Briefing a Case
One of the fundamental skills in legal research is briefing a case. This technique is very helpful for highlighting the important facts of the case and also understanding how the courts apply the relevant laws to the facts of a case to come up with their rulings. When your briefing a case, you’re basically summarizing the case but you’re pulling out the most relevant information. There are many different ways to brief a case but the most popular way is the FIRAC method. This is a widely accepted method for briefing cases and it’s the method I used throughout law school. FIRAC stands for Facts, Issue, Rule, Analysis, and Conclusion. I’ll go through and discuss each step in the FIRAC method. The first case brief is due next week. Since for most, if not all of you this is your first attempt at briefing a case, this will not be graded as harshly as the others. Once you submit your briefs I will post an example of how a case should be briefed and also provide you with feedback so that you can understand how the other cases should be briefed.
The first letter in the FIRAC method stands for Issue.
Facts: These are the most important facts of the case; they should include the parties involved, what happened and how the case go to this point
Issue: This is the question presented for the court to answer. This will usually be a question about how the law is/was applied to the case and whether it was done correctly
Rule: This is the relevant rule of law that the court uses to answer the questions in the case
Analysis: In this section of the brief you will explain how the applied the law and reached its decision in the case
Conclusion: How the court answered the question in the issue and how the court ruled in the case
Case Citation (Case names should be in Italics; ex. John v. Doe 123 F.3d 456 ( 1st Cir. 2016))
Facts:
These are the most important facts of the case; they should include the parties involved, what happened and how the case got to this point (the procedural history: who’s suing who? What happened in the lower court? Who is appealing?)
Issue:
This is the question presented for the court to answer. This will usually be a question about how the law is/was applied to the case and whether it was done correctly This should be in the form of a question. In many cases the issue will also correspond with why a person is appealing
Rule:
This explains how the court should apply the relevant rule of law. This does NOT mean the ruling in the case. This section should explain how the court is supposed to apply the law to answer the question in the issue
Analysis:
In this section of the brief you will explain how the applied the law and reached its decision in the case. This should connect the rule of law explained in the previous section to the facts of the case.
Conclusion:
How the court answered the question in the issue and how the court ruled in the case
*Each section should be written in single-spaced, 12 pt. Times New Roman font. ...
Case Brief GuidanceSingle space and clearly label each section. A .docxwendolynhalbert
Case Brief Guidance
Single space and clearly label each section. A case brief should never exceed a page and a half (usually one page). I may not ask for you to provide all six sections for a given case, so read the assignment instructions. I have included an actual example below and note my comments about the facts, decision, and implications. You are to use only the information in the actual case (no outside help), thus no citations are necessary. You should be sure to include quotation marks if you utilize a direct sentence or phrase. A rubric for scoring is provided in the link below where you accessed this document.
Sections Usually Needed and Clearly Label Each Section:
1. Facts – In a paragraph not to exceed a half of a page, summarize the key events that led us to the presents courts review. This must include include the results of the lower courts as well.
2. Issue – What key question (maybe two) is the Supreme Court addressing? This is usually not whether the court of appeals got it right or wrong, but a legal issue that needs further examination or clarification. It is to be phrased as a question(s) and usually can be directly quoted.
3. Decision – What did the court decide with regards to the question AND what is the next course of action for the case or parties as described in the opinion? This should only two sentences max!
4. Reasoning – Why did the court decide the way they did? This should include the legal reasons for their decision and is likely as long as the facts section depending on the case.
5. Other opinions – Quickly identify what other opinions were written by Supreme Court Justices (concurring/dissenting) and by whom. You do not have to discuss what they said unless I specifically ask for that in the instructions for that case.
6. HRM/Business Implications – What will be the lasting impact of the courts decision on business and HRM practices? This section should probably be around 3 good solid sentences depending on the case.
Example:
1. Facts of the Case
The petitioner Barbara Grutter applied to the University of Michigan Law School in 1996 with a 3.8 GPA and a 161 LSAT score. Grutter was initially placed on a waitlist but was ultimately rejected by the Law School. Grutter filed suit in the United States District Court of the Eastern District of Michigan against the Regents of the university, the Dean of the Law School, the President of the university, and the Director of Admissions at the Law School. Grutter, a white female, claimed that they had discriminated against her on the basis of race which, violated the Fourteenth Amendment, Title VI of the Civil Rights Act, 78 Stat. 252, 42 U.S.C. § 2000d; and Rev. Stat. §1977, as amended, 42 U.S.C. § 1981. Grutter alleged that the University of Michigan used race as a predominant factor to grant admission to certain minority groups and that the respondents had “no compelling interest to justify their use of race in the admissions process. Grutter sued for compensato ...
InstructionsIntegral to this course will be the ability to read,.docxJeniceStuckeyoo
Instructions
Integral to this course will be the ability to read, understand, brief, and discuss the cases of the Supreme Court of the United States (SCOTUS). The following information, "How to Brief Case Law,” discusses how to master these tasks. This information will be referenced and used throughout the course, including in the unit assessments.
The official site of the Supreme Court of the United States (SCOTUS) is a useful and beneficial tool. Some cases even provide the ability to listen to the oral arguments. This site could be used to supplement any additional information the student might need.
Note: There are numerous sites on the internet that provide case briefs. If any student case briefs are copied, there will be an automatic score of zero for the respective unit.
How to Brief Case Law
A court uses the following components in case law. You should use these components when you brief, or summarize, case law. Each component is detailed below:
1) Proper and full legal citation
2) Procedural history
3) Facts
4) Issue(s)
5) Holding, including vote
6) Rule(s) of law, Legal principle that was used/created
7) Rationale reasoning/analysis use by court
8) Significance—What do we have now, that we did not have before this case?
Case Brief Explanation
Proper and full legal citation
List the title of the case and the case’s legal reference according to APA standards.
Example:
Miranda v. Arizona
, 384 U.S. 436 (1966)
Procedural history
Typically, there is a section that covers the judicial history, that is a very short summary of what happened at each preceding stage: trial court of XX found the defendant guilty (as described in the “Facts” section), (party name) appealed based upon (specify legal issue), and the appellate court affirmed or reversed, it was then appealed to the (State) Supreme Court which reversed or affirmed, and based upon the Constitutional issues of 1,2,3, (these are enumerated in the “issues” section) the case was appealed to the (name the federal court), that affirmed or reversed, and then (party name) appealed to the USSC on the grounds of (very specific constitutional grounds); the court granted certiorari (agreed to hear the case on this specific basis).
Facts of the case
Facts of the case should be the ABSOLUTE fewest words possible to convey the legally relevant issues. No details are needed unless they are specifically related to the particular legal challenge bringing us to the United States Supreme Court (USSC). It takes discipline and practice to keep this to a few lines while still capturing the essentials. This section ends with a conviction and provides a segue to the next section.
Issues
Issues are answered using yes or no question(s) that identify the larger constitutional question that will be considered by the USSC and is typically quite specific in terms of a legal issue, but not necessarily specific to the set of facts in this case. It is possible that a sing.
Prior to beginning work on this assignment, please review the articl.docxkeilenettie
Prior to beginning work on this assignment, please review the article Blended Sentencing Laws and the Punitive Turn in Juvenile Justice (Schaefer and Uggen, 2016). In addition, please review resources included in your Week 3 Annotated Bibliography assignment. Finally, examine the Building a More Just Society case scenarios multimedia below.
Background
You work as a paralegal in a public defender’s office. In an upcoming presentation to a local legislative committee, the public defender plans to address criminal justice issues, constitutional principles, cultural sensitivity, and diversity awareness to promote social justice goals in local communities. You have been asked to assist the public defender in preparing the presentation. To this end, you will explore processes and issues in three criminal cases, applications for criminology, and relevant critical perspectives toward the goal of building a more just society.
Your Task
The public defender hopes to gain funding to support programs that respond to criminal justice issues and that promote a more just society. Earlier in this course, you had an opportunity to criminology through the works of Messer et al. (2016), Salvatore (2017) and Zoutewelle-Terovan & Skardhamar (2016). These authors consider how criminology may help to explain factors that associate with crime. Recall for example the consideration of life course theory in Messer et al. (2016). To help the public defender with preparation, you have been asked to create a paper between six and eight pages in length. Your description of processes, explanation of issues, and analysis of critical perspectives will provide the foundation for the public defender’s address to the local legislative committee, and thereby promote support for programs and laws that address large societal problems and that promote the social justice principles of equality, solidarity, and human rights to build a more just society.
The public defender has come across three distinct cases that highlight the criminal justice issues that the legislature needs to address. Each case is preceded by a video summary that will comprise a portion of the public defender’s presentation to the legislative committee. To provide context for the public defender’s presentation to the legislative committee, the initial part of your paper should explain issues and describe processes about the following case scenarios:
The Three Cases
Case No. 1: Juvenile Justice and Law Enforcement
Case Description (also included in the multimedia content)
Through the process of waiver, the defendant was transferred from the juvenile justice system to the criminal justice system on drug related charges. If convicted, the defendant could receive a prison sentence. The defendant resides in an impoverished community. The public defender seeks funding for community treatment centers that respond to drug issues.
When in custody, the defendant claims that law enforcement asked incriminating ques ...
CitationStephen L. Wasby, The Functions and Importance of.docxsleeperharwell
Citation:
Stephen L. Wasby, The Functions and Importance of
Appellate Oral Argument: Some Views of Lawyers and
Federal Judges, 65 Judicature 340 (1982)
Provided by:
University of Washington Law Library
Content downloaded/printed from HeinOnline
Thu Oct 4 22:09:34 2018
-- Your use of this HeinOnline PDF indicates your
acceptance of HeinOnline's Terms and Conditions
of the license agreement available at
https://heinonline.org/HOL/License
-- The search text of this PDF is generated from
uncorrected OCR text.
-- To obtain permission to use this article beyond the scope
of your HeinOnline license, please use:
Copyright Information
Use QR Code reader to send PDF
to your smartphone or tablet device
https://heinonline.org/HOL/Page?handle=hein.journals/judica65&collection=journals&id=342&startid=342&endid=355
https://www.copyright.com/ccc/basicSearch.do?operation=go&searchType=0&lastSearch=simple&all=on&titleOrStdNo=0022-5800
The functions and importance
of appellate oral argument:
some views of lawyers and
federal judges
0
CO.,
0'
z
340 judicature Volume 65. Number 7 February, 1982
%-. M
Although some critics have proposed curtailing or
eliminating oral argument in certain cases,
both judges and lawyers believe
it plays a vital role in the appellate
process, a recent survey shows.
> by Stephen L. Wasby
~ne of the most traditional and im-
portant elements of deciding cases
on appeal is oral argument, an ele-
ment of advocacy older than writ-
lJ ten briefs in this country. Briefs originally were
not required in appeals, and oral argument
J1 continued without time limits even when
briefs were submitted. Eventually briefs did
begin to displace argument: the Supreme Court
first waived oral argument when written argu-
ments were submitted, then mandated briefs
prior to argument, and finally both reserved
argument for the most important cases and
reduced the time granted each party.t
Curtailment of oral argument in other appel-
late courts, partly the result of caseload pres-
sure, has attracted continued attention. Var-
ious sources have warned that eliminating oral
argument in all cases would harm the appel-
late process. 2 Most recently, the Devitt Com-
mittee (the Committee to Consider Standards
for Admission to Practice in the Federal Courts
of the Judicial Conference of the United States)
brought further attention to legal advocacy at
both trial and appellate levels. The "substan-
tially divided" committee, however, made no
recommendations concerning appellate advo-
cacy because it found "the problems presented
... not sufficiently serious to call for the recom-
mending of remedies" 3-at least by compari-
son with trial advocacy, to which the commit-
tee devoted the bulk of its attention. Despite the
Devitt Committee's view, appellate advocacy
remains of considerable importance.
Recent literature shows tension between two.
Assignment 1: Fourth, Fifth, and Sixth Amendment Rights
Due Week 4 and worth 150 points
The Fourth Amendment to the U.S. Constitution protects citizens against police officers making unreasonable searches and seizures of personal property. The Fifth and Sixth Amendments guarantee the procedures that the courts and police must use to ensure fair treatment of persons arrested for crimes.
Analyze the following cases in preparation for a systematic approach for a synthesis of law and fact.
LEG 420 Massive Success / snaptutorial.comStephenson159
Due Week 4 and worth 150 points
The Fourth Amendment to the U.S. Constitution protects citizens against police officers making unreasonable searches and seizures of personal property. The Fifth and Sixth Amendments guarantee the procedures that the courts and police must use to ensure fair treatment of persons arrested for crimes.
ATTACHED ARE ARTICLES AND MY ANNOTATED BIBLIOGRAPHY TO ASSIST WITH Apetuniahita
ATTACHED ARE ARTICLES AND MY ANNOTATED BIBLIOGRAPHY TO ASSIST WITH ASSIGNMENT.
Prior to beginning work on this assignment, please review the article Blended Sentencing Laws and the Punitive Turn in Juvenile Justice (Schaefer and Uggen, 2016). In addition, please review resources included in your Week 3 Annotated Bibliography assignment. Finally, examine the Building a More Just Society case scenarios multimedia below.
Background
You work as a paralegal in a public defender’s office. In an upcoming presentation to a local legislative committee, the public defender plans to address criminal justice issues, constitutional principles, cultural sensitivity, and diversity awareness to promote social justice goals in local communities. You have been asked to assist the public defender in preparing the presentation. To this end, you will explore processes and issues in three criminal cases, applications for criminology, and relevant critical perspectives toward the goal of building a more just society.
Your Task
The public defender hopes to gain funding to support programs that respond to criminal justice issues and that promote a more just society. Earlier in this course, you had an opportunity to criminology through the works of Messer et al. (2016), Salvatore (2017) and Zoutewelle-Terovan & Skardhamar (2016). These authors consider how criminology may help to explain factors that associate with crime. Recall for example the consideration of life course theory in Messer et al. (2016). To help the public defender with preparation, you have been asked to create a paper between six and eight pages in length. Your description of processes, explanation of issues, and analysis of critical perspectives will provide the foundation for the public defender’s address to the local legislative committee, and thereby promote support for programs and laws that address large societal problems and that promote the social justice principles of equality, solidarity, and human rights to build a more just society.
The public defender has come across three distinct cases that highlight the criminal justice issues that the legislature needs to address. Each case is preceded by a video summary that will comprise a portion of the public defender’s presentation to the legislative committee. To provide context for the public defender’s presentation to the legislative committee, the initial part of your paper should explain issues and describe processes about the following case scenarios:
Case No. 1: Juvenile Justice and Law Enforcement
Case Description (also included in the multimedia content)
Through the process of waiver, the defendant was transferred from the juvenile justice system to the criminal justice system on drug related charges. If convicted, the defendant could receive a prison sentence. The defendant resides in an impoverished community. The public defender seeks funding for community treatment centers that respond to drug issues.
When in cu ...
Case Brief GuidanceSingle space and clearly label each section. A .docxwendolynhalbert
Case Brief Guidance
Single space and clearly label each section. A case brief should never exceed a page and a half (usually one page). I may not ask for you to provide all six sections for a given case, so read the assignment instructions. I have included an actual example below and note my comments about the facts, decision, and implications. You are to use only the information in the actual case (no outside help), thus no citations are necessary. You should be sure to include quotation marks if you utilize a direct sentence or phrase. A rubric for scoring is provided in the link below where you accessed this document.
Sections Usually Needed and Clearly Label Each Section:
1. Facts – In a paragraph not to exceed a half of a page, summarize the key events that led us to the presents courts review. This must include include the results of the lower courts as well.
2. Issue – What key question (maybe two) is the Supreme Court addressing? This is usually not whether the court of appeals got it right or wrong, but a legal issue that needs further examination or clarification. It is to be phrased as a question(s) and usually can be directly quoted.
3. Decision – What did the court decide with regards to the question AND what is the next course of action for the case or parties as described in the opinion? This should only two sentences max!
4. Reasoning – Why did the court decide the way they did? This should include the legal reasons for their decision and is likely as long as the facts section depending on the case.
5. Other opinions – Quickly identify what other opinions were written by Supreme Court Justices (concurring/dissenting) and by whom. You do not have to discuss what they said unless I specifically ask for that in the instructions for that case.
6. HRM/Business Implications – What will be the lasting impact of the courts decision on business and HRM practices? This section should probably be around 3 good solid sentences depending on the case.
Example:
1. Facts of the Case
The petitioner Barbara Grutter applied to the University of Michigan Law School in 1996 with a 3.8 GPA and a 161 LSAT score. Grutter was initially placed on a waitlist but was ultimately rejected by the Law School. Grutter filed suit in the United States District Court of the Eastern District of Michigan against the Regents of the university, the Dean of the Law School, the President of the university, and the Director of Admissions at the Law School. Grutter, a white female, claimed that they had discriminated against her on the basis of race which, violated the Fourteenth Amendment, Title VI of the Civil Rights Act, 78 Stat. 252, 42 U.S.C. § 2000d; and Rev. Stat. §1977, as amended, 42 U.S.C. § 1981. Grutter alleged that the University of Michigan used race as a predominant factor to grant admission to certain minority groups and that the respondents had “no compelling interest to justify their use of race in the admissions process. Grutter sued for compensato ...
InstructionsIntegral to this course will be the ability to read,.docxJeniceStuckeyoo
Instructions
Integral to this course will be the ability to read, understand, brief, and discuss the cases of the Supreme Court of the United States (SCOTUS). The following information, "How to Brief Case Law,” discusses how to master these tasks. This information will be referenced and used throughout the course, including in the unit assessments.
