W Bs In Govt
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This document provides an overview of whistleblowing in government, including definitions, motivations for whistleblowing, relevant case law and legislation. It discusses the ethical obligations of government employees and analyzes the strengths and weaknesses of protections provided by the Constitution, legislation and Supreme Court rulings. Recommendations are made to strengthen whistleblower protections and promote transparency in government.
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Essay Questions Exam #1 Due Sunday Oct 19th @ 10pm Emmanuel .docx
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Due Sunday Oct 19th @ 10pm
Emmanuel
1. What are the differences between domestic law and international law? What are the sources for international law?
Domestic law is enforced by legit government. Codified by a legitimate government. Domestic law is dominated by dominated by culture. No true international law
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2)a convention (comes out of the UN) UN has to be signed by each country- international contract. 3) also consent by custom & practices.
2. What is "enfranchisement"? Discuss the amendments in the US Constitution that applies to
Enfranchisement- to admit to the privileges of a citizen and especially to the right of suffrage
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· 19th –deals with women rights
· 23th –Washington D.C. can vote
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· 26th – Lower voting age to 18 years
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3. What is “ethics”? What is “morality”? What are the differences between ethics, morality and the law? Briefly discuss legal obligations, professional obligations and organizational obligations.
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Law establishes order and justice in society through uniform application of rules. It provides stability, security, and protects individual freedoms. The purpose of law is to maintain social order while allowing individuals maximum freedom. Sources of law include formal legal sources like statutes and precedents, as well as historical sources like writings and religious texts. Law is classified into different types and governs various areas like contracts and torts.
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Essay Questions Exam #1 Due Sunday Oct 19th @ 10pm Emmanuel .docx
Essay Questions Exam #1
Due Sunday Oct 19th @ 10pm
Emmanuel
1. What are the differences between domestic law and international law? What are the sources for international law?
Domestic law is enforced by legit government. Codified by a legitimate government. Domestic law is dominated by dominated by culture. No true international law
International law – 1) a nation can consent to be bound by international law (agree to a treaty)
2)a convention (comes out of the UN) UN has to be signed by each country- international contract. 3) also consent by custom & practices.
2. What is "enfranchisement"? Discuss the amendments in the US Constitution that applies to
Enfranchisement- to admit to the privileges of a citizen and especially to the right of suffrage
Amendments
· 15th – blacks
· 19th –deals with women rights
· 23th –Washington D.C. can vote
· 24th – abolish property tax vote
· 26th – Lower voting age to 18 years
David Lopez
3. What is “ethics”? What is “morality”? What are the differences between ethics, morality and the law? Briefly discuss legal obligations, professional obligations and organizational obligations.
As mentioned in chapter 5, at the most basic level, ethics constitutes right or wrong behavior. It is a branch of philosophy focusing on morality and the way moral principles are derived and implemented. Ethics has to do with the fairness, justness, rightness, or wrongness of an action. Morals are influenced by culture or society, however they are principal’s set individually by person to person. Business ethics and business law are closely intertwined because ultimately the law rests on social beliefs about right and wrong behavior in the business world.
4. What is "pleadings"? Discuss the contents of a complaint.
The complaint and answer, taken together, are known as the pleadings.
-The facts showing that the court has subject- matter and personal jurisdiction
-The facts establishing the plaintiff’s basis for relief,
-The remedy the plaintiff is seeking.
5. Discuss at least four reasons why the court will apply equitable remedies. Note:UMIRU
Equitable remedies include specific performance, an injunction, and rescission. Specific performance involves ordering a party to perform an agreement as promised. An injunction is an order to a party to cease engaging in a specific activity or to undo some wrong or injury. Rescission is the cancellation of a contractual obligation.Todays courts will not grant equitable remedies unless the remedy at law (monetary damages )is inadequate.
6. Briefly discuss the major publication, practices and invention that had an influence on the US Constitution.
Ideas from many people and several existing documents, including the Articles of Confederation and Declaration of Independence had major influences on the publication for the constitution.
