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Aquaman is president of a marine research company called "Underwater Leagues, Inc." On April 1, the research director of Underwater Leagues tells Aquaman that they've come up with "Oxygum," a means of breathing underwater by chewing a special kind of gum. Aquaman knows a great product when he hears it.


He delays announcing the invention to the public so that he can buy all the stock he can get his hands on. He buys 50,000 shares of Underwater Leagues, at $10 a share. After the announcement, the share price skyrockets to $50 per share. 

a) If the shareholders bring a derivative action against Aquaman, what federal law should they accuse Aquaman of having violated (i.e., which federal statute)? 

b) Did Aquaman actually violate that statute? Explain. 

c) If Aquaman were found to have violated that statute, what remedy would the shareholders be able to seek (i.e., how much money would Aquaman be liable for)? 

For this assignment, please use federal case and statutory law since the issues are SEC (federal) issues.

An IRAC-style essay IS appropriate for this assignment for part (b). Part (a) can be answered in one phrase, while part (c) may take up to a few sentences and a case or statutory citation.

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Describe the roles and interactions that you interpret as being necessary to address the inherent conflict of having free and open trade while maintaining an acceptable level of security. 

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Describe the key roles and responsibilities of the federal government, the state and local governments and private industry.  

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It is Time to Repair the Constitution's Flaws". The format for the written essay consists of three main parts: introduction, analysis, and conclusion

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GatorSave Fights Drover Corporation in the Everglades: Compliance with State Environmental Regulations 

Writing Assignment 

The Tucciarone Law passed by an overwhelming majority in the Florida legislature. It will go into effect on January 1, 2016. You are a first year associate at the law firm Shewer & Smith, LLP, which represents Drover Corporation. The managing partner has asked you to prepare a memorandum for Drover Corporation outlining whether and how the Tucciarone Law affects the Drover Corporation and what changes the law might require in the way Drover carries out its manufacturing business. 

In your memorandum, please address the following questions:

(1)    May Drover continue its current manufacturing process? May Drover continue disposing of its heavy-metal waste in the same manner it has been doing?  Explain your answer.
  
(2)    What effect, if any, does the Tucciarone Law have on Drover’s contractual relationship with Florida Waste Land, Inc.?  Explain your answer.



Instructions for Writing Assignments

1.    Each writing assignment must be between 250 and 400 words, or between one and two pages.  
2.    Assignments must be double-spaced, using Times New Roman and a 12-point font. 

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GatorSave Fights Drover Incorporated in the Everglades 

BACKGROUND INFORMATION

1.    Drover Corporation (“Drover”) is a U.S. business incorporated in the state of Delaware. Its principal place of business is in Miami, Florida.  Although Drover had multiple options for its headquarters around the USA, it settled on Miami when Dade County (where Miami is located) offered Drover real estate tax incentives to build its corporate headquarters in Miami.  Drover is engaged in manufacturing heavy-duty diesel engines for trucks.  Drover employs 250 people at its Miami headquarters and an additional 3,000 people in four manufacturing facilities, built throughout Florida between 2001 and 2010.  Two of the manufacturing facilities are located near the Florida Everglades.  

2.    The process of manufacturing diesel engines results in heavy metal waste.  Drover currently spends $55 million per year to dispose of the heavy metal waste in compliance with all federal and state heavy-metal waste disposal regulations, which include placing the waste in special barrels and disposing of it in specially designed waste sites.  In 2011, Drover signed a five-year contract with Florida Waste Land Incorporated (“FWL, Inc.).  Under this contract, FWL, Inc. transports the waste barrels from Drover manufacturing facilities for storage at its waste sites throughout Florida. 

3.    Since Drover signed the contract with FWL, Inc., newer, cleaner manufacturing technology for the production of diesel engines with little to no heavy metal byproducts has become available.  Drover has deferred upgrading to this technology because it will cost over $250 million to retrofit its facilities. 

