NEW SUPPLEMENT DEVELOPED!! Utilizing epigenetic markers and…
NEW SUPPLEMENT DEVELOPED!! Utilizing epigenetic markers and quantum physics, we have developed a brand new supplement, guaranteed to control cholesterol, balance blood glucose, maintain optimum blood pressure for your specific genotype, and reduce inflammation in joints! Hundreds have tried our new product and LOVE it’s effects. See their testimonials on our website that describe the AMAZING results. Ingredients: Vitamin C 100 mg Vitamin B12 10mcg Garlic powder 50mg Niacin 50 mg How would you go about determining is this is based on science or pseudoscience? Do you see any red flags for pseudoscience? Do you see scientific support of their claims?
Read DetailsListening Comprehension, Vocabulary. Choose the vocabulary p…
Listening Comprehension, Vocabulary. Choose the vocabulary pair that you hear. The speaker will talk, in Spanish about pairs of items in the classroom. Choose the English translation of the items you hear. 1. and 2 and 3 and 4 and 5 and 6 and
Read DetailsQuestion One …
Question One (One Hour and a Half) Tyler City, the largest city in the state of Jackson, has invested heavily in projects intended to revitalize its downtown business district, including a minor league baseball park, a riverfront park, and a theater complex. These attractions have lured many new businesses to the downtown district, including restaurants, clubs, retail shops and hotels, increasing tax revenues and urban vitality. This growth, however, has brought many challenges. Crime rates, for example, have increased, especially on weekend nights, when teenagers and young adults, often under the influence of narcotics and alcohol have engaged in fights, assaults, and other forms of violence. To deal with these problems, the Jackson state legislature has enacted a law empowering its cities to establish Downtown Governance Districts (“DGD”). (Tyler City has already voted to establish a district). These districts are governed by a three member board elected by those who either own real property or own a business in the defined downtown district. The DGD board has the authority to make ordinances governing public health, safety, and welfare, as well as the power to tax and spend in order to implement these policies. The bill’s sponsors argued that the challenges faced in the urban cores of large cities like Jackson, like the preservation of public order, securing care for a significant homeless population, providing signage and other amenities for tourists, and providing transportation infrastructure such as urban street cars, differ in kind than those handled by general local government. The policy choices on how to deal with these problems, the sponsors reason, have an enormous impact on the large investments made by downtown property or business owners and consequently should be controlled by those with the most stake in their success. There are, however, a large group of downtown residents who rent their homes (many of them young professionals who like the vibe of the city) who both care deeply about and will be significantly impacted by the policies that will be enacted by the DGD board. They too want to elect and hold accountable the members of the board. They have sued. The newly elected Tyler City DGD board has already swung into action. Its first major policy decision was to take away the responsibility for on-ground patrolling the DGD from the Tyler City police department and turn it over it to the Armor Clad Security company (“ACS”). The DGD and ACS have signed an annually renewable contract that states that the DGD will supply sufficient funding for ACS to provide a dedicated district force of officers to provide security within the boundaries of the district. The security officers have the authority to temporarily detain, but not arrest or jail anyone; if someone allegedly violates the law, the security officers are required to call the Tyler City police department. ACS, under the contract, will hire, train, and discipline its officers. (They will wear ACS uniforms, with the addition of a special insignia for those that work in the Tyler City DGD.) Every year, when the contract comes up for renewal, ACS will produce a report describing the activities of its district officers each year, including the number of incidents handled by its officers and also appending the ACS training protocol and employee manual. The DGD board each year, as they did when they approved the contract, will review the protocol and manual, as well as the report, in making the decision whether to renew the contract. ACS markets itself, and the board was impressed by (each board member made positive comments about this claim at a public meeting), as a security force made of officers of high character. The owner and leader of ACS, Tim Falwell has a distinct idea of high character. As stated in the employee manual and followed strictly in company actions, ACS will not hire any employees who are either transgender or married to someone of the same biological gender. Falwell’s written introduction to the ACS manual states that only those who follow traditional moral principles in their private lives can be trusted with the authority invested in security officers. Two Tyler City residents, one of whom is transgender and the other of whom is married to a spouse of the same biological gender, applied for, and because of the policy, were denied work as security officers in the DGD. Both applicants have sterling character references, love urban life and have deeply prepared (both