The official site of the Supreme Court of the United States (SCOTUS) is a useful and beneficial tool. Some cases even provide the ability to listen to the oral arguments. This site could be used to supplement any additional information the student might need.
Note: There are numerous sites on the internet that provide case briefs. If any student case briefs are copied, there will be an automatic score of zero for the respective unit.
How to Brief Case Law
A court uses the following components in case law. You should use these components when you brief, or summarize, case law. Each component is detailed below:
1) Proper and full legal citation
2) Procedural history
3) Facts
4) Issue(s)
5) Holding, including vote
6) Rule(s) of law, Legal principle that was used/created
7) Rationale reasoning/analysis use by court
8) Significance—What do we have now, that we did not have before this case?
Case Brief Explanation
Proper and full legal citation
List the title of the case and the case’s legal reference according to APA standards.
Example:
Miranda v. Arizona
, 384 U.S. 436 (1966)
Procedural history
Typically, there is a section that covers the judicial history, that is a very short summary of what happened at each preceding stage: trial court of XX found the defendant guilty (as described in the “Facts” section), (party name) appealed based upon (specify legal issue), and the appellate court affirmed or reversed, it was then appealed to the (State) Supreme Court which reversed or affirmed, and based upon the Constitutional issues of 1,2,3, (these are enumerated in the “issues” section) the case was appealed to the (name the federal court), that affirmed or reversed, and then (party name) appealed to the USSC on the grounds of (very specific constitutional grounds); the court granted certiorari (agreed to hear the case on this specific basis).
Facts of the case
Facts of the case should be the ABSOLUTE fewest words possible to convey the legally relevant issues. No details are needed unless they are specifically related to the particular legal challenge bringing us to the United States Supreme Court (USSC). It takes discipline and practice to keep this to a few lines while still capturing the essentials. This section ends with a conviction and provides a segue to the next section.
Issues
Issues are answered using yes or no question(s) that identify the larger constitutional question that will be considered by the USSC and is typically quite specific in terms of a legal issue, but not necessarily specific to the set of facts in this case. It is possible that a sing.
Prior to beginning work on this assignment, please review the articl.docxkeilenettie
Prior to beginning work on this assignment, please review the article Blended Sentencing Laws and the Punitive Turn in Juvenile Justice (Schaefer and Uggen, 2016). In addition, please review resources included in your Week 3 Annotated Bibliography assignment. Finally, examine the Building a More Just Society case scenarios multimedia below.
Background
You work as a paralegal in a public defender’s office. In an upcoming presentation to a local legislative committee, the public defender plans to address criminal justice issues, constitutional principles, cultural sensitivity, and diversity awareness to promote social justice goals in local communities. You have been asked to assist the public defender in preparing the presentation. To this end, you will explore processes and issues in three criminal cases, applications for criminology, and relevant critical perspectives toward the goal of building a more just society.
Your Task
The public defender hopes to gain funding to support programs that respond to criminal justice issues and that promote a more just society. Earlier in this course, you had an opportunity to criminology through the works of Messer et al. (2016), Salvatore (2017) and Zoutewelle-Terovan & Skardhamar (2016). These authors consider how criminology may help to explain factors that associate with crime. Recall for example the consideration of life course theory in Messer et al. (2016). To help the public defender with preparation, you have been asked to create a paper between six and eight pages in length. Your description of processes, explanation of issues, and analysis of critical perspectives will provide the foundation for the public defender’s address to the local legislative committee, and thereby promote support for programs and laws that address large societal problems and that promote the social justice principles of equality, solidarity, and human rights to build a more just society.
The public defender has come across three distinct cases that highlight the criminal justice issues that the legislature needs to address. Each case is preceded by a video summary that will comprise a portion of the public defender’s presentation to the legislative committee. To provide context for the public defender’s presentation to the legislative committee, the initial part of your paper should explain issues and describe processes about the following case scenarios:
The Three Cases
Case No. 1: Juvenile Justice and Law Enforcement
Case Description (also included in the multimedia content)
Through the process of waiver, the defendant was transferred from the juvenile justice system to the criminal justice system on drug related charges. If convicted, the defendant could receive a prison sentence. The defendant resides in an impoverished community. The public defender seeks funding for community treatment centers that respond to drug issues.
When in custody, the defendant claims that law enforcement asked incriminating ques ...
CitationStephen L. Wasby, The Functions and Importance of.docxsleeperharwell
Citation:
Stephen L. Wasby, The Functions and Importance of
Appellate Oral Argument: Some Views of Lawyers and
Federal Judges, 65 Judicature 340 (1982)
Provided by:
University of Washington Law Library
Content downloaded/printed from HeinOnline
Thu Oct 4 22:09:34 2018
-- Your use of this HeinOnline PDF indicates your
acceptance of HeinOnline's Terms and Conditions
of the license agreement available at
https://heinonline.org/HOL/License
-- The search text of this PDF is generated from
uncorrected OCR text.
-- To obtain permission to use this article beyond the scope
of your HeinOnline license, please use:
Copyright Information
Use QR Code reader to send PDF
to your smartphone or tablet device
https://heinonline.org/HOL/Page?handle=hein.journals/judica65&collection=journals&id=342&startid=342&endid=355
https://www.copyright.com/ccc/basicSearch.do?operation=go&searchType=0&lastSearch=simple&all=on&titleOrStdNo=0022-5800
The functions and importance
of appellate oral argument:
some views of lawyers and
federal judges
0
CO.,
0'
z
340 judicature Volume 65. Number 7 February, 1982
%-. M
Although some critics have proposed curtailing or
eliminating oral argument in certain cases,
both judges and lawyers believe
it plays a vital role in the appellate
process, a recent survey shows.
> by Stephen L. Wasby
~ne of the most traditional and im-
portant elements of deciding cases
on appeal is oral argument, an ele-
ment of advocacy older than writ-
lJ ten briefs in this country. Briefs originally were
not required in appeals, and oral argument
J1 continued without time limits even when
briefs were submitted. Eventually briefs did
begin to displace argument: the Supreme Court
first waived oral argument when written argu-
ments were submitted, then mandated briefs
prior to argument, and finally both reserved
argument for the most important cases and
reduced the time granted each party.t
Curtailment of oral argument in other appel-
late courts, partly the result of caseload pres-
sure, has attracted continued attention. Var-
ious sources have warned that eliminating oral
argument in all cases would harm the appel-
late process. 2 Most recently, the Devitt Com-
mittee (the Committee to Consider Standards
for Admission to Practice in the Federal Courts
of the Judicial Conference of the United States)
brought further attention to legal advocacy at
both trial and appellate levels. The "substan-
tially divided" committee, however, made no
recommendations concerning appellate advo-
cacy because it found "the problems presented
... not sufficiently serious to call for the recom-
mending of remedies" 3-at least by compari-
son with trial advocacy, to which the commit-
tee devoted the bulk of its attention. Despite the
Devitt Committee's view, appellate advocacy
remains of considerable importance.
Recent literature shows tension between two.
Assignment 1: Fourth, Fifth, and Sixth Amendment Rights
Due Week 4 and worth 150 points
The Fourth Amendment to the U.S. Constitution protects citizens against police officers making unreasonable searches and seizures of personal property. The Fifth and Sixth Amendments guarantee the procedures that the courts and police must use to ensure fair treatment of persons arrested for crimes.
Analyze the following cases in preparation for a systematic approach for a synthesis of law and fact.
LEG 420 Massive Success / snaptutorial.comStephenson159
Due Week 4 and worth 150 points
The Fourth Amendment to the U.S. Constitution protects citizens against police officers making unreasonable searches and seizures of personal property. The Fifth and Sixth Amendments guarantee the procedures that the courts and police must use to ensure fair treatment of persons arrested for crimes.
ATTACHED ARE ARTICLES AND MY ANNOTATED BIBLIOGRAPHY TO ASSIST WITH Apetuniahita
ATTACHED ARE ARTICLES AND MY ANNOTATED BIBLIOGRAPHY TO ASSIST WITH ASSIGNMENT.
Prior to beginning work on this assignment, please review the article Blended Sentencing Laws and the Punitive Turn in Juvenile Justice (Schaefer and Uggen, 2016). In addition, please review resources included in your Week 3 Annotated Bibliography assignment. Finally, examine the Building a More Just Society case scenarios multimedia below.
Background
You work as a paralegal in a public defender’s office. In an upcoming presentation to a local legislative committee, the public defender plans to address criminal justice issues, constitutional principles, cultural sensitivity, and diversity awareness to promote social justice goals in local communities. You have been asked to assist the public defender in preparing the presentation. To this end, you will explore processes and issues in three criminal cases, applications for criminology, and relevant critical perspectives toward the goal of building a more just society.
Your Task
The public defender hopes to gain funding to support programs that respond to criminal justice issues and that promote a more just society. Earlier in this course, you had an opportunity to criminology through the works of Messer et al. (2016), Salvatore (2017) and Zoutewelle-Terovan & Skardhamar (2016). These authors consider how criminology may help to explain factors that associate with crime. Recall for example the consideration of life course theory in Messer et al. (2016). To help the public defender with preparation, you have been asked to create a paper between six and eight pages in length. Your description of processes, explanation of issues, and analysis of critical perspectives will provide the foundation for the public defender’s address to the local legislative committee, and thereby promote support for programs and laws that address large societal problems and that promote the social justice principles of equality, solidarity, and human rights to build a more just society.
The public defender has come across three distinct cases that highlight the criminal justice issues that the legislature needs to address. Each case is preceded by a video summary that will comprise a portion of the public defender’s presentation to the legislative committee. To provide context for the public defender’s presentation to the legislative committee, the initial part of your paper should explain issues and describe processes about the following case scenarios:
Case No. 1: Juvenile Justice and Law Enforcement
Case Description (also included in the multimedia content)
Through the process of waiver, the defendant was transferred from the juvenile justice system to the criminal justice system on drug related charges. If convicted, the defendant could receive a prison sentence. The defendant resides in an impoverished community. The public defender seeks funding for community treatment centers that respond to drug issues.
When in cu ...
1 How to B rief a Case Prepared for the L egTatianaMajor22
1
How to B rief a Case
Prepared for the L egal Studies Program
Amer ican Public University System
December 2013
Introduction: A case brief is a concise summary of the significance of a case. It is a bit
like but with very special rules! It is a time-honored practice used throughout
the legal profession and law schools. As a teaching tool, the case brief forces the student to
identify and provide a written description of the most important aspects of a case. Legal
precedent, also known as Stare Decisis, is a doctrine which governs much of our legal process.
and the
rationale underlying it ---- that is, how the judges arrived at their decision ---- is essential to
the study of law. The case brief serves as a very useful vehicle by means of which to analyze
and understand judicial decisions.
A case brie
aspects of a case. A case brief is not an invitation to re-write the opinion or to paste together
ed on your
understanding of the case. Of cour words can be useful, if used
sparingly. A case brief should be concise; it should be no more than 1-2 pages. There are at least
several different methods or models for writing the case brief; these are based on personal
preferences. In the Legal Studies Program, however, the format described here will be used for
all of the case briefs which you are required to write in your courses. By using this uniform
format, you will gain familiarity with the case analysis and brief writing process.
opinion, rather than a mere summary. Therefore, the first step in the brief writing process is
always to thoroughly read the entire case. This includes reading any concurring and dissenting
opinions of members of the court. In this regard, be very sure that you are reading the entire
opinion! In some internet based sources, the Syllabus (headnotes/summary) of the opinion is
presented at one link, the majority opinion is presented at another link, etc. You need to read all
portions of the opinion as all of them are relevant to your analysis of the case. For example, if
there are strong dissenting opinions based on key legal points, this could predict what the court
might decide in the future on similar issues.
1. Case Name and C itation: As a header on the first page of your brief, you should state
citation to the case. (See Bluebook resources in the APUS library for more information about
Bluebook format.) It is essential that the reader of your case brief know who initiated the
litigation and who appealed. For example, in the sample case brief of the Delahanty case (see
accompanying materials), Thomas and Jean Delahanty are clearly identified as the plaintiffs
(parties who initiated the litigation) and as appellants (parties who sought appellate review of the
2
legal reporter in which the opinion is found, the volume and page on which the case appears, and
the year in which the case was decided.
2. Facts ...
How To Brief a Case Confusion often arises over the term le.docxwellesleyterresa
How To Brief a Case
Confusion often arises over the term “legal brief.” There are at least two different senses in which the term is
used.
Appellate brief
An appellate brief is a written legal argument presented to an appellate court. Its purpose is to persuade the
higher court to uphold or reverse the trial court’s decision. Briefs of this kind are therefore geared to presenting
the issues involved in the case from the perspective of one side only.
Appellate briefs from both sides can be very valuable to anyone assessing the legal issues raised in a case.
Unfortunately, they are rarely published. The U.S. Supreme Court is the only court for which briefs are
regularly available in published form. The Landmark Briefs series (REF. LAW KF 101.9 .K8) includes the
full texts of briefs relating to a very few of the many cases heard by this court. In addition, summaries of the
briefs filed on behalf of the plaintiff or defendant for all cases reported are included in the U.S. Supreme Court
Reports. Lawyer’s Ed., 2nd. series (REF. LAW KF 101 .A42).
Student brief
A student brief is a short summary and analysis of the case prepared for use in classroom discussion. It is a set
of notes, presented in a systematic way, in order to sort out the parties, identify the issues, ascertain what was
decided, and analyze the reasoning behind decisions made by the courts.
Although student briefs always include the same items of information, the form in which these items are set out
can vary. Before committing yourself to a particular form for briefing cases, check with your instructor to
ensure that the form you have chosen is acceptable.
THE PARTIES AND HOW TO KEEP TRACK OF THEM
Beginning students often have difficulty identifying relationships between the parties involved in court cases.
The following definitions may help:
Plaintiffs sue defendants in civil suits in trial courts.
The government (state or federal) prosecutes defendants in criminal cases in trial courts.
The losing party in a criminal prosecution or a civil action may ask a higher (appellate) court to review the case
on the ground that the trial court judge made a mistake. If the law gives the loser the right to a higher court
review, his or her lawyers will appeal. If the loser does not have this right, his or her lawyers may ask the court
for a writ of certiorari. Under this procedure, the appellate court is being asked to exercise its lawful discretion
in granting the cases a hearing for review.
For example, a defendant convicted in a federal district court has the right to appeal this decision in the Court of
Appeals of the circuit and this court cannot refuse to hear it. The party losing in this appellate court can request
that the case be reviewed by the Supreme Court, but, unless certain special circumstances apply, has no right to
a hearing.
These two procedures, appeals and petitions for certiorari, are sometimes loosely grouped togeth ...
Essay Summary of Bilingual Education - PHDessay.com. Educating Emergent Bilinguals Essay Example | Topics and Well Written .... The advantages of bilingual education essay 1268 words. Bilingualism Essay – Telegraph. Taxonomy of Bilingualism: 3. School and Academic Levels of Bilingualism .... Bilingual education pros essay - gcisdk12.web.fc2.com. (PDF) Understanding Bilingual Education 1: Analyzing Purposes of .... Being Bilingual: Important Skill in a Globalized World Free Essay Example. The Effectiveness of Bilingual Education in K-12 Setting Essay Example .... Bilingual education. Bilingual Education. Pin on Bilingual education. Benefits of Bilingualism: Why Is Bilingual Education Important. Language Acquisition and Being Bilingual Free Essay Example. Bilingual Original Essay | Multilingualism | Second Language .... Bilingual Education Essay Example | Topics and Well Written Essays .... Bilingual education Research Paper Example | Topics and Well Written .... Bilingual education term papers. (PDF) Transitional Bilingual Education and Two-Way Immersion Programs .... (PDF) Strategies for First-Year University ESL Students to Improve .... Being Bilingual: The Challenges and Opportunities of Bilingual Essay. ⭐ Bilingualism essay. Bilingual Profile Essay. 2022-10-12. Bilingual education essay | Proessay.com. 10 EL 104 - Bilingual Education and The Bilingual Education Policy In ....
The final project for this course is the creation of a scenario anal.docxtodd771
The final project for this course is the creation of a scenario analysis. Federal, state, and local judicial systems each have unique processes and require administration to effectively move cases through the systems. Players from each system interact in the administration of justice; therefore, it is important to understand how the systems work and engage with each other for efficient judicial administration. Understanding how judicial systems work is key for anyone looking to pursue a career within the courts. In this assessment, you will examine and evaluate the roles and processes of the systems, regardless of your position within the systems. Through analyzing a scenario, you will determine proper venue, jurisdiction, and litigation process, as well as make administrative decisions. You will also assume multiple perspectives in order to determine efficient and effective ways to move a case through the judicial process. The project is divided into two milestones, which will be submitted at various points throughout the course to scaffold learning and ensure quality final submissions. These milestones will be submitted in Modules Three and Five. The final product will be submitted in Module Seven. In this assignment, you will demonstrate your mastery of the following course outcomes: Analyze venue and jurisdiction for their implications to different levels of government Illustrate the various roles played in the judicial system for informing the development of effective administration strategies Assess the function of calendars and dockets in the legal system for creating efficiency Evaluate the civil and criminal litigation processes at different levels of government for their ability to efficiently carry out justice Prompt In this assessment, you will analyze and evaluate the following scenario from the perspectives of an attorney and a judge. You will address how this scenario would be handled by the judicial systems by creating a scenario analysis. Based on the scenario, examine how it would be tried within the judicial systems. Scenario Jed, Herman, and Jane live in Washington, D.C. Jed and Jane entered the local bank and took $65,000. Jed and Herman both used shotguns during the robbery, though no one was hurt. Jane drove the getaway vehicle. Two hours later, as they headed toward the Canadian border, they were stopped by the police for speeding and taken into custody. The police determined that Jed and Jane matched the eyewitness descriptions of the robbers. Jane confessed their bank robbery scheme. Jed and Herman denied their involvement. The police only recovered $25,000 in cash, but were unable to determine if the recovered money was taken from the bank. The police determined that Jed was a convicted felon at the time of the armed bank robbery. The local police and FBI were involved in the investigation. The defense attorneys for each defendant (Jed, Herman, Jane) request a continuance for four months to sift through the .