7. What is evidence law? What criteria must be met for evidence to be admissible.
The law of evidence provides principle ...
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This document discusses the statutory authority that agencies derive from legislation passed by Congress. It explains that agencies must act within the specific grants of authority given by statutes and that exceeding this scope of authority is considered ultra vires. Statutes may give single agencies authority or multiple agencies authority over different aspects of the same law. Statutes often use vague language, giving agencies significant discretion in interpretation, which can be influenced by both technical and political factors. Court cases set precedent on reviewing agency actions and interpretations to ensure they do not exceed statutory authority.
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PSM 451/ PAD 581
Maynard/Moody, Ch. 1-2
Dealing with Faces
Expectation of law abidance: demand that
street-level workers apply laws, rules, and
administrative procedures to people’s behavior
Prevalence of cultural abidance: workers’
subjective judgment of who people are, their
perceived identities and moral character, often
based on superficial social markers (race/ethnic,
gender, religious garb/practices etc.)
Tension between law and cultural abidance
affect street level workers’ decision-making
Street-level workers’ belief/value system often
come into conflict with organizational rules and
policies on the administration of public services
Discretionary Decision-making
State-agent narrative: democratic state built on law
and predictable procedures that treat like cases the
same
Deviations allowed only if law adapted to
circumstances in manner consistent with policy
Structure of public administration designed to
circumscribe discretion in order to insure equal
treatment as much as possible
Most egregious instances of cultural abidance draw
media/scholarly scrutiny
E.g. racial profiling seen as eroding legitimacy and authority of
governance in general and law enforcement in particular
Discretionary Decision-making
State-agent narrative: democratic state built on law
and predictable procedures that treat like cases the
same
Deviations allowed only if law adapted to
circumstances in manner consistent with policy
Structure of public administration designed to
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treatment as much as possible
Most egregious instances of cultural abidance draw
media/scholarly scrutiny
E.g. racial profiling seen as eroding legitimacy and authority of
governance in general and law enforcement in particular
Citizen-agent narrative
Citizen-agent narrative: focuses on worker’s
judgments about identities and moral character of
clients and their behavior during encounters
Street-level workers take risk to provide unauthorized,
extraordinary assistance, or to administer services by
the book, or to withhold or provide services in an
abusive manner
Street-level cultural judgments are inevitably part of
governing the modern state
“every application of a law involves further elaboration of that
law” H. George Frederickson
Accountability and control are fundamental to traditional view
of administrative state
State-agent narrative
Concerned with law abidance of citizens
and workers
Identifying of worthy and unworthy
colleagues and citizens e.g. police
solidarity
Workers unsure of how to act when
views of worthiness, fairness, and
appropriate actions and laws, rules, and
policies don’t coincide
Politics & Administration
Role of street-level workers in administering
public policy raises classic question of their
influence in shaping policy and in essence
governing
Many scholars reject separation between politics
and administration
Implementation theory: gap between ...
