Expungement Presentation – Gang Intervention ConferenceRecordGone
Attorneys from the Foundation, Natasha Buchanan and Mathew Higbee, provided information during two separate breakout session at the Orange County Education Departments Gang Intervention Conference on April 29, 2011. The conference was attended by approximately 500 leaders in the effort to help reduce crime and help people transition out of gangs.
This 3-page document contains definitions and examples of offences and defenses in English Common Law and applies to Commonwealth countries like the UK, NZ and Australia. Useful for beginner Law and Forensic Psychology students.
Principles of natural justice - Legal Environment of Business - Business Law ...manumelwin
Principles of natural justice PNJ were derived from the Romans who believed that some legal principles were “natural” or self evident and did not require a statutory basis. PNJ is embedded in Article 311 of the Constitution of India.
Essay Questions Exam #1 Due Sunday Oct 19th @ 10pm Emmanuel .docxbridgelandying
Essay Questions Exam #1
Due Sunday Oct 19th @ 10pm
Emmanuel
1. What are the differences between domestic law and international law? What are the sources for international law?
Domestic law is enforced by legit government. Codified by a legitimate government. Domestic law is dominated by dominated by culture. No true international law
International law – 1) a nation can consent to be bound by international law (agree to a treaty)
2)a convention (comes out of the UN) UN has to be signed by each country- international contract. 3) also consent by custom & practices.
2. What is "enfranchisement"? Discuss the amendments in the US Constitution that applies to
Enfranchisement- to admit to the privileges of a citizen and especially to the right of suffrage
Amendments
· 15th – blacks
· 19th –deals with women rights
· 23th –Washington D.C. can vote
· 24th – abolish property tax vote
· 26th – Lower voting age to 18 years
David Lopez
3. What is “ethics”? What is “morality”? What are the differences between ethics, morality and the law? Briefly discuss legal obligations, professional obligations and organizational obligations.
As mentioned in chapter 5, at the most basic level, ethics constitutes right or wrong behavior. It is a branch of philosophy focusing on morality and the way moral principles are derived and implemented. Ethics has to do with the fairness, justness, rightness, or wrongness of an action. Morals are influenced by culture or society, however they are principal’s set individually by person to person. Business ethics and business law are closely intertwined because ultimately the law rests on social beliefs about right and wrong behavior in the business world.
4. What is "pleadings"? Discuss the contents of a complaint.
The complaint and answer, taken together, are known as the pleadings.
-The facts showing that the court has subject- matter and personal jurisdiction
-The facts establishing the plaintiff’s basis for relief,
-The remedy the plaintiff is seeking.
5. Discuss at least four reasons why the court will apply equitable remedies. Note:UMIRU
Equitable remedies include specific performance, an injunction, and rescission. Specific performance involves ordering a party to perform an agreement as promised. An injunction is an order to a party to cease engaging in a specific activity or to undo some wrong or injury. Rescission is the cancellation of a contractual obligation.Todays courts will not grant equitable remedies unless the remedy at law (monetary damages )is inadequate.
6. Briefly discuss the major publication, practices and invention that had an influence on the US Constitution.
Ideas from many people and several existing documents, including the Articles of Confederation and Declaration of Independence had major influences on the publication for the constitution.
7. What is evidence law? What criteria must be met for evidence to be admissible.
The law of evidence provides principle ...
Expungement Presentation – Gang Intervention ConferenceRecordGone
Attorneys from the Foundation, Natasha Buchanan and Mathew Higbee, provided information during two separate breakout session at the Orange County Education Departments Gang Intervention Conference on April 29, 2011. The conference was attended by approximately 500 leaders in the effort to help reduce crime and help people transition out of gangs.
This 3-page document contains definitions and examples of offences and defenses in English Common Law and applies to Commonwealth countries like the UK, NZ and Australia. Useful for beginner Law and Forensic Psychology students.
Principles of natural justice - Legal Environment of Business - Business Law ...manumelwin
Principles of natural justice PNJ were derived from the Romans who believed that some legal principles were “natural” or self evident and did not require a statutory basis. PNJ is embedded in Article 311 of the Constitution of India.
Essay Questions Exam #1 Due Sunday Oct 19th @ 10pm Emmanuel .docxbridgelandying
Essay Questions Exam #1
Due Sunday Oct 19th @ 10pm
Emmanuel
1. What are the differences between domestic law and international law? What are the sources for international law?
Domestic law is enforced by legit government. Codified by a legitimate government. Domestic law is dominated by dominated by culture. No true international law
International law – 1) a nation can consent to be bound by international law (agree to a treaty)
2)a convention (comes out of the UN) UN has to be signed by each country- international contract. 3) also consent by custom & practices.
2. What is "enfranchisement"? Discuss the amendments in the US Constitution that applies to
Enfranchisement- to admit to the privileges of a citizen and especially to the right of suffrage
Amendments
· 15th – blacks
· 19th –deals with women rights
· 23th –Washington D.C. can vote
· 24th – abolish property tax vote
· 26th – Lower voting age to 18 years
David Lopez
3. What is “ethics”? What is “morality”? What are the differences between ethics, morality and the law? Briefly discuss legal obligations, professional obligations and organizational obligations.
