Of the three “federal tort” statutes that you learned about in this Module, which do you think is the most valuable or important addition to the law of torts? Which of the “federal tort” statutes do you think should be improved (and in what way)?
Category: Law
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Title: Tort Reform Proposal for Car Accidents: Analysis and Impact on a University
Imagine the legislature is considering adopting a tort-reform proposal for car accidents. The main features of the proposal are as follows:
The plan covers all drivers and passengers of automobiles who are injured in car accidents in the state.
All such victims will be able to recover
their full medical bills,
70% of their lost wages or $52,000/year, whichever is less, for a period not to exceed two years, and
pain and suffering damages, but only for loss of a limb or permanent and serious disfigurement, and only then in an amount up to $50,000.
Respondeat superior is abolished for all car accidents.
Punitive damages are abolished for all car accidents.
The plan is comprehensive and eliminates all tort duties toward victims to whom the proposal applies.
The plan is funded through a new gasoline tax and takes priority over both private health insurance and existing automobile insurance.
Please answer the following questions in a document that you upload.
Consider the following simple fact pattern: John is a truck-driver for a large trucking company, and he falls asleep at the wheel after a long shift and runs his truck into another car. He suffers minor lacerations and is off from work for a week, losing $800 in wages. Sarah, the driver of the other car, has a concussion and misses work for six months, losing $25,000 in wages. She also now has a serious ringing in her ears that does not seem to have gone away, even years after the accident.
Describe: (A) as specifically as you can, how modern general tort law would address this situation and (B) what specific differences there would be under the proposal. Please be as thorough as you can in this analysis.
Imagine you are assisting the general counsel of a large university. Give your assessment of the impact of this proposal on the university.
Overall, do you think this is a good proposal? Why or why not? What would you change, in view of the particular doctrines of tort law that you’ve studied in this course? What more would you need to know about the plan to give a full assessment? -
Title: Safeguarding Personnel Files: Cybersecurity Measures for Protecting Sensitive Employee Information
Background
Vandelay Industries has made the unfortunate decision to terminate employee George Costanza for cause after its employee monitoring, and an internal investigation revealed reasons to believe that he had been faking a disability. Through our hiring, employment, and termination, Vandelay Industries has collected information about Mr. Costanza including:
His application;
The hiring team’s interview notes;
The company’s conditional offer;
His medical screening;
Results from a background check;
Monitoring data including: (a) internet browsing history, (b) emails, (c) phone logs and recordings, and (d) cell phone location history;
The company’s internal investigation reports; and
His disciplinary and termination records.
Instructions
Please prepare a detailed PowerPoint not to exceed 25 slides training the executive team on the cybersecurity measures taken to secure personnel files. At a minimum, please include the following slides:
Introduction
Access to Personnel Files
Security Measures
Handling and Storage of Personnel Files
Response to Security Incidents
Conclusion
The presentation is not intended to and should not address the Costanza situation directly.
Please utilize the slide notes function in PowerPoint to add speaker notes to each slides. These notes should be used to explain or expand on the slide content as if you were actually presenting the PowerPoint to the CEO and should also note resources relied on for the content of each slide.
Resources
The National Institute of Standards and Technology (NIST) is a federal agency that provides guidance on cybersecurity and information security. The NIST’s websiteLinks to an external site. contains publications concerning protecting sensitive information, including personnel files, such as Special Publication 800-122
Actions
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The Cybersecurity and Infrastructure Security Agency (CISA) is a federal agency that provides guidance and assistance on cybersecurity and critical infrastructure protection. CISA‘s websiteLinks to an external site. has a number of articles on protecting sensitive information, including guides for small businessesLinks to an external site..
The International Association of Privacy Professionals (IAPP) is a professional organization for privacy and data protection professionals. The IAPP’s website offers a variety of resourcesLinks to an external site. on protecting sensitive information.
The Privacy Rights Clearinghouse is a non-profit organization that provides information and assistance on privacy and data protection issues. The PRC’s website offers a multitude of resourcesLinks to an external site. on these topics.
The Employment Law Handbook (ELH) is a private company with a mission to assist employers, including small businesses, and employees find answers to questions concerning employment law, including Title VII, the ADA and other anti-discrimination laws. The ELH’s website offers articles, guides, and other resourcesLinks to an external site. for employers looking to comply with these laws.
Tips
While your PowerPoint will primarily be graded on the accuracy, clarity and depth of the content, here are tips for preparing your presentation:
Choose a single background for the entire presentation.
Use simple, clean fonts.