have urban sociology degrees) for a life of service to urban residents. They are furious that their applications have been summarily rejected for reasons that have nothing to with their qualifications or capacity to perform. They have sued. Meanwhile, the DGD board has been busy attacking another problem. There have been several incidents of violence in the district the last several weeks, including gun shootings, which have resulted in serious injury and even death. Most of these incidents involve groups of teenagers and young adults who are members of local street gangs. These incidents have all happened around dark. The antipathy between and the penchant for violence of these gangs is so strong that if members of one gang see a group of young people wearing the colors of their rivals in a contested area, they are likely to attack, setting off a melee. (Wearing one’s colors in an area that is not part of your territory is a serious sign of disrespect.) In order to prevent conflict and keep public order, the board has passed an ordinance that prevents the wearing of any clothing of a particular and specified shade of red and another of blue (the gangs are very particular about their chosen color) in the district after 8:00 pm until 6:00 am the next morning, a time in which, during most of the year, will be dark. (There is an exception for on-duty employees whose work uniform contains the restricted colors.) The board reasons that eliminating the most obvious and fast-starting cause of conflict will reduce the probability of violence. While the board understands that people in this country are not used to having the government tell them where and when they can wear certain clothes, this situation is different. A group of young adult downtown residents who care deeply about their appearance as part of demonstrating their identity are outraged and have sued. You are a law clerk to the federal judge who has been assigned to hear all these lawsuits. Write a memorandum discussing all the legal issues raised by the claims made by the non-owning downtown residents regarding the state DGD statute; the claims of the two applicants for a position for security officer in the district; and the claims raised by the group of young adult downtown residents regarding the clothing ordinance. Make sure to fully explain the arguments for both sustaining and striking down the alleged government actions regarding all of these issues. Please do not discuss any areas of law that were not covered in the course
Read DetailsQuestion Two …
Question Two (One Hour and a Half) For the many progressives who abhor living in the era of President Trump, their progressive local governments provide them a measure of happiness. The city of Seeger in the state of Vermont is one such place. The residents of Seeger, an old and wealthy New England town with a population that has been for decades, on average, 95% white (only since 2021 has that number declined to 90), wish to do their share to build a more diverse, inclusive, and equitable society (“DEI”). Two years ago., the Seeger City Council decided to begin with the problem of structural racism in the provision of health care services in its city. The Council held a series of hearings, which included several witnesses, beginning with long-term residents prominent in the health care community, who testified that the city’s historically nearly all white population made it difficult, despite repeated attempts to recruit new people and most residents’ predisposition to support vigorous civil rights protections, to attract professionals of color to Seeger. Several doctors of historically excluded races who have moved to Seeger in the last decade testified that they were reluctant to consider Seeger because they felt uncomfortable living in a community with such meager diversity. They only changed their mind when they were offered above market compensation and the assurance that the community would support their practice. (They also made it clear that, on the whole, the community has been welcoming, and they are happy.) Based on these hearings, the City Council concluded that the best way to remedy the historic imbalance in minority race health professionals is to ensure that the city offers sufficient economic incentives to attract diverse professionals to the area. Because the progressive city provides extensive publicly funded health care to its residents, the city has the economic tools to achieve its goals of fostering equity. The Council voted, by ordinance, to establish a program that requires that 25% of city awarded and funded contracts for the provision of health care services be awarded to health care companies owned and managed by minority health care professionals, defined specifically in the ordinance as Black, Hispanic, or Asian professionals (no percentage was set by race—all contracts with minority owned and managed companies count to the 25% requirement.) The Council reasoned that, as the city’s current minority population is only 10%, the 25% requirement serves as a concrete inducement to attract new health care professionals to the area. While most people in Seeger were delighted with this program, a group of city health care companies owned and managed by white professionals are not. They have sued. Part of the ordinance establishing the program also set the rules for how the contracted parties will continue to renew. The ordinance states that all contractors who provide satisfactory service as measured by surveys distributed to and submitted by those served by the