What does “scholarly” mean? Is it the same as “peer reviewed”?

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Your paper needs to analyze a current controversial issue in Constitution Law.Your research proposal should contain all the key elements involved in the research process and include sufficient information for me to evaluate the proposed study. Make sure you are using the proper bluebook citation.

Regardless of your research area and the methodology you choose, all research proposals must address the following questions:

A. What is your topic?

B. What is your thesis? What do you plan to prove or illustrate in your paper?

C. Why do you want to write on this topic?

D. How are you going to do it? Specifically, what resources do you intend to use? For example, will you research mostly case law and legal articles write on those and cases and your topic?
2. Online Research Practice

As you are preparing to select your research paper topic, I would like you to complete this online research assignment so that you remember the importance of scholarly sources to support your research. There are news articles written almost every day on homeland security, but should some of these sources be cited in your paper? Do you know the difference between scholarly and popular legal articles or journals?

A. Review the following FAQs the librarians have created regarding peer reviewed and scholarly research:

· Q. What does “peer reviewed” mean? And how can I find peer-reviewed articles? https://apus.libanswers.com/faq/2154

· Q. What does “scholarly” mean? Is it the same as “peer reviewed”? https://apus.libanswers.com/faq/44354

B. Watch this brief video created by the legal studies librarian to introduce you to Nexis Uni and its legal resources:

· Introduction to Nexis Uni: Basic Tips for APUS Legal Studies Students – this tour shows students how to access Nexis Uni, find specific cases, locate different legal research materials (including law review articles), and Shepardize a case

C. Once you have selected your research paper topic use Nexis Uni to do a search on your topic

D. In 300 or more words, submit a written report of your search results, providing at least one scholarly example and one popular periodical. Explain your understanding of the difference between the two examples provided.

What changes in society do you think brought about the 2019 change in Texas’ law regarding the delivery of alcoholic beverages? 

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FORUM DESCRIPTION

Along with the repeal of Prohibition, the 21st Amendment of the United States Constitution gave individual states the right to control the sale, distribution, and possession of alcohol within the state.  Thus, the sale of alcohol is regulated by individual states.

The state agency known as the Texas Alcoholic Beverage Commission (United States Constitution), created in 1935, regulates all phases of the alcoholic beverage industry in Texas, including sales, taxation, importation, manufacturing, transporting, and advertising.  The mission of the TABC is to serve the people of Texas and protect the public health and safety through consistent, fair, and timely administration of the Texas Alcoholic Beverage Code (the governing statutes).

It is important to know that the sale of alcohol is not a right, but a privilege.  Business owners must qualify and obtain a Texas alcoholic beverage license to sell alcohol legally. Once licensed, failing to comply with the law can result in the loss of that license.  There are many different types of licenses in Texas.  Descriptions of a few of the more common licenses are listed below.

  • Package Store Permit– Allows the holder to sell liquor, malt, and vinous liquors on or from the licensed premises to the consumer for off-premise consumption.
  • Mixed Beverage Permit– Allows the holder to sell mixed beverages from unsealed containers and wine, beer, ale, and malt liquor in containers of any legal size for consumption on the premises.
  • Food and Beverage Permit– May be issued to the holder of certain types of permit holders, including Mixed Beverage Permit holders if receipts from the sale of alcoholic beverages by the license holder at the location are 60% or less of the total receipts. The location must have permanent food service facilities for the preparation and service of multiple entrees for consumption at the location.

As you have learned in Session 1, the law is not stagnant, rather it changes over time as society changes. Texas alcohol laws have changed over time, but very slowly. The Texas prohibition on alcohol was repealed in 1935, following the national repeal in 1933.  It took another 36 years before the sale of liquor by the drink was permitted in Texas.

Texas law did not allow Mixed Beverage Permit holders (MBP’s), such as bars & restaurants, to deliver alcohol to their customers located off of the MBP’s premises until September of 2019 and only under certain conditions, including the following:

  • The MBP also holds a Food & Beverage (FB) Permit.
  • The delivery must be made by a person over the age of 21; the recipient must be over the age of 21 and not intoxicated.
  • The delivery must not be on the MBP’s property (in other words, alcohol “to go” is not permitted).

