I would like to thank you for the consideration you have shown for this needy group of people in the society. Your continued support for this cause will not go unnoticed by those who will witness the changes.

Yours Faithfully,

Increased Female Homicide

Violence against women especially from their intimate partners has become a very common issue in the society today. The department of Justice in the US has found that women tend to be the most vulnerable victims of violent crimes irrespective of whether she is an in a domestic violence situation or not. Most of these violent crimes tend to happen by the use of guns, most of the female intimate partners that are killed are more often with a firearm as compared to other means (Dobash & Dobash, 2017). This fact has led many women to consider having a firearm in their homes as a form of protection especially those that are in a violent domestic situation. The sad fact is that owning a fire arm for these women does not really protect them because the women that own guns have higher chances of getting murdered using these guns as compared to those that do not own the guns (Dobash & Dobash, 2017).

The reason why women tend to be the most victims when it comes to matters of domestic violence is because of the masculinity thinking that has led the society to assume that women are the weaker sex (Dobash & Dobash, 2017). These assumptions have given the men authority to mistreat the women in the quest of ensuring that women understand their position in the society. Men have this ideology that they superior to the women which gives them the chance to control them and to do this they have to show their aggression and strength (Dobash & Dobash, 2017).  Most women that are victims of domestic violence are the women that believe in equality and so they are always ready to argue with their male partners and that is where the violence begins.

The article by Alund & Buitrago (2018) is a great illustration of the extent to which the issue of violence on women has extended.  This article is effective because it helps to illustrate how these events of violence come about and how women end up becoming victims in these situations. The article presents the case of a 39 year old man Bailey was jailed for shooting and killing his girlfriend at her house in the presence of their children that are aged 11 and 10 (Alund & Buitrago, 2018). The sad fact is that no one was there at the time to help and one of the children is the one that to call their neighbour illustrating that the mother had been shot. The article goes further to illustrate that the girlfriend had filed a restrictive order against him that required him to stay away from her (Alund & Buitrago, 2018). This article helps to show the masculinity ideology in that Bailey even after being restricted by law to stay away from the victim, still felt that he as a man had control over her and he could do all that he wanted because he is a man. He did not care about his actions and the effects that they would have on the children who had to witness their mother getting shot at their house.

In the year 2015 in Tennessee there were over 1450 female victims that were murdered by a male that they knew and this included a boyfriend, a husband or someone that they were intimately engaged with (Dobash & Dobash, 2017). The sad fact is that 55% of these murders were committed using a fire arms. The laws on gun ownership need to be amended to ensure that people no longer keep guns in their homes. Having guns at home, creates room for more killing on innocent women by their partners which has a negative impact on the society. Domestic violence deters progress and it has very negative impacts on the children who grow up with the biased ideology that illustrates that women are to be controlled and disrespected by men. The society need to change its thinking by incorporating gender equality that will help reduce female homicide cases.

References

Alund, N. N., & Buitrago, J. (2018, December 27). Police: Man who shot girlfriend, then self

in head released from hospital, jailed. Retrieved from https://www.tennessean.com/story/news/crime/2018/12/17/nashville-shooting-woman-killed-netherlands-drive/2334393002/

Dobash, R. E., & Dobash, R. P. (2017). When Men Murder Women. When Men Murder

            Women, 245-264. doi:10.1093/acprof:oso/9780199914784.003.0011

Case of Controversy Requirement

The standing doctrine affects the justifiability of a cause of action in that the court must ensure the parties to a lawsuit such as a plaintiff and a defendant are the real part in interest who will be involved in the legal process (Mintz, Rosenberg & Bakken, 2010).  For the cause of an action to be justified,  the person who presents complains to the court must show ‘distinct and palpable injury' in other words,  the plaintiff should avoid presenting abstract and generalized issues but rather, he or she should present the real and concrete challenged act (Mintz, Rosenberg & Bakken, 2010). In addition, the legal case presented should be fairly traceable so that the court can take criminal actions.  However, the case may be referred to as a ‘standing case' if the court lacks sufficient connection to the challenged action. Parties who report a threated injury must also be required to admit palpable injuries so that the court may give a judicial resolution (Mintz, Rosenberg & Bakken, 2010). According to the standing doctrine, some cases will remain standing if the plaintiff does not present actual injury and causation, for the case to be subjected to the judicial resolution.

 The ripeness concept also affects the justifiability of the cause of action in that for the court to proceed with the legal actions or for the court to take legal reasoning and review the evidence, there must be sufficient facts for the presented legal case (Mintz, Rosenberg & Bakken, 2010). The dispute must be sufficiently developed and real, to avoid case dismissal. For the case to be heard, the plaintiff must present the real injury or a threat since the court needs adequate factual records before making a judicial opinion (Mintz, Rosenberg & Bakken, 2010). The court does not use a generalized legal rule but it focuses on enhancing accuracy in making a decision and for this reason, constitutional ripeness is an integral element.

For the court to effectively and efficiently manage cases, it must have a constitutional power and authority, recognize the statutory time limits and should only address adversarial cases (Weinberg, 2006). An example of a case where these components are present is the case between Warth v. Seldin. The party that filed a lawsuit to seek a legal remedy was against the planning and zoning members of the Penfield town and the Rochester city. The filed legal case was that the government appointed members for planning and controlling the physical development and commercial activities excluded low and middle-income earners from living in these cities (Weinberg, 2006). The case was presented in the U.S district court for trial but the case was dismissed for lack of standing to sue. In other words, the plaintiff presented generalized grievances and they could not show real injury done by the accused party (Weinberg, 2006). The United State District Court has the Congress power to address cases, it adheres to the statutory rights and it addresses new cases.  Despite these components, there were some variables that hindered the court from proceeding with the case. The plaintiff did not provide sufficient connection of the challenged action to allow the court to make a decision.

The statute of limitations is an important concept and it may help obtain a relief. This is because the maximum time set before the legal proceedings will give both the plaintiff and the defendant enough time to find the best evidence to defend the lawsuit (Engel, 2003). In specific,  the plaintiff will present a valid cause of action and during the legal proceeding, both the complainant and the defendant will obtain a relief or in other words, the judges will make a court order and this means that the accuser and the accused to obtain judicial relief.

            An example where the Statute of Limitation expired is when my father borrowed funds from a bank. Due to unpaid debts, the creditor filed a lawsuit but the court's decision was that the debt had passed the statute of limitation or it had expired and no further action was taken.

References

Engel, G. T. (2003). Civil fines and penalties debt: Review of u.s. customs service's management

and collection. Place of publication not identified: Diane Pub Co.

Mintz, J. A., Rosenberg, R. H., & Bakken, L. A. (2010). Fundamentals of municipal finance.

Chicago, Ill: American Bar Association, Section of State and Local Government Law.