Surname 4
Memorandum
To:
From:
Date:
Subject: Disclosure of Past Misconduct by Officers
One of the dilemmas that face the courts today is what a prosecutor should do if he or she is aware of the past misconduct of a police officer involved in the case. In other words, is the prosecutor obliged to disclose such past misconducts or dishonesty by the officer who is involved in a pending case to the defendant? However, the answer to the question is that it is not an obligation and the prosecution may sometimes disclose such issues (Welty, 1). More importantly, the dishonesty or misconduct of the officer serves as a tool for impeachment in the ongoing case. The cases of Brady v. Maryland, 373 U.S. 83 (1963), Giglio v. United States, 405 U.S. 150 (1972) and the United States v. Agurs, 427 U. S. 97 (1976) are used here to analyze the subject.
Noteworthy, a number of factors determine whether the misconduct or dishonesty by an officer is important in the pending case. First, the case must take into consideration how long ago the dishonesty or misconduct took place. For that matter, the more recent the misconduct the higher the chances that it will be considered valuable to the pending case. Furthermore, the case considers how serious the misconduct by the officer was. Therefore, more serious acts will obviously be considered material to the case. In addition, consideration must be given to how conclusively the case of the misconduct was established. The information will thus be material only if it is more likely that the officer engaged in the misconduct. In certain situations, the dishonesty may have resulted in a fact pattern similar to the current case. For instance, an officer may falsify a search warrant in both former case and current case and as such, the information is considered material.
More importantly, it must be considered whether the role of the officer in question is key to the current case or just peripheral. In addition, the case must determine whether the defendant in the case is planning to present his/her case based on the dishonesty or misconduct of the officer. If an officer plays a key role in the case, the information concerning misconduct will be vital. Similarly, if the defendant plans to use the dishonesty or misconduct information by the officer to present the case, the information is regarded as important. Finally, the judges consider whether the misconduct evidence is found in personnel records or in some less private sources. Information from personnel records is more reliable as they are subject to privacy.
In the Brady v. Maryland case, the Supreme Court ruled that for the defendant to have a fair trial, his/her attorney must be allowed access to exculpatory meant to demonstrate innocence. John Brady and Charles Boblit were accused of robbing and killing (Bass, 121). They were tried separately upon arrest and convicted for murder. However, Brady wanted to avoid death penalty and hence he admitted to have particip.
As you have seen throughout this week, the requirements document i.docxfredharris32
As you have seen throughout this week, the requirements document is an important part of IT planning, regardless of the strategy you are going to employ. This week, you will create a plan for developing a request for proposal document, which relies upon the requirements you create.
Take a look at thissample RFP, released in April of 2008 by the State of California. Consider the needs that had to go into the creation of requirements for this RFP: the need for data standards and the integration of records, patient data security and privacy considerations, the creation of new procedures and technologies, and more. This RFP does not limit the technological solutions by cost or buy vs.build. Consider the following questions:
· How did the writer(s) of this RFP assemble the information it contains?
· Who were the collaborators and informants with whom the writer(s) might have worked?
· And, what criteria outside his or her own institution did the writer(s) have to consider?
Create a plan for developing a Request for Proposal document for an immunization database in your state. Include the following information:
· An outline of the sections and subsections the RFP should contain.
· A general statement of the various requirements for the project.
· Any special considerations that must be taken into account, and why (i.e., patient data security and privacy).
For further reference, you may wish to review Chapters 7, 8, 11, 22, and 32 of your O'Carroll course textbook. You may also visithttp://www.rfpdb.com/ or search the Web for other freely posted RFPs for additional examples of RFP documents.
CALIFORNIA PRISON HEALTH CARE RECEIVERSHIP CORPORATION
OFFICE OF THE RECEIVER
REQUEST FOR PROPOSALS
FOR CORRECTIONAL HEALTH RECORDS
PROFESSIONAL MANAGEMENT SERVICES
FOR CALIFORNIA ADULT PRISON FACILITIES
April 4, 2008
PROPOSALS DUE:
June 3, 2008
CONTACT: JUSTIN GRAHAM, MD MS
CHIEF MEDICAL INFORMATION OFFICER
501 J Street
P.O. BOX 4038
Sacramento, CA 95812-4038
[email protected]
California Prison Health Care Receiver
RFP for Professional Health Records Management Services
TABLE OF CONTENTS
I. REQUEST................................................................................................................ 1
II. BACKGROUND....................................................................................................... 1
III. ANTICIPATED SCOPE OF SERVICES ............................................................... 4
V. SELECTION PROCESS ........................................................................................ 14
VI. EVALUATION CRITERIA .................................................................................. 14
VII. SUBMITTAL REQUIREMENTS ......................................................................... 17
APPENDIX A: - JA HIM WHITE PAPER ...................................................................... 2 ...
NCAA CONCUSSION MDL, ORDER AND PLAINTIFFS EXECUTIVE COMMITTEEmzamoralaw
The NCAA will also provide concussion education to athletes, coaches and trainers before each season. And medical personnel will be present at each “contact sport,” including football, lacrosse, wrestling, ice hockey, field hockey, soccer and basketball.
The $70 million figure could include as much as $15 million in attorney fees and up to $750,000 in out-of-pocket expenses. NCAA insurers are expected to pay at least part of the settlement, NCAA Chief Legal Officer Donald Remy said on the association’s website.
attorneys listed in the settlement as counsel for the plaintiff class are Seattle-based Steve W. Berman of Hagens, and Mark Zamora of The Orlando Law Firm P.C. in Decatur, Ga. AMONG OTHERS
IST 309 Team-ProjectA. Write about laws of Drones. (Like Privacy.docxpriestmanmable
IST 309 Team-Project
A. Write about laws of Drones. (Like Privacy rights or public concerns)NO TITLE PAGE!
B. The main content of my paper is talking about Laws of public concerns, so don’t talking about military or famers or other things!
C. You must read these three articles and quote these articles, moreover use these articles as your references.
http://www.nationaljournal.com/tech/few-privacy-limitations-exist-on-how-police-use-drones-20150205
http://www.utsandiego.com/news/2015/mar/05/drones-california-police-sacramento-privacy/
http://www.brookings.edu/research/reports2/2014/11/drones-and-aerial-surveillance
D. APA format, double space, NO INTRODUTION, NO HISTORY, because it is a team project and I need write a Laws Part on it. Other team member will do introduction and history part. SO, PLEASE just write LAWS of Drones!
E. This is the order of my paper.
1. A starting of Laws of Drones. The following is a example, you need to write like that, but you cannot copy it:
(As drones become cheaper and more capable, more police departments across the country are asking for and getting federal approval to use them for law enforcement.
But the Federal Aviation Administration only takes safety into consideration when it grants a law enforcement agency approval to use drones, leaving privacy protections to legislation—which, depending on the state in question, may or may not exist.)
2. Give a Real Example of Drones.
a) How Drones invasion of Privacy? Give a real example of it. Like Drone fly to someone’s backyard without search warrant.
b) Talk about a certain law about Drones of privacy protection.
c) How public feels about it? How public concerns about it?
3. Talk about two Police Departments have different views: Mesa County and other law enforcement agencies. You need to write down the following content on my paper.(You can get a lot information from first article).
a) Mesa County proactive role in drones and publics concerns
i. Largent Drone Program in the US
ii. 17 pages Policy Manual on Drones
b) Other Law Enforcement agencies played a more secretive role in deploying Drones.
4. Bills and Government Regulation. (You can get more information from second article).
a) Write Laws SB-142 and AB-56, and list the main points of Drones from these two laws.
b) Talk about Government Regulations.
5. The views of Gregory McNeal(You can get more information from third article)
a) Give an introduction of Gregory McNeal, like Gregory McNeal who is Professor of Pepperdine University and also is an Expert in Law and Public Policy.
b) Talk about Gregory McNeal’s Main Focus: security, technology and crime.
c) Write about Five Core Recommendations of Gregory McNeal.
d) Give more details or explain Fifth Point of McNeal. It’s following one.
(5. Legislators should recognize that technology such as geofencing and auto-redaction, may make aerial surveillance by drones more protective of privacy than human surveillance.)
State Court System
Chapte ...
1 Saint Leo University CRMPOL 123 Introduction.docxjeremylockett77
1
Saint Leo University
CRM/POL 123
Introduction to Law and the Legal System
Course Description:
This course is an introductory survey of the history, structures, and processes of the U.S. legal system.
It is designed to be taken as a first University-level course in law and should precede more specialized
courses such as criminal, business, or constitutional law. Covered are basic legal concepts such as due
process, the structure of the U.S. court system, and the major subdivisions of law such as civil procedure,
criminal procedure, and the law of torts. The role of law in society, the analysis of judicial reasoning, and
the application of legal concepts to factual situations are stressed.
Prerequisite:
None
Textbook:
The textbook information which appears on our Saint Leo Bookstore ordering site is as follows:
Schubert (2015). Introduction to Law and the Legal System 11thEdition. Loose-leaf
(Custom) ISBN-13: 978-1-337-68560-3
Schubert (2015). Introduction to Law and the Legal System 11thEdition. E-Book
(Custom) ISBN-13: 978-1-337-56847-0
Your custom textbook was created from the following National text(s):
Schubert (2015). Introduction to Law and the Legal System 11th Edition
ISBN-13: 978-1-285-43825-2
Ch. 1-9
Samaha (2015). Criminal Procedure 9th Edition
ISBN-13: 978-1-285-45787-1
Ch. 1-8, 10 & 15
Course Objectives:
1. Students must demonstrate a basic understanding of legal concepts such as substantive and
procedural due process, constitutional interpretation, appellate review, and the history of the U.S.
legal system.
2. Students must be familiar with the structure and jurisdiction of the U.S. court systems.
3. Students must demonstrate a basic familiarity with civil procedure.
4. Students should be able to demonstrate that they can brief and understand appellate court
decisions.
5. Students should be able to demonstrate that they know how to apply case and statutory law to
factual situations.
6. Students must demonstrate a basic familiarity with criminal law and procedure.
7. Students must be aware of the applications of equity and the spectrum of judicial remedies.
8. Students must demonstrate a basic familiarity with alternative dispute resolution.
9. Students must demonstrate a basic familiarity with contracts.
10. Students must demonstrate a basic familiarity with the law of torts.
11. Students must demonstrate a basic familiarity with the relationship between legislation and court
law.
12. Students must be aware of the applications of administrative regulations.
Core Value:
2
Personal Development: Saint Leo University stresses the development of every person’s mind, spirit, and
body for a balanced life. All members of the Saint Leo University community must demonstrate their
commitment to personal development to help strengthen the character of our community.
Evaluation:
Assignment % of Grade
Discussions (8) 8
Case Bri ...
Running Head W2 Case StudiesW2 Case Studies2.docxjenkinsmandie
Running Head: W2: Case Studies
W2: Case Studies
2
Bismit Pratapsingh
University of the Cumberland’s
ITS-531-09 Business Intelligence
Professor: Dr. Michael Jones
1st Nov 2019
Table of Contents
Introduction2
Application case 2
1. Description of the benefits of implementation of continental go forward strategy2
2. Explanation of the reason for which it is important to use a real time data warehouse2
4. Strategic advantage of using real time system rather than using a traditional information system3
Application case4
1. Premier 4
2. Primary challenges of premier to achieve the vision4
3.
Solution
provided by IBM and other partner4
4. Results and other benefits5
Conclusion5
Introduction
Airlines domain has a number of critical aspects that are required to be integrated within the account. It can be stated that all the significant management of this study are required to be managed in such a way the accountability is maximized. It is quite critical to understand that the essential elements are required to be managed extensively within the business domain. This study includes aspects such as go forward strategy and real time dta warehousing. Application case
1. Description of the benefits of implementation of continental go forward strategy
Go forward strategy refers to a critical element that is associated with four interrelated parts within the same time limit that relates as a strong apparatus for setting the association with in the right choice. The advantages in this domain are dynamic in nature. The primary advantages in this domain can be identified below.
· Go forward strategy have helped the continental airlines for setting up a range of noteworthy approaches for modifying the industry status from first to top selection
· The discovery as well as innovation has reformed as progressively based for supporting the specific activities.
· The strategy is extremely vital in terms of quality management
· Cost reduction is another prime benefit in relation to the continental go forward strategy
· Disposal of fraud is another critical element that is incorporated within the beneficiary account.
2. Explanation of the reason for which it is important to use a real time data warehouse
Real time data warehouse is extremely critical to be implemented by airlines. It can be identified that the airlines have multiple domains that are required to be taken into account by the airlines. A number of critical alignments are associated with it. Data warehousing is one of the primary aspects within the context of airlines domain. It is quite evident that all the systematic management in this domain are required to be integrated in such a manner that the accountability is maximized. It is quite important to understand that all the situational perspectives are required to be integrated within this domain for the betterment of the organization. The refresh rate of real time data warehousing is extremely high. As a result of that, RDW is ext.
Running head VENICE FAMILY CLINIC 1VENICE FAMILY CLINIC.docxjenkinsmandie
Running head: VENICE FAMILY CLINIC 1
VENICE FAMILY CLINIC 4
Venice Family Clinic
Introduction
Venice Family Clinic (VFC) is well‐known for giving quality wellbeing services to populaces deprived through a powerful volunteer model. Established in 1970, it has a long history of volunteerism, which has been coordinated into the way of life of the association. There is great leadership involvement in the model just as an internal framework set up to enlist and support volunteer doctors, including clinic space, systems for scheduling patients, and a full‐time volunteer organizer. Additionally, VFC has longstanding relationships with private healthcare facilities in the region.
A department likely to exist within the organization
VFC has a unit that offers psychiatric health services that incorporates counseling, mental services, and psychosocial support identified with the social stress of poverty, homelessness, joblessness, and aggressive behavior at home. Services include emergency intercession just as an individual, family, and group treatment. Albeit, once in a while, challenges make it difficult to pick an ideal setting; it is significant as well, where conceivable, think about privacy. VFC thinks about confidentiality as one of the keys to excellent communication, as the client is probably going to reveal data of a private and sensitive nature (Carroll & Richardson, 2016).
The financial condition of the Clinic
Venice's family clinic financial report of 2012 current liabilities is 3,398, 342, while the total existing assets total up to 9,913,386. Therefore, 2.89 is the current ratio of the clinic. This ratio is somewhat high, which implies, the clinic is not using its financial capabilities resourcefully. The clinic, however, is in a position to meet its short-term financial obligation because it has good liquidity. Conversely, 0.21 is the debt to equity ratio, which means the facility can manage its daily operations without getting help from financiers. At the beginning of the year, net resources remain at 20,690,947, while toward the end of the year, the net resource was 18,876, 692, which suggests that the facility has a net loss of 1,841,255. This clearly shows the medical clinic will experience financial constraints in sustaining its operations. Therefore, the clinic needs to control its cost to avoid losing the money (Carroll & Richardson, 2016).
Healthcare trends likely to affect the Clinic
Today, health care systems are determined to provide a patient-centered treatment, which is a trend brought about due to technology proliferation. Most health centers are integrating technology in their operation, clinical aspects, as well as administrative. As healthcare transform to becoming more goals focused and systemic, they are coming up with approaches and techniques aimed to improve the patient’s experience. Analytics are also involved in helping hospitals foresee future trends and guide decision making.
In Venice Fami.
More Related Content
Similar to Briefing a CaseOne of the fundamental skills in legal research i
1 How to B rief a Case Prepared for the L egTatianaMajor22
1
How to B rief a Case
Prepared for the L egal Studies Program
Amer ican Public University System
December 2013
Introduction: A case brief is a concise summary of the significance of a case. It is a bit
like but with very special rules! It is a time-honored practice used throughout
the legal profession and law schools. As a teaching tool, the case brief forces the student to
identify and provide a written description of the most important aspects of a case. Legal
precedent, also known as Stare Decisis, is a doctrine which governs much of our legal process.
and the
rationale underlying it ---- that is, how the judges arrived at their decision ---- is essential to
the study of law. The case brief serves as a very useful vehicle by means of which to analyze
and understand judicial decisions.
A case brie
aspects of a case. A case brief is not an invitation to re-write the opinion or to paste together
ed on your
understanding of the case. Of cour words can be useful, if used
sparingly. A case brief should be concise; it should be no more than 1-2 pages. There are at least
several different methods or models for writing the case brief; these are based on personal
preferences. In the Legal Studies Program, however, the format described here will be used for
all of the case briefs which you are required to write in your courses. By using this uniform
format, you will gain familiarity with the case analysis and brief writing process.
opinion, rather than a mere summary. Therefore, the first step in the brief writing process is
always to thoroughly read the entire case. This includes reading any concurring and dissenting
opinions of members of the court. In this regard, be very sure that you are reading the entire
opinion! In some internet based sources, the Syllabus (headnotes/summary) of the opinion is
presented at one link, the majority opinion is presented at another link, etc. You need to read all
portions of the opinion as all of them are relevant to your analysis of the case. For example, if
there are strong dissenting opinions based on key legal points, this could predict what the court
might decide in the future on similar issues.