As mentioned in chapter 5, at the most basic level, ethics constitutes right or wrong behavior. It is a branch of philosophy focusing on morality and the way moral principles are derived and implemented. Ethics has to do with the fairness, justness, rightness, or wrongness of an action. Morals are influenced by culture or society, however they are principal’s set individually by person to person. Business ethics and business law are closely intertwined because ultimately the law rests on social beliefs about right and wrong behavior in the business world.
4. What is "pleadings"? Discuss the contents of a complaint.
The complaint and answer, taken together, are known as the pleadings.
-The facts showing that the court has subject- matter and personal jurisdiction
-The facts establishing the plaintiff’s basis for relief,
-The remedy the plaintiff is seeking.
5. Discuss at least four reasons why the court will apply equitable remedies. Note:UMIRU
Equitable remedies include specific performance, an injunction, and rescission. Specific performance involves ordering a party to perform an agreement as promised. An injunction is an order to a party to cease engaging in a specific activity or to undo some wrong or injury. Rescission is the cancellation of a contractual obligation.Todays courts will not grant equitable remedies unless the remedy at law (monetary damages )is inadequate.
6. Briefly discuss the major publication, practices and invention that had an influence on the US Constitution.
Ideas from many people and several existing documents, including the Articles of Confederation and Declaration of Independence had major influences on the publication for the constitution.
7. What is evidence law? What criteria must be met for evidence to be admissible.
The law of evidence provides principle ...
Chapter 3 Due Process, Equal Protection, and Civil Rights Those .docxchristinemaritza
Chapter 3 Due Process, Equal Protection, and Civil Rights
Those who deny freedom to others deserve it not for themselves.
Abraham Lincoln
CHAPTER OBJECTIVES
After studying this chapter you should better understand:
· • The standards applied for determining whether a procedure satisfies the constitutional due process requirements
· • The manner in which the restrictions on federal government action in the Bill of Rights have been incorporated into the due process guaranty that applies to state actions
· • The U.S. Supreme Court’s approach to determining whether classifications violate the constitutional equal protection requirements
· • The classifications to which “strict scrutiny” is applied in the equal protection analysis
· • The basic remedies available for civil rights violations
At the heart of the rule of law lie the ideals that everyone should be treated fairly and equally before the law. Toward this end the U.S. Constitution protects individual rights by constraining government. But fairness and equality cannot be reduced to prohibitions. To reach more broadly the Constitution also includes fundamental guaranties. Many important court decisions and legislative acts addressing individual rights have been based on the two most fundamental general guaranties: the Due Process Clause and the Equal Protection Clause.
A Due Process Clause was part of the Fifth Amendment in the original Bill of Rights and it was aimed at the federal government. It provides that no person shall be “deprived of life, liberty, or property, without due process.” The original Bill of Rights did not mention equal protection of the laws in a general sense. The Fourteenth Amendment, added after the Civil War and aimed at former slave states, included the same due process provisions as the Fifth Amendment. The Fourteenth Amendment also included the Equal Protection Clause. It provides that no state shall “deny to any person within its jurisdiction the equal protection of the laws.” Although nothing in the text said that equal protection applied to the federal government as well as to the states, the U.S. Supreme Court eventually held that it did. In 1954 in Bolling v. Sharpe the Court said that “the concepts of equal protection and due process, both stemming from our American ideal of fairness, are not mutually exclusive. The ‘equal protection of the laws’ is a more explicit safeguard of prohibited unfairness than ‘due process of law,’ and, therefore, we do not imply that the two are always interchangeable phrases. But, as this Court has recognized, discrimination may be so unjustifiable as to be violative of due process.”1 Consequently due process and equal protection apply to both federal and state laws.
The Due Process and Equal Protection Clauses address government action. They require that laws and legal procedures be fair. As discussed in the final section of this chapter, other constitutional provisions or laws may directly address unfair or discriminato ...
Choose one of the options below for discussion. Be sure to elabora.docxrusselldayna
Choose one of the options below for discussion. Be sure to elaborate and explain. I choose p>81
Waffles and Workers’ Rights (EEOC v. Waffle House, p. 81)
Read about arbitration law in Chapter 4 and Case 4-3 in your textbook, and do some online research on the U.S. Equal Employment Opportunity Commission (EEOC). Then discuss the following:
What is the EEOC’s role in regard to business? Does the court say that the EEOC trumps the arbitration contract between the employee and the employer? If so, why? What are the pros and cons of arbitration agreements? Do you think arbitration agreements between big companies and low wage earners who are uninformed about the law are truly fair? If you have any experiences at work with discrimination policies or EEOC trainings, share those experiences.
Dogs and Dream Therapists (Hagen v. Field, pp. 65 (question 7), and Jones v. Williams, p. 43 (question 9)
P65
The plaintiff, a Texas resident, and the defendants, Colorado residents, were cat breeders who met at a cat show in Colorado. Subsequently, the plaintiff sent two cats to the defendants in Colorado for breeding and sent a third cat to them to be sold. A dispute over the return of the two breeding cats arose, and the plaintiff filed suit against the defendants in Texas. The defendants alleged that the Texas court lacked personal jurisdiction over them because they did not have minimum contacts within the state of Texas.