4.    The Everglades are tropic wetlands in Florida and home to a great diversity of flora and fauna.  Last year, the Miami Herald (“Herald”) newspaper ran an in-depth investigative story about how alligators were dying in the Everglades in unprecedented numbers.  The investigative report quoted a zoologist as saying, “The scientific community is shocked that no one knows what is causing these alligator deaths.”  The Herald also quoted a geologist who said that she detected “alarmingly high” levels of heavy metal waste in the water of the Everglades over the past decade.  

5.    After this news broke, GatorSave, a Florida based NGO, began expending considerable efforts to clean up the Everglades and save the alligators. Although they were originally met with resistance, GatorSave continued lobbying the Florida legislature.  A bill that would have tightened environmental regulations around the Everglades narrowly failed.  A legislator with a strong background in environmental safety said shortly after the bill’s defeat, “The big businesses in the area have too much influence on the decisions we make for the people of Florida.  For instance, Drover Incorporated sent a lobbyist to every legislator in Florida, trying to convince us why regulations would be bad for business and that regulations would drive Drover Incorporated outside of Florida.”  

6.    GatorSave continued fighting.  Although GatorSave knew it could never convince the Florida legislature to ban manufacturing that produces heavy metals, it fought to regulate heavy metal waste as much as possible. As a result, the Florida Legislature is set to introduce Bill 49-103, titled the Tucciarone Law.  The stated purpose of the Tucciarone Law is “to limit pollution of the ground and waterways of Florida in order to preserve our natural heritage.”  

ATTACHMENTS:    
    (A) Florida waste disposal statute; 
    (B) Federal Clean Water Act; 
    (C) Excerpt from the proposed Tucciarone Law.  
 


ATTACHMENT A: Florida Waste Disposal Statute

§ 403.062. Pollution control; underground, surface, and coastal waters
The department of environmental protection and its agents shall have general control and supervision over underground water, lakes, rivers, streams, canals, ditches, and coastal waters under the jurisdiction of the state insofar as their pollution may affect the public health or impair the interest of the public or persons lawfully using them.  



 
Transnational Legal Practice I
Fall 2015
Role Play |  September 10, 2015


ATTACHMENT B: Federal Clean Water Act 

33 U.S.C. § 1251

§ 1251. Congressional declaration of goals and policy

(b) Congressional recognition, preservation, and protection of primary responsibilities and rights of States.  It is the policy of the Congress to recognize, preserve, and protect the primary responsibilities and rights of States to prevent, reduce, and eliminate pollution, to plan the development and use (including restoration, preservation, and enhancement) of land and water resources, and to consult with the Administrator in the exercise of his authority under this Act . . . .  It is further the policy of the Congress to support and aid research relating to the prevention, reduction, and elimination of pollution, and to provide Federal technical services and financial aid to State and interstate agencies and municipalities in connection with the prevention, reduction, and elimination of pollution.  

Code of Federal Regulations: Provision Regarding Disposal of Heavy Metals

40 CFR §261.30  

Provision Regarding Disposal of Heavy Metal Waste

Heavy metal waste (as defined in Appendix A to this section)* shall be disposed of in a manner and method that complies with the standards listed in the EPA Guide to Disposing of Hazardous Waste (outlining the specific requirements for handling, disposing, and storing hazardous waste). 

*The list in Appendix A includes the heavy-metal byproducts produced by Drover’s manufacturing process. 
Transnational Legal Practice I
Fall 2015
Role Play |  September 10, 2015


ATTACHMENT C: Excerpt from the proposed Tucciarone Law

§809.148 . Compliance with Federal Law

All heavy metal waste, classified as hazardous waste in 40 CFR §261.30, Appendix A, must be contained and transported in a manner consistent with EPA regulations, specifically EPA Guide to Disposing of Hazardous Waste (outlining the strict requirements for handling, disposing, and storing hazardous waste).