Because an FB Permit is required, some MBP’s (typically those with less than 60% of their sales from food or without permanent food preparation facilities) are not permitted to deliver alcohol under this new law.

There have been some recent changes in this new law; however, the changes are temporary.  Most states authorize the governor to provide emergency management when a disaster has been declared.  The Texas Disaster Act of 1975 gives our governor broad authority to act to reduce the vulnerability of Texans to damage or injury and loss of life from natural or manmade catastrophes, such as the current pandemic.  Governor Abbott issued a disaster proclamation on March 13, 2020, certifying that novel coronavirus (COVID- 19) poses an imminent threat of disaster for all counties in the State of Texas and has since issued numerous Executive Orders to protect the citizens in various ways.

As you are aware, the COVID-19 crisis has disproportionately affected the hospitality industry.  One example of this relates to alcohol sales.  As a major part of many restaurants’ revenues, the ability to continue the sale of alcoholic beverages can be essential to their survival.  To support the industry, Governor Abbott used his emergency management powers to suspend parts of the new alcoholic beverage delivery law described above so that businesses can adapt to the new operating methods (such as curbside service) brought about by the virus. While these suspensions are in place, MBP’s with permanent food service capabilities (even if they do not have an FB permit) may deliver alcohol with food orders, as well as allow customers to pick up alcohol with food orders.  The following restrictions apply:

  • Beer, ale, and wine must be in the original container, sealed by the manufacturer.
  • Distilled spirits mixed into a drink must be in a container the MBP has sealed with an adhesive label (tape) that states the name of the MBP and “alcoholic beverage” AND has placed in a bag that it seals with a zip tie, which is then transported in an area other than the passenger area of the vehicle (such as a locked glove compartment, trunk, or the upright area behind the seat if there is no trunk).

Although temporary, allowing the delivery and pick up of beverages mixed with distilled spirits is a major change in Texas law.  There appears to be a movement to making the changes permanent.

  1. What changes in society do you think brought about the 2019 change in Texas’ law regarding the delivery of alcoholic beverages?  Can you think of any non-societal changes that might have influenced the change?
  2. Why do you think that Texas law has always prohibited MBP’s to deliver mixed beverages and “to go” mixed beverages, even under the 2019 law?
  3. Do you think that the temporary law (under the COVID-19 emergency) should be made permanent law?  What are the pros and cons?

 

 

Should death penalty be outlawed throughout the U.S. and does it violate the 8th amendment ?

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should death penalty be outlawed throughout the U.S. and does it violate the 8th amendment ?

The distinction between merits and judicial review is elusive, confusing, and difficult to apply to the problems that actually arise in administrative law disputes.’ Critically discuss.

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Question: ‘The distinction between merits and judicial review is elusive, confusing, and difficult to apply to the problems that actually arise in administrative law disputes.’ Critically discuss. Must use AGLC referencing style.

Discuss with close reference to relevant legislation, case law and scholarly literature, as well as any relevant law reform reports.

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Should computer-implemented inventions be patentable in Australia? Discuss with close reference to relevant legislation, case law and scholarly literature, as well as any relevant law reform reports. Your discussion should focus on Australian law but may encompass international discourse and developments. Must use AGLC referencing style.

Distinguish between a stop and a frisk on at least TWO criteria.

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Each student is expected to submit a reasoned, well-researched answer to the discussion question(s). Each must be supported using APA writing style = (a) in-text citations AND (b) a list of references. DO NOT USE “I” IN YOUR WRITINGS. 300 WORDS EACH QUESTION

Discussion Question #1:
What is a police stop? When is a police stop valid? What is its purpose? Please distinguish between a stop and a frisk on at least TWO criteria. DOES UNPROVOKED FLIGHT CONSTITUTE REASONABLE SUSPICION?
Discussion Question #2:
What is a police frisk? When is a frisk valid? What is its purpose? “An officer who makes a valid stop can automatically conduct a valid frisk” Is this statement correct? Explain your answer. WHICH IS THE “LEADING CASE” ON POLICE STOP AND FRISK?