Read both cases and discuss legal issues for the court, focusing on in each. Summarize what factors the court looks at in determining where a case can be brought. What was the decision in each case, and do you think the decision was correct? Why or why not?
ASE
4-3 p81
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. WAFFLE HOUSE, INC.
UNITED STATES SUPREME COURT 534 U.S. 279 (2002)
All employees of Waffle House had to sign an agreement requiring employment disputes to be settled by binding arbitration. After Eric Baker suffered a seizure and was fired by Waffle House, he filed a discrimination charge with the Equal Employment Opportunity Commission (EEOC) alleging that his discharge violated the Americans with Disabilities Act of 1990 (ADA) under Title VII. The EEOC subsequently filed an enforcement suit, to which Baker was not a party, alleging that Waffle House's employment practices, including Baker's discharge “because of his disability,” violated the ADA. The EEOC sought the following: an injunction to “eradicate the effects of [Waffle House's] past and present unlawful employment practices”; specific relief designed to make Baker whole, including back pay, reinstatement, and compensatory damages; and punitive damages.
Waffle House sought to dismiss the EEOC's suit and compel arbitration because of the binding arbitration clause signed by Baker. The District Court denied Waffle House's motion to dismiss. The Fourth Circuit agreed with the District Court that the arbitration agreement between Baker and Waffle House did not foreclose ...
Chapter 22 THE LAW AND TALENT MANAGEMENTWayne F. Cascio, HEstelaJeffery653
Chapter 2
2 THE LAW AND TALENT MANAGEMENT
Wayne F. Cascio, Herman Aguinis
Learning Goals
By the end of this chapter, you will be able to do the following:
· 2.1 Describe the framework of the U.S. legal system
· 2.2 Describe alternative legal routes for complaints against an employer’s employment practices
· 2.3 Explain the two major legal theories of unfair employment discrimination
· 2.4 Understand the major legal principles that define key civil rights laws
· 2.5 Identify the six exemptions to Title VII coverage
· 2.6 Define sexual harassment and identify preventive steps employers should take
· 2.7 Know when you can and cannot justify “English-only” rules in the workplace
· 2.8 Understand how to prevent age-discrimination claims when downsizing or terminating workers for cause
Comprehensive employment-related legislation, combined with increased motivation on the part of individuals to rectify unfair employment practices, makes the legal aspects of employment among the most dominant issues in human resource management today. All three branches of the federal government have been actively involved in ongoing efforts to guarantee equal employment opportunity (EEO) as a fundamental individual right, regardless of race, color, age, gender, religion, national origin, or disability.
All aspects of the employment relationship, including initial screening, recruitment, selection, placement, compensation, training, promotion, and performance management, have been addressed by legislative and executive pronouncements and by legal interpretations from the courts. With growing regularity, I/O psychologists and HR professionals are being called on to work with attorneys, the courts, and federal regulatory agencies. It is imperative, therefore, to understand thoroughly the rights as well as obligations of individuals and employers under the law and to ensure that these are translated into everyday practice in accordance with legal guidelines promulgated by federal regulatory agencies. Affirmative action involves a proactive examination of whether equality of opportunity exists. If it does not, a plan is implemented for taking concrete measures to eliminate the barriers and to establish true equality (Society for Human Resource Management, 2016b). Affirmative action has become a fact of modern organizational life. To ignore it is to risk serious economic, human, and social costs.
Every public opinion poll based on representative national samples drawn between 1950 and the present shows that a majority of Americans—black, brown, and white—support EEO and reject differential treatment based on race, regardless of its alleged purposes or results. There is agreement about the ends to be achieved, but there is disagreement about the means to be used (Von Drehle, 2003). EEO has been, and is still, an emotionally charged issue. Congress has provided sound legal bases for effecting changes in EEO through sweeping civil rights legislation. Subsequently, thousan ...
The postings should reflect individual comprehension and inquire.docxgabrielaj9
The postings should reflect individual comprehension and inquires of the material and include supporting information that is properly referenced. The initial posts should be the
minimum
of a short paragraph and a maximum of two paragraphs (approximately 250 words). Also 2 references
Chapter 1
Chapter 1.10 The Legal System
The United States has become an increasingly litigious society; annually, millions of lawsuits are filed by citizens seeking legal remedy to problems they have encountered in the course of their personal or professional lives. Therefore, recreation and sport managers must understand the basic components of the complex United States legal system, including origins of the law, the legal system, and the legal process.
FUNDAMENTAL CONCEPTS
Origins of the Law
There are multiple sources of law including Constitutional law and laws enacted, enforced, and interpreted by the three branches of government.
A constitution is a document that sets forth the basic principles of government, including limits on government power. The federal government, as well as all 50 states, has a constitution; each constitution provides citizens many protections.
Additionally, the federal and state governments each have three branches that exist as a source of law: the legislative branch, which is responsible for enacting new laws and amending existing laws through federal or state legislatures; the executive branch, which enforces existing laws through elected officials or administrative agencies; and, the judicial branch which interprets constitutions or other existing laws through the federal and state court systems.
Legislative Branch
A Congress (or legislature), either state or federal, is the legislative branch of the government, comprised of elected officials in the Senate and in the House of Representatives.