health care companies will be renewed annually. There is, however, a provision that states that if the director of the Seeger health department finds that the owner or manager of a contracting institution commits an “act of moral turpitude” the contract will be summarily terminated, by notice sent by letter, with no further pre or post termination process required. Dr. Joseph Young (who is Black) is the owner and manager of a health care provider that provided services to the city. Consumer surveys reported that a substantial majority of patients found the company’s service satisfactory or excellent. Young, in fact, had already been verbally informed by the director of the city health department that his company had met all the criteria for renewal. Unfortunately, a few weeks ago, a neighbor of Young’s, Julie Foreman, a notorious animal rights activist who publicly targets abusers of animals, posted on social media outlets a report of an anonymous accusation, complete with supporting video, that Young had beaten and abused his dogs. The post went viral and several days later, Young received a letter informing him that, in the opinion of the director of the city health department, that his animal abuse constituted an act of moral turpitude, mandating the immediate termination of his contract. Young, as expected, is livid. The city contract was the source of most of his business, and its loss jeopardizes the existence of his enterprise. What makes it more galling is that he is completely innocent of the charges leveled against him—he has never abused his dogs. The video posted by Foreman is a “deep fake” using other images of Young, sent anonymously to Foreman so she could use it to attack Young. Neither the city director nor Foreman will agree to meet or even talk to Young to hear his side of the story or review his evidence regarding the video. Young has no choice but to file suit challenging the city’s actions, and he has also sued Foreman for damages after she refused to retract her posting. Her outrageous refusal to even to look at Young’s authoritative evidence or listen to him, fueled by pathological hatred of animal abusers, demonstrates her intent to inflict emotional distress on him because of her unshakeable, but utterly mistaken, belief he is an animal abuser. Following events in Seeger is Rep. Bill Coburn, a U.S. Congress member from Texas, and inveterate ideological opponent of DEI initiatives. He believes that the Seeger health care contracting ordinance is a prime example of how progressive local governments around the nation flout law and justice. He has filed a bill forbidding any state or local government to require a certain percentage of public contracts be awarded to minority owned or managed companies without: (1) submitting a comprehensive study prepared by accredited social scientists demonstrating that the government in question was involved in or facilitated past intentional discrimination against minority businesses in the particular industry; and (2) the government first trying race neutral programs to remedy any proven harm caused by past intentional discrimination before employing any racial preferences. The Seeger City Council has another interesting problem on its plate. Seeger has a vibrant food truck culture, where many trucks operated by interesting and strange people offer a variety of foods. It is the interesting people that have created the most recent problem. One popular food truck called “Cheech’s Van” attracts customers not just by its excellent tacos, but by its humorous logo, posted all over its truck, featuring individuals who are clearly high on marijuana and enjoying eating tacos. A competing new food truck called “Clean Gene”, operated by a reformed marijuana addict Gene Garner, in response, has branded his truck with a colorful logo featuring, in a clearly mocking and ironic manner, caricatures of stoned and unattractive individuals making fools of themselves, while clearly sober and attractive individuals make fun of them. The intent of both trucks’ branding is to attract attention and customers. The branding has economically worked—both trucks are thriving. But the logos have also unleashed the passions of those who care deeply, for and against, the use of marijuana. Weed partisans on both sides have congregated outside the trucks (which often park in the same area) and have engaged in heated arguments, disrupting the atmosphere of public harmony and peace so valued in and characteristic of Seeger. Many Seeger residents have complained about these conflicts and wish them to stop. The City Council has responded to this discord by passing an ordinance that forbids any commercial logos or any kind of advertising art on any business that serves the public that portrays, in any manner, the use of marijuana or any other inebriating substance. The Council believes it is treating everyone neutrally—they just want to stop the public conflicts and restore public harmony and order. The owners of the trucks believe that the city should stay out of their business. They have sued. You are an Assistant State Attorney General. Write a memo to your supervisor analyzing all the constitutional issues regarding: the lawsuit of the white business owners; both of Young’s lawsuits; the proposed bill by Coburn; and the lawsuit by the food truck owners. Make sure you fully explain both the constitutional bases for any causes of action, as well as the legal defenses that can be raised against the claims. Do not discuss areas of law not covered in this course.
Read Details