Weinberg, P. (2006). Environmental law: Cases and materials. University Press of America

Equitable Remedies

The court of equity is based on the concepts that the court should eliminate harshness and focus on promoting equality and justice, create legal relationships and more important, apply moral principles to distinguish the right and wrong (Klinck, 2016). The court of equity puts emphases on the equitable right, maintain balance and make impartial decisions. The chancellors in the court of equity make moral and reasonable decisions.

 Health care providers are expected to adhere to ethical standards and they are legally responsible for any harm to the patient. Medical malpractices include failure to provide treatment, medical errors, incorrect diagnosis, wrong advice to patients, lack of informed consent and many more (Penick, 2003). There are various remedies for the medical practice and the common remedies are compensatory action- this means that a patient can file a complaint before the Civil Court and claim for compensation. Second is disciplinary action- a patient may file a complaint about disciplinary action to the regulatory body such as the State Medical Council (Penick, 2003).

I support that the court could grant Harper a preliminary injunction in order to maintain a status quo between him and the Poway Unified School District.  In this case, the injunction is to advise Harber whether to remove T-shirt or not. The court's order to Harper could serve an important role as it could either stop harmful actions, secure the school setting, or prevent him from facing disciplinary action such as out-of-school suspension (FindLaw, 2019).  In addition, since the derogatory remarks on the T-shirt led to incidents and altercations, and hostile working environment in the school compound, the court let Harper know if the dress code was right or wrong (FindLaw, 2019). Moreover, the injunction could prevent nuisance awaiting for court's opinion.

Reference

Penick, M. P. (2003). Medical malpractice. St. Paul, Minn.: Thomson/West.

Klinck, D. R. (2016). Conscience, equity and the Court of Chancery in early modern England.

London: Routledge.

FindLaw. (2019). HARPER v POWAY UNIFIED SCHOOL DISTRICT.  Retrieved from: https://caselaw.findlaw.com/us-9th-circuit/1356455.html

Justice System - capital Punishment  

            The U.S Supreme Court supports the death penalty by arguing that its goal is to promote deterrence and retribution. State courts and some States like Texas have employed capital punishment under the argument that if offenders were allowed to live, they could commit more violence (McLeod, 2018). Many scholars have ignored the use incapacitation of criminals due to two invalid assumptions. The opponents of incapacitation argue that incapacitation entails various non-lethal alternatives models including life without parole, prediction error, and solitary confinement (McLeod, 2018). Opponents rely on these assumptions in ruling out that incapacitation is dangerous and pose real problems in the future.  In addition, they argue that capital punishment prevents future violence and also protects the prison guards from being harmed. However, my stand is that the court and other opponents should not use these objections in dismissing the use of incapacitation. It is important to consider human treatment, human dignity, and safety in the future (McLeod, 2018). Even though the invalid assumptions were real,   the problems including the prediction error can be reduced. Thus, opponents should stop ignoring the use of incapacitation using the arguments that it is associated with future dangerousness. The problem with the argument is that the opponents have incorporated future dangerousness support death sentences yet without brief experiment nor offered solution to the future dangerousness (McLeod, 2018). It is important to understand that incarceration has never acted as an alternative to the death sentence. In the past, offenders who were not incarcerated experienced other punishments such as transportation to a foreign land and this method protected the society (McLeod, 2018). Today, life imprisonment with parole and single-cell confinement are morally superior to the death sentence. Supports of incarceration argue that chances of committing another crime after being released from the prison are low (McLeod, 2018).   According to my standpoint, capital punishment does not deter crime since it is inhuman following that some offenders may be innocent. Capital punishment is not constitutional or rather it does against the procedural law by denying offenders their right to demonstrate innocence.

 Reference

McLeod, M. S. (2018). The Death Penalty as Incapacitation. Virginia Law Review, 104(6), 1123–1198. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&db=bth&AN=132667316&site=ehost-live

Jurisdiction of the assignment

This assignment addresses homeland security at the local jurisdiction. In this particular case, the essay singles out the state of California as the local jurisdiction (Sarkesian, Williams, & Cimbala, 2008). Homeland Security requires harmonized efforts to safeguard, control, avert, react, and recover from potential threats and acts of violence or terrorism.

Definition of Homeland Security at state level

After September 11 attacks, a revolution awoke with the aim of coordinating national, state, and local homeland safety together with law administration policies (Sarkesian, Williams, & Cimbala, 2008). At the state level, Homeland department made a distinction between implementation of law and gathering of intelligence. Law enforcement agencies can have intelligence gathering tasks or functions while altering some intelligence agencies and handing them additional duties.

 With the emergence of Homeland Security at the state level, state governments are in charge of the main duties and oversee various specifics pertaining homeland Security (Caudle, 2008). Moreover, states integrated security policies, law execution, and substitute responses competencies with the structural systems to facilitate homeland functions within the state level.

Written homeland strategy at the state level

 Homeland Security division is a permanent and has a constant budgetary allocations from the main government to finance its functions and achieve its mission (Caudle, 2008). However, creation of the security department and fitting it with rest of the government agencies led to realign and organization of all sections of  national administration to accommodate the department.

 As stated earlier, the definition of Homeland Security revolves around a combined effort to prevent, reduce vulnerability, and even reduce effects of terrorism in case of a terrorist attack against America (Senate, 2011). Based on the mission of Homeland Security, the strategies combines intelligence with cautionary mechanisms, border and conveyance security, and domestic mitigation measures against terrorism attacks. Simply put, the mandate of the agency is protection of America from all fronts.

The accessibility of the document

 Securities agencies cannot reveal everything to the public hence some content of the document are confidential (Senate, 2011).

National strategy of Homeland security

 Various departments have distinct functions within the Homeland agency. Hence, national strategy provides guidance, systematizes, and unifies the exertions of the entire homeland security sections (Senate, 2011). Furthermore, Homeland Security is an accountable for the safety of the whole nation but each and every person needs to contribute for the operational strategy to work. Simply put, national strategy maps out protection of people, localities, and supports and sustains both short and long-term objectives of the country.

Difference between local strategy and national strategy

The national strategies maps out the overall approach to security matters for a certain period (Senate, 2011). The national strategy depends on the previous strategies formulated in 2002. On the other hand, the local strategies customize national strategies to fit their local settings. Therefore, a local strategy only translates the policies into more manageable elements at the local level. I summary, the national strategy have to create an approach that covers all levels but a local strategy only tailors the strategies to meet local security needs.

Similarities between local and national strategies

The only similarity is that local strategy relies on the national strategy while the national strategy caters to the needs of the entire country (Sarkesian, Williams, & Cimbala, 2008).

The appropriateness of the differences

 Yes, the variances are appropriate and give the strategies more than one applicable angle, which hence extending the actionable concepts contained within the entire system (Sarkesian, Williams, & Cimbala, 2008). In fact, the organization and management of homeland allows for dynamic approaches from the national level to the local level.