Executive Branch
Often times, statutes require further explanation to be applied to real-life scenarios. This guidance typically comes in the form of regulations created by the executive branch, or an administrative agency created by the executive branch. Regulations are “rules and administrative codes issued by governmental agencies at all levels, municipal, county, state and federal. Although they are not laws, regulations have the force of law, since they are adopted under authority granted by statutes, and often include penalties for violations.”
Judicial Branch
Whether the source of law is a constitution, a statute, or a regulation, the judicial branch is charged with interpreting and applying the law by adjudicating legal claims. When a court makes a decision in a legal case, and authors a written opinion, the decision is referred to as case law; the collective body of case law is called common law.
The Legal System
Once laws are created, they must be interpreted and applied to particular circumstances; as discussed above, this interpretation/application occurs in the judiciary, or court systems.
Federal Court Syst.
Introduction and Overview of the Justice SystemCorporate ExiTatianaMajor22
Introduction and Overview of the Justice System
Corporate Existence and Liability
Fraud and Internal Controls
Week #1 Part #1
1
2
Federal Court Jurisdiction: Limited Jurisdiction
The term jurisdiction means the power to adjudicate. As the framers wrote the Constitution, some feared that the federal courts might threaten the independence of the states and the people. To combat this fear the framers set up a federal court system that can only hear cases in special circumstances. This is called courts of limited jurisdiction. Since the federal courts can only hear certain kinds of cases, most of the day-to-day cases that courts deal with happen in state courts.
Basically, federal courts hear only 2 types of cases; those that raise a federal question and those involving lawsuits between citizens of different states known as diversity of jurisdiction.
Also, all criminal tax cases are federal question jurisdiction arising under Title 18 or Title 26 of the U.S. Code. So, all criminal federal tax cases are filed in the federal district court.
Additional some civil tax cases are heard in the federal courts as well.
State Court Jurisdiction: General Jurisdiction
General Jurisdiction
The Tenth Amendment provides that “powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
The ultimate effect these provisions have upon state courts is to reserve to them the right to hear and decide any legal matter not expressly reserved for the exclusive jurisdiction of federal courts (such as lawsuits between states).
Thus, state courts are courts of general jurisdiction. They hear all the cases not specifically selected for federal courts. Just as the federal courts interpret federal laws, state courts interpret state laws. Each state gets to make and interpret its own laws. This helps the states retain power, and makes sure that the national government does not become too strong.
The Tax Court: An Inferior Court
The United States Tax Court is a federal trial court of record established by Congress under Article I of the U.S. Constitution, section 8 of which provides (in part) that the Congress has the power to "constitute Tribunals inferior to the supreme Court".
When the taxpayer is called for an audit, the taxpayer has two choices: agree with the IRS or disagree.
If the taxpayer agrees, the case is over. If the taxpayer disagrees, the IRS sends the taxpayer a "notice of deficiency" (also called a 90-day Letter), stating the adjustments that the Service wants to make to the tax return. The taxpayer then has 90 days to file a petition with the Tax Court. If not filed within 90 days, the taxpayer has agreed with the IRS.
By going to the Tax Court, the taxpayer is suing the IRS in court.
The Tax Court consists of 19 judges who travel the circuit to all 50 states. Tax Court cases do not get tried before a jury. In a regular Tax Court case, i ...
Dr. William Allan Kritsonis, School Law, Employment Relationships, Termination, School District Restrictions, Law for Teachers, Due Process, Discrimination of Employment.
In 2005, Dr. Kritsonis was an Invited Visiting Lecturer at the Oxford Round Table at Oriel College in the University of Oxford, Oxford, England. His lecture was entitled the Ways of Knowing Through the Realms of Meaning.
SECTION VIII GOVERNMENT LIABILITYBeginning point Sovereig.docxzenobiakeeney
SECTION VIII: GOVERNMENT LIABILITY
Beginning point: Sovereign immunity
- based on historical notion that “the king can do no wrong”
- in practice: you cannot sue the government without its permission
PS 480, Liability, Sec VIII
1
SECTION VIII: GOVERNMENT LIABILITY
Key liability issues in administrative law:
1) exceptions to sovereign immunity, usually created by statute
2) whether and how immunity applies to individuals
PS 480, Liability, Sec VIII
2
SECTION VIII: GOVERNMENT LIABILITY
Most cases are “torts”
Tort: “legal wrong done to another person”
Typically people seek correction of, and compensation for, the injury
Liability in these cases is typically a matter of common law, state by state, until preempted by statutes
PS 480, Liability, Sec VIII
3
GOVERNMENT LIABILITY
Intentional tort: on purpose: defamation, destruction incidental to legal searches, loss of business due to rules enforcement
- Generally government has immunity against such suits but not when they involve a battery or false imprisonment
Unintentional tort: injury incidental to other activities or decisions
- Generally negligence of some sort
PS 480, Liability, Sec VIII
4
SECTION VIII: GOVERNMENT LIABILITY
Negligence: injury which could have been avoided with reasonable care
- most common unintentional tort
- often centers on notion of unfulfilled duty
PS 480, Liability, Sec VIII
5
GOVERNMENT LIABILITY
Successful negligence suit requires proof of:
- failure to exercise reasonable care
- failure was proximate cause of injury
failure resulted in specific amount of injury
BUT NOTHING HAPPENS UNLESS SOVEREIGN IMMUNITY IS WAIVED ….