Section Seven Public EmploymentFive Types of public employee.docx
Section Seven: Public Employment
Five Types of public employees:
Civil service: merit principle
Unionized: contract-based
Special employees: variable
Elected officials: constitutions and specific laws
Political Appointees: will of appointers, specific laws
Public Employment: First Amendment rights
Requirements of Political Affiliation are generally illegal except for higher policymaking appointees:
Rutan v. Illinois (1990): struck down system that froze all moves within Illinois employment system and where promotions and transfers were considered with political criteria
- Note Scalia dissent
Public Employment: First Amendment rights: SPEECH
Pickering v. Board of Education (1968)
- no damage to organization
- “public significance” of speech
Connick v. Meyers (1983) public significance of speech balanced with general preference of deference to managerial discretion
Garcetti v. Ceballos (2006): internal memos criticizing use of affidavit for search warrant led to retribution and transfer
Kennedy distinguished between speech that is “pursuant to their official duties” and that which contributes to “civic discourse”
First category not protected by First Amendment: memo
- Second category is: addressing public audience
Public Employment: Constitutional Issues
Right to not speak: 5th amendment
- but public officials are expected to cooperate in investigations or they can be fired
Public Employment: Constitutional Issues
Fourth Amendment: Search and Seizure
O’Connor v. Ortega (1987):office privacy case involving director in state psychiatric program at Napa State Hospital
- case by case analysis
- “reasonable expectation of privacy” in offices
- special nature of public employees makes “probable cause” standard impracticable: “reasonableness” can be standard
- thumb on side of employers in scale
National Treasury Employees Union v. Von Raab (1989): “special needs” may make probable cause impracticable
Public Employment
Due Process Concerns
Property interests:
- Hale v. Walsh (1987)
- Board of Regents v. Roth (1972)
Public Employment: Due Process
If property rights are established,
Employer must show firing:
- followed required procedures
- was not for exercise of rights
- same decision would have been made despite exercise of rights
- speech or association is not protected or of public importance
Public Employees: Due Process Concerns
Liberty interests:
Constitutional liberty interest can be created by linking firing to speech: Hale v Walsh (1987)
Liberty interest linked to reputation/good name:
Bishop v. Wood (1976): reasons not made public and did not affect liberty relating to reputation
Safest to not give reasons when firing those without property rights
Public Employment: Due Process
Dismissals allowed for almost any non-elected employee for:
cause: specific actions of malfeasance, nonfeasance. Violations of rules of employment – may require due process
- Financial exigency or progra.
Public Policy Essays
Public Policy Essay
Public Policy Reflection Paper
Procedural Public Policy Essay
Essay On Public Policy
Public Policy Importance
Essay on Public Policy and Administration
Corporate Money In Politics
This document summarizes the history of corporate money in politics and campaign finance law in the United States. It discusses key Supreme Court rulings like Buckley v. Valeo, Bellotti, Austin, McConnell, Citizens United, and Hobby Lobby that have expanded corporate political speech rights and loosened campaign finance regulations. The Powell Memorandum of 1971 encouraged corporations to engage more actively in politics to influence regulations. Over time, the Court has increasingly equated corporate political spending with free speech and overturned restrictions on direct corporate donations to politicians.
Scaling Justice: India's Supreme Court and the Rights to Health and Education
This document outlines a study examining factors that influence judges' rulings on socio-economic rights cases in India. It presents the researcher's hypothesis that judges negotiate rulings based on laws, political contexts, and public concerns. The methodology section describes how the researcher will create two datasets - one of health and education cases and one of judge characteristics. Variables like case details, litigant profiles, and political landscape will be analyzed using statistical techniques like probit analysis to test if certain variable combinations correlate with rulings supporting socio-economic rights. Preliminary findings are discussed, such as public health cases being most common and lower caste judges more likely to support these rights.
The origins and meanings of administrative law
The document provides an overview of administrative law, including its origins and meanings. It discusses how administrative law seeks to reduce arbitrariness and unfairness in bureaucratic government through several key principles and cases. It explains that administrative law developed from judicial decisions and statutes to establish standards of due process that administrative agencies must follow, such as requiring a full and fair hearing as outlined in the Morgan v. United States Supreme Court case. It also discusses how Goldberg v. Kelly established that due process requires a hearing prior to terminating welfare benefits.
California Politics (Summer06)
The document discusses California's system of direct democracy through initiatives, referendums, and recalls. It provides background on their origins in the early 20th century as a way for citizens to have more direct control over laws and policies. There are arguments that they empower ordinary citizens but also that they are tools that mostly benefit wealthy individuals and organizations. While initiatives allow for progressive laws, some that passed received major funding from conservative groups and targeted immigrant and minority rights. Critics argue citizens may lack expertise to make complex decisions and be swayed by emotions over long-term impacts. Many initiatives are challenged in courts with around half being invalidated.