Scope of the Homeland security strategy

 The scope of the strategy covers months of preparations and planning by security experts. The scope takes into account all violent events that might occur locally. More so, the national strategies have to contain security concerns for the local levels (Caudle, 2008). Therefore, the scope and strategy are as a result of progression at the state and local strategies.

The Major Participating Agencies and Disciplines in Homeland Security

 The aim of all security agencies is the protection of human life. Hence, law enforcers and judiciary disciplines take center stage in the fight against terrorism (Caudle, 2008). Some of the agencies involved are Security Council and the FBI.

Local Strategy and Private Involvement

 Diverse planning personnel may need extra hands from vetted private sector. Regional planners come up with suggestions that later formulate strategies (Senate, 2011). Non-governmental organizations may play a role through donations or proposals.

Functions of the Federal Government in Homeland Security Strategy

 The federal government takes part in the seeing to it that the department gets enough financial resources to finalize its operations and effectively create a framework for its operations (Senate, 2011).

Reference

Caudle, S. (2008). The balanced scorecard: A strategic tool in implementing homeland security strategies. Homeland Security Affairs, 4(3), 1-17.

Sarkesian, S. C., Williams, J. A., & Cimbala, S. J. (2008). US national security: policymakers, processes, and politics. Boulder: Lynne Rienner Publishers.

Senate, U. S. (2011). Committee on Homeland Security and Governmental Affairs. A National Security Crisis: Foreign Language Capabilities in the Federal Government.

Introduction

For the sake of peace, sidestep strikes or lockouts, administrators arbitrate disagreements through negotiations in an attempt to calm things down and find a sustainable solution. During the tenure of a conflict, the parties involved can determines the direction of the case. NLRB’s roles centers on implementing without fear or favor the Wagner Act after critical analysis of the cases from all perspectives. This paper will evaluate a study case between a company and its union (National Labor Relations Board Administrative, 2016)

 Key issues within the case

 The case is between a Louisiana mining firm, which wrongfully enacted unlawful labor practices while handling its union workers. A judge overseeing the case confirmed that the Louisiana Company operated in a manner that disadvantaged its workers, which is against labor laws all in America. More so, the mining company made threats of dismissing union workers, refused to come to terms with their conditions, went against the law, and altered the working environment without involving them first. Simply put, they went against the norms of the laws and acted on their own volition, which may endanger the life and source of livelihood of the employees (National Labor Relations Board Administrative, 2016).

 The arbitrator’s ruling in the case

 In August 1^st, the judge established that the case between the mining company and union workers had a valid point of view. Evidence tabled in front of Judge Margaret revealed that a branch company of the Louisiana Company, Compass Minerals unjustly denied to instantly recalling an estimated 84 union workers who initiated a strike due to the poor and lawfully application of the law, comprising of 31 others still not yet recalled by the branch firm. In addition, the judge unveiled that the parent company failed to maintain laws and regulations stipulated by the federal government hence the terms and conditions of the employment were in below the required standard hence a need for an intervention through an arbitrary case (National Labor Relations Board Administrative, 2016).

 The judge then ordered the mining company to immediately recall the union workers and fully pay them their wages in full and maintain proper working conditions as per the labor laws require. In the entire case, the judge found a total of 15 unlawful practices based on National Labor Relations Act (National Labor Relations Board Administrative, 2016).

 Evaluation of the ruling

Based on all the evidence tabled on the case, the mining company produces salt and located at Overland Park. The company has three mining salt areas and over the last decade, the union workers always fought for conducive working conditions every time they renewed their contract. In fact, union workers represented the grievances of the employees each time complaints came up (National Labor Relations Board Administrative, 2016). However, when time came for the union workers to renew their contracts and resume their duties as overseers and intermediaries between the employers and employees, the employers denied the renewal. After negotiations stalled, the managers decided to take up the matter in court.

Opinion on the court ruling

 The ruling was fair and just, which gave the union workers a chance to fight back and get justice after mistreatment and unkind gesture from the administrators of the mining company. The employers ignored the plight of the workers for a long time and long arm of the law hard to force them into action.

 Ramifications

 The company reinstated the workers and compensated them in full. The Judge found the actions of the employers unlawful and suggested ways through which they carry out their business. In the end of it all, the mining company operated under the law (National Labor Relations Board Administrative, 2016).

References

 National Labor Relations Board .Administrative (2016) Law Judge Finds Louisiana Mining Company Committed Unfair Labor Practices in Dealing with Its Union Employees. https://www.nlrb.gov/news-outreach/news-story/administrative-law-judge-finds-louisiana-mining-company-committed-unfair

Gramm-Leach-Bliley Act (GLBA)

The Gramm-Leach-Bliley Act (GLBA) also known as the Financial Modernization Act of 1999 mandates financial businesses to explain the manner in which their share personal information. This in return assists in offering protection to sensitive personal information. Financial institutions are business organizations which offer financial services for instance insurance, investment advice, and loans to customers. Basically, GLBA comprises of three sections. They include;

• The Financial Privacy Rules that assists in overseeing the gathering and dissemination of personal financial information.
• The Safeguard Rule which enables financial institutions to have the capacity of implementing security programs aimed at protecting personal financial information.
• The Pretexting provision which assists in prohibiting the general access to personal information using some false pretenses.

Moreover, in order to comply with this Act, all the financial institutions are required to produce written privacy notices to their potential customers. The essence of that is to assist these financial organizations to explain their information-sharing procedures or practices to their esteemed customers.

                        What are the key concepts contained in the law / regulation?

The main concepts of the GLBA complaint include;

1. Financial institutions are required to keep on updating or informing their clients how they share their nonpublic personal information (NPI).
2. Financial institutions are required to inform their customers about the rights they have to opt out in case they prefer they information not to be disclosed to third parties.
3. Financial institutions are required to apply protection measure to customers’ personal information as dedicated by the written data security plans developed by the organizations (Lord, 2018).

 How does it impact an organization and its IT infrastructure?

The GLBA assists the IT infrastructure of the business organization to have the potential of securing confidentiality of the customer’s financial and personal information. The main focus of the FLBA entails expanding as well as tightening consumers’ private data. The general maintenance of the GLBA compliance is important to financial institutions because violations might be detrimental and costly to its day-to-day operating activities (Lord, 2018). Through the protection of NPI (nonpublic personal information), financial business organizations will enjoy penalty avoidance, improved security, and increased client loyalty and trust.

                        What policy, technical or procedural controls does the law / regulation require?

The following are some of the main technical, procedural, or policy controls which the law requires;

• NPI (nonpublic personal information) needs to be protected against unauthorized or illegal access
• Potential customers must be supplied with regular notifications to inform them how financial institutions share their private information with third parties. Moreover, must have the potential of opting out in case they prefer their personal information not be shared.
• Users’ activities must be tracked down including any unauthorized access to protected personal information

                        Why are those drivers important to the business?