Write in bulleted format and use consistent phrase structure in lists.
Use direct, concise language. Keep text to a minimum on the slides.
Provide definitions when necessary.
Use white space to set off text and/or visual components.
Make sure each slide logically leads to the next.
Use a heading for each slide. -
Title: The Controversy Surrounding the Use of Social Media in Education The use of social media in education has been a topic of interest and debate in recent years. While some argue that it has the potential to enhance learning and engagement,
Identify a topic of interest from the Week 1 Assigned Reading
Use ProQuest or LexisNexis (no other sites are to be accessed) to research that topic
Look for sources that
Contradict the textbook’s information on that topic
Expand the textbook’s information on that topic
Select one source that meets the scholarly source, primary authority, or secondary source criteria
Do not restate, summarize, outline, or paraphrase the textbook
Begin your post with the topic you chose (no more than one sentence)
Draft an original 150-word to 250-word summary of your source
The post must be conversational, not a sermon or lecture
Provide a properly formatted citation that meets APA or Bluebook criteria -
Title: “The Potential Benefits and Risks of Including Arbitration Clauses in Acme’s Contracts”
Fact Pattern
Consider again Acme, Inc, the company discussed in the first two modules. As noted in the two modules above, the company faces fairly frequent litigation of several different types. These include, as noted, disputes by suppliers and disputes involving delivery of products to customers. In addition, Acme has occasionally been sued by its employees, for complaints including breach of the employment contract.
As a way to lessen the risks posed by these forms of litigation, Acme is considering putting arbitration clauses in its contracts with suppliers, customers, and employees.
Acme is very interested in the potential that these clauses might have to reduce costs and improve litigation outcomes for Acme.
Questions
Your boss has asked you to prepare another very brief, two page (double-spaced) memo addressing the following:
How arbitration differs from litigation
What advantages arbitration might provide over the courts for Acme
What kinds of risks (if any) the use of arbitration clauses might pose for Acme.
Whether you would recommend the inclusion of arbitration clauses by Acme in some or all of the contracts it has with suppliers, customers, and employees. -
Title: The Legal Bases and Eligibility Issues in the Court of Arbitration for Sport’s Decision on Oscar Pistorius and Caster Semenya
You should write your answers directly on the attached document below. All of your resources should be cited using APA Style (6th Ed). You should include a reference list at the end of your exam. You are permitted to cite course material but be advised that you will lose points if this is your only form of evidence. You are encouraged to explore the academic research, reports, as well as media reporting on mega events.
Please read and use the Crincoli article (Oscar Pistorius and Caster Semenya) to add credibility to your answers.
· Describe in detail the legal bases of the Court of Arbitration for Sport’s (CAS) decision regarding Oscar Pistorius. Support your answers with evidence.
· Using the article as a resource, describe the eligibility issues that were deliberated by the Court of Arbitration of Sport (CAS). Support your answers with evidence.
· Identify and explain the use of Lex Sportiva in balancing the rights of competing athletes, fair competition, and equal opportunity for athletes competing under the rules and regulations of the Olympics in the cases of both Oscar Pistorius Caster Semenya. Support your answers with evidence. -
“Uncovering the Roots of Injustice: How My Experiences Have Prepared Me to Tackle Bias, Cross-Cultural Competency, and Racism at BU Law”
Boston U:
Please tell us how your
education, training, or lived experience has deepened your knowledge about?
bias, cross-cultural competency, and racism. and/or prepared you to explore
these topics at BU Law. -
Title: Contract for Purchase of Organic Blueberries between Stacy T. and Woody M.
Please read the Scenario and complete the Assignment Elements:
Your friend, Stacy T., a mother of two grade schoolers, has decided to take the next step and open a bakery business. People have been praising her gluten-free organic blueberry muffins for years, and Stacy has been researching how to set up a mail order muffin business on the internet. In a nearby industrial park, Stacy has rented a small commercial kitchen that was set up from scratch by another aspiring baker/entrepreneur who decided to call it quits.
Stacy lives in a region known for the special taste and quality of locally grown blueberries, which is one of the reasons her blueberry muffins are so renowned among friends and acquaintances. Stacy buys her organic blueberries by the quart from a local grower, Woody M., who inherited his blueberry producing acreage from an uncle.
Now that Stacy has decided to pursue her mail-order gluten-free organic blueberry muffin business for real, she appreciates that she needs to secure her supply of the organic blueberries that make her product so special.
Assignment Elements:
Write a 2-page contract (excluding title and references pages), specifying an agreement between Stacy and Woody regarding the purchase of blueberries. Note that Stacy does not want to be a business partner with Woody and does not want to hire Woody. She only wants to purchase the blueberries he grows.