APR Ethics, Law &Technology
This document provides an overview of ethics, law, and technology as they relate to public relations. It discusses general ethical principles like honesty, integrity, and protecting privacy. It also examines the relationship between law and ethics. On the legal side, it outlines concepts like the First Amendment, freedom of information laws, copyright, and privacy laws. It provides examples of legal cases and defines key terms. For technology, it briefly discusses the role of blogs, websites, and content management for PR professionals. The document is intended as a study guide for an accreditation exam on ethics, law and technology in PR.
Term Paper Individual Rights and Social OrderDue Week 10 and wort.docx
Term Paper: Individual Rights and Social Order
Due Week 10 and worth 200 points
Over the course of the term, this course has focused on the concepts of Individual Rights as protected under the Bill of Rights, as well as the role of the legal systems and its unrelenting pursuit of Social Order. Each concept balances the other to ensure that rules, institutions, and public initiatives can be executed in a standardized and judicious manner for the benefit of a civilized society.
Review the following in preparation to follow a systematic approach to your synthesis of law and fact:
Champion, D. J., Hartley, R. D., & Rabe, G.A. (2012). Chapter 1
Law: The Legal Battlefield. In
Criminal courts: Structure, process, and issues
(3rd ed.). Upper Saddle River, NJ: Pearson Education, Inc.
Write a ten to fifteen (10-15) page paper in which you:
Explain the difference in individual rights and social order, and examine the major effects of both on the legal system overall.
Choose one (1) of the social controls discussed within Chapter 1, and give your opinion as to the amendment which offers the most protection of the social control that you selected. Address whether the chosen Amendment is simply an instrument of protection to ensure that the rights and liberties of citizens are secure, whether it provides a framework to facilitate citizen / governmental interactions, or both. Explain the answer.
Discuss the essentials ways in which the law effectuates social change in American society through judicial activism. Provide a rationale for the response.
Examine the overall importance of both substantive law and procedural law. Suggest three (3) ways in which these two (2) types of laws can protect both individual rights and social order. Discuss the invaluable aspects of substantive and procedural in keeping the adversarial system in balance while protecting individual rights and social order. Justify the response.
Analyze the key differences between criminal law, civil law, and administrative law. Discuss the role of each when criminal and administrative law or civil and administrative law intersects in the litigation process.Propose two (2) ways in which these three (3) types of laws protect individual rights and social order. Justify the response.
Review the three (3) functions of law. Explain the essential manner in which the law overall ensures the existence of adequate order, provides resolutions to conflicts, and protects civil liberties (e.g., freedom of thought, belief, expression, and assembly; protection against unreasonable searches and seizures; and provisions for a court hearing prior to government taking of property) as set forth in the U.S. Constitution.
Debate whether or not social control(s), as a function of law, play a fundamentally positive/creative role or negative / restrictive role in the development of modern American law. Provide a rationale for the response.
Use at least two (2) quality references.
Note:
Wikipedia and othe.
Techmical skills assessment review
This document discusses four major events that helped shape the US criminal justice system: 1) The Civil Rights Movement, 2) The Vietnam War, 3) Rising crime rates in the 1960s and 1970s, and 4) The 9/11 terrorist attacks. It provides historical context around these events, such as the Civil Rights Act of 1964 and protests against the Vietnam War, and how the government responded through initiatives like President Johnson's War on Crime and the Omnibus Crime Control and Safe Streets Act of 1968. The document also covers legal principles that govern criminal laws and procedures, such as due process, rules of evidence, and limits on criminal laws.
PADM505 LESSON 8 ETHICS OF DISSENTIntroductionTopics to be .docx
PADM505 | LESSON 8: ETHICS OF DISSENT
Introduction
Topics to be covered:
· Whistleblowers
· Ethics of Dissent
All government employees, from the President of the United States down to the lowest level public administrator in a local government, are accountable to the citizens they serve, and they have a responsibility to conduct governmental affairs in a manner that meets citizens’ expectations. This includes performing their work in a manner that is transparent and accountable. There may come a time when a public administrator will need to oppose those in power to do that.