§ 809.149. Disposal Outside of Florida

No barrels containing heavy metal waste classified as a hazardous waste in 40 CFR §261.30 may be disposed of or permanently stored in the state of Florida.  

§ 809.150. Effective Date of this Law; Safe Harbor Provision 

Any barrels already disposed of or in storage in the state of Florida, complying with EPA regulations prior to the enactment of the Tucciarone Law, may remain where they are and are not subject to the Tucciarone Law.  Any new barrels containing heavy metal waste, contained after the enactment of the Tucciarone Law, shall comply with §809.148 and §809.149, and shall not be disposed of or stored in the state of Florida.  

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Does US immigration policy hinder effective border management? What can realistically be done with all the illegal immigrants?

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One issue I spend some time on in my other job as a lobbyist is ex-offender housing.

Employers are nervous about hiring people with criminal records. Recidivism statistics show those with felony convictions as much more likely to commit crimes than those without felony convictions. Housing providers feel the same way for the same reason. Besides just scaring people, employers and housing providers are worried about the liability. If you hire or rent an apartment to a person with a document history of killing or raping or robbing people, and they then do something bad to one of your other tenants or employees, who do you think is going to get sued? Here's a hint: It's not going to be the criminal.

Still, there are nearly a million people in Texas with felony criminal records if you count those behind bars, those on probation or parole, and those "off paper" who have completed their sentences. They all need jobs, and they all have to live somewhere.

How do you tackle this public policy problem?

Bills filed by Houston legislators this year included H.B. 476 and H.B. 1510.

Write an essay on these two bills. Identify the bill number and author for each. Explain what each bill was designed to do, who favored and opposed them, what ultimately happened to each one, and how you would vote on each if you were a member of the legislature.

Submit in Word. Cite your sources.

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Paper instructions:

1)    Assignment should be a minimum of two pages of full text.

2)    Assignment must be double-spaced and be in 12-point Times New Roman font.

3)    No spaces should be used in addition to the double-spacing.



Questions

1)    Discuss Labeling Theory—its principles, foundation, and theorists.

2)    Explain the concepts of primary and secondary deviance.

3)    If secondary deviance occurs, how does this affect how society should punish people who break the law?

4)    How do conflict theories differ from consensus theories?

A Primer on Crime and Delinquency Theory Bohm and Vogel 2011

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Paper instructions:

In four to eight double-spaced typed pages (APA format-cover sheet and reference page do not count towards page total) research the topic fully. Wikipedia is not an empirical reference source and points will be deducted if students cite it. 
Research and write a paper (in APA format) on one of the following topics:

•    The recent reopening of relations with Cuba reminded me that Cuba has granted political asylum to Joanne Chesimard (Assata Shakur) since she escaped from prison and fled to Cuba in 1984. Research the life of this convicted terrorist and cop killer. Explain whether you feel President Obama should demand Cuba return her to the United States to face punishment for her crimes before he proceeds with efforts to improve diplomatic relations with that country.

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Paper instructions:

In four to eight double-spaced typed pages (APA format-cover sheet and reference page do not count towards page total) research the topic fully. Wikipedia is not an empirical reference source and points will be deducted if students cite it. The paper is worth up to 25% towards your final grade and must be uploaded to SafeAssign no later than 6:00pm on Thursday December 3, 2015. Late papers and hard copies will not be accepted.

Research and write a paper (in APA format) on one of the following topics:

•    The recent reopening of relations with Cuba reminded me that Cuba has granted political asylum to Joanne Chesimard (Assata Shakur) since she escaped from prison and fled to Cuba in 1984. Research the life of this convicted terrorist and cop killer. Explain whether you feel President Obama should demand Cuba return her to the United States to face punishment for her crimes before he proceeds with efforts to improve diplomatic relations with that country.