1. Case Name and C itation: As a header on the first page of your brief, you should state
citation to the case. (See Bluebook resources in the APUS library for more information about
Bluebook format.) It is essential that the reader of your case brief know who initiated the
litigation and who appealed. For example, in the sample case brief of the Delahanty case (see
accompanying materials), Thomas and Jean Delahanty are clearly identified as the plaintiffs
(parties who initiated the litigation) and as appellants (parties who sought appellate review of the
2
legal reporter in which the opinion is found, the volume and page on which the case appears, and
the year in which the case was decided.
2. Facts ...
How To Brief a Case Confusion often arises over the term le.docxwellesleyterresa
How To Brief a Case
Confusion often arises over the term “legal brief.” There are at least two different senses in which the term is
used.
Appellate brief
An appellate brief is a written legal argument presented to an appellate court. Its purpose is to persuade the
higher court to uphold or reverse the trial court’s decision. Briefs of this kind are therefore geared to presenting
the issues involved in the case from the perspective of one side only.
Appellate briefs from both sides can be very valuable to anyone assessing the legal issues raised in a case.
Unfortunately, they are rarely published. The U.S. Supreme Court is the only court for which briefs are
regularly available in published form. The Landmark Briefs series (REF. LAW KF 101.9 .K8) includes the
full texts of briefs relating to a very few of the many cases heard by this court. In addition, summaries of the
briefs filed on behalf of the plaintiff or defendant for all cases reported are included in the U.S. Supreme Court
Reports. Lawyer’s Ed., 2nd. series (REF. LAW KF 101 .A42).
Student brief
A student brief is a short summary and analysis of the case prepared for use in classroom discussion. It is a set
of notes, presented in a systematic way, in order to sort out the parties, identify the issues, ascertain what was
decided, and analyze the reasoning behind decisions made by the courts.
Although student briefs always include the same items of information, the form in which these items are set out
can vary. Before committing yourself to a particular form for briefing cases, check with your instructor to
ensure that the form you have chosen is acceptable.
THE PARTIES AND HOW TO KEEP TRACK OF THEM
Beginning students often have difficulty identifying relationships between the parties involved in court cases.
The following definitions may help:
Plaintiffs sue defendants in civil suits in trial courts.
The government (state or federal) prosecutes defendants in criminal cases in trial courts.
The losing party in a criminal prosecution or a civil action may ask a higher (appellate) court to review the case
on the ground that the trial court judge made a mistake. If the law gives the loser the right to a higher court
review, his or her lawyers will appeal. If the loser does not have this right, his or her lawyers may ask the court
for a writ of certiorari. Under this procedure, the appellate court is being asked to exercise its lawful discretion
in granting the cases a hearing for review.
For example, a defendant convicted in a federal district court has the right to appeal this decision in the Court of
Appeals of the circuit and this court cannot refuse to hear it. The party losing in this appellate court can request
that the case be reviewed by the Supreme Court, but, unless certain special circumstances apply, has no right to
a hearing.
These two procedures, appeals and petitions for certiorari, are sometimes loosely grouped togeth ...
Essay Summary of Bilingual Education - PHDessay.com. Educating Emergent Bilinguals Essay Example | Topics and Well Written .... The advantages of bilingual education essay 1268 words. Bilingualism Essay – Telegraph. Taxonomy of Bilingualism: 3. School and Academic Levels of Bilingualism .... Bilingual education pros essay - gcisdk12.web.fc2.com. (PDF) Understanding Bilingual Education 1: Analyzing Purposes of .... Being Bilingual: Important Skill in a Globalized World Free Essay Example. The Effectiveness of Bilingual Education in K-12 Setting Essay Example .... Bilingual education. Bilingual Education. Pin on Bilingual education. Benefits of Bilingualism: Why Is Bilingual Education Important. Language Acquisition and Being Bilingual Free Essay Example. Bilingual Original Essay | Multilingualism | Second Language .... Bilingual Education Essay Example | Topics and Well Written Essays .... Bilingual education Research Paper Example | Topics and Well Written .... Bilingual education term papers. (PDF) Transitional Bilingual Education and Two-Way Immersion Programs .... (PDF) Strategies for First-Year University ESL Students to Improve .... Being Bilingual: The Challenges and Opportunities of Bilingual Essay. ⭐ Bilingualism essay. Bilingual Profile Essay. 2022-10-12. Bilingual education essay | Proessay.com. 10 EL 104 - Bilingual Education and The Bilingual Education Policy In ....
The final project for this course is the creation of a scenario anal.docxtodd771
The final project for this course is the creation of a scenario analysis. Federal, state, and local judicial systems each have unique processes and require administration to effectively move cases through the systems. Players from each system interact in the administration of justice; therefore, it is important to understand how the systems work and engage with each other for efficient judicial administration. Understanding how judicial systems work is key for anyone looking to pursue a career within the courts. In this assessment, you will examine and evaluate the roles and processes of the systems, regardless of your position within the systems. Through analyzing a scenario, you will determine proper venue, jurisdiction, and litigation process, as well as make administrative decisions. You will also assume multiple perspectives in order to determine efficient and effective ways to move a case through the judicial process. The project is divided into two milestones, which will be submitted at various points throughout the course to scaffold learning and ensure quality final submissions. These milestones will be submitted in Modules Three and Five. The final product will be submitted in Module Seven. In this assignment, you will demonstrate your mastery of the following course outcomes: Analyze venue and jurisdiction for their implications to different levels of government Illustrate the various roles played in the judicial system for informing the development of effective administration strategies Assess the function of calendars and dockets in the legal system for creating efficiency Evaluate the civil and criminal litigation processes at different levels of government for their ability to efficiently carry out justice Prompt In this assessment, you will analyze and evaluate the following scenario from the perspectives of an attorney and a judge. You will address how this scenario would be handled by the judicial systems by creating a scenario analysis. Based on the scenario, examine how it would be tried within the judicial systems. Scenario Jed, Herman, and Jane live in Washington, D.C. Jed and Jane entered the local bank and took $65,000. Jed and Herman both used shotguns during the robbery, though no one was hurt. Jane drove the getaway vehicle. Two hours later, as they headed toward the Canadian border, they were stopped by the police for speeding and taken into custody. The police determined that Jed and Jane matched the eyewitness descriptions of the robbers. Jane confessed their bank robbery scheme. Jed and Herman denied their involvement. The police only recovered $25,000 in cash, but were unable to determine if the recovered money was taken from the bank. The police determined that Jed was a convicted felon at the time of the armed bank robbery. The local police and FBI were involved in the investigation. The defense attorneys for each defendant (Jed, Herman, Jane) request a continuance for four months to sift through the .
Surname 4
Memorandum
To:
From:
Date:
Subject: Disclosure of Past Misconduct by Officers
One of the dilemmas that face the courts today is what a prosecutor should do if he or she is aware of the past misconduct of a police officer involved in the case. In other words, is the prosecutor obliged to disclose such past misconducts or dishonesty by the officer who is involved in a pending case to the defendant? However, the answer to the question is that it is not an obligation and the prosecution may sometimes disclose such issues (Welty, 1). More importantly, the dishonesty or misconduct of the officer serves as a tool for impeachment in the ongoing case. The cases of Brady v. Maryland, 373 U.S. 83 (1963), Giglio v. United States, 405 U.S. 150 (1972) and the United States v. Agurs, 427 U. S. 97 (1976) are used here to analyze the subject.
Noteworthy, a number of factors determine whether the misconduct or dishonesty by an officer is important in the pending case. First, the case must take into consideration how long ago the dishonesty or misconduct took place. For that matter, the more recent the misconduct the higher the chances that it will be considered valuable to the pending case. Furthermore, the case considers how serious the misconduct by the officer was. Therefore, more serious acts will obviously be considered material to the case. In addition, consideration must be given to how conclusively the case of the misconduct was established. The information will thus be material only if it is more likely that the officer engaged in the misconduct. In certain situations, the dishonesty may have resulted in a fact pattern similar to the current case. For instance, an officer may falsify a search warrant in both former case and current case and as such, the information is considered material.
More importantly, it must be considered whether the role of the officer in question is key to the current case or just peripheral. In addition, the case must determine whether the defendant in the case is planning to present his/her case based on the dishonesty or misconduct of the officer. If an officer plays a key role in the case, the information concerning misconduct will be vital. Similarly, if the defendant plans to use the dishonesty or misconduct information by the officer to present the case, the information is regarded as important. Finally, the judges consider whether the misconduct evidence is found in personnel records or in some less private sources. Information from personnel records is more reliable as they are subject to privacy.
In the Brady v. Maryland case, the Supreme Court ruled that for the defendant to have a fair trial, his/her attorney must be allowed access to exculpatory meant to demonstrate innocence. John Brady and Charles Boblit were accused of robbing and killing (Bass, 121). They were tried separately upon arrest and convicted for murder. However, Brady wanted to avoid death penalty and hence he admitted to have particip.
As you have seen throughout this week, the requirements document i.docxfredharris32
As you have seen throughout this week, the requirements document is an important part of IT planning, regardless of the strategy you are going to employ. This week, you will create a plan for developing a request for proposal document, which relies upon the requirements you create.
Take a look at thissample RFP, released in April of 2008 by the State of California. Consider the needs that had to go into the creation of requirements for this RFP: the need for data standards and the integration of records, patient data security and privacy considerations, the creation of new procedures and technologies, and more. This RFP does not limit the technological solutions by cost or buy vs.build. Consider the following questions:
· How did the writer(s) of this RFP assemble the information it contains?
· Who were the collaborators and informants with whom the writer(s) might have worked?
· And, what criteria outside his or her own institution did the writer(s) have to consider?
Create a plan for developing a Request for Proposal document for an immunization database in your state. Include the following information:
· An outline of the sections and subsections the RFP should contain.
· A general statement of the various requirements for the project.
· Any special considerations that must be taken into account, and why (i.e., patient data security and privacy).
For further reference, you may wish to review Chapters 7, 8, 11, 22, and 32 of your O'Carroll course textbook. You may also visithttp://www.rfpdb.com/ or search the Web for other freely posted RFPs for additional examples of RFP documents.
CALIFORNIA PRISON HEALTH CARE RECEIVERSHIP CORPORATION
OFFICE OF THE RECEIVER
REQUEST FOR PROPOSALS
FOR CORRECTIONAL HEALTH RECORDS
PROFESSIONAL MANAGEMENT SERVICES
FOR CALIFORNIA ADULT PRISON FACILITIES
April 4, 2008
PROPOSALS DUE:
June 3, 2008
CONTACT: JUSTIN GRAHAM, MD MS
CHIEF MEDICAL INFORMATION OFFICER
501 J Street
P.O. BOX 4038
Sacramento, CA 95812-4038
[email protected]
California Prison Health Care Receiver
RFP for Professional Health Records Management Services
TABLE OF CONTENTS
I. REQUEST................................................................................................................ 1
II. BACKGROUND....................................................................................................... 1
III. ANTICIPATED SCOPE OF SERVICES ............................................................... 4
V. SELECTION PROCESS ........................................................................................ 14
VI. EVALUATION CRITERIA .................................................................................. 14
VII. SUBMITTAL REQUIREMENTS ......................................................................... 17
APPENDIX A: - JA HIM WHITE PAPER ...................................................................... 2 ...
NCAA CONCUSSION MDL, ORDER AND PLAINTIFFS EXECUTIVE COMMITTEEmzamoralaw
The NCAA will also provide concussion education to athletes, coaches and trainers before each season. And medical personnel will be present at each “contact sport,” including football, lacrosse, wrestling, ice hockey, field hockey, soccer and basketball.
The $70 million figure could include as much as $15 million in attorney fees and up to $750,000 in out-of-pocket expenses. NCAA insurers are expected to pay at least part of the settlement, NCAA Chief Legal Officer Donald Remy said on the association’s website.
attorneys listed in the settlement as counsel for the plaintiff class are Seattle-based Steve W. Berman of Hagens, and Mark Zamora of The Orlando Law Firm P.C. in Decatur, Ga. AMONG OTHERS
IST 309 Team-ProjectA. Write about laws of Drones. (Like Privacy.docxpriestmanmable
IST 309 Team-Project
A. Write about laws of Drones. (Like Privacy rights or public concerns)NO TITLE PAGE!
B. The main content of my paper is talking about Laws of public concerns, so don’t talking about military or famers or other things!
C. You must read these three articles and quote these articles, moreover use these articles as your references.
http://www.nationaljournal.com/tech/few-privacy-limitations-exist-on-how-police-use-drones-20150205
http://www.utsandiego.com/news/2015/mar/05/drones-california-police-sacramento-privacy/
http://www.brookings.edu/research/reports2/2014/11/drones-and-aerial-surveillance
D. APA format, double space, NO INTRODUTION, NO HISTORY, because it is a team project and I need write a Laws Part on it. Other team member will do introduction and history part. SO, PLEASE just write LAWS of Drones!
E. This is the order of my paper.
1. A starting of Laws of Drones. The following is a example, you need to write like that, but you cannot copy it:
(As drones become cheaper and more capable, more police departments across the country are asking for and getting federal approval to use them for law enforcement.
But the Federal Aviation Administration only takes safety into consideration when it grants a law enforcement agency approval to use drones, leaving privacy protections to legislation—which, depending on the state in question, may or may not exist.)
2. Give a Real Example of Drones.
a) How Drones invasion of Privacy? Give a real example of it. Like Drone fly to someone’s backyard without search warrant.
b) Talk about a certain law about Drones of privacy protection.
c) How public feels about it? How public concerns about it?
3. Talk about two Police Departments have different views: Mesa County and other law enforcement agencies. You need to write down the following content on my paper.(You can get a lot information from first article).
a) Mesa County proactive role in drones and publics concerns
i. Largent Drone Program in the US
ii. 17 pages Policy Manual on Drones
b) Other Law Enforcement agencies played a more secretive role in deploying Drones.
4. Bills and Government Regulation. (You can get more information from second article).
a) Write Laws SB-142 and AB-56, and list the main points of Drones from these two laws.
b) Talk about Government Regulations.
5. The views of Gregory McNeal(You can get more information from third article)
a) Give an introduction of Gregory McNeal, like Gregory McNeal who is Professor of Pepperdine University and also is an Expert in Law and Public Policy.
b) Talk about Gregory McNeal’s Main Focus: security, technology and crime.
c) Write about Five Core Recommendations of Gregory McNeal.
d) Give more details or explain Fifth Point of McNeal. It’s following one.
(5. Legislators should recognize that technology such as geofencing and auto-redaction, may make aerial surveillance by drones more protective of privacy than human surveillance.)
State Court System
Chapte ...
1 Saint Leo University CRMPOL 123 Introduction.docxjeremylockett77
1
Saint Leo University
CRM/POL 123
Introduction to Law and the Legal System
Course Description:
This course is an introductory survey of the history, structures, and processes of the U.S. legal system.
It is designed to be taken as a first University-level course in law and should precede more specialized
courses such as criminal, business, or constitutional law. Covered are basic legal concepts such as due
process, the structure of the U.S. court system, and the major subdivisions of law such as civil procedure,
criminal procedure, and the law of torts. The role of law in society, the analysis of judicial reasoning, and
the application of legal concepts to factual situations are stressed.
Prerequisite:
None
Textbook:
The textbook information which appears on our Saint Leo Bookstore ordering site is as follows:
Schubert (2015). Introduction to Law and the Legal System 11thEdition. Loose-leaf
(Custom) ISBN-13: 978-1-337-68560-3
Schubert (2015). Introduction to Law and the Legal System 11thEdition. E-Book
(Custom) ISBN-13: 978-1-337-56847-0
Your custom textbook was created from the following National text(s):
Schubert (2015). Introduction to Law and the Legal System 11th Edition
ISBN-13: 978-1-285-43825-2
Ch. 1-9
Samaha (2015). Criminal Procedure 9th Edition
ISBN-13: 978-1-285-45787-1
Ch. 1-8, 10 & 15
Course Objectives:
1. Students must demonstrate a basic understanding of legal concepts such as substantive and
procedural due process, constitutional interpretation, appellate review, and the history of the U.S.
legal system.
2. Students must be familiar with the structure and jurisdiction of the U.S. court systems.
3. Students must demonstrate a basic familiarity with civil procedure.
4. Students should be able to demonstrate that they can brief and understand appellate court
decisions.
5. Students should be able to demonstrate that they know how to apply case and statutory law to
factual situations.
6. Students must demonstrate a basic familiarity with criminal law and procedure.
7. Students must be aware of the applications of equity and the spectrum of judicial remedies.
8. Students must demonstrate a basic familiarity with alternative dispute resolution.
9. Students must demonstrate a basic familiarity with contracts.
10. Students must demonstrate a basic familiarity with the law of torts.
11. Students must demonstrate a basic familiarity with the relationship between legislation and court
law.
12. Students must be aware of the applications of administrative regulations.
Core Value:
2
Personal Development: Saint Leo University stresses the development of every person’s mind, spirit, and
body for a balanced life. All members of the Saint Leo University community must demonstrate their
commitment to personal development to help strengthen the character of our community.
Evaluation:
Assignment % of Grade
Discussions (8) 8
Case Bri ...