Bob Woodward or “Deep throat” comes to mind when we think of individuals who “blew the whistle” on their governmental agency. Daniel Ellsberg leaked the Pentagon Papers. There have been more in recent years such as Bradley Manning and Edward Snowden.
Whistleblowers
STEPS TO TAKE If an individual feels that he or she should become a whistleblower, the National Whistleblower Center (NWC) provides information and resources on the process. If someone decides to pursue whistleblowing, some of the steps he or she should take include the following:
· Check legal guidelines for whistleblowing. For example, the Occupational Safety and Health Administration (OSHA) has guidelines that should be followed in the process.
· Gather information and evidence to document the wrongdoing that the whistleblower is reporting.
· Hire an attorney experienced in whistleblowing cases to offer support and guidance in the process. Work with that attorney to build a case.
· Legally, whistleblowers have the right to remain anonymous. But in reality, whistleblowers are often identified, even if they take actions intended to maintain their anonymity. As such, whistleblowers should prepare for the backlash that may occur if others find out that they reported wrongdoing. As part of this preparation, whistleblowers should consider getting another job. If they do this, they should change jobs before their case becomes public.
LEGAL RIGHTS AND RETALIATION Whistleblowing is a legal right, and whistleblowers at the federal level of government are protected by law under the Whistleblower Protection Act of 1989. If an employer retaliates against an employee or other individual for being a whistleblower, that person can file a complaint. Some of the laws that include protection for whistleblowers include the following (United States Department of Labor, n.d.):
· Clean Air Act
· Comprehensive Environmental Response, Compensation and Liability Act
· Consumer Financial Protection Act
· Energy Reorganization Act
· Federal Railroad Safety Act
· National Transit Systems Security Act
· Surface Transportation Assistance Act
· Sarbanes-Oxley Act
· Toxic Substances Control Act
Be sure to explore the statutes that govern the procedure for whistleblower protection.
In addition to federal laws, many states also have laws that offer protections to government employees who become whistleblowers. According to the NCSL’s website, .
Blowing the whistle
This document discusses whistleblowing and whistleblower protection laws. It defines a whistleblower as someone who exposes wrongdoing or corruption. It outlines whistleblower protection laws in countries like the UK, US, and Australia. In the US, key laws that protect whistleblowers include the Whistleblower Protection Act of 1989 and the Sarbanes-Oxley Act of 2002. The document also discusses differences between whistleblowers and informants, provides definitions of whistleblowing, and examines major whistleblowing legislations around the world.
Political System Cycle
The political process cycle begins when people have interests or concerns about issues in their community. They form groups to pressure policymakers to address these issues on the governmental agenda. If successful, policymaking institutions like Congress and the President will adopt a policy to address the issue. Implementing the policy can have various impacts on citizens, such as through taxes or regulations. Based on these impacts, people may respond by raising new interests or concerns, restarting the political process cycle.
SWK 597 Week 2. administrative protections (2)
This document provides an overview of administrative protections and objectives for week 2. It begins by differentiating between civil rights and civil liberties, and defining administrative law. It then discusses statutory protections like Title VII, Title IX, HIPAA, the Privacy Act, the Freedom of Information Act, and the Whistleblower Protection Act. The document goes on to explain administrative law, administrative hearings, and how cases can cross over into civil matters. It also discusses the due process clause of the 5th and 14th amendments and requirements for impartiality in administrative hearings.
C H A P T E R2 The Judiciary as a Shaperof Social Policy, .docx
This document provides an overview of how the judiciary can shape social policy and programs through court decisions and rulings. It first describes the three branches of US government - legislative, executive, and judicial - and how they were designed to have separate but checking powers. It then discusses how interest groups can advocate for new policies and legislation, and how enacted laws are implemented through regulatory processes. The key points are that courts can determine who programs must serve, eliminate programs, and establish or remove citizen entitlements to benefits. Judicial decisions create social policy that can expand or restrict government powers and hold practitioners accountable to professional standards.