According to Lord, (2018), compliance with the GLBA assists in protecting customers and their personal information which in return aid in building and strengthening the reliability of business organizations. Because of that, potential customers of the institution will be assured that their personal information will be kept safe. Security and safety is the one which assists in cultivating customer’s loyalty which in return assist in boosting the reputation of the institution.

            How those drivers benefit the organization and help it meet its goals? 

Financial institutions which comply with the GLBA have a low risk of incurring penalties and reputational damages that are caused by illegal access, sharing, and loss of personal information.

References

Lord, N. (2018). What is GLBA compliance? Understanding the data protections requirements of the Gramm-Leach-Bliley Act. Retrieved December 28, 2018, from https://digitalguardian.com/blog/what-glba-compliance-understanding-data-protection-requirements-gramm-leach-bliley-act

EU Law

Introduction

It is without a doubt that the European region similar to the rest of the global setting is governed by law. The European Union entails an institution that the formed by several European nations that deal with diverse economic, socio-political, military as well as other universal forces that affect the member nations. In other words, the EU law refers to a composition of treaties, court judgments as well as jurisdictional law which serves collaboratively with the existing legal systems within the EU. The law remains to be highly regarded amongst the member states including the United Kingdom regardless of the pending issue of exit[1]. In that, it helps in dealing with any conflicts that arise in relation to economic, socio-political or those that touch human rights. It is worth noting that the EU law is offered more priority over the state law in all the member states. The law is not only grounded on governance but also highlights some of the essential freedoms for the involved persons and governments which helps in promoting peaceful co-existence.  EU law is highly applicable in different situations or cases in a local or international perspective especially in the presence or prevalence of related legal conflicts. Thus, in fulfilling the requirements of this assignment, this report offers a detailed analysis demonstrating how EU law relates to the provided situations in addition to advising the involved persons on how best they can enforce their EU law rights.

With respect to Tooting Ladies’ English netball club based in London, several issues that affect their players can be addressed through the EU law. To start with both Sandra and Charlotte have both in a contract with the Netball club and as European citizens regardless of their country of origin into the United Kingdom, they are entitled to notable rights. Contract laws are set and implemented by individual states within the European Union (EU)[2]. Nevertheless, the EU on the other hand as the main body of governance has synchronized most of the features of contract law throughout the entire European community in the quest of achieving uniformity and fairness for the member states. According to EU, it is the principle of consistency that has resulted in consistent growth and advancement over the last couple of years even though the member states have adequate liberty in exercising their independence when it comes to setting their personal contractual laws. Also, some of the existing EU legislation measures have a direct impact on contract law since the organisation superiority when compared to domestic or state-based laws. When making business deals in a different EU nation, there is always the option of where the contract occurs, for example, the specific jurisdiction in which the terms are developed. Then again, the EU has created a standardised contract that is widely regarded as the Principles of European contract law. This is legislation that entails the conditions under which a contract is formed in EU to be considered as enforceable in the legal ground.

With regard to Sandra’s case, the European contract law is applicable. She is a Belgian citizen who moved from Antwerp Angels in order to join Tooting club in the midst of the playing season in October 2018. Having agreed that she would be paid 2000 Euros for every match played she participated in the European masters league the following month but following allegations of rules violation of introducing a new player in an ongoing season the team lost the match. Given that Sandra was told that she would no longer be able to participate in the rest of the season her earnings have been reduced. There is a contract that exists amid both parties based on their agreement for her to play for the team. A contract refers to a lawfully enforceable agreement amid two or even more parties which is either between persons, companies or other different entities[3]. A contract usually develops a responsibility to engage or disengage in specific things[4]. In this case, the involved parties should in all cases adhere to the provided conditions of the contract without fail. There is an enforceable contract amid both parties since they have settled to a mutual agreement. In that, while the club needs Sandra to play for the team, she is supposed to get the agreed payment as part of the deal. The EU law is relevant to Sandra’s situation following contract law principles which related to the development and enforceability of any given contract. It is worth noting that an agreement that meets the highlighted principles becomes part of a contract even if it was given in an oral or written form. There is no evidence on whether the contract, in this case, was a written one but as long as they reached a mutual agreement best illustrates that a contract was created. The EU law protects the rights of all the parties in any given contract holding that both have an obligation of adhering to the agreements without infringing on the rights of the other party.

In the development of a contract according to the EU law, a mutual agreement must exist. In that, the involved parties must meet in a common ground about a specific subject which entails an agreement to do or not to engage in a specific subject. A contract, in other words, entails a settlement that gives rise to responsibilities which are compulsory or acknowledged legally[5]. Within the European contract law, there is three main requirements for the creation of an enforceable contract which is agreement, consideration and contractual purpose. In other words, the motive must be known by all parties, and legal which means that the parties must consider the outcome prior to agreeing with the provided terms. The first necessity is that all the parties need to come to an agreement which is made after an offer is made to a single party to the other, and it is acknowledged. In most instances, an objective test is utilised by the legal courts to determine whether the involved parties were in any form of agreement. This is applicable in Sandra’s situation because she agreed with the club about her participation in the netball matches in exchange of payment for every match. As part of the deal, Sandra fulfilled her obligation by participating in a match in November 2018 but since the club had violated the rules she was unable to participate for the rest of the season. This, therefore, infringes on their agreement which was specific on the conditions of the contract including time and payment. In that, Sandra’s contract was supposed to last for 2 years, but after playing a single match her potential earnings and participation are negatively affected. This leads to the first most principle of any given contract under the EU law known as an offer. Based on the principle one of the involved parties develops a promise to participate or abstain from doing certain things in the present or future. The promise is created in exchange for a specific return of doing the same thing. In the case that the other party has acknowledged the promise, then the whole bargain is summarised as complete. The same is applicable in Sandra’s situation because after the club made her the offer of a two years contract with a payment of two thousand Euros for each match played she agreed to it. This meant that she had the obligation of playing for the club to ensure that it achieves its set goals while in exchange she secures the working opportunity while getting paid.

An offer which is a necessary principle for an enforceable contract was made to Sandra by the club. An offer is best described as the expression of readiness to contract on specified conditions that are developed with the motive that it will lead to binding after being embraced by the person who is being addressed[6]. The club had already made an offer and demonstrated that its intentions were truthful by allowing her to play for the team until a rule was raised on the ground that specific rules had been violated. Acceptance is present in the situation because she did agree to the made offer about her participation, duration of the contract and proper payment[7]. According to the EU law, any given offer should be accepted in relation to the specific terms of the deal[8]. In other terms, the party must embrace all the offered terms. Acceptance of a specific proposal does not have any legal implication not until it has been communicated to the party providing the offer since it might present some complexities if the offer provider has no knowledge on whether the proposal has been accepted[9]. Sandra had accepted the offer and made the choice of playing for the club. According to the European contract law, a promise does not bind a contract unless it is fully back up by reasonable consideration. Consideration is a valuable principle in the development of a contract is necessary for ensuring that the offer is enforceable within the contract. For example, after the club made the offer to Sandra and provided the terms for their promise she made a sufficient consideration and accepted the deal. In that, this is evident based on the fact that she agreed to be part of the two-year contract while also embracing the resulting payment. Consideration entails examining whether the deal has been given considerable value[10]. In this case, the player must have made important consideration on the value of the offer or her as a player. In that in exchange for her services she ought to have weighed whether the offer was supportive of her wellness as a person and her value. Since the law does not infringe on the made negotiations amid the existing parties, one is required to made consideration following the raised proposal.