Similar to Briefing a CaseOne of the fundamental skills in legal research i (20)
Running Head W2 Case StudiesW2 Case Studies2.docxjenkinsmandie
Running Head: W2: Case Studies
W2: Case Studies
2
Bismit Pratapsingh
University of the Cumberland’s
ITS-531-09 Business Intelligence
Professor: Dr. Michael Jones
1st Nov 2019
Table of Contents
Introduction2
Application case 2
1. Description of the benefits of implementation of continental go forward strategy2
2. Explanation of the reason for which it is important to use a real time data warehouse2
4. Strategic advantage of using real time system rather than using a traditional information system3
Application case4
1. Premier 4
2. Primary challenges of premier to achieve the vision4
3.
Solution
provided by IBM and other partner4
4. Results and other benefits5
Conclusion5
Introduction
Airlines domain has a number of critical aspects that are required to be integrated within the account. It can be stated that all the significant management of this study are required to be managed in such a way the accountability is maximized. It is quite critical to understand that the essential elements are required to be managed extensively within the business domain. This study includes aspects such as go forward strategy and real time dta warehousing. Application case
1. Description of the benefits of implementation of continental go forward strategy
Go forward strategy refers to a critical element that is associated with four interrelated parts within the same time limit that relates as a strong apparatus for setting the association with in the right choice. The advantages in this domain are dynamic in nature. The primary advantages in this domain can be identified below.
· Go forward strategy have helped the continental airlines for setting up a range of noteworthy approaches for modifying the industry status from first to top selection
· The discovery as well as innovation has reformed as progressively based for supporting the specific activities.
· The strategy is extremely vital in terms of quality management
· Cost reduction is another prime benefit in relation to the continental go forward strategy
· Disposal of fraud is another critical element that is incorporated within the beneficiary account.
2. Explanation of the reason for which it is important to use a real time data warehouse
Real time data warehouse is extremely critical to be implemented by airlines. It can be identified that the airlines have multiple domains that are required to be taken into account by the airlines. A number of critical alignments are associated with it. Data warehousing is one of the primary aspects within the context of airlines domain. It is quite evident that all the systematic management in this domain are required to be integrated in such a manner that the accountability is maximized. It is quite important to understand that all the situational perspectives are required to be integrated within this domain for the betterment of the organization. The refresh rate of real time data warehousing is extremely high. As a result of that, RDW is ext.
Running head VENICE FAMILY CLINIC 1VENICE FAMILY CLINIC.docxjenkinsmandie
Running head: VENICE FAMILY CLINIC 1
VENICE FAMILY CLINIC 4
Venice Family Clinic
Introduction
Venice Family Clinic (VFC) is well‐known for giving quality wellbeing services to populaces deprived through a powerful volunteer model. Established in 1970, it has a long history of volunteerism, which has been coordinated into the way of life of the association. There is great leadership involvement in the model just as an internal framework set up to enlist and support volunteer doctors, including clinic space, systems for scheduling patients, and a full‐time volunteer organizer. Additionally, VFC has longstanding relationships with private healthcare facilities in the region.
A department likely to exist within the organization
VFC has a unit that offers psychiatric health services that incorporates counseling, mental services, and psychosocial support identified with the social stress of poverty, homelessness, joblessness, and aggressive behavior at home. Services include emergency intercession just as an individual, family, and group treatment. Albeit, once in a while, challenges make it difficult to pick an ideal setting; it is significant as well, where conceivable, think about privacy. VFC thinks about confidentiality as one of the keys to excellent communication, as the client is probably going to reveal data of a private and sensitive nature (Carroll & Richardson, 2016).
The financial condition of the Clinic
Venice's family clinic financial report of 2012 current liabilities is 3,398, 342, while the total existing assets total up to 9,913,386. Therefore, 2.89 is the current ratio of the clinic. This ratio is somewhat high, which implies, the clinic is not using its financial capabilities resourcefully. The clinic, however, is in a position to meet its short-term financial obligation because it has good liquidity. Conversely, 0.21 is the debt to equity ratio, which means the facility can manage its daily operations without getting help from financiers. At the beginning of the year, net resources remain at 20,690,947, while toward the end of the year, the net resource was 18,876, 692, which suggests that the facility has a net loss of 1,841,255. This clearly shows the medical clinic will experience financial constraints in sustaining its operations. Therefore, the clinic needs to control its cost to avoid losing the money (Carroll & Richardson, 2016).
Healthcare trends likely to affect the Clinic
Today, health care systems are determined to provide a patient-centered treatment, which is a trend brought about due to technology proliferation. Most health centers are integrating technology in their operation, clinical aspects, as well as administrative. As healthcare transform to becoming more goals focused and systemic, they are coming up with approaches and techniques aimed to improve the patient’s experience. Analytics are also involved in helping hospitals foresee future trends and guide decision making.
In Venice Fami.
Running head VIGNETTE ONEVIGNETTE ONE 2VIGNETTE ONE .docxjenkinsmandie
Running head: VIGNETTE ONE
VIGNETTE ONE
2
VIGNETTE ONE
2
Vignette One
California Southern University
Vignette One
Question 1
Jack is unwilling association with women is due to his fear to get trapped in their love. This is a result of his mother’s unconditional love. His mother consistently gave him a warm, unconditional love. She constantly attempted to draw Jack under the care of her while securing him. She didn't give Jack time to act naturally and to communicate. Jack was limited to a life with instructions and reliance to his parents. Jack may have built up his character further from the time he began lacking parental control because of his folks' separation. He likewise built up an existence of self-will in his connections with the people around him. Jack lack of self-will made him feel less worth. Several drives might have originated to explain Jack’s view of his life as just an image and nothing more than that. Such drives include a feeling of anger and resentment. He was too reliant on his parent’s instructions thus lacking an opportunity to grow as an independent individual. Jack has chronic worry emanating from ruminative thoughts and an anticipation to failure.
The most probable explanation to his condition is presence of an aggressive drive. Aggression is basically a typical psychological feature in males. The organizing feature in males results from hormones within their body (Parsons & Zhang, 2014). Male species always feel the urge to control and organize issues around them. Jack’s mother did not allow him to experience control thus slow development of anger. Aggression might be resulting from a response to hardships, threats and injuries. Jack developed a hostile aggression that developed from fear, anger, frustrations, feeling of loneliness and pain. He developed a character of unwillingness to become vulnerable to people surrounding him. Jack lacked enough parental care since the divorce withdrew his mother’s unconditional love. The divorce did not stop her from loving him. Explain. These experiences are related to Jack’s current relationship with women. He relates lack of love to all women using his mother as a reference. Jack struggles to be independent since his mother overprotected him.
Question 2
Jack describes his father as a controlling and cruel person who had archaic ideas. Jack’s rejection of his father has a number of underlying psychological aspects. The feeling of hate towards his father is apparent and it resurfaces in Jack’s adult life. He deals with sadness, anger and rejection. Jack felt the need to escape from his father’s control thus creating a defense mechanism. He developed a defense mechanism of defiance. At the end, he ended up becoming the exact opposite of what his father wanted him to be. An over controlling father led to anxiety symptoms and thus Jack feels the urge to rebel. There are certain psychological factors and aspects involved in the way Jack rejects his father’s wishes. The .
Running Head VIGNETTE ONE2VIGNETTE ONE ANALYSIS.docxjenkinsmandie
Running Head: VIGNETTE ONE
2
VIGNETTE ONE ANALYSIS
Vignette Analysis One
John Doe
California Southern University
<The vignette is located on the last page of this document. Do not include the vignette in your assignment>
Narrative Therapy
A narrative therapist would listen respectfully to John and Mary’s stories, and to understand the influence that these stories have had on their lives (Corey, 2013). “Because of the power of dominant culture narratives, individuals tend to internalize the messages from these dominant discourses, which often work against the life opportunity of the individual” (p. 410). Growing up in a culture where he may have experienced racism and prejudice, John may have internalized a story that children must toughen up to the world. “Within the family, African-American parents use a number of disciplinary actions that prepare children to live in a racist environment where unfairness and discrimination are common. In that vein, respect for authority is typically nonnegotiable in African-American families; children who are disrespectful receive the most severe forms of punishment-usually physical” (Evans, 2013, p.65). Thus, the heavy-handed discipline John experienced himself as a child may be an acceptable cultural narrative of his own parenting style with his sons today. John’s view of the school of hard knox may represent his narrative that his sons should attend school where they will learn to, cope with racism, which includes developing a tough skin. Mary may have internalized a story from her own childhood where traditional African-American mothers raise daughters to be empowered and independent but for their sons, independence is not stressed as strongly and punishment is not as severe, often enabling their male children (Evans, 2013). This could explain her desire to protect and her sons from harmful aspects of life and John’s harsh disciplinary measures. The therapist must be aware of stereotyping and learn how to recognize diversity issues and work with John and Mary in the context of their worldview. It is an ethical obligation for counselors to develop sensitivity to cultural differences (Corey, 2013). While John’s style of discipline may be culture-laden, the therapist must look at his or her own professional obligation according to the legal and ethical code of the state in which they work.
Listening with an Open Mind
Narrative therapists must listen to clients without judgment or blame, affirming and valuing them. This might be difficult for the therapist in the vignette since there is already a judgment on John through problematic narratives of the therapist’s own father. The therapist may have difficulty working with John without imposing their value systems and interpretations. The therapist must listen to this couple’s problem-saturated stories without getting stuck (Core.
Running head UNIT 6 ANNOTATED BIBLIOGRAPHY ASSIGNMENT 1 U.docxjenkinsmandie
Running head: UNIT 6 ANNOTATED BIBLIOGRAPHY ASSIGNMENT 1
Unit 6 Annotated Bibliography Assignment
Kacey Smith
Purdue University Global
Please note that this is a sample Unit 6 Assignment to help inspire and guide your own
original writing of the assignment. Be sure to review the assignment instructions and grading
rubric, complete each task in the instructions, and contact the instructor with any questions.
Commented [S1]: The title page and document
are properly formatted in APA 6th edition style.
For tips on formatting, see the Writing Center’s
Citation Guides page:
https://library.purdueglobal.edu/writingcenter/cita
tionguides
https://library.purdueglobal.edu/writingcenter/citationguides
https://library.purdueglobal.edu/writingcenter/citationguides
UNIT 6 ANNOTATED BIBLIOGRAPHY ASSIGNMENT 2
Unit 6 Annotated Bibliography Assignment
Thesis statement: Despite assertions that bullying is just kids being kids, the behavior actually
comes from not understanding differences, disabilities, and specialness – a problem parents,
educators, and others who work with children can use fiction to solve.
Constantinescu, C. & Samuels, C. A. (2016, September 6). Studies flag potential downside to
inclusion. Education Week. Retrieved from www.edweek.org.
Constantinescu and Samuels review studies that suggest inclusion of special education
students with typical peers can be problematic, particularly for younger children. In fact, several
studies indicated that typical children in kindergarten and first grade who have special needs
peers in their classes are more likely to have behavior issues, problems with social skills, and
lower scores in reading and math (2016). The article describes the experience of one education
teacher who expressed concern that inclusion of special needs students in the classroom
negatively influences the behavior of other students by precipitating and increasing incidents of
verbal and/or physical conflict between the students (Constantinescu & Samuels, 2016).
Education Week has been publishing since 1981, and they cover different angles on an
array of education-related issues. The authors have published other articles in Education Week
and elsewhere. The topics are all about education, but not all are focused on inclusion or special
needs students, which helped me conclude that they do not have a biased agenda. Within the
article, they cite research studies to support their ideas, and this article was published in 2016,
making it recent.
This article could be seen as a challenge to my argument. Clearly, the described situation
is unacceptable, but inclusion is not the problem; it is a lack of strategies and support to teach all
Commented [S2]: Don’t forget to include your
revised thesis statement!
Commented [S3]: Place the citation (using the
hanging indent) before the annotation.
Commented [S4]: The annotations need to
include a s.
Running head VULNARABE POPULATION 1VULNARABLE POPULATION .docxjenkinsmandie
Running head: VULNARABE POPULATION 1
VULNARABLE POPULATION 7
People diagnosed with HIV/AIDS
Student
Tutor
Course
Date
HIV/AIDS is one of the many factors that are usually affecting the world. Research shows that a total number of 1.1 million people are living with HIV, and 75% of the population in amerce don’t know that they get infected with the virus (Burkholder & Nash, Special populations in health care, 2013). HIV/AIDS affects people from all genders, races, and ethnic age. Today the most significant population of people living with HIV/AIDS are more affected in terms of Medicare and Medicaid. Healthcare facility though they offer antiretroviral which helps prolong patients with HIV it’s not sufficient enough to a permanent solution.
HIV/AIDS is more severe among the young generation. The youth are more likely to get HIV/AIDS than the old due to so many activities to which they indulge. When it comes to age HIV/AIDs, the young are more like to survive longer if they engage early with the treatment procedure and healthier factor than the old. When the old generation gets infected with HIV/AIDS that creates a crisis in the next generation in terms of survival, those affected are more likely to lose jobs, education, and health care to discrimination and end up relying on aid. The reliance on welfare is more likely to happen among those with HIV/AIDS as well to help mitigate their health condition.
According to research, those populations with HIV/AIDS are more likely to spend most of their incomes on healthcare than other items. HIV/AIDS populations are more like not to get hired on a job due to health issues and risk poverty lines. When a country has a large population of people with HIV/AIDS the country is headed in crisis and is likely to lead under a financial crisis to healthcare management. Infrastructure development and other beneficial programs that might benefit the country are halted to stop epidemic rise of HIV/AIDS in the country. There are no special jobs designed for those with HIV/AIDS, thus forcing the broad population into poverty. To mitigate the income crisis the government and private parties should work together and find way to help create specific jobs and cheap healthcare programs.
Analyze the intersection of social, political, and economic factors affecting vulnerability (must address all three factors)
Social factors that affect the population with HIV/AIDS. Communities with a higher living among poverty line is more affected with HIV/AIDS than those community among the wealthy status. Those based on the poverty line spend the little they have in healthcare; the more the population is affected by healthcare problems, the likelier infrastructure and development get halted. Those, however, living in wealthy communities they have enough money to pay for healthcare and support infrastructure and other development as well. Social factor have a significant role in how they treat and mitigate the spread of .
Running head UNDERSTANDING THE TARGET MARKETS .docxjenkinsmandie
Running head: UNDERSTANDING THE TARGET MARKETS 5
The following research is of a marketing plan for Apple Inc.’s iPhone. An accurate report of numerous factors, which enlighten Apple Inc.’s iPhone, along with the demographics of customers who buy the product. Some of the crucial components created in this paper consist of client analysis, opportunities of Apple Inc., and their main threat, and awareness on the targeted market.
Understanding Target Markets
Client Analysis
It is distinct that the desire for innovation and technology motivates the customers to purchase Apple iPhones. Apple is a corporation that has put its emphasis on technology innovation; therefore, it has become a favorable choice of purchase from the consumers. A majority of Apple’s clientele are fascinated by the fact that the organization can uphold its position concerning their innovative values as well as their leadership. The market of the Apple iPhone comprises of the customers in the high-social class (Khan et al., 2015).
Regarding this state, the customer’s pay rate permits them to buy the merchandise. Another thing, which observed is that many of Apple’s clientele are young adults who spend cash on such items and relish on having extravagances like an iPhone. Similarly, Apple Inc. can control the fascination of its clienteles by steadily improving the technology associated with the iPhone.
Opportunities
the organization has the opportunity of increasing its market section and proliferating sales of the phones in the market if it only makes use of the following commendations:
1. with a focus on the Asian and African markets, the middle-class persons in Africa are vexing to shift their class and have a better status; hence, they are chasing high-end gadgets that will display their anticipated level (Khan et al., 2015).
2. The Asian market is growing to be important in Apple Inc. Asian nations have gotten financial solidity over the previous years, signifying that the inhabitants are more enthusiastic about buying high-end merchandise like the Apple iPhone. Also, the Asian market is one of the best markets that Apple Inc. ought to survey since they will have the capability of selling their products.
Present Threats
Chinese organizations display a strong presence in similar market section as Apple Inc. Apple will require to do a lot concerning advertising the iPhone. The probabilities of trades in China duplicating Apple Inc.’s merchandise are high, meaning Apple ought to have the capability to make the iPhone striking to the developing market (Blenko et al., 2016). Furthermore, Apple Inc.ought to persist in growing its market as well as product to the precise target audience in order to remain competitive. Apple Inc. should be dependent on increasing technology and staying advanced; this will assist them in becoming and remaining an essential product in overseas markets. Generally, Apple Inc. has bo.
Running head VETERANS PTSD CAUSES, TREATMENTS, AND SUPPORT SYSTEM.docxjenkinsmandie
Running head: VETERANS PTSD CAUSES, TREATMENTS, AND SUPPORT SYSTEMS 1
VETERANS PTSD CAUSES, TREATMENTS, AND SUPPORT SYSTEMS 3
Veterans PTSD Causes, Treatments, and Support systems
Veterans PTSD Causes, Treatments, and Support systems
Evaluations on Post Traumatic Stress Disorder (PTSD) among veterans is imperative for a positive health outcome. The evaluations and analysis of the results ensure that barriers to treatment are addressed and have access to the available support systems. Studies carried out have depicted the successes of the treatments and support programs in the health systems to veterans. Modifications on the systems have also been recommended to combat and control PTSD. Alternative approaches such as computerized systems, natural treatment methods, and home-based systems are also essential in providing a holistic approach in PTSD treatments. Treatment methods success ensures that veterans do not fall victim to depression, which can result in chronic diseases. This can be as a result of negative health behaviors and lifestyles. Understanding the consequences of PTSD among veterans will ensure that approaches utilized offer not only treatment methods but also offer support systems for general wellbeing.