Term Paper Individual Rights and Social OrderDue Week 10 and wort.docx
Term Paper: Individual Rights and Social Order
Due Week 10 and worth 200 points
Over the course of the term, this course has focused on the concepts of Individual Rights as protected under the Bill of Rights, as well as the role of the legal systems and its unrelenting pursuit of Social Order. Each concept balances the other to ensure that rules, institutions, and public initiatives can be executed in a standardized and judicious manner for the benefit of a civilized society.
Review the following in preparation to follow a systematic approach to your synthesis of law and fact:
Champion, D. J., Hartley, R. D., & Rabe, G.A. (2012). Chapter 1
Law: The Legal Battlefield. In
Criminal courts: Structure, process, and issues
(3rd ed.). Upper Saddle River, NJ: Pearson Education, Inc.
Write a ten to fifteen (10-15) page paper in which you:
Explain the difference in individual rights and social order, and examine the major effects of both on the legal system overall.
Choose one (1) of the social controls discussed within Chapter 1, and give your opinion as to the amendment which offers the most protection of the social control that you selected. Address whether the chosen Amendment is simply an instrument of protection to ensure that the rights and liberties of citizens are secure, whether it provides a framework to facilitate citizen / governmental interactions, or both. Explain the answer.
Discuss the essentials ways in which the law effectuates social change in American society through judicial activism. Provide a rationale for the response.
Examine the overall importance of both substantive law and procedural law. Suggest three (3) ways in which these two (2) types of laws can protect both individual rights and social order. Discuss the invaluable aspects of substantive and procedural in keeping the adversarial system in balance while protecting individual rights and social order. Justify the response.
Analyze the key differences between criminal law, civil law, and administrative law. Discuss the role of each when criminal and administrative law or civil and administrative law intersects in the litigation process.Propose two (2) ways in which these three (3) types of laws protect individual rights and social order. Justify the response.
Review the three (3) functions of law. Explain the essential manner in which the law overall ensures the existence of adequate order, provides resolutions to conflicts, and protects civil liberties (e.g., freedom of thought, belief, expression, and assembly; protection against unreasonable searches and seizures; and provisions for a court hearing prior to government taking of property) as set forth in the U.S. Constitution.
Debate whether or not social control(s), as a function of law, play a fundamentally positive/creative role or negative / restrictive role in the development of modern American law. Provide a rationale for the response.
Use at least two (2) quality references.
Note:
Wikipedia and othe.
SECTION VIII GOVERNMENT LIABILITYBeginning point Sovereig.docx
SECTION VIII: GOVERNMENT LIABILITY
Beginning point: Sovereign immunity
- based on historical notion that “the king can do no wrong”
- in practice: you cannot sue the government without its permission
PS 480, Liability, Sec VIII
1
SECTION VIII: GOVERNMENT LIABILITY
Key liability issues in administrative law:
1) exceptions to sovereign immunity, usually created by statute
2) whether and how immunity applies to individuals
PS 480, Liability, Sec VIII
2
SECTION VIII: GOVERNMENT LIABILITY
Most cases are “torts”
Tort: “legal wrong done to another person”
Typically people seek correction of, and compensation for, the injury
Liability in these cases is typically a matter of common law, state by state, until preempted by statutes
PS 480, Liability, Sec VIII
3
GOVERNMENT LIABILITY
Intentional tort: on purpose: defamation, destruction incidental to legal searches, loss of business due to rules enforcement
- Generally government has immunity against such suits but not when they involve a battery or false imprisonment
Unintentional tort: injury incidental to other activities or decisions
- Generally negligence of some sort
PS 480, Liability, Sec VIII
4
SECTION VIII: GOVERNMENT LIABILITY
Negligence: injury which could have been avoided with reasonable care
- most common unintentional tort
- often centers on notion of unfulfilled duty
PS 480, Liability, Sec VIII
5
GOVERNMENT LIABILITY
Successful negligence suit requires proof of:
- failure to exercise reasonable care
- failure was proximate cause of injury
failure resulted in specific amount of injury
BUT NOTHING HAPPENS UNLESS SOVEREIGN IMMUNITY IS WAIVED ….