PS 480, Liability, Sec VIII
6
SECTION VIII: GOVERNMENT LIABILITY
Federal Torts Claims Act (1946):
Allows suits against federal government under some conditions
- Some elements are determined by state torts claims acts: extent or limits of liability (ex $200,000 in Florida)
PS 480, Liability, Sec VIII
7
GOVERNMENT LIABILITY
Exceptions to FTCA:
Executive Functions: specific executive functions and claims in foreign states are excepted
Intentional Torts
Discretionary Functions: When government actor makes a policy choice
Scope of Employment: state by state, basically liability occurs only when government official is acting outside of proper job requirements
Public Duty: liability only occurs where government action or inaction is not owed to specific individual. Harm to private parties that is not targeted is not liable, and failure to act responsibly only liable when specific obligation has been created for particular party
- general public cannot sue
PS 480, Liability, Sec VIII
8
FTCA: Exemptions – areas where government is still immune
Intentional torts: harms that arise because of deliberate actions (as opposed to accidents)
Harms to property incident to serving warrant
Harms to reputation due to publication of arrest
Generally remain immune, but exceptions in cases of assault, battery.
Similar to SWK 597 Week 2. administrative protections (2) (20)
second practice theory course builds on SWK 501, Generalist Practice with Individuals, Families and Small Groups, extending the concepts of strengths based practice to work with organizations and communities. The relationships between communities and organizations and at risk populations are infused throughout the course. Knowledge, values and skills will be obtained throughout the course. These will be gained through readings, oral and written assignments, and videos.
second practice theory course builds on SWK 501, Generalist Practice with Individuals, Families and Small Groups, extending the concepts of strengths based practice to work with organizations and communities. The relationships between communities and organizations and at risk populations are infused throughout the course. Knowledge, values and skills will be obtained throughout the course. These will be gained through readings, oral and written assignments, and videos.
second practice theory course builds on SWK 501, Generalist Practice with Individuals, Families and Small Groups, extending the concepts of strengths based practice to work with organizations and communities. The relationships between communities and organizations and at risk populations are infused throughout the course. Knowledge, values and skills will be obtained throughout the course. These will be gained through readings, oral and written assignments, and videos.
second practice theory course builds on SWK 501, Generalist Practice with Individuals, Families and Small Groups, extending the concepts of strengths based practice to work with organizations and communities. The relationships between communities and organizations and at risk populations are infused throughout the course. Knowledge, values and skills will be obtained throughout the course. These will be gained through readings, oral and written assignments, and videos.
Introduction to AI for Nonprofits with Tapp NetworkTechSoup
Dive into the world of AI! Experts Jon Hill and Tareq Monaur will guide you through AI's role in enhancing nonprofit websites and basic marketing strategies, making it easy to understand and apply.
Operation “Blue Star” is the only event in the history of Independent India where the state went into war with its own people. Even after about 40 years it is not clear if it was culmination of states anger over people of the region, a political game of power or start of dictatorial chapter in the democratic setup.
The people of Punjab felt alienated from main stream due to denial of their just demands during a long democratic struggle since independence. As it happen all over the word, it led to militant struggle with great loss of lives of military, police and civilian personnel. Killing of Indira Gandhi and massacre of innocent Sikhs in Delhi and other India cities was also associated with this movement.
June 3, 2024 Anti-Semitism Letter Sent to MIT President Kornbluth and MIT Cor...Levi Shapiro
Letter from the Congress of the United States regarding Anti-Semitism sent June 3rd to MIT President Sally Kornbluth, MIT Corp Chair, Mark Gorenberg
Dear Dr. Kornbluth and Mr. Gorenberg,
The US House of Representatives is deeply concerned by ongoing and pervasive acts of antisemitic
harassment and intimidation at the Massachusetts Institute of Technology (MIT). Failing to act decisively to ensure a safe learning environment for all students would be a grave dereliction of your responsibilities as President of MIT and Chair of the MIT Corporation.
This Congress will not stand idly by and allow an environment hostile to Jewish students to persist. The House believes that your institution is in violation of Title VI of the Civil Rights Act, and the inability or
unwillingness to rectify this violation through action requires accountability.
Postsecondary education is a unique opportunity for students to learn and have their ideas and beliefs challenged. However, universities receiving hundreds of millions of federal funds annually have denied
students that opportunity and have been hijacked to become venues for the promotion of terrorism, antisemitic harassment and intimidation, unlawful encampments, and in some cases, assaults and riots.
The House of Representatives will not countenance the use of federal funds to indoctrinate students into hateful, antisemitic, anti-American supporters of terrorism. Investigations into campus antisemitism by the Committee on Education and the Workforce and the Committee on Ways and Means have been expanded into a Congress-wide probe across all relevant jurisdictions to address this national crisis. The undersigned Committees will conduct oversight into the use of federal funds at MIT and its learning environment under authorities granted to each Committee.