For contractual intention any given agreement even where consideration is highly applied does not bind as a contract, in the case that it was made with no motives is creating right intentions[11]. This means that all the participants must focus on the agreement being legally abiding. In this case, according to the contract law, it is evident that the situation is relevant since the intentions of the agreement were binding by the law. This is because the agreement was ethical and legal. However, the club did not have the right or legal intentions while creating the contract on the ground that it clearly understood that hiring a player in the middle of the season was a violation of the rules. This was never communicated to the player when agreeing to the offer which shows that the club did not make a serious proposal as an experienced Netball player Sandra ought to have made sufficient consideration of the offer prior to accepting the proposal. The promise a thus be considered as unenforceable as an agreement because the parties did not have the intention of ensuring that the contract is abiding by the law while the player failed to demonstrate any consideration. However, it might be that the club withheld some valuable information while making the proposal which thus hindered the ability of the player to made reasonable choices. This does not, however, imply that the contract is not valid because it can be made either orally or in a written form based on the requirements of the agreement. However, it is somewhat accurate that the contract sought to undermine the legal provisions of the league which resulted in Sandra being unable to participate for the rest of the season.

With respect to Sandra’s situation, as illustrated by the above analysis, it is evident that she can enforce her EU law rights following the European contract law. In that following the legislation, all the necessities of creating a contract have all been followed, but it is unfortunate that she has lost her payment and participation. Based on their agreement she would receive payment for each played match which then implies that for the specific season she will not be receiving any. Given that the club was aware of the illegality of the conduct then the law demonstrates that it should take responsibility without affecting the player. In this case, the player should seek to acquire an adequate compensation from the club for the damage caused since that is not what she had agreed to get in the past. In this case, it is rather clear that the club has not fulfilled part of their responsibilities while she was focused on ensuring that all the needs are met. This means that in the existence of an enforceable contract each party should play its part in meeting part of their deal regardless of the pending issue. The player has the right to claim compensation since the actions of the club caused her damage. However, since there is no form of agreement on such an incident in their contract a negotiation process ought to be pursued to ensure that they reach a mutual agreement without ligation. The process is cost effective and will help in developing a common ground for the involved parties[12].

At first glance it is apparent that Charlotte’s situation is well-suited with the EU law. In this instance, there are certain provisions that create a balance of individual’s rights and their families to move and settle freely in other European nations that are under EU. Charlotte is from Sweden which is a member state of EU and based on this provision she becomes a union citizen. In other words, a citizen of any EU member nation has the freedom of receiving similar freedoms and benefits in a different nation that is within the European Union jurisdiction[13]. The United Kingdom can, therefore, be categorised as the host state but having lived in the country for only four years, she is not yet eligible for permanent citizenship. Based on the case, the Tooting player has applied on his younger brother’s behalf who has learning disabilities a place in a local special needs learning institution. However, the application is refused by the local authority on the ground that children are only eligible for attending school if they can prove that they have resided in the United Kingdom for 6 years. All EU citizens are entitled to similar rights[14]. Since her Bjarne is a family member of a citizen of Sweden which is a member of EU he is also eligible to equal treatment. The child is under 21 years and lives with the player since she is responsible for meeting his personal needs as he is entirely dependent on her. Based on his individual needs it is rather clear that he is not able to take care of his personal needs  that the citizen provide as driven by the severe health issues which makes him permanently related to the citizen. In this context, it is apparent that the child is entitled to an education that meets his special needs as it would have been offered in their birth country which is part of EU. The appeal to Education Support Council (ESC) to solve the issue is one of the most effective alternatives for the party. In that, since the child is dependent on her based on his special needs, the authority needs to review the benefits and rights that she is entitled to which should be transferred to the child.

As ESC is set to deal with the current dispute arising from the unique needs of the child it should refer questions about the refusal of the local authority to grant Bjarne a school place to the Court of Justice of the European Union (CJEU). The player is not a permanent resident of UK, but the child is in need of proper care. The authority should refer the questions that led to the grant refusal by the local authority to the CJEU to ensure that the law was interpreted rightfully and applied in a similar manner as needed within the EU nation. This will help in ensuring that the institutions abide by the given law. In that, there is a necessity to examine whether the rights of the claimants were harmed by the authorities in the process thus ensuring that appropriate measures are taken in accordance with the EU law. For a child with special needs, they are in need of proper care including learning and such benefits should not be denied due to discrimination. This should be the same for Maria who was applying for a university spot but due to the fact that she has not lived in the country for 5 years is exposed to rejection. Following the rights of her parents, she should also retain the same benefits particularly when it comes to education. In this case, CJEU should be used to take any given action if the authorities feel that in a way the rights of the involved persons were violated. This is the best way of solving the involved dispute on the ground that both parties will get to understand the applicability of the law as well as the rights of all the involved persons. The first referral of the legislation would be to interpret the law[15]. Local courts and institutions should work to ensure that EU law is applied properly, but courts in distinct nations are likely to have a somewhat inconsistent interpretation. The interpretation can be useful in offering clarification to both parties on the pressing issue, and the same measures can be utilised in determining whether a local law is well-matched with the provisions of EU law[16]. The process is needed in identifying any pending issues with the Act based on its effects on individuals thus creating substantial grounds for future annulment. By referring the questions of the refusal to the legislation, this is the only means through which clarity and justice can be achieved[17]. In other words, it is not easy to solve any given dispute without referring back to the law[18]. The objective is to ensure that justice has been served by interpreting the law in an appropriate manner.

According to the EU, law citizens have the right to reside freely in any given EU nation. For Luis Charlotte’s husband has been charged with common assault after striking a coach. Besides, he has a past conviction of driving without insurance in England which raises fear of deportation in the case of conviction. With regard to EU law, deportation law originates from article 28 concerning citizens directive of 2004[19]. The provision holds that EU citizens are likely to get deported from a given member nation for reasons related to public security of policy[20]. There are several factors that might lead to deportation such as when the substantial account of different aspect has been examined. In that this will incorporate the period in which one has lived in the state, age, family, health, financial status and ability to interact with others peacefully. Since Luis and his wife are not permanent residents because they have not lived in the country for more than 5 years deportation might be grounded on less severe grounds[21]. However, the reasons must be connected to preserving the fundamental wellness of the society. This, therefore, incorporates guarding public order and countering any repeated criminal activities. The longer one has lived in a particular nation, the harder it becomes for them to get deported in a given state unless one is considered a threat to the stability of the public. However, even with the high levels of individuals protection that are provided by EU, the United Kingdom has developed quite a reputation in the broad interpretation of public policy and security as rationales behind the rising rates of deportation. However, EU notes that this conduct is not encouraged at any given situation and can intervene when needed.