PS 480, Liability, Sec VIII
6
SECTION VIII: GOVERNMENT LIABILITY
Federal Torts Claims Act (1946):
Allows suits against federal government under some conditions
- Some elements are determined by state torts claims acts: extent or limits of liability (ex $200,000 in Florida)
PS 480, Liability, Sec VIII
7
GOVERNMENT LIABILITY
Exceptions to FTCA:
Executive Functions: specific executive functions and claims in foreign states are excepted
Intentional Torts
Discretionary Functions: When government actor makes a policy choice
Scope of Employment: state by state, basically liability occurs only when government official is acting outside of proper job requirements
Public Duty: liability only occurs where government action or inaction is not owed to specific individual. Harm to private parties that is not targeted is not liable, and failure to act responsibly only liable when specific obligation has been created for particular party
- general public cannot sue
PS 480, Liability, Sec VIII
8
FTCA: Exemptions – areas where government is still immune
Intentional torts: harms that arise because of deliberate actions (as opposed to accidents)
Harms to property incident to serving warrant
Harms to reputation due to publication of arrest
Generally remain immune, but exceptions in cases of assault, battery.
SECTION VIII GOVERNMENT LIABILITYBeginning point Sovereig.docx
SECTION VIII: GOVERNMENT LIABILITY
Beginning point: Sovereign immunity
- based on historical notion that “the king can do no wrong”
- in practice: you cannot sue the government without its permission
PS 480, Liability, Sec VIII
1
SECTION VIII: GOVERNMENT LIABILITY
Key liability issues in administrative law:
1) exceptions to sovereign immunity, usually created by statute
2) whether and how immunity applies to individuals
PS 480, Liability, Sec VIII
2
SECTION VIII: GOVERNMENT LIABILITY
Most cases are “torts”
Tort: “legal wrong done to another person”
Typically people seek correction of, and compensation for, the injury
Liability in these cases is typically a matter of common law, state by state, until preempted by statutes
PS 480, Liability, Sec VIII
3
GOVERNMENT LIABILITY
Intentional tort: on purpose: defamation, destruction incidental to legal searches, loss of business due to rules enforcement
- Generally government has immunity against such suits but not when they involve a battery or false imprisonment
Unintentional tort: injury incidental to other activities or decisions
- Generally negligence of some sort
PS 480, Liability, Sec VIII
4
SECTION VIII: GOVERNMENT LIABILITY
Negligence: injury which could have been avoided with reasonable care
- most common unintentional tort
- often centers on notion of unfulfilled duty
PS 480, Liability, Sec VIII
5
GOVERNMENT LIABILITY
Successful negligence suit requires proof of:
- failure to exercise reasonable care
- failure was proximate cause of injury
failure resulted in specific amount of injury
BUT NOTHING HAPPENS UNLESS SOVEREIGN IMMUNITY IS WAIVED ….
PS 480, Liability, Sec VIII
6
SECTION VIII: GOVERNMENT LIABILITY
Federal Torts Claims Act (1946):
Allows suits against federal government under some conditions
- Some elements are determined by state torts claims acts: extent or limits of liability (ex $200,000 in Florida)
PS 480, Liability, Sec VIII
7
GOVERNMENT LIABILITY
Exceptions to FTCA:
Executive Functions: specific executive functions and claims in foreign states are excepted
Intentional Torts
Discretionary Functions: When government actor makes a policy choice
Scope of Employment: state by state, basically liability occurs only when government official is acting outside of proper job requirements
Public Duty: liability only occurs where government action or inaction is not owed to specific individual. Harm to private parties that is not targeted is not liable, and failure to act responsibly only liable when specific obligation has been created for particular party
- general public cannot sue
PS 480, Liability, Sec VIII
8
FTCA: Exemptions – areas where government is still immune
Intentional torts: harms that arise because of deliberate actions (as opposed to accidents)
Harms to property incident to serving warrant
Harms to reputation due to publication of arrest
Generally remain immune, but exceptions in cases of assault, battery.