Include the main elements of a simple contract specified in the background readings. Do not copy a template contract from the internet or elsewhere. Keeping it simple and in your own words is better for the purposes of this assignment.
In addition to the short contract, include a few paragraphs at the end explaining which background readings you consulted for your contract and how you used these readings to decide what to include in your contract. -
“The Complexities of Urban Life: A Critique of Kate Ascher’s ‘The Works: Anatomy of a City’”
Need a double spaced 4 page paper on The Works. Anatomy of a City written by Ascher, Kate. Please refer to the attachment for more in depth detail on the subject. Only responsible for where it’s labeled Ascher.
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“Addressing Critical Issues in Law Enforcement: An Analysis of Training and Use-of-Force Technology” Title: Understanding the Difference between Academic and Popular Works
CRITICAL ISSUES ANALYSIS RESEARCH PAPER -DUE THURSDAY, 05/04/24, BY 11:59 PM, MST – 175 points
This final research paper is due, submitted in the paper’s module, no later than Thursday, May 4th [05/04/24], by 11:59 PM MST: The written assignment for this course, worth 175 points, is an analysis of a critical policing issue facing law enforcement today. You have two topic areas to choose from:
> The first topic/area you can choose will deal with law enforcement training academy curricula and all law enforcement training nationwide.
Specifically, the student will address the following question: Should all law enforcement training around the country, in all 50 states, be mandated, created, and regulated solely by the U.S. Department of Justice so that peace officers, no matter where they work in the U.S., are all trained to the same level of professionalism, competency, and response?
Per our conversations in the course, remember that at this time, all state and local peace officer training around the states is created, mandated, and controlled by the in-state Peace Officer Standards and Training Board’s controlled by the board of in-state police chiefs, sheriffs, civilians, and an over-seer from the state’s Attorney General’s Office. There is no national standard of how “policing” should be conducted in each state outside of relevant procedural laws based on case law in the federal District courts, Appellate courts, and the U.S. Supreme Court.
> Your second option/topic to choose is to research the Use-Of-Force technology available to law enforcement and how it might be controlled and used by all agencies and peace officers.
The question: Should the Federal government pay for a universal training program, all supply of, and mandatory use of Tasers, body and car cams, and other forms of technology that might aid police in doing their “job” in a professional and safe(r) manner? Bear in mind that the use of tasers, OC spray, body and car cams are not regulated nor provided for by the federal govt. nor state governments at this time – the choice to use such tech up to individual departments, though the certification or training to use such tech might be mandated itself by the state’s P.O.S.T. board.
You need only pick and research one of the two presented topic areas, your choice.
You can certainly email me if you have any further questions.
Format of the research paper:
Your paper should be no more than 6-10 pages, not including the title page and the bibliography AND it must be submitted in either the WORD .doc format OR as a .pdf file (ALSO, no Google Docs or Cloud formats may be used as they are locked with a password; and no other format like Publish or Apple-specific formats may be used. ALL word processors have a .pdf or Word .doc format file available in the Save As link…). Students will follow the APA Format, which is the accepted style in the Social Sciences. It should be double-spaced, in 12-point font using the Calibri, Tahoma, or Times New Roman font, with 1” margins, and submitted to me through its assignment submittal box.
This “critical issues” analysis paper is not a book report or a book review. It is intended to have you show that you can apply what you’ve learned in this course to research on the particular critical issue in social policy you have chosen above. The paper must apply concepts and material from this course to themes, findings, or conclusions of your research and information from the book. In your paper, you should try to concentrate on and develop a few themes; don’t spread yourself too thin and try to cover too much material from either the course or the research material you are analyzing.
Along with citing course readings or lectures in your essay, you must also cite at least five other academic or scholarly journals or books relevant to your topic. Use the various computerized literature searches available at the library or on-line to help you find relevant articles. If you aren’t sure of the difference between an academic work and a popular work, please ask for clarification. Wikipedia is not to be used as a reference.
It is very important to always credit and cite your sources appropriately. Academic honesty is very important to your success in this class. I expect a paper written by you, in your own words, and not previously submitted for another class.
Your paper needs to be clear and concise. You should edit and re-edit the paper several times before submitting it, cutting out extraneous words or sentences and re-wording as you go. Proper grammar, sentence structure, and spelling are important writing skills. Ask others to proof-read your paper for editorial and logical errors. Your paper should not exceed 10 double-spaced pages of 12-point text.