• The Committee on Education and the Workforce has been investigating your institution since December 7, 2023. The Committee has broad jurisdiction over postsecondary education, including its compliance with Title VI of the Civil Rights Act, campus safety concerns over disruptions to the learning environment, and the awarding of federal student aid under the Higher Education Act.
• The Committee on Oversight and Accountability is investigating the sources of funding and other support flowing to groups espousing pro-Hamas propaganda and engaged in antisemitic harassment and intimidation of students. The Committee on Oversight and Accountability is the principal oversight committee of the US House of Representatives and has broad authority to investigate “any matter” at “any time” under House Rule X.
• The Committee on Ways and Means has been investigating several universities since November 15, 2023, when the Committee held a hearing entitled From Ivory Towers to Dark Corners: Investigating the Nexus Between Antisemitism, Tax-Exempt Universities, and Terror Financing. The Committee followed the hearing with letters to those institutions on January 10, 202
Acetabularia Information For Class 9 .docxvaibhavrinwa19
Acetabularia acetabulum is a single-celled green alga that in its vegetative state is morphologically differentiated into a basal rhizoid and an axially elongated stalk, which bears whorls of branching hairs. The single diploid nucleus resides in the rhizoid.
Francesca Gottschalk - How can education support child empowerment.pptxEduSkills OECD
Francesca Gottschalk from the OECD’s Centre for Educational Research and Innovation presents at the Ask an Expert Webinar: How can education support child empowerment?
How to Make a Field invisible in Odoo 17Celine George
It is possible to hide or invisible some fields in odoo. Commonly using “invisible” attribute in the field definition to invisible the fields. This slide will show how to make a field invisible in odoo 17.
2. Objectives for
Week 2
Differentiate Civil Rights from Civil Liberties
Define Administrative Law
Differentiate Administrative law from Civil/Criminal
Law
Statutory Protections and rights
TitleVII
Title IX
HIPAA
Privacy Act
Fair Housing Act
Freedom of Information Act
Whistleblower Protection Act
4. What is
Administrative
Law?
Administrative law involves laws and legal principles
governing the administration and regulation of government
agencies (both Federal and State).
Agencies are delegated power by Congress (or in the case of
a state agency, the state legislature), to act as agencies
responsible for carrying out certain prerogative of the
Congress.
Administrative agencies derive their powers by way of the
U.S. Constitution, Article I, Section 8, known as the
“Necessary and Proper Clause,” which grants Congress
power to make all laws necessary to carry out the powers
specified in the Constitution.
5. What is
Administrative
Law?
Government agencies work on a broad variety of
issues, but can generally be classified as:
Developmental
Promoting social welfare
Regulating economic activities
Protecting health and safety
(Mashaw, Merrill, & Shane, 1998)
6. What is
Administrative
Law?
What are some examples of these types of government
agencies?
Developmental
Department of Education, Housing and Urban
Development
Promoting social welfare
Department of Health and Human Services; Social
Security Administration
Regulating economic activities
Securities and Exchange Commission; Department
of theTreasury
Protecting health and safety
Homeland Security; Department of the Army
7. What is
Administrative
Law?
SocialWorkers must be aware of what type of agency
(federal, state, local or private) they are working with
as well as understand the overlap that often occurs
within them
For example, a state agency may provide a social
service but it may be mostly funded by a federal grant,
which means they will have to meet Federal
government requisites and follow their rules in order to
provide the service
Agencies are responsible for creating and establishing
their own governing policies and procedures.
Regulations or rules are the laws that govern how an
agency acts, what it is able to do, and how it resolves
problems
8. What is
Administrative
Law?
When a client is denied benefits, access or an otherwise
available service, agencies normally conduct what is
called an impartial review or fair hearing
These reviews and hearings fall under the
Constitutional protections afforded by the Due Process
Clause of the U.S. Constitution
9. What are some
differences/
similarities
between
administrative
hearings and
judicial (civil or
criminal) ones?
Administrative hearings are not conducted in a judicial
setting or a courtroom within the legal system
Administrative hearings do not result with a deprivation of
liberty (i.e., nobody goes to jail/prison)
Administrative hearings may or may not grant a right to an
attorney to represent you
Both require Procedural Due Process to be determine to be
fair and impartial
Admin hearings will include an often limited right to appeal
a decision as opposed to various levels of appeals as in the
judicial system
10. What are some
differences/
similarities
between
administrative
hearings and
judicial (civil or
criminal) ones?
A case may begin as an administrative matter but then
crossover and be pursued as a civil matter in court
If that happens, parties become plaintiff (suer) and a
respondent (suee)
A judge or an appellate panel of judges may decide the
outcome
The decision of the court trumps the administrative decision
11. Here is a
crossover
example
In response to an 80% drop in raisin prices during the Great
Depression,Congress passed the Agricultural Marketing
Agreement Act of 1937, which allowed the Department of
Agriculture to issue marketing orders. In this example of
administrative law in action, the U.S. Department of Agriculture
(“USDA”) promptly issued an order to raisin farmers requiring
them to withhold a portion of their annual harvests from the
market, which would result in higher prices.