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Threats to mobile devices are more prevalent and increasing in scope and complexity. Users of mobile devices desire to take full advantage of the features
available on those devices, but many of the features provide convenience and capability but sacrifice security. This best practices guide outlines steps the users can take to better protect personal devices and information.
DevOps and Testing slides at DASA Connect
My and Rik Marselis slides at 30.5.2024 DASA Connect conference. We discuss about what is testing, then what is agile testing and finally what is Testing in DevOps. Finally we had lovely workshop with the participants trying to find out different ways to think about quality and testing in different parts of the DevOps infinity loop.
Essentials of Automations: The Art of Triggers and Actions in FME
In this second installment of our Essentials of Automations webinar series, we’ll explore the landscape of triggers and actions, guiding you through the nuances of authoring and adapting workspaces for seamless automations. Gain an understanding of the full spectrum of triggers and actions available in FME, empowering you to enhance your workspaces for efficient automation.
We’ll kick things off by showcasing the most commonly used event-based triggers, introducing you to various automation workflows like manual triggers, schedules, directory watchers, and more. Plus, see how these elements play out in real scenarios.
Whether you’re tweaking your current setup or building from the ground up, this session will arm you with the tools and insights needed to transform your FME usage into a powerhouse of productivity. Join us to discover effective strategies that simplify complex processes, enhancing your productivity and transforming your data management practices with FME. Let’s turn complexity into clarity and make your workspaces work wonders!
Mind map of terminologies used in context of Generative AI
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Epistemic Interaction - tuning interfaces to provide information for AI support
Paper presented at SYNERGY workshop at AVI 2024, Genoa, Italy. 3rd June 2024
https://alandix.com/academic/papers/synergy2024-epistemic/
As machine learning integrates deeper into human-computer interactions, the concept of epistemic interaction emerges, aiming to refine these interactions to enhance system adaptability. This approach encourages minor, intentional adjustments in user behaviour to enrich the data available for system learning. This paper introduces epistemic interaction within the context of human-system communication, illustrating how deliberate interaction design can improve system understanding and adaptation. Through concrete examples, we demonstrate the potential of epistemic interaction to significantly advance human-computer interaction by leveraging intuitive human communication strategies to inform system design and functionality, offering a novel pathway for enriching user-system engagements.
Securing your Kubernetes cluster_ a step-by-step guide to success !
Today, after several years of existence, an extremely active community and an ultra-dynamic ecosystem, Kubernetes has established itself as the de facto standard in container orchestration. Thanks to a wide range of managed services, it has never been so easy to set up a ready-to-use Kubernetes cluster.
However, this ease of use means that the subject of security in Kubernetes is often left for later, or even neglected. This exposes companies to significant risks.
In this talk, I'll show you step-by-step how to secure your Kubernetes cluster for greater peace of mind and reliability.
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W Bs In Govt
- 1. Whistleblowers in Government: Administrative Ethics As Seen Through the Constitution, Legislation, and Case Law Susan South Jurisprudence December 4, 2008
- 4. Famous Whistleblowers Joseph C. Wilson Valerie Plame Case Mark Felt Deep Throat Linda Tripp Clinton-Lewinsky Scandal
- 31. Thank you!
Editor's Notes
- Whistleblowers in Government: Administrative Ethics As Seen Through the Constitution, Legislation, and Case Law I picked this topic because my master’s is in public administration and this topic tied this class really well into my master’s.