Human rights are highly protected under EU law which notes that every individual is entitled to privacy and just trials[22]. In other words, deportation usually is driven by the provision of EU law and ECHR which generally seek to ensure that the government fulfils its obligation to the citizens[23]. Therefore, for Luis situation, it is evident that he has demonstrated repeated criminal acts that makes him vulnerable to deportation because he might be considered as a threat to the wellness of the public. This shows that the case is aligned with the provisions of the law which means that he is required to provide beyond any doubt that he is able to integrate well with the UK society and he is not a threat to the wellness of the public. Given that his past offense was not related to offending the public even though putting his life and that of others at risk, even after conviction, he is unlikely to be deported since he is well protected under the human rights provisions in accordance with the EU law.

In summing up, based on the above analysis, it is evident that EU law is highly applicable in all the cases. The law is highly used to highlight the actual needs of the individuals as European citizens. The contract made by the parties makes then eligible to equal treatment in their residing countries. However, certain restrictions are dominant since they are not permanent residents in the UK. Thus, the interpretation of the law by the CJEU is needed to ensure that the same provisions are used in all EU countries without fail.

References

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Antoniolli, Luisa, and Anna Veneziano. Principles of European Contract Law and Italian Law. The Hague: Kluwer Law International, 2005. Print.

BBC. Q&A: What benefits can EU migrants get? 2014, (3^rd November). Retrieved from: https://www.bbc.com/news/world-europe-25134521

Beale, Hugh, and Denis Tallon, eds. Contract law. Hart, 2002.

Beetham, David, and Christopher Lord. Legitimacy and the European Union. Routledge, 2014.

Dennison, James, and Andrew Geddes. "Brexit and the perils of ‘Europeanised’migration." Journal of European public policy 25, no. 8 (2018): 1137-1153.

Geddes, Andrew, and Peter Scholten. The politics of migration and immigration in Europe. Sage, 2016.

Granger, Marie-Pierre. "The protection of civil rights and liberties and the transformation of Union citizenship." Sandra Seubert, Marcel Hoogenboom, Trudie Knijn, Sybe de Vries and Frans van Waarden (eds), Moving Beyond Barriers: Prospects for EU Citizenship (2018).

Hodson, Dermot, and John Peterson, eds. Institutions of the European Union. Oxford University Press, 2017.

Kötz, Hein. European Contract Law. , 2017. Print.

Kraakman, Reinier, and Henry Hansmann. "The end of history for corporate law." In Corporate Governance, pp. 49-78. Gower, 2017.Top of Form

Lando, Ole, and Hugh G. Beale, eds. Principles of European contract law: Parts I and II. Kluwer Law International, 2000.

McKendrick, Ewan. Contract law: text, cases, and materials. Oxford University Press (UK), 2014.

Nugent, Neill. The government and politics of the European Union. Palgrave, 2017.

Orrenius, Pia M., and Madeline Zavodny. "Irregular immigration in the European Union." (2016).

Peers, Steve. EU Justice and Home Affairs Law: EU Immigration and Asylum Law. Vol. 1. Oxford University Press, 2016.

Pollack, Mark A. Policy-making in the European Union. Oxford University Press, USA, 2015.

Poole, Jill. Textbook on contract law. Oxford University Press, 2016.

Rutgers, Jacobien, and Pietro Sirena. Rules and Principles in European Contract Law. Cambridge: Intersentia, 2015. Print.

Stone, Richard, and James Devenney. The modern law of contract. Routledge, 2017.

Vogiatzis, Nikos. "A ‘European Year of Citizens’? Looking beyond decision 1093/2012: Eyeing the European elections of 2014." Perspectives on European Politics and Society 15, no. 4 (2014): 571-588.

Yong, Adrienne. When Britain can deport EU citizens – according to the law. 2017 (23rd November) Retrieved from: https://theconversation.com/when-britain-can-deport-eu-citizens-according-to-the-law-86896

[1] Dennison, James, and Andrew Geddes. "Brexit and the perils of ‘Europeanised’migration." (Journal of European public policy 2018 Pp. 1137-1153)

[2] McKendrick, Ewan Contract law: text, cases, and materials (Oxford University Press (UK), 2014)

[3] Beale, Hugh, and Denis Tallon Contract law (Hart, 2002)

[4] Lando, Ole, and Hugh Beale Principles of European contract law: Parts I and II (Kluwer Law International, 2000)

[5] Kraakman, Reinier, and Henry Hansmann. "The end of history for corporate law." In Corporate Governance, pp. 49-78. Gower, 2017.

[6] Rutgers, Jacobien, and Pietro Sirena Rules and Principles in European Contract Law (Cambridge: Intersentia, 2015)

[7] Stone, Richard, and James Devenney. The modern law of contract. (Routledge, 2017)

[8]Antoniolli, Luisa, and Anna Veneziano. Principles of European Contract Law and Italian Law. The Hague: Kluwer Law International, 2005. Print. 

[9] Poole, Jill. Textbook on contract law. (Oxford University Press, 2016)

[10] Kötz, Hein. European Contract Law. (2017)

[11] Peers, Steve. EU Justice and Home Affairs Law: EU Immigration and Asylum Law. Vol. 1. (Oxford University Press, 2016)

[12] Beale, Hugh, and Denis Tallon Contract law (Hart, 2002)

[13] Orrenius, Pia and Madeline Zavodny. "Irregular immigration in the European Union." (2016).

[14] Geddes, Andrew, and Peter Scholten. The politics of migration and immigration in Europe. Sage, 2016.

[15] Nugent, Neill. The government and politics of the European Union. Palgrave, 2017.

[16] Granger, Marie-Pierre. "The protection of civil rights and liberties and the transformation of Union citizenship." Moving Beyond Barriers: Prospects for EU Citizenship (2018).

[17] Hodson, Dermot, and John Peterson, eds. Institutions of the European Union. Oxford University Press, 2017.

[18] Vogiatzis, Nikos. "A ‘European Year of Citizens’? Looking beyond decision 1093/2012: Eyeing the European elections of 2014." Perspectives on European Politics and Society 15, no. 4 (2014): 571-588.