                                                          Abstract


We will get to know the life and the struggles of an infamous convicted killer name Assata Obubala Shakur.  Along with this, I will be introducing the relevance of extradition, as well as defining this term according to the U.S. legislation states about Extradition Treaties Interpretation Act. With an in depth look into how it coincides with the Cuba and U.S. diplomatic relations agreement. The U S. government reached an agreement with Cuba to establish full diplomatic relations. This will place embassies in each other’s capital, one located in Havana, Cuba and the other in Washington D.C. With a half century of aversion existing, this can be a monumental time in the presidency of Barack Obama’s term. With President Obama attempting to improve and make changes to develop a diplomatic relationship with Cuba that will ultimately make history as success or failure. Also if President Obama should or will demand a return to the U.S. for her past criminal activities.

Keywords: Extradition, Extradition Treaties Interpretation Act of 1998, Full Diplomatic Relations, Assata Shakur, Aversion, Convicted Killer

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Do you believe that marriage is a right that should be guaranteed to same sex couples under the Fourteenth Amendment to the United States Constitution? Discuss the arguments of both the majority (Justice Kennedy) and the dissent (Justice Roberts) in the Supreme Court decision of Obergefell v. Hodges, 576 U.S ___(2015). Back up your argument with specific references from the decision, using proper legal citation form. (this requires you read the actual entire full majority opinion  and the dissenting opinion of of Obergefell v. Hodges, 576 U.S ___(2015 )

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Prompt 

We  (the firm of Alter & Piper) represent Gloria Watson in the current litigation. We just read Spidey Web's brief, and the legal team at Alter & Piper LLP, now representing Gloria has broken out the reply brief. Your group has been asked to:

•re-read pages 20-35 (Argument, Part II) of Spidey Web's brief  (in Course Materials) very carefully and
•

• write a short MEMORANDUM focused on our client's best arguments for one question:whether Gloria's transfer was similar to a constructive demotion.





Your boss saw the argument that Spidey Web made and has asked you whether we have any argument that the transfer was similar to a constructive demotion. He asked that you use the Sharp v. City of Houston case cited in the Table of Authorities in the brief (under Course Materials) to find the Rule for constructive demotion.


Guidelines



•Write a short IRAC answer on the issue of whether Gloria's transfer was similar to a constructive demotion.  Do not discuss other unrelated issues. 
• 
•Include a summary of facts section at the beginning of your brief. Remember to structure the facts to tell your client's story, while remaining absolutely truthful.You should spend one or two paragraphs maximum on the statement of the facts, and write them differently than Spidey Web wrote them. Battle for your client and try to make her sound like the side with the better story.
• 
•You must use the rule from the Sharp v. City of Houston case in your argument. You can find the  full name and citation for that case in the Table of Authorities of Spidey Web's brief. That brief is titled Nassau 2015 Brief Original FINAL in the "Course Materials" section of this TWEN site. 
• 
•Other cases besides Sharp: You may use other cases that you think can help your client. However, you can receive a top score if you just use Sharp, so do not feel obligated to use additional cases.
• 
•Format: Write an inter-office memorandum to Managing Partner Joshua Alter (heading), and spend one paragraph introducing the memo (e.g., This memo addresses research on issue X. Briefly, the best argument is ABC.).
•

•Length: Anywhere from 2-4 pages, depending on how much analysis you would like to give.



Characteristics of a successful IRAC: 



•This is your opportunity to demonstrate how far you have advanced this semester. You should use your knowledge from IRAC #1 and #2 and the information from the counterarguments lecture and other lectures on effective legal writing.
• 
•Include a counterargument: You should respond to Spidey Web's main legal argument. You will receive points based on how well you respond to the counterargument.
• 
•Focus on the sole issue you were assigned.  
• 
•Show your organization: Stick to FIRAC. Use good headings for different sections of your paper. Use clear transitions between ideas. 
•

•Compare our case to favorable cases. Distinguish our case from unfavorable authority in your counterargument.  
•

•Show your analysis! Don't just write facts and conclusions. Write reasons for our client's argument under the law.