The first source focuses on the treatment and success of three-week outpatient program by “evaluating patterns and predictors of symptom change during a three-week intensive outpatient treatment for veterans with PTSD.” The study is evidence-based on statistics drawn from the program and modifications for optimal success rates. 191 veterans were the participants in the research comprising of a daily group and individual Cognitive Processing Therapy (Zalta et al., 2018). The data was analyzed from the sample cohorts in accordance with military and demographic characteristics. Measures in the study involved treatment engagement as well as comparison of pre-treatment and post-treatment changes (Zalta et al., 2018). The results showed progress in the evaluation of predictors and patterns in treatment changes. Procedures utilized involved group sessions with daily activities for the development of the treatment program. Self-report metrics were also applied in the procedures as control groups were challenging in the study. Modified and intensive outpatient (IOP) treatment to veterans showed high success levels in the program (Zalta et al., 2018).
The second source examines a new treatment in exploring the feasibility of computerized, placebo-controlled, and home-based executive function training (EFT) on psychological and neuropsychological functions. The source titled “Computer-based executive function training for combat veterans with PTSD” shows trials in assessing feasibility and predictors output. The study shows how the functions can be useful in brain activation combating PTSD in veterans. Symptoms experienced after treatment on PTSD cases are stimulated through neural and cognition reactivity, which can be contr.
Running head UNITED STATES COAST GUARD1UNITED STATES COAST G.docxjenkinsmandie
Running head: UNITED STATES COAST GUARD 1
UNITED STATES COAST GUARD 9
United States Coast Guard
Jovan Padia
SEC/481
December 2, 2019
Overview
The US Coast Guard is the main organization recognized by the state and tasked with the role of providing security, and navigation guidance in the marine areas of the US ports and waterways. The Coast Guard defends more than 100,000 miles along the coast of the US and inland water routes. It also protects the Exclusive Economic Zone (EEZ), which comprises 4.5m miles2, which covers from above the Arctic Circle to below the equator, which is from Puerto Rico to Guam (United States Coast Guard 2016). The area covered is comprised of nine time zones, and this makes it the biggest EEZ.
The Coast Guard is part of the defence forces in the US and the only military branch in the Department of Homeland Security. It is not only part of the defence forces tasked with protection, but it is also the first respondent in disasters. The Coasts Guards are the first to respond and offer humanitarian help during distress, especially during natural and human-made disasters onshore and in the sea. The Coast Guard is also a law enforcement agency and a member of the intelligence community that has the regulatory role as well. The Coast Guard has a legal mandate on issues that revolve around maritime transportation, the shipping in and out of hazardous material, oil spillage responses, administering bridges, piloting, and operation of vessels and the building of vessels (United States Coast Guard 2016). Although the Coast Guard is usually under Homeland Security, it can be moved temporarily to the Navy, especially during cases of war.
Roles and Missions of The US Coast Guard/ Strengths of US Coast Guard
The US Coast Guard has several strengths when it comes to its roles and missions. One of the strong points of the Coastal Guard is maintaining maritime safety. In maintaining maritime safety, the Coastal Guard works towards eliminating deaths, injuries, and property damage that may occur in the course of transport, fishing, recreation, and any other activities on the water. The Coastal Guard also conducts missions such as investigations, preventing disasters from happening, and responding when disasters happen. They make sure that all the people operating vessels in the sea are licensed. They also conduct ice patrol to ensure that vessels do not run into the areas that are frozen.
The other strength of the Coastal Guard is that they participate in national defence. The Coastal Guard supports the National Security Strategy. Often, they operate under Homeland Security, but in instances of war, they are shifted to operate under the Navy. In national defense, the Coastal Guard is supposed to conduct maritime military interceptions, respond to military distress calls, secure ports, engage in peacetime military engagements, and oversee the coastal sea control operations.
The other strong role played by the Coast.
Running head VALUES AND NORMS INSIDE A TATTOO PARLORVALUES AND .docxjenkinsmandie
Running head: VALUES AND NORMS INSIDE A TATTOO PARLOR
VALUES AND NORMS INSIDE A TATTOO PARLOR 2
Values and Norms Inside a Tattoo Parlor
An Observational Study
Cascadia Community College
Introduction:
I have chosen to research the values and norms of the subculture surrounding tattoos. While many cultures the world over have had a reverent and traditional relationship with tattooing and other body modifications for generations, western culture has only become more accepting of this form of artwork in the past couple of decades. I was interested in studying this subculture because of the still-evolving shift of opinions about body modification. As mainstream culture becomes increasingly accepting of tattoos, the spaces where they are obtained are, in turn, more popular. Just over a decade after the turn of the twenty-first century, about 40% of Americans between 26 and 40 years old are tattooed (Larsen, Markham, & Patterson 2014), and even television shows centered on tattoos have become successful. However, there is still a fair amount of misunderstanding between mainstream western culture and tattoo culture. At present, there are still individuals and groups, usually who are more conservative, that look down on tattoos, not only on the grounds of relation to criminal activity, but also that the very act of getting tattooed is unsanitary and dangerous. Even in more accepting spaces, people with several visible tattoos are exoticized and can be subjected to repetitive and invasive questions surrounding their body art. In observing a tattoo parlor, I hoped to answer the following questions: In what ways can the process of tattooing be considered dangerous, if any? In what ways do the norms and values of this subculture differ from those of the western mainstream?
Literature Review:
In their review, Larsen, Markham, and Patterson (2014) share various studies reflecting a historically negative public opinion – a “stigma of deviance” – surrounding tattoos in western culture, dating as far back as the ancient Greeks. Deviance, as defined by McIntyre, is “the flip side of conformity” (2014), and the sanctions placed to prevent it from infiltrating the mainstream can have serious consequences. Tattoos represented the “other” in terms of social status and were even given involuntarily as a means of visually differentiating the tattooed person from the rest of society. Later, voluntary tattoos in the west were sought out mainly by criminals, or by those in the military. Tattooed people were not only avoided socially but could also be barred from employment in many spaces. While the twentieth century saw tattoos gain traction as a means of carving out identity, or a form of postmodernist self-expression, they describe a “tattoo Renaissance” taking place in the relatively recent 1980s. At this time, there was a growing focus on the artistry and creativity of tattooing, rather than the denouncement of the “type” of person who would seek it. The stigm.
Running Head VIGNETTE ONE5VIGNETTE ONE ANALYSIS.docxjenkinsmandie
Running Head: VIGNETTE ONE
5
VIGNETTE ONE ANALYSIS
Vignette Analysis One
John Doe
California Southern University
<The vignette is located on the last page of this document. Do not include the vignette in your assignment>
Narrative Therapy
A narrative therapist would listen respectfully to John and Mary’s stories, and to understand the influence that these stories have had on their lives (Corey, 2013). “Because of the power of dominant culture narratives, individuals tend to internalize the messages from these dominant discourses, which often work against the life opportunity of the individual” (p. 410). Growing up in a culture where he may have experienced racism and prejudice, John may have internalized a story that children must toughen up to the world. “Within the family, African-American parents use a number of disciplinary actions that prepare children to live in a racist environment where unfairness and discrimination are common. In that vein, respect for authority is typically nonnegotiable in African-American families; children who are disrespectful receive the most severe forms of punishment-usually physical” (Evans, 2013, p.65). Thus, the heavy-handed discipline John experienced himself as a child may be an acceptable cultural narrative of his own parenting style with his sons today. John’s view of the school of hard knox may represent his narrative that his sons should attend school where they will learn to, cope with racism, which includes developing a tough skin. Mary may have internalized a story from her own childhood where traditional African-American mothers raise daughters to be empowered and independent but for their sons, independence is not stressed as strongly and punishment is not as severe, often enabling their male children (Evans, 2013). This could explain her desire to protect and her sons from harmful aspects of life and John’s harsh disciplinary measures. The therapist must be aware of stereotyping and learn how to recognize diversity issues and work with John and Mary in the context of their worldview. It is an ethical obligation for counselors to develop sensitivity to cultural differences (Corey, 2013). While John’s style of discipline may be culture-laden, the therapist must look at his or her own professional obligation according to the legal and ethical code of the state in which they work.
Listening with an Open Mind
Narrative therapists must listen to clients without judgment or blame, affirming and valuing them. This might be difficult for the therapist in the vignette since there is already a judgment on John through problematic narratives of the therapist’s own father. The therapist may have difficulty working with John without imposing their value systems and interpretations. The therapist must listen to this couple’s problem-saturated stories without getting stuck (Core.
Running head USING IT TO MODEL BEHAVIOR FOR POLICY MAKING .docxjenkinsmandie
Running head: USING IT TO MODEL BEHAVIOR FOR POLICY MAKING 1
USING IT TO MODEL BEHAVIOR FOR POLICY MAKING 9
Using IT to Model Behaviour for Policy Making
Naga Devika Cheekati
University of The Cumberlands
Annotated Bibliography
Li, W., & Zhang, X. (2014). Simulation of the smart grid communications: Challenges, techniques, and future trends. Computers & Electrical Engineering, 40(1), 270-288.
Li and Zhang (2014), investigate how technology can be used in a simulation that would aid in determining how effectively smart grid technology can be implemented. The successful implementation of smart grid technology requires the combination of several different frameworks that rely on information communication technology to aid in the regulation of power created and supplied. A simulation of possible communication networks that can be used is made in the study as a way of testing the viability of a smart grid system and its application in reality. The paper successfully identifies various simulation frameworks that can be used to successfully gauge how the system can be created. The findings show that information technology can play an integral role in creating simulations that can support policymaking.
Sarabando, C., Cravino, J. P., & Soares, A. A. (2014). Contribution of a computer simulation to students' learning of the physics concepts of weight and mass. Procedia Technology, 13, 112-121.
Sarabando, Cravino, and Soares (2014) investigate the use of computer simulation to analyse how students learn key concepts of physics. Software is used to analyse common learning processes used in teaching physics. Students in the sample population were asked to carry out learning activities ordinarily on the traditional learning environment. The results were then compared to learning activities that were carried out using computer software. The findings showed that the use of computer simulation in learning improved the retention rate, while the language used by teachers also impacted the speed of learning. The findings of the study can be used in the formulation of learning policies, which shows that IT simulation can be successfully used in the formulation of public policy.
Mensah, P., Merkuryev, Y., & Longo, .. F. (2015). Using ICT in Developing a Resilient Supply Chain Strategy. Procedia Computer Science, 43, 101-108.
Mensah, Merkuryev, and Longo (2015) analyse how simulation can be used to improve supply chain performance. According to the study, many different factors impact on the performance of a supply chain, some of which are not taken into consideration when designing supply chain activities. Through simulation aided by information technology, all key factors that influence the performance of the supply chain can be analysed in-depth and included in simulation models. The models are then used to analyse how a supply chain will perform under different c.
Running head USING BENTONITE TO EXTRACT CU2+1USING BENTONITE.docxjenkinsmandie
Running head: USING BENTONITE TO EXTRACT CU2+1
USING BENTONITE TO EXTRACT CU2+15
Using Bentonite to Extract Cu2+
Name
Institution
Abstract
This study was aimed at determining and comparing the potential of various weights of activated bentonite (BN). BN is an essential adsorbent used to remove copper sulfate in aqueous systems. This bentonite composes of 1M ammonium chloride i.e. NH3CL ratio; 1:1, w/w. The investigation of the adsorption ability of the naturally activated material (BN) to adsorb copper sulfate (CUSO4.5H2O) was investigated using UV-VIS spectrophotometry. Raw BN (unheated) has the adsorption ability and thus eliminates copper (II) ions from this aqueous solution. BN has approximately 62% efficiency of eliminating Cu2+ from copper sulfate. Various studies have determined that the removal efficiency of copper (II) ions increase with the rise in temperature of BN with temperatures not exceeding 200 C having about 69% efficiency. The percentage was seen to rise to close to 90% when BN was treated thermally. The optimal values of the removal rate of Cu2+ resulted when the BN dosage was 0.4g/100mL.
1.0 Introduction
The existence of heavy metals in most of the aquatic systems has raised significant concern owing to their high toxicity. The contamination of water with heavy metals results from daily human activities. It has been observed that lead concentration in areas inhabited by people is 20 times higher than in regions that are not influenced directly by the actions of people. As a result, various regulations and laws have been enacted to control effluence with these heavy metals. Thus, the Environmental Protection Agency, an institution set by the federal government to adjust and observe pollutants discharge in the environment, has set the allowable limits of massive metal emissions as copper 1.3 ppm, mercury two ppb, cadmium 5ppb, lead 15 ppb and chromium 100 ppb (EPA). Copper is one of the conventional metal as it is used in metal mechanic manufactories, industrial plant, and also in food production. Although many laws have set limits of allowable copper emissions, excess of its compounds are prevalent in water bodies. Therefore, it has become necessary to find ways of safely removing copper from aqueous solutions.
This study is aimed at investigating the efficiency of an adsorbent material BN in adsorption of CuSO4 from aqueous solutions. The investigation was conducted using the usages rates of BN, the influence of BN dose, and results from other batch adsorption studies.2.0 Literature Review
In the last few decades, contamination of water resources with ions from heavy metals has increased, becoming a global concern. Studies have shown that some metals are toxic to the ecological environment and human lives. Copper sulfate is a compound of copper and sulfur which forms a heavy metal precipitate in water bodies. However, copper in controlled amounts is essential in life forms due to its extensive role in the ge.
Running Head: UNIT 6 ASSIGNMENT 1 1
UNIT 6 ASSIGNMENT 1 9
Xavier Williams
Unit 6 Assignment 1
Introduction
This course is designed for the department of engineering. In this engineering course, I will teach the learners about water resource engineering. They will learn Integrated Water Resources Development (IWRD) and Integrated Water Resources Management (IWRM) as a general framework for Water Resources Engineering. The students will mention water challenges experienced in their locality. This will be done in groups of five students with the aim of stating challenges of water and how to solve them. At the end of each lesson the teacher will lead in demonstration of various water resources and how water from the sources can be harnessed. The following will be the student learning goals; Learners will be able to understand elements integrated water resources management. Learners will be able to know erosion and deposition in rivers, Learners will be able to learn laws governing water in their country and internationally, Learners will be able to know erosion and deposition in rivers, Learners will be able to sit in groups and discuss different water sources.
Since this is an engineering lesson, it will be necessary to conduct a practical experience. Learners play an active role and engage more during practical exercises than in theoretical practices. During practical exercises, students get a chance to utilize what they learnt in class and build confidence while at it to deal with real world situations. Allowing students to have discussions in groups’ plays a great role in learning experience by enhancing democratic learning, complements reflective learning and accommodates individual difference. Therefore, I aim to mix the low-ability learners with the high ability learners and help in leading discussions to ensure achievement of learning goals by the end of the course.
Learning goals
Learning goals state what the teacher intends the students to achieve as a result of a successful completion of the teaching experience. It could be at the end of a program, a course or learning experience. A course learning goal explains what the students will be capable to perform at the end of a course while program goal is what the student is capable of achieving at the end of their degree or diploma certificate. A well state learning goals should state the outcomes (Marzano, 2010). This is basically what the student will be in a position to do after they successfully complete the course. They should be simple and clear such that everyone comprehends them. They should focu.
Running head UNIT 2 ASSIGNMENT 1 Unit 2 Assignment St.docxjenkinsmandie
Running head: UNIT 2 ASSIGNMENT 1
Unit 2 Assignment
Student Name
Purdue University Global
Please note that this is a sample Unit4 Assignment to help inspire and guide your own
original writing of the assignment. Be sure to review the assignment instructions and grading
rubric, complete each task in the instructions, and contact the instructor with any questions.
Commented [S1]: The title page and document
are properly formatted in APA 6th edition style.
For tips on formatting, see the Writing Center’s
Citation Guides page:
https://library.purdueglobal.edu/writingcenter/cita
tionguides
https://library.purdueglobal.edu/writingcenter/citationguides
https://library.purdueglobal.edu/writingcenter/citationguides
UNIT 2 ASSIGNMENT 2
Unit 2 Assignment
One of the most interesting aspects of persuasion is that it can apply to so many different
areas in life, from the personal to the professional to the academic. A few months ago, I had an
opportunity to use persuasive writing on Facebook to help my cousin reach an important
decision. She had posted about wanting to adopt a cat but mentioned that she didn’t like having
to fill out the lengthy application that her local shelter required. She posted a little rant about this
and ended it with, “Maybe I should just buy a kitty at the pet store. It’d be a lot less
complicated!” As someone who has several rescue animals, I have strong feelings about this
subject, and I wanted to address this in a message to her. I told her about my experience adopting
my pets and how rewarding it was to know that these surrendered animals had found a loving
home with me. I even did a little research and shared some statistics I found: Over three million
unwanted cats are brought to shelters each year, and a significant percentage of them end up
getting euthanized (ASPCA, 2018). Since my cousin is a very down-to-earth person, I wrote
about all this in a way that I knew would speak to her: factually and straightforward, with a little
humor thrown in (I included some funny stories about Tippy, my newest rescue). She ended up
thanking me profusely for the message, and not two weeks later she was back on Facebook
again, posting pictures of the beautiful domestic shorthair cat she adopted from the shelter.
Another equally important area of persuasive communication is that which occurs in a
professional context. As a future psychologist, I will likely be responsible for proposing
treatment plans and collaborating on treatment plans in a team setting as well. For the time being,
I am working in a call center, and I recently had a firsthand experience with persuasive
workplace communication. My coworkers and I had been talking among ourselves about how
nice it would be to have “Casual Fridays” where we could have the option of wearing jeans to
Commented [S2]: This is a specific example of
persuasive writing in a personal context.