[19] Yong, Adrienne. When Britain can deport EU citizens – according to the law.( 23rd November, 2017)

[20] Pollack, Mark A. Policy-making in the European Union. (Oxford University Press, USA, 2015)

[21] Yong, Adrienne. When Britain can deport EU citizens – according to the law.( 23rd November, 2017)

[22] BBC. Q&A: What benefits can EU migrants get? (3rd November 2014)

[23] Beetham, David, and Christopher Lord. Legitimacy and the European Union. (Routledge, 2014)

Judicial Decision Making/U.S District Court

Stare decisis is a legal principle which states that judges should follow the earlier court decision when dealing with cases that have similar facts.  In other words, the court is supposed to apply a similar principle to all future cases that have similar facts.  Stare decisis contributes to the efficiency of the court system in that, first, the courts examine a case carefully and this means that when dealing with a  similar case, the courts will adhere to the major point of law or rather the judges will use legal reasoning which leads to stability in the law (Gaines & Miller, 2007). Another thing is that the court system becomes effective by following the principle in that there is a hierarchical legal system where the higher courts established the law that all lower courts should follow (Gaines & Miller, 2007).  This hierarchical structure promotes uniformity and more importantly, courts do not overrule but rather they promote equality and efficiency.

 The concept of stare decisis from the ‘stare decisis case'

             Three results from the ‘Findlaw (2019) that have shed light on the concept of stare decisis are ‘TAYLOR V. CHARTER MEDICAL CORPORATION', ‘KILGORE V. BLACK STONE OIL COMPANY' and ‘TILLEY V. TJX COMPANIES INC'.  These cases have helped understand that in most cases, judges are unable to provide justice and in such cases, they use the principle of stare decisis as it allows them to compare a substantive legal doctrine to similar cases.  In the above cases, judges have avoided uncertainty by comparing their opinion against similar cases.  These cases show that stare decisis is a principle of policy and a judicial doctrine where lower courts follow the higher court decision when dealing with cases that have similar fact (Findlaw, 2019). In addition to reducing uncertainty, judges who lack expertise in some cases can use the opinion of other judges since they act like they are practicing a trading experience.  In addressing the cases, judges apply the previous ruling from the higher courts or in other words, all courts follow the Supreme Court ruling since it is the highest court.  The principle of stare decisis becomes obligatory as it comes from the legal hierarchy.

Maureen Massey v. Joanne Mandell- the issue, in this case, is that the trial court opposed the motion to change the venue arguing that the sub (1) (a) and (b) does not apply.  The trial court's ruling adheres to the principle of statutory construction and argues that the court should apply the stature in dealing with a particular case (Findlaw, 2019).  After reviewing this case, one important point is that the Supreme Court has provided interpreting statute for each case to avoid overruling.  The trial court interprets the statute following the Supreme Court rule and avoids overruling the statutory precedent.

National Federation of Independent Business v. Sebelius- In this case, Congress followed the public interest and provided them with health insurance by passing the Patient Protection and Affordable Care Act.  However, Florida and other States raised issues and argued that the passing of ACA was unconstitutional because the Congress adopted the individual mandate using the Commerce Clause powers and the ACA was unconstitutional (Constitutional Accountability Center, 2019). In addressing the matter, the court affirmed that the Anti-Injunction Act does not prohibit the individual mandate since the mandate was not a tax but rather it was a penalty.  In my own opinion, the court's ruling made the most federalism decisions under the Commerce Clause. It concluded that the ACA's requirement was unconstitutionally coercive. Through the doctrine of stare decisis, the court employed the Congress' taxing power and used the existing law on Medicaid expansion.

Several States challenged the constitutionality of the Medicaid expansion but the Court of Appeals confirmed that the Medicaid expansion was valid or rather it was constitutional.  The Court's rationale for upholding the mandate was that the Anti-Injunction Act does not allow the federal courts to file a lawsuit against the collection of tax (Constitutional Accountability Center, 2019). Secondly, Congress applied the Commerce Clause powers to enact the law for regulating tax.  Note that the arguments toward ACA's Medicaid expansion were based on the balance of power but the Supreme Court affirmed that the Congress has the power to expand Medicaid.

            According to the Erie doctrine, the federal courts should apply a substantive law in dealing with cases. The Erie Doctrine is important in that it provides a constitutional principle that governs both the federal courts and state law. This means that even though most of the State law cases are governed by the federal law, the State law has the authority to decide the law that the federal level should apply in addressing cases (Schubert, 2013).  The Erie doctrine is important as it allows the court to apply both federal law and state substantive law and a result, the court avoids inequitable administration of promotes equality and justice in diversity jurisdiction cases. Today, the Erie Doctrine play a significant role in judicial federalism. This means that in diversity cases, the federal court will apply the state law and the doctrine will ensure that the courts avoid the use of favorable law (Schubert, 2013). Today, the federal court should adhere to the State’s decision regarding the law to apply when handling diversity cases.

 In Maureen Massey v. Joanne Mandell case, several aspects of the case may reside in separate jurisdictions. In this case, there should be no a concurrent jurisdiction but rather the case should be handled in the State court since the case has to do with personal matters (Findlaw, 2019). The court's inherent authority does not determine a venue but according to my opinion, it is important to follow the States procedural rules and in this case, the State is the place where the injury occurred.  The case should be handled in Lapeer County since the original injury occurred at this place.

References

 Findlaw. (2019). “Doctrine of stare decisis”. Thomson Reuters. Retrieved from:  https://lawcrawler.findlaw.com/LCsearch.html#?cludoquery=doctrine%20of%20stare%20decisis&cludopage=12&cludorefpt=FindLaw%20for%20Legal%20Professionals%20%7C%20Law%20%26%20Legal%20Information&cludorefurl=https%3A%2F%2Flp.findlaw.com%2F

 Constitutional Accountability Center. (2019). National Federation of Independent Business v. Sebelius.  Retrieved from: https://www.theusconstitution.org/litigation/florida-v-h-h-s/

  Findlaw. (2019). MASSEY V. The Children’s Center, Lisa Dilg, Tim Hawley And Carrie Dornan, Defendants.  Thomson Reuters. Retrieved from: https://caselaw.findlaw.com/mi-supreme-court/1053835.html

Schubert, F. U. E. (2013). Introduction to law and the legal system. Cengage Learning,

Gaines, L. K., & Miller, R. L. R. (2007). Criminal justice in action. Belmont, CA: Thomson

Wadsworth.

Gaines, L. K., & Miller, R. L. R. (2007). Criminal justice in action. Belmont, CA: Thomson Wadsworth.

Genre 1, Petition

Petition for introduction of customized mobile phones

While walking around the campus the other day, I couldn’t help but notice that every student holds a mobile phone in their hands. Technology has really changed the way that the world functions, today every individual owns a mobile phone because this is the mode of communication and more importantly the mode of socializing (McGovern et al., p. 89). Students can now easily acquire learning materials and also interact with their tutors with the help of their phones. Having a customized mobile phone for every member of the Kansas University community will greatly help improve the learning experience in the school.