The USDA gave the RaisinAdministrative Committee the
authority to determine amount of raisins that would be held in
reserve by the government, and the amount that could be sold on
the open market.The committee was composed of raisin industry
members appointed by the Secretary ofAgriculture.The
Committee reserved more than 30% of all of the raisins grown in
the U.S., selling them on non-competitive markets, for such
purposes as rewarding foreign governments, or increasing U.S.
exports. If there are raisins left after these sales, the Committee
can give them back to growers who agree to cut back their
production the following year.
12. Here is a
crossover
example
Marvin Horne, a California raisin grower, did not agree with giving his
raisins to the committee. In order to get around the fact that the
Committee collects their raisin quota from distributors, rather than
from the farmers, Horne restructured his farming operations to act as
both grower and distributor. He then claimed that the reserve
requirements set by law did not apply to him.The Committee sent its
trucks to Horne’s farm anyway, but he refused to let them onto his
property. Horne was fined the value of the raisins, plus a fine, which
amounted to nearly $700,000.
Horne responded by filing a federal lawsuit against the Commission,
claiming that the raisin reserve violated theTakings Clause of the Fifth
Amendment to the U.S. Constitution, which states: ” … nor shall
private property be taken for public use, without just compensation.”
The District Court judge did not agree with Horne, and granted a
summary judgment (a decision) in favor of the USDA. Horne appealed
the decision, but the Ninth Circuit Appellate Court affirmed the lower
court’s decision, though it stated that the Circuit Court had no
authority to hear the case as it was a question of constitutionality.
13. Here is a
crossover
example
Horne took his case to the U.S. Supreme Court.The Court ruled
that the raisin reserve requirement amounted to taking, as
provided by the Fifth Amendment, as the government physically
seized the growers’ raisins.As a result of the ruling, Horne was
due just compensation for his raisins, which is the market value of
the raisins at the time they were, or would have been, seized. In
this case, the Committee had already determined the value of the
raisins when it fined Horne.
Want to know more? Listen here:This California Raisin Grower
Just Got His Day InThe Sun
15. Due Process
Clause of the
5th and 14th
Amendments
5th Amendment states that no one shall be "deprived of
life, liberty or property without due process of law“ at
the Federal level of government.
The 14th Amendment adds the same protections to U.S.
citizens at the state level
Both clauses carry with them a promised assurance
that all levels of American government must operate
within the law ("legally") and provide fair procedures to
all citizens
16. Requirements
of Due Process
for impartiality
An unbiased tribunal (neutral party reviewer)
Notice of the proposed action and the grounds for the review
A chance to present reasons why the proposed action should
not be taken
The right to present evidence, including the right to call
witnesses
The right to know opposing evidence
The right to question adverse witnesses
A decision based exclusively on the evidence presented
Opportunity to be represented by counsel
Requirement that the tribunal prepare a record of the
evidence presented
Requirement that the tribunal prepare written findings of fact
and reasons for its decision.
17. What are some
protections granted by
law?
TitleVII of the Civil
Rights Act of 1964
Title IX of the
Education
Amendments of
1972
HIPAA
Privacy Act
TX Public
Information Act
Freedom of
Information Act
Whistleblower Act
18. TitleVII of the
Civil RightsAct
of 1964
TitleVII of the Civil Rights Act of 1964 prohibits
employers from discriminating against employees on
the basis of sex, race, color, national origin and religion
(also known as protected classes).
It generally applies to employers with 15 or more
employees, including federal, state and local
governments.
TitleVII also applies to private and public colleges and
universities, employment agencies, and labor
organizations.
19. TitleVII of the
Civil RightsAct
of 1964
TitleVII forbids discrimination in any aspect of
employment, including
Hiring and firing
Compensation, assignment or classification of
employees
Transfer, promotion, layoff or recall
Job advertisements
Recruitment
Testing
Use of company facilities
Training and apprenticeship programs
Fringe benefits
Pay, retirement plans and disability leave
Other terms and conditions of employment
20. TitleVII of the
Civil RightsAct
of 1964
Disparate
Treatment
Exists when similarly
situated individuals are
treated differently
because of their
membership in a
protected class.
Adverse
Impact
Exists when a facially
neutral employment
policy/practice
disproportionately
impacts members of a
protected class.
21. TitleVII of the
Civil RightsAct
of 1964 –
Disparate
Treatment
Complainant must initially establish a case by showing
that:
o He/she is a member of a protected class.
o He/she suffered some adverse action.
o A similarly situated individual outside of his/her class
was treated more favorably.
The burden of proof is on the employer to articulate a
legitimate, non-discriminatory reason for taking the action
Intent to discriminate is proven by three types of
evidence: direct, circumstantial (comparative), and
statistical.
22. TitleVII of the
Civil RightsAct
of 1964 –
Adverse
Impact
The burden shifts to the agency to provide a business
justification for the challenged policy/practice.
After management meets its burden, the complainant may
prevail by providing an alternative practice that would
accomplish the same business objective with a less
adverse impact on the protected class.
Discriminatory motive is not required.
Examples of policies that may adversely impact some
groups: Educational requirements, tests, height and
weight requirements, subjective standards for hiring,
promotions, and assignments.