What is the legal outcome and decision of the court?

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U.S. Supreme Court Carpenter v. United States decision to public safety and privacy issues.
Discuss the following and including speaker notes:
What is the case history and background?
What is the legal outcome and decision of the court?
What are the implications of the legal outcome on public safety and privacy?

Explain, in your own words, the unconscionability doctrine, when the unconscionability doctrine applies generally, and how courts apply it.

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Case Study Paper Instructions

One of the important legal doctrines you studied in this module/week is the doctrine of unconscionability. Unconscionability is a relatively modern development in contract law, and some see it as a controversial one. This assignment will provide you with an opportunity to describe your understanding of the doctrine of unconscionability, apply that understanding by explaining its role in a legal decision, evaluate the value of the doctrine of unconscionability, and develop your ability to write a legal office memo. For this assignment:

  1. Explain, in your own words, the unconscionability doctrine, when the unconscionability doctrine applies generally, and how courts apply it.
  2. Explain how the unconscionability doctrine was applied by the court in the Sixth Circuit Court of Appeal’s decision in Whirlpool v. Grigoleit Company.
  3. Discuss whether unconscionability is a necessary legal doctrine in light of the other defense doctrines you have studied in this course. Include in your discussion whether the doctrine of unconscionability encourages the integrity and sanctity of promise making and promise keeping? Justify your conclusion with legal and biblical principles.
  4. Write your paper in the form of legal office memo. Provided in the assignment instructions folder is an example of the format for a legal office memo that you can use as a template for your assignment. Ensure that your memo is well organized and logical. Write for clarity, develop your position fully, and use the legal terminology you encounter correctly. Proofread carefully before submitting your final product.

You must prepare a memo that is 2–3 pages in current Bluebook format. You must also include at least 2 references from the course textbook, case law, or other legal authority sources.

Submit this assignment by 11:59 p.m. (ET) on Monday of Module/Week 5.

What are the common law “substantial performance” doctrine and the Uniform Commercial Code “perfect tender rule” (UCC 2-601)?

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Opinion Drafting Paper Instructions

In this module/week you studied two standards for measuring whether one party’s failure to perform all of their obligations under the contract is cause for the other party to the contract to discontinue their performance under the contract. The last assignment gave you a chance to think critically about a judicial opinion. This assignment will challenge you to draft a hypothetical dispute and then decide the dispute by writing your own judicial opinion. Address each item below.

  1. What are the common law “substantial performance” doctrine and the Uniform Commercial Code “perfect tender rule” (UCC 2-601)? When and how do courts use them? How are they different?
  2. Which rule (“substantial performance” or “perfect tender”) better preserves and encourages the integrity and sanctity of promise making and promise keeping, or are they both equally effective or ineffective in this pursuit? Fully justify your answer.
  3. Draft the facts of hypothetical legal dispute involving 2 parties, where the only issue is whether there has been substantial performance of the contract. Design your hypothetical such that each side has a reasonable argument that there was or was not substantial performance. Next, draft an opinion applying the substantial performance rule to your case facts, decide the case, and fully justify your decision.
  4. Write your paper in the form of a judicial opinion, with the facts of your hypothetical case incorporated into the “Statement of Facts” portion of the opinion and your resolution in the “Discussion” portion of the opinion. Use the provided Judicial Opinion Template as an example of the format for a judicial opinion. Additionally, you have now read a number of judicial opinions that will give you a sense for the style and organization that judicial opinions generally take.

You must prepare an opinion that is 2–3 pages in current Bluebook format. You must also include at least 2 references from the course textbook, case law, or other legal authority sources.

Submit this assignment by 11:59 p.m. (ET) on Monday of Module/Week 7.

Explain the differences between a frisk and a search.

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In Mapp v Ohio and Weeks v U.S., the Court ruled that a frisk does not constitute a search. Explain the differences between a frisk and a search. What is the importance of understanding these differences?