Commented.
Running head Uber Case Study2Uber Case Study.docxjenkinsmandie
Running head: Uber Case Study
2
Uber Case Study
Uber Case Study
XXX Student Name
June 30, 2018
I. Overview of Uber
Uber is a ride sharing company that was launched in San Francisco in 2010 when UberCab connected its first rider with a town car for a ride across the city (Uber.com). The company was designed to allow consumers to hail a ride from local drivers with the simple push of a button (using an app), and has since disrupted the taxi cab industry. The inception of Uber brought new technology and ideas into a transportation sector historically lacking in innovation and customer service. The company’s founders saw an opportunity to use technologies such as smartphones, GPS and Google Maps to improve transportation and the result has been a more convenient, faster and cheaper service.
Uber is headquartered in San Francisco, California and operates by charging consumers for rides. This is primarily how the company generates revenue (although they do participate in some advertising on their website). The Uber app facilitates the location of a driver and the transfer of funds. The fare is then charged to the consumer’s credit card (Investopedia.com, 2018). Uber quickly raised money and launched operations in hundreds of cities; it is now in over 65 countries and cities worldwide. Last year, Uber announced it had completed 4 billion trips (15 million trips are completed each day) (Uber.com).
Since 2010, Uber’s service offerings have become quite expansive. Although they initially offered only full service luxury vehicles, now when hailing a ride consumers have choices such as Uber Pool, Uber X, Uber XL and Uber Black. These choices were non-existent previously with taxi cab companies. More recently, Uber has entered other markets such as the food delivery business. They now offer services such as UberEATs which delivers food from local restaurants (Ubereats.com, 2018).
To understand Uber’s main competitors and market structure, it is important to understand some of the history behind taxi companies, especially in major cities. Taxi cab drivers had a monopoly prior to Uber entering in many cities such as New York. In 1937, New York City passed the Haas Act which established a licensing system to influence supply. The system required taxi drivers to purchase a medallion in order to operate. The government sells limited numbers of medallions which allows them to control competition and entry into the market. This is at the expense of consumers since it restricts supply and keeps costs high. Despite a growing population, the number of available medallions has remained partially fixed, only increasing marginally. Taxi drivers with a medallion enjoy high profits and have fewer incentives to ensure satisfaction. Today, the number of medallions in New York City remains capped, maintaining a barrier to entry.
After Uber launched in New York City, the prices of medallions dropped significantly; this has be.
Running Head Unit I1Running Head Unit IUnit I.docxjenkinsmandie
Running Head: Unit I
1
Running Head: Unit I
Unit I Scholarly Activity
Student Name
Institution
Attitude refers to the tendency of positively or negatively responding to a particular situation, idea, person, or object. An individual's attitude affects the choices they make, as well as how they respond to rewards, incentives, and challenges. Abortion, on the other hand, refers to the termination of a pregnancy by removing an embryo or fetus before its survival in the environment outside the uterus. When an abortion happens without intervention is known as a miscarriage. Induced abortion is what happens when there are intentional steps and procedures put in place to end a pregnancy. There are different attitudes toward abortion among various groups of people (Fabrigar & Wegener, 2010).
A significant percentage of women have a positive attitude towards abortion and support it if the pregnancy was unplanned. Women desire to terminate an unwanted pregnancy. Some women also argue that abortion should be legalized while another portion is against the idea of legalizing it. Most of those who support its legalization have practiced or have helped others abort. Most people who believe in God do not support abortion because they think only God has permission to terminate one's life. They view abortion breaking the commandment, which states that thou shall not kill. Many religious leaders are also not in support of abortion since it is a way of murdering an innocent soul (Doran & Nancarrow, 2015). In most countries, abortion under the law is illegal except when the life of the mother is in danger, and the only way of saving the life of that mother would be by terminating the pregnancy.
Attitude affects the daily decision in my life as well of those around me. For example, my negative attitude towards a certain meal makes me avoid making it when it's my turn to prepare food at home. This causes chaos at home since my not liking the meal does not necessarily mean that the other members of the family do not like it. Also, sometimes, a day doesn't always go the way I wanted. This makes my moods and reactions for the rest of the day change, which profoundly affects those around me. This is due to most of the choices I make will be negative based on how the day has been.
My research about abortion has affected my view of the abortion issue. I have learned that it is not always that abortion is deliberate since sometimes miscarriage can occur without the consent of the pregnant woman. Sometimes it is understandable for the abortion to be affected, especially if the life of the mother is in danger. For example, if the child has died while still in the womb, the only way to save the mother's life would be by inducing them so that the child is removed.
Choosing the topic of abortion might lead to cropping up of different issues such as debates on whether abortion should be accepted or not as well as counseling issues. Counseling on pregnancy mig.
Running Head TYPOLOGY 1 TYPOLOGY 5 Typology The s.docxjenkinsmandie
Running Head: TYPOLOGY 1
TYPOLOGY 5
Typology
The social justice case in Cortez Multimedia results to diverse counsellors increasing
their assertiveness and awareness of the vulnerabilities which place people at risk of
like in the case of Paula Cortez. 1 For instance, counsellors might use activities which
are mindfulness-based such as body awareness exercises and body scans to aid
clients to be able to differentiate between past and current experiences. In such a
case, I would use group therapy to help her feel better about herself and know that
she is not the only one undergoing the difficult moments (Toseland, et.al, 2017).
1 In addition, group therapy is essential in establishing support as well as rapport
and helps in guaranteeing motivation among different members in a given group in a
therapy among victims of thinking about suicidal concerns. The kind of therapy
entails of joining the purposes of the miscellaneous people of the group and
therapists or rather counsellors who have dealt with such specific individuals. A
group therapist is anticipated to be unequivocal and reassuring as well as places
stress and puts augmented concentration towards the progress and development of
the upcoming of different people, especially like in our case of Paula Cortez, who
might have gone through a lot.Also, according to Carl Rogers’s, “person-centered
group therapy and the democratic leadership style would be a better fit in that
person-centered group therapy is distinguished by the conditions of the group as
impacted by the leader” (Berg et.al, 2018).
2 There are several fields that are addressed by internet-based-psychological-
interventions (IBPI). These include; 2 substance and alcohol abuse, self-help
therapies for addiction, sex disorders, anxieties and many other mental and
behavioral issues or disorders that consist of self-imaging/eating, sleeping disorders,
and smoking cessation.Most of these internet interventions are cognitive
programmers of behavior who get proposed as guided self-help programmers on the
internet. Also, these system analysts are pure self-help database critics while others
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https://class.waldenu.edu/webapps/mdb-sa-BBLEARN/originalityReport?attemptId=68a7a93b-0671-4f3e-adbf-c9c81e5fbbb6&includeDeleted=true&course_id=_16598286_1
https://class.waldenu.edu/webapps/mdb-sa-BBLEARN/originalityReport?attemptId=68a7a93b-0671-4f3e-adbf-c9c81e5fbbb6&includeDeleted=true&course_id=_16598286_1
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https://class.waldenu.edu/.
Running head U.S. HEALTHCARE EXECUTIVES 1U.S. HEALTHCARE EX.docxjenkinsmandie
Running head: U.S. HEALTHCARE EXECUTIVES
1
U.S. HEALTHCARE EXECUTIVES
7
Week 2 Assignment-Operational challenges, trends and issues for the U.S. Healthcare Executives
Student’s Name
Institutional Affiliation
Introduction
A healthcare system is an organization of funds, individuals, and institutions which provide healthcare to satisfy the health requirements of a society. Globally, healthcare systems vary depending on the specific healthcare needs of particular states. Nevertheless, the common aspects of public and private care are often similar (Drummond, Sculpher, Claxton, Stoddart & Torrance, 2015). Over the years, we have witnessed the systems evolving, and with this constant change, it is vital to analyze operational challenges, trends, and issues for the U.S. healthcare executives. In this paper, the main areas that will be discussed are operational challenges, trends, and problems experienced in the United States health care executives.
Challenges experienced in the healthcare workplace
Various problems have been experienced in the healthcare workplace relating to healthcare provision in the United States. Financial difficulties are one of the main challenges being experienced in the healthcare workplace in the United States. The vital financial problems arise due to lack of enough finances for implementation of new technologies to improve healthcare delivery process (Mayes, 2017). Most healthcare facilities lack adequate funds to implement advanced technologies that can be used to increase the quality of healthcare delivery. As a result, this has reduced healthcare quality improvement plans in the United States. Therefore, there is a need for federal governments to meek proper arrangements to fund all healthcare activities to improve services delivery in the health sector.
Besides, healthcare professionals to comply with federal requirements for electronic health records is another challenge that has been experienced in the United States healthcare workplace. For the past year, some healthcare professionals have failed to comply with federal government guidelines regarding health care delivery (Mayes, 2017). Furthermore, the increasing number of patients who cannot pay for health care services is a significant challenge that has been experienced in the United States healthcare delivery systems. These finance challenges adversely affect healthcare delivery system in the United States.
Work overload is another major challenge that has been experienced in the United States health sectors (Mayes, 2017). Observations for past years reveal that work overload at the workplace affects the performance of health care professionals in the United States. Most healthcare professionals are assigned many responsibilities at workplaces, which reduces their efficiency.
Another cause of the rising cost of healthcare is the introduction of government programs. For example, Medicare assists those without insurance, which led to an incre.
Running head TYPE THE TITLE OF YOUR PAPER HERE1TYPE THE T.docxjenkinsmandie
Running head: TYPE THE TITLE OF YOUR PAPER HERE
1
TYPE THE TITLE OF YOUR PAPER HERE
2
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Author Name(s), First M. Last, Omit Titles and Degrees
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Prof. Martin Hyatt
ENGLISH COMPOSITION I
Essay 2
The following essay is based on the poetry selections from the textbook or the short story,“Cathedral,” by Raymond Carver.
Please choose one of the following topics.
Complete a 2-3 page (500-750 word) essay on your chosen topic. This essay is due Week 12, of the semester. The essay should be typed, double-spaced using 12 point font. You should use Times New Roman or Courier font.
Do not use “I” in the paper.
NO LATE PAPERS WILL BE ACCEPTED.
Topics (CHOOSE ONLY ONE)
You can choose to write about Fences or about “Cathedral.”
Poetry Selections
1. Choose one of the poems we read. What is the main idea of this poem? (Remember, the main idea is the theme.) Why is the theme important to the poem and to society as a whole?
2. Compare and contrast two of the poems. What makes these two poems similar and different? Why are these two poems considered to be important? What can we learn from them?
“Cathedral”
1. How does the narrator of “Cathedral” change throughout the story? What does this narrator learn?
2. What does this story tell us about transformation? What does the story tell us about the way in which we see others in society?
1
Cathedral
By Raymond Carver (1981)
This blind man, an old friend of my wife’s, he was on his way to
spend the night. His wife had died. So he was visiting the dead wife’s
relatives in Connecticut. He called my wife from his in-law’s. Arrangements
were made. He would come by train, a five-hour trip, and my wife would
meet him at the station. She hadn’t seen him since she worked for him one
summer in Seattle ten years ago. But she and the blind man had kept in
touch. They made tapes and mailed them back and forth. I wasn’t
enthusiastic about his visit. He was no one I knew. And his being blind
bothered me. My idea of blindness came from the movies. In the movies, the
blind moved slowly and never laughed. Sometimes they were led by seeing-
eye dogs. A blind man in my house was not something I looked forward to.
That summer in Seattle she had needed a job. She didn’t have any
money. The man she was going to marry at the end of the summer was in
officers’ training school. He didn’t have any money, either. But she was in
love with the guy, and he was in love with her, etc. She’d seen something in
the paper: HELP WANTED—Reading to Blind Man, and a telephone
number. She phoned and went over, was hired on the spot. She worked with
this blind man all summer. She read stuff to him, case studies, reports, that
sort of thing..
A review of the growth of the Israel Genealogy Research Association Database Collection for the last 12 months. Our collection is now passed the 3 million mark and still growing. See which archives have contributed the most. See the different types of records we have, and which years have had records added. You can also see what we have for the future.
MATATAG CURRICULUM: ASSESSING THE READINESS OF ELEM. PUBLIC SCHOOL TEACHERS I...NelTorrente
In this research, it concludes that while the readiness of teachers in Caloocan City to implement the MATATAG Curriculum is generally positive, targeted efforts in professional development, resource distribution, support networks, and comprehensive preparation can address the existing gaps and ensure successful curriculum implementation.
This presentation includes basic of PCOS their pathology and treatment and also Ayurveda correlation of PCOS and Ayurvedic line of treatment mentioned in classics.
it describes the bony anatomy including the femoral head , acetabulum, labrum . also discusses the capsule , ligaments . muscle that act on the hip joint and the range of motion are outlined. factors affecting hip joint stability and weight transmission through the joint are summarized.
Macroeconomics- Movie Location
This will be used as part of your Personal Professional Portfolio once graded.
Objective:
Prepare a presentation or a paper using research, basic comparative analysis, data organization and application of economic information. You will make an informed assessment of an economic climate outside of the United States to accomplish an entertainment industry objective.
This presentation was provided by Steph Pollock of The American Psychological Association’s Journals Program, and Damita Snow, of The American Society of Civil Engineers (ASCE), for the initial session of NISO's 2024 Training Series "DEIA in the Scholarly Landscape." Session One: 'Setting Expectations: a DEIA Primer,' was held June 6, 2024.
Normal Labour/ Stages of Labour/ Mechanism of LabourWasim Ak
Normal labor is also termed spontaneous labor, defined as the natural physiological process through which the fetus, placenta, and membranes are expelled from the uterus through the birth canal at term (37 to 42 weeks
Normal Labour/ Stages of Labour/ Mechanism of Labour
Briefing a CaseOne of the fundamental skills in legal research i
1. Briefing a Case
One of the fundamental skills in legal research is briefing a
case. This technique is very helpful for highlighting the
important facts of the case and also understanding how the
courts apply the relevant laws to the facts of a case to come up
with their rulings. When your briefing a case, you’re basically
summarizing the case but you’re pulling out the most relevant
information. There are many different ways to brief a case but
the most popular way is the FIRAC method. This is a widely
accepted method for briefing cases and it’s the method I used
throughout law school. FIRAC stands for Facts, Issue, Rule,
Analysis, and Conclusion. I’ll go through and discuss each step
in the FIRAC method. The first case brief is due next week.
Since for most, if not all of you this is your first attempt at
briefing a case, this will not be graded as harshly as the others.
Once you submit your briefs I will post an example of how a
case should be briefed and also provide you with feedback so
that you can understand how the other cases should be briefed.
The first letter in the FIRAC method stands for Issue.
Facts: These are the most important facts of the case; they
should include the parties involved, what happened and how the
case go to this point
Issue: This is the question presented for the court to answer.
This will usually be a question about how the law is/was applied
to the case and whether it was done correctly
Rule: This is the relevant rule of law that the court uses to
answer the questions in the case
Analysis: In this section of the brief you will explain how the
applied the law and reached its decision in the case
Conclusion: How the court answered the question in the issue
and how the court ruled in the case
Case Citation (Case names should be in Italics; ex. John v. Doe
123 F.3d 456 ( 1st Cir. 2016))
2. Facts:
These are the most important facts of the case; they should
include the parties involved, what happened and how the case
got to this point (the procedural history: who’s suing who?
What happened in the lower court? Who is appealing?)
Issue:
This is the question presented for the court to answer. This will
usually be a question about how the law is/was applied to the
case and whether it was done correctly This should be in the
form of a question. In many cases the issue will also correspond
with why a person is appealing
Rule:
This explains how the court should apply the relevant rule of
law. This does NOT mean the ruling in the case. This section
should explain how the court is supposed to apply the law to
answer the question in the issue
Analysis:
In this section of the brief you will explain how the applied the
law and reached its decision in the case. This should connect
the rule of law explained in the previous section to the facts of
the case.
Conclusion:
How the court answered the question in the issue and how the
court ruled in the case
*Each section should be written in single-spaced, 12 pt. Times
New Roman font. There should only be one space between the
case citation and each of the sections. DO NOT include the
date, class, my name or your name. Failure to follow these
instructions will result in point deductions on your grade.
3. Law v. NCAA
United States Court of Appeals for the Tenth Circuit
January 23, 1998, Filed
No. 96-3034
Reporter
134 F.3d 1010 *; 1998 U.S. App. LEXIS 940 **; 1998-1 Trade
Cas. (CCH) P72,047; 1998 Colo. J. C.A.R. 609
NORMAN LAW, ANDREW GREER, PETER HERRMANN,
MICHAEL JARVIS, JR., and CHARLES M. RIEB,
individually and on behalf of others similarly situated,
Plaintiffs-Appellees, v. NATIONAL COLLEGIATE ATHLETIC
ASSOCIATION, Defendant-Appellant, and WILLIAM HALL,
Amicus Curiae.
Subsequent History: [**1] Certiorari Denied October 5, 1998,
Reported at: 1998 U.S. LEXIS 4921.
Prior History: Appeal from the United States District Court for
the District of Kansas. (D.C. No. 94-2053-KHV).
KATHRYN H. VRATIL.
4. Disposition: AFFIRMED.
Counsel: William C. Barnard (Gayle A. Reindl, Donald C.
Biggs and Mary T. Doherty of Sommer & Barnard,
Indianapolis, Indiana; John J. Kitchin and Linda J. Salfrank of
Swanson, Midgley, Gangwere, Kitchin & McLarney,
Kansas City, Missouri, with him on the briefs) for Defendant-
Appellant.