23. TitleVII of the
Civil RightsAct
of 1964
TitleVII has been interpreted to prohibit sexual harassment:
•Harassment on the basis of sex that has the purpose or
effect of substantially interfering with a person’s work
performance or creating an intimidating, hostile, or offensive
work environment
•Employers have an affirmative duty to maintain
workplaces free of sexual harassment and intimidation
24. Title IX of the
Education
Amendments
of 1972
Title IX of the Education Amendments of 1972 protects
people from discrimination based on sex in education
programs or activities that receive Federal financial
assistance.
Title IX states that:
No person in the United States shall, on the basis of sex,
be excluded from participation in, be denied the benefits
of, or be subjected to discrimination under any education
program or activity receiving Federal financial assistance.
The U.S. Department of Education’s Office forCivil
Rights (OCR) enforcesTitle IX.
25. Title IX of the
Education
Amendments
of 1972
Title IX applies to schools that receive federal financial
assistance from the U.S. Department of Education,
including state and local educational agencies.
These agencies include local school districts, colleges
and universities, as well as charter schools, for-profit
schools, libraries, and museums.Also included are
vocational rehabilitation agencies and education
agencies of 50 states, the District of Columbia, and
territories and possessions of the United States.
26. Title IX of the
Education
Amendments
of 1972
Title IX protection extends to recruitment, admissions,
and counseling; financial assistance; athletics; sex-
based harassment; treatment of pregnant and
parenting students; discipline; single-sex education;
and employment.
Also, an educational entity may not retaliate against
any person for opposing an unlawful educational
practice or policy, or made charges, testified or
participated in any complaint action underTitle IX.
27.
28. Health
Information
Portability and
Accountability
Act
(HIPAA)
Enacted in 1996
Title I of HIPAA provides continuation and portability of
health insurance coverage which allows employees the
ability to continue their health care benefits when they
are no longer employed.
Title II: include Administrative Simplification provisions
which govern the privacy, security, and electronic
transfer of health care information.
29. Health
Information
Portability and
Accountability
Act
(HIPAA)
Covered entities and those who engage in covered
transactions must follow HIPAA
Clinicians or organizations who engage in electronic
billing or who check eligibility for insurance coverage
using a computer and web based system will fall under
the definition of a “covered entity”
A covered transaction is any computer-to-computer
transmission of healthcare claims, payment and
remittance, benefit information, or health plan
eligibility information.
30. Health
Information
Portability and
Accountability
Act
(HIPAA)
HIPAA requires practitioners to have policies in place
that detail sanctions for those who do not comply with
privacy policies and procedures.
Furthermore, HIPAA requires that one must establish a
process for both clients and employees (if any) to make
complaints regarding policies and procedures. One
may not intimidate, threaten, coerce, discriminate or
retaliate against any client or employee making a
complaint.
31. Health
Information
Portability and
Accountability
Act
(HIPAA)
While HHS receives the complaint, the Office of Civil
Rights (OCR) is the agency (which is under HHS) that
investigates the complaint.This task was likely to have
been assigned to OCR because they already had an
investigative function and staff.
32. PrivacyAct of
1974
The Privacy Act of 1974 establishes a code of fair
information practices that governs the collection,
maintenance, use, and dissemination of information
about individuals that is maintained in systems of
records by federal agencies.
A system of records is a group of records under the
control of an agency from which information is
retrieved by the name of the individual or by some
identifier assigned to the individual.
33. PrivacyAct of
1974
The Privacy Act prohibits the disclosure of a record
about an individual from a system of records without
the written consent of the individual (unless the
disclosure falls under on of twelve exceptions)
The Privacy Act also provides individuals the ability to
have access to and amendment of their records, and
provides guidelines for appropriate record-keeping
35. Texas Public
Information
Act
The Texas Public Information Act is a series of laws
designed to guarantee that the public has access to
public records of government bodies.
The law covers nearly all documents that are in the
possession of government agencies in the state that
are covered by the law.
Section 552.002 says that information is public if it "is
collected, assembled, or maintained under a law or
ordinance or in connection with the transaction of
official business" by a governmental body or for a
governmental body, and the governmental body owns
the information or has a right of access to it.
Any person, not just citizens ofTexas, can request
public information.
36. Fair Housing
Act of
The Fair HousingAct prohibits discrimination by direct
providers of housing, such as landlords and real estate
companies as well as other entities, such as
municipalities, banks or other lending institutions and
homeowners insurance companies whose
discriminatory practices make housing unavailable to
persons because of race or color, religion, sex, national
origin, familial status, or disability.
37. Whistleblower
ProtectionAct
TheWhistleblower Protection Act provides protection
against workplace retaliation, which means that an
employer cannot take an adverse action against
workers, such as:
Firing or laying off
Blacklisting
Demoting
Denying overtime or promotion
Disciplining
Denial of benefits
Failure to hire or rehire
Intimidation/harassment
Making threats
Reassignment affecting prospects for promotion
Reducing pay or hours
38. References
Office of Civil Rights (2018).Title IX and Sex
Discrimination. Retrieved from:
https://www2.ed.gov/about/offices/list/ocr/docs/tix_dis
.html
TitleVII. https://www.aauw.org/what-we-do/legal-
resources/know-your-rights-at-work/title-vii/
Title IX. https://www.knowyourix.org/college-
resources/title-ix/
FOIA. https://www.foia.gov/about.html
Whistleblower Act. https://www.whistleblowers.gov/