I recently did a survey within the campus to understand what the students and some of the staff members thought of the idea of having customized phones. Out of the twenty participants that I selected, eighteen of them embraced the idea and illustrated that it would be a very great implementation and it would greatly help improve the learning experience for the students. Smartphones are already trending in schools; almost every student has a smartphone that they use to help with the studies (“Living and Learning with Mobile Devices.” P. 51). Introduction of customized mobile phones will not be a new element; it will just be an advancement of a technology that is already in use.

            Imagine the advantages that would come with having the mobile phones customized and every student receiving a school mobile phone when they are joining the campus. As is widely known one of the greatest problems that new students have when they join the campus is trying to find their way around, this will be solved by having these customized mobile phones. The mobile phone will have a map of the school which will help students to get to any part of the school without much hustle which will ensure that students get to classes in good time. The professors in various departments will have their own customized mobile phones which mean that communication between the instructors and the students will have been eased. Having the customized mobile phones means that the professors will have the records of the every student that enrolled in the class in the beginning of the semester and he or she can monitor class attendance of these students through their devices. 

This will greatly help improve class attendance which is currently a great issue within higher educational institution; improved class attendance is one direction to better academic performance by the students (Groce et al., 2012).  The course instructors through the use of these customized mobile phones have the chance to send the students’ course material directly to their mobile phone devices with the concepts clearly explained and the students can get to go through the materials before they go to class the next day.

Having customized mobile phones for students in campus is not something that has been implemented before but that does not mean that it cannot work. Every invention has its roots, we can be the first university to try out this and set the pace for other institutions. You can help push this debate forward. Signing this petition will help push the debate for introduction of customized mobile phones in Kansas University. This signature will greatly help to sway the policy makers within Kansas University to consider the option of customized mobile phones. Thank you for your time and consideration.

Make use of the space below to input your signature.

Genre 2, an open letter to Kansas University from members of its community

1450 Jayhawk Blvd,

Lawrence KS,

66045.

To the Administration of Kansas University,

The University of Kansas is a great institution that has constantly been growing larger with the increased demand for education. The concept of technology has greatly been embraced within the university and this can be attested by the fact that almost every student within the campus owns a mobile phone.

As members of the academic community of Kansas University, we believe that it is our moral responsibility to come up with ideas that can help improve learning experience within the school. It is for this reason that we have come up with the concept of customized mobile phones for every member of this community which will help improve the learning experience.

Customized mobile phones will reduce the issue of class attendance because it will be easier for students to locate their classes through the use of the customized school map. The professors will also have the opportunity to follow up on the class attendance of their students through the use of the coded mobile phones that will help to know the students that are in class and those that are not. This new technology will greatly help for students to easily interact with one another even when they are outside the school premises and this will help reduce cases of prejudice within the institution.

Despite the fact that customized mobile phone use is a concept that has not been tried elsewhere, this is something that can be greatly successful if given a chance. It is time that the University of Kansas diversifies its technology knowledge by initializing the new customized mobile concept that will give the students and the teaching staff better chances of interactions hence better learning outcomes.

We request that Kansas University considers this new concept of customized mobile phones for all members of KU community. We ask that the university directs its investments in this new technology to help change the concept of mobile phone use within higher educational institutions.

Yours faithfully,

Delvan Tyron,

A Student of Kansas University

Reflection

Having a mobile phone is no longer enough; get a customized mobile phone when you are at the University of Kansas. Technology has become the basis of everything the society does today. Technology has complexly taken over our lives as human beings which are for the better, though there are those who will argue otherwise. One of the greatest devices that have ever been created with the invention of technology is the mobile phone. A small gadget that has completely changed the life of the society and now people cannot survive without a mobile phone. An individual without a mobile phone is viewed to be a person who is out-dated without any knowledge of the happenings in the world. It is this fact that made me select a topic that relates to mobile phones because they are part of people’s every day endeavours.

As a student I understand how difficult it gets especially when you join a new school having no friends. The first thing that happens is that one is confused because they do not know their way around the institution and it is not always easy to ask around for directions every single time that one gets stuck in the hallways. This often leads one to miss important classes and it in the overall affects one’s academic performance. Interacting is not always for everyone either, there are people who are quick to make friends while there are others who take some time before they are able to make connections with the rest of the society. The mobile phone has changed all this making it easy for people to connect easily through the use of their phones without even having to personally meet or be at the same place with someone in order to interact and become friends.

I chose customized mobile phone topic because I understand the effects that it would bring to the school community. Having a phone that bears the name of your university with everything customized right from your name, admission number, class timetable, school map and even academic progress would greatly motivate better learning practices within an institution. This topic is perfect because it affects not only the students but also other members of staff who can get to control their work schedules right from their mobile phones. The customized mobile phone is something that can help other members of staff to understand their job roles as well as their performance rating which can motivate them to work harder to enhance education within the institution.

The intended audience for this project was the university of Kansas administration and the other members of Kansas community including the students and the staff members. Two genres were selected to suit both the audiences and they included a petition and a public letter to the administration which would help pass across the intended message to both the audiences. Students love to be part of events that affect their lives positively and this is why I chose to use a petition to inform students about this innovation and seek their help in pressing for its considerations through their signatures. A petition in this case is effective because it will help the students to feel that they are part of the project and they will pass on the information from one student to another which will help to get many signatures that will push the administration to try out this technology in the school.

A public letter was effective in this case because it would help explain to the administration the problems that the community of Kansas University faces in their day to day lives at the school. the letter will also help to explain how the implementation of the customized mobile phones would help deal with some of these issue in order to help improve the quality of learning experience within the institution. The open letter is effective because it does not limit the message on customized mobile phones to the administration; every person that is a member of Kansas University community can read the letter and understand why the implementation is important.

Introduction of customized mobile phones in Kansas University is a great idea that is both original and innovative with the fact that this is something that has not been tried out in any other institution. Its advantages are well explained and just like any invention, there are always some weaknesses to the idea which in this case is the fact that it is an invention that has not been tried elsewhere meaning that it may take some time before it becomes completely absorbed into the system. In the overall the idea of introducing customized mobile phones in Kansas University is very innovative and the genres selected to introduce the idea are very well thought out and effective.

Works cited

“Living and Learning with Mobile Devices.” Education Digest, vol. 79, no. 6, Feb. 2014, pp.

51–54. EBSCOhost, search.ebscohost.com/login.aspx?direct=true&db=tfh&AN=94360003&site=ehost-live.

Groce, C., Willis, T., Sonner, B. S., & James, W. L. (2012). Mandatory Class Attendance

Policies: Examining the Student Perspective. Proceedings of the Northeast Business & Economics Association, 129–133. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&db=bth&AN=121051503&site=ehost-live

McGovern, Enda F., et al. “Utilizing Mobile Devices to Enrich the Learning Style of

Students.” Journal of Education for Business, vol. 92, no. 2, Feb. 2017, pp. 89–95. EBSCOhost, search.ebscohost.com/login.aspx?direct=true&db=tfh&AN=121404824&site=ehost-live.