W. Dennis Cross (Lori R. Schultz of Morrison & Hecker,
Kansas City, Missouri; Robert G. Wilson of Cotkin &
Collins, Los Angeles, California; and Gerald I. Roth,
Allentown, Pennsylvania, with him on the briefs) for Plaintiffs-
Appellees.
Leonard B. Simon, Jan M. Adler, Dennis Stewart and Bonny E.
Sweeney of Milberg, Weiss, Bershad, Hynes &
Lerach, San Diego, California; R. Lawrence Ward, Phillip W.
Bledsoe of Shugart, Thomson, & Kilroy, Kansas City,
Missouri; and Steven Beldsoe, Overland Park, Kansas of
Shugart, Thomson, & Kilroy, on the brief for the Amicus
6. filed a class action challenging the restriction under Section 1
of the Sherman Antitrust Act. The district court
granted summary judgment on the issue of liability to the
coaches and issued a permanent injunction restraining the
NCAA from promulgating this or any other rules embodying
similar compensation restrictions. The NCAA now
appeals, and we affirm.
I. Background
The NCAA is a voluntary unincorporated association of
approximately 1,100 educational institutions. 1 The
association coordinates the intercollegiate athletic programs of
its members by adopting and promulgating playing
rules, standards of amateurism, standards for academic
eligibility, regulations concerning recruitment of student
athletes, rules governing the size of athletic squads and
coaching staffs, and the like. The NCAA aims to "promote
opportunity for equity in competition to assure that individual
student-athletes and institutions will not be prevented
unfairly from achieving the benefits inherent in participation in
intercollegiate athletics."
[**3] The NCAA classifies sports programs into separate
divisions to reflect differences in program size and scope.
NCAA Division I basketball programs are generally of a higher
7. stature and have more visibility than Division II and
III basketball programs. Over 300 schools play in Division I,
and each Division I member hires and employs its own
basketball coaches.
During the 1980s, the NCAA became concerned over the
steadily rising costs of maintaining competitive athletic
programs, especially in light of the requirements imposed by
Title IX of the 1972 Education Amendments Act to
increase support for women's athletic programs. The NCAA
observed that some college presidents had to close
academic departments, fire tenured faculty, and reduce the
number of sports offered to students due to economic
constraints. At the same time, many institutions felt pressure to
"keep up with the Joneses" by increasing spending
on recruiting talented players and coaches and on other aspects
of their sports programs in order to remain
competitive with rival schools. In addition, a report
commissioned by the NCAA known as the "Raiborn Report"
found that in 1985 42% of NCAA Division I schools reported
deficits [**4] in their overall athletic program budgets,
with the deficit averaging $ 824,000 per school. The Raiborn
Report noted that athletic expenses at all [*1013]
Division I institutions rose more than 100% over the eight-year
period from 1978 to 1985. Finally, the Report stated
8. that 51% of Division I schools responding to NCAA inquiries
on the subject suffered a net loss in their basketball
programs alone that averaged $ 145,000 per school.
1 Because this appeal stems from the grant of a motion for
summary judgment, we review the facts taken in the light most
favorable to the NCAA, the non-moving party. See Kaul v.
Stephan, 83 F.3d 1208, 1212 (10th Cir. 1996).
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Law v. NCAA
Part of the problem identified by the NCAA involved the costs
associated with part-time assistant coaches. The
NCAA allowed Division I basketball teams to employ three full-
time coaches, including one head coach and two
assistant coaches, and two part-time coaches. The part-time
positions could be filled by part-time assistants,
graduate assistants, or volunteer coaches. The NCAA imposed
salary restrictions on all of the part-time positions. A
9. volunteer coach could not receive any compensation from a
member institution's athletic department. A graduate
assistant coach was required to be enrolled in a graduate studies
program of a member institution and could only
receive compensation equal to the value of the cost of the
educational experience (grant-in-aid) [**5] depending on
the coach's residential status (i.e. a non-resident graduate
assistant coach could receive greater compensation to
reflect the higher cost of out-of-state tuition than could an in-
state student). The NCAA limited compensation to part-
time assistants to the value of full grant-in-aid compensation
based on the value of out-of-state graduate studies.
Despite the salary caps, many of these part-time coaches earned
$ 60,000 or $ 70,000 per year. Athletic
departments circumvented the compensation limits by
employing these part-time coaches in lucrative summer jobs
at profitable sports camps run by the school or by hiring them
for part-time jobs in the physical education
department in addition to the coaching position. Further, many
of these positions were filled with seasoned and
experienced coaches, not the type of student assistant
envisioned by the rule.
In January of 1989, the NCAA established a Cost Reduction
Committee (the "Committee") to consider means and
10. strategies for reducing the costs of intercollegiate athletics
"without disturbing the competitive balance" among
NCAA member institutions. The Committee included financial
aid personnel, inter-collegiate athletic [**6]
administrators, college presidents, university faculty members,
and a university chancellor. In his initial letter to
Committee members, the Chairman of the Committee thanked
participants for joining "this gigantic attempt to save
intercollegiate athletics from itself." It was felt that only a
collaborative effort could reduce costs effectively while
maintaining a level playing field because individual schools
could not afford to make unilateral spending cuts in
sports programs for fear that doing so would unduly hamstring
that school's ability to compete against other
institutions that spent more money on athletics. In January of
1990, the Chairman told NCAA members that the goal
of the Committee was to "cut costs and save money." It became
the consensus of the Committee that reducing the
total number of coaching positions would reduce the cost of
intercollegiate athletic programs.
The Committee proposed an array of recommendations to amend
the NCAA's bylaws, including proposed Bylaw
11.6.4 that would limit Division I basketball coaching staffs to
four members--one head coach, two assistant
11. coaches, and one entry-level coach called a "restricted-earnings
coach". 2 The restricted-earnings [**7] coach
category was created to replace the positions of part-time
assistant, graduate assistant, and volunteer coach. 3 The
Committee believed that doing so would resolve the inequity
that existed between those schools with graduate
programs that could hire graduate assistant coaches and those
who could not while reducing the overall amount
spent on coaching salaries.
[*1014] A second proposed rule, Bylaw 11.02.3, restricted
compensation of restricted-earnings coaches in all
Division [**8] I sports other than football to a total of $ 12,000
for the academic year and $ 4,000 for the summer
months (the "REC Rule" for restricted-earnings coaches). 4 The
Committee determined that the $ 16,000 per year
2 Bylaw 11.6.4 provided in pertinent part:
Number Limits. There shall be a limit on the number of coaches
that may be employed by an institution in each sport (o ther
than football) as follows: Sport: Basketball, Men; Head or
Assistant Coach: 3; Restricted-Earnings Coach: 1.
3 The proposed rule included a "grandfather clause" exempting
schools from the staffing limitations where academic tenure,
enforceable written contracts, or formal security-of-employment
12. commitments would make it impossible to comply with such
limits.
4 Bylaw 11.02.3 provided:
Restricted-Earnings Coach. A restricted-earnings coach is any
coach who is designated by the institution's athletics
department to perform coaching duties and who serves in that
capacity on a volunteer or paid basis with the following
limitations on earnings derived from the member institution:
Law v. NCAA
total figure approximated the cost of out-of-state tuition for
graduate schools at public institutions and the average
graduate school tuition at private institutions, and was thus
roughly equivalent to the salaries previously paid to part-
time graduate assistant coaches. The REC Rule did allow
restricted-earnings coaches to receive additional
compensation for performing duties for another department of
the institution provided that (1) such compensation is
commensurate with that received by others performing the same
or similar assignments, (2) the ratio of
compensation received for coaching duties and any other duties
13. is directly proportional to the amount of time
devoted to the two areas of assignment, and (3) the individual is
qualified for and actually performs the duties
outside the athletic department for which the individual is
compensated. The REC Rule did not prevent member
institutions from using savings gained by reducing the number
and salary of basketball coaches [**9] to increase
expenditures on other aspects of their athletic programs.
[**10] Supporting adoption of the REC Rule, the Committee
stated:
The largest expense item in the athletics budget is personnel.
Currently, only football and basketball have limits
on the number of coaches who may be employed, and the
existing categorical designations of part-time
graduate student and volunteer coach have not been effective in
reducing the number of full-time paid
employees associated with the sport. In addition, the committee
recognizes the recent proliferation of part-time
personnel associated with many Division I sports.
Proposed limitations reflect an effort to (1) reduce the number
of coaches associated with each sport by at
least one full-time-equivalent position; (2) establish an
"unrestricted" head or assistant coach category that will
accommodate any type of volunteer, paid, full-time or part-time
coach; and (3) establish a "restricted earnings"
14. category that will encourage the development of new coaches
while more effectively limiting compensation to
such coaches.
"Report of the NCAA Special Committee on Cost Reduction,"
Part Two, P 1.
(a) During the academic year, a restricted-earnings coach may
receive compensation or remuneration from the institution's
athletics department that is not in excess of either $ 12,000 or
the actual cost of educational expenses incurred as a
graduate student.
(b) During the summer, a restricted-earnings coach may receive
compensation or remuneration (total remuneration shall
not exceed $ 4,000) from:
(1) The institution's athletics department or any organization
funded in whole or in part by the athletics department or
that is involved primarily in the promotion of the institution's
athletics program (e.g., booster club, athletics foundation
association);
(2) The institution's camp or clinic,
(3) Camps or clinics owned or operated by institutional
employees, or
(4) Another member institution's summer camp.
15. (c) During the summer or the academic year, the restricted-
earnings coach may receive compensation for performing duties
for another department or office of the institution, provided:
(1) The compensation received for those duties outside the
athletic department is commensurate with that received by
others performing those same or similar assignments,
(2) The ratio of compensation received for coaching duties and
any other duties is directly proportionate to the amount
of time devoted to the two areas of assignment, and
(3) The individual is qualified for and is performing the duties
outside the athletic department for which the individual is
compensated.
(d) Compensation for employment from a source outside the
institution during the academic year or from sources other
than those specified under 11.02.3-(b) and 11.02.3-(c) above
during the summer shall be excluded from the individual's
limit on remuneration.
Law v. NCAA
[*1015] The NCAA adopted the proposed rules, including the
16. REC Rule, by majority vote in January of 1991, and
the rules became [**11] effective on August 1, 1992. 5 The
rules bind all Division I members of the NCAA that
employ basketball coaches. The schools normally compete with
each other in the labor market for coaching
services.
In this case, plaintiffs-appellees were restricted-earnings men's
basketball coaches at NCAA Division I institutions in
the academic year 1992-93. They challenged the REC Rule's
limitation on compensation under section 1 of the
Sherman Antitrust Act, 15 U.S.C. § 1 (1990), as an unlawful
"contract, combination . . . or conspiracy, in restraint
of [**12] trade." They did not challenge other rules
promulgated by the NCAA, including the restriction on the
number of coaches. The district court exercised jurisdiction
pursuant to 28 U.S.C. § 1337 (1993) 6 and 15 U.S.C. §§
15 and 26 (1982). 7
[**13] The district court addressed the issue of liability before
addressing issues of class certification and
damages. Ruling on cross-motions for summary judgment, the
court found the NCAA liable for violating section 1.
Following the ruling, an administrative committee of the NCAA
rescinded the compensation limits. However, the
17. rescission was subject to ratification by NCAA members at their
January 1996 meeting, and the appellate record
does not reflect that such ratification ever occurred. Prior to the
meeting, a new rule was proposed that would have
eliminated the restricted-earnings coach position and replaced it
with a position having similar compensation
restrictions. On January 5, 1996, the district court, pursuant to
15 U.S.C. § 26, permanently enjoined the NCAA
from enforcing or attempting to enforce any restricted-earnings
coach salary limitations against the named plaintiffs,
and it further enjoined the NCAA from "reenacting the
compensation limitations embodied in [the REC Rule]." The
NCAA appeals the permanent injunction.
5 Other cost-saving measures were adopted that, inter alia,
limited:
* the number of coaches who could recruit off campus.
* off-campus contacts with prospective student-athletes.
* visits by prospective student-athletes.
* printed recruiting materials.
* the number of practices before the first scheduled game.
* the number of games and duration of seasons.
18. * team travel and training table meals.
* financial aid grants to student-athletes.
6 28 U.S.C. § 1337 provides in relevant part:
(a) The district courts shall have original jurisdiction of any
civil action or proceeding arising under any Act of Congress
regulating commerce or protecting trade and commerce against
restraints and monopolies.
7 15 U.S.C. § 15 provides in relevant part:
(a) Except as provided in subsection (b) of this section
[regarding foreign states], any person who shall be injured in
his
business or property by reason of anything forbidden in the
antitrust laws may sue therefor in any district court of the
United
States in the district in which the defendant resides or is found
or has an agent, without respect to the amount in
controversy, and shall recover threefold the damages by him
sustained, and the cost of suit, including a reasonable
attorney's fee.
15 U.S.C. § 26 provides in relevant part:
Any person, firm, corporation, or association shall be entitled to
sue for and have injunctive relief, in any court of the United
States having jurisdiction over the parties, against threatened
19. loss or damage by a violation of the antitrust laws.
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20. Law v. NCAA
II. Summary Judgment Review
Although this is an interlocutory appeal, we have appellate
jurisdiction pursuant to 28 U.S.C. § 1292(a)(1) (1993)
[**14] because the NCAA seeks review of an order granting a
permanent injunction. 8 In reviewing the injunction,
we may also address the summary judgment order that served as
the district court's principal legal basis for
granting the injunction because the district court's ruling on
summary judgment was inextricably intertwined with its
ruling granting a permanent injunction. See Tri-State
Generation & Transmission Ass'n, Inc. v. Shoshone River
Power, Inc., 874 F.2d 1346, 1351 (10th Cir. 1989); see also
Moore v. City of Wynnewood, [*1016] 57 F.3d 924,
930 (10th Cir. 1995) (court may consider pendent jurisdiction
appeals beyond those authorized for interlocutory
appeal if the issues are inextricably intertwined) (citing Swint
v. Chambers County Comm'n, 514 U.S. 35, 115 S. Ct.
1203, 1212, 131 L. Ed. 2d 60 (1995)).
[**15]
21. Typically, we review a district court's grant of an injunction for
abuse of discretion. See United States v. Jenks, 22
F.3d 1513, 1519 (10th Cir. 1994). However, in this case, the
NCAA challenges only that part of the injunction finding
that it violated antitrust law. 9 The district court relied on its
prior order granting summary judgment for that issue.
We review de novo a summary judgment which serves as a basis
for an injunction. See id. at 1517.
Summary judgment is appropriate if the pleadings, depositions,
answers to interrogatories, and admissions on file,
together with the affidavits, if any, show that there is no
genuine issue as to any material fact and that the moving
party is entitled to judgment as a matter of law. When applying
this standard, we examine the factual record and
reasonable inferences therefrom in the light most favorable to
the party opposing summary [**16] judgment. If there
is no genuine issue of material fact in dispute, then we next
determine if the substantive law was correctly applied
by the district court.
While the movant bears the burden of showing the absence of a
genuine issue of material fact, the movant
need not negate the non-movant's claim, but need only point to
an absence of evidence to support the non-
movant's claim. If the movant carries this initial burden, the
non-movant may not rest upon its pleadings, but
22. must set forth specific facts showing a genuine issue for trial as
to those dispositive matters for which it carries
the burden of proof. An issue of material fact is genuine if a
reasonable jury could return a verdict for the non-
movant.
Kaul v. Stephan, 83 F.3d 1208, 1212 (10th Cir. 1996) (quoting
Wolf v. Prudential Ins. Co. of America., 50 F.3d 793,
796 (10th Cir. 1995) (further citations omitted)).
III. Rule of Reason Analysis
Section 1 of the Sherman Act provides, "Every contract,
combination in the form of trust or otherwise, or conspiracy,
in restraint of trade or commerce among the several States, or
with foreign nations, is hereby declared to be illegal."
15 U.S.C. § 1. [**17] Because nearly every contract that binds
the parties to an agreed course of conduct "is a
restraint of trade" of some sort, the Supreme Court has limited
the restrictions contained in section 1 to bar only
"unreasonable restraints of trade." NCAA v. Board of Regents,
468 U.S. 85, 98, 82 L. Ed. 2d 70, 104 S. Ct. 2948
(1984); see also Standard Oil Co. v. United States, 221 U.S. 1,
52-60, 55 L. Ed. 619, 31 S. Ct. 502 (1911). To
prevail on a section 1 claim under the Sherman Act, the coaches
23. needed to prove that the NCAA (1) participated in
8 The relevant part of 28 U.S.C. § 1292(a) provides:
The courts of appeals shall have jurisdiction of appeals from:
(1) Interlocutory orders of the district courts . . . granting . . .
injunctions.
9 The NCAA does not challenge other portions of the order,
such as the finding that a remedy at law would be insufficient.
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26. redeeming competitive rationales." Id. Once a practice
is identified as illegal per se, a court need not examine the
practice's impact on the market or the procompetitive
justifications for the practice advanced by a defendant before
finding a violation of antitrust law. Rule of reason
analysis, on the other hand, requires an analysis of the
restraint's effect on competition. [*1017] See National
Soc'y of Prof'l Engineers v. United States, 435 U.S. 679, 695,
98 S. Ct. 1355, 55 L. Ed. 2d 637 (1978). A rule of
reason analysis first requires a determination of whether the
challenged restraint has a substantially adverse effect
on competition. See SCFC, 36 F.3d at 965; United States v.
Brown Univ., 5 F.3d 658, 668 (3d Cir. 1993). The
inquiry …