Describe and analyze recent efforts to curb “revenge porn” and assess their constitutionality. Can or should anything more be done to address this problem?
For this report, you are to brief the USA v. Bonds decision from the U.S. Court of Appeals for the Ninth Circuit. A copy of that decision may be found here;
(Links to an external site.)
Submit a Case Brief on this decision, following the format as described in the PowerPoint “Briefing a Case Download Briefing a Case.”
You shall be graded on your complete and proper explanation of the elements of the case brief and language usage, all as noted below. The report must be no more than 3,000 words and is to be submitted in typed, double-spaced form. A report that does not follow this form will be deducted one point. This project is 10% of your overall grade.
Ray Charles was eighty years old when his family determined that he needed full-time nursing care for his substantial health conditions. As a result, his daughter, Ellen, worked with ABC Nursing, Inc., to develop an admission and treatment plan for Mr. Charles. At admission, Ellen signed a written document drafted by the nursing home, which included on page six an arbitration clause that required that any and all disputes involving the care of Mr. Charles would be arbitrated. The clause also provided that residents must waive their right to a jury trial for all claims, that the loser of arbitration would be obliged to pay for the cost of arbitration, including the winner’s attorney’s fees, and a waiver of any right of appeal of the arbitration outcome. Ellen did not consult an attorney before signing the document and did not attempt to negotiate any of the terms in the document with the nursing home.
Mr. Charles was subsequently admitted, and allegedly seriously injured by the nursing home staff, resulting in his untimely death. His daughter, on behalf of his Estate, filed a lawsuit against the nursing home, alleging that the nursing home’s conduct resulted in significant injuries culminating in Mr. Charles dying in their care. The nursing home answered the complaint and filed a motion to compel arbitration.
Is the arbitration provision of the agreement unconscionable? In your answer, first, provide a legal definition of the concept of unconscionability, and then discuss the facts above in relation to the legal definition to support your answer. Responses to this question should be 350 – 500 words in length, with proper spelling, grammar, and punctuation.
‘The law governing homicide in England and Wales is a rickety structure set upon shaky foundations. Some of its rules have been unaltered since the seventeenth century, even though it has long been acknowledged that they are in dire need of reform’ (Law Commission, 2005)
Consider the statement above and decide whether the law governing homicide in England and Wales is in need of reform.
You must answer within an essay format, within a word limit of 1500 words.
In order to fully address this task question, some of the relevant content includes:
– What is the current law governing Homicide in England and Wales?
– Some of the key issues: partial defences to murder, controversy surrounding the intent required for murder, is the breadth of manslaughter too broad?
– The proposals that have been put forward by the Law Commission and other bodies
– Why have the government accepted some proposals for reform and rejected others? Were they right to do this?
– What are the arguments against reform?
Adam Smith, employs James Clark as a Waiter for his Restaurant Business- “Good Food and Good Times ” . James has worked for Adam for 13 months but has not received a formal contract of employment. He is paid on a regular weekly basis and Adam pays tax and national insurance, but does not provide any of the clothing that James uses. Adam has also made it clear that the sector is dangerous and that if there are any injuries whilst at work there is no sick pay.
James has indicated that he has had a couple of injuries whilst working from Hot plates which he has carried out to guests, also when he was taking orders from the kitchen, he slipped on the wet floor and this meant that he had to have time off from work as he had hurt his back. He has recovered from both, but feels disappointed that Adam did not pay him for the time off, or change anything to avoid his injuries, Adam says that it is just part of the job that he does so he should not complain.
Advise James in relation to his rights.When you are advising James consider the following ? Is he an Employee or worker ? What rights does the law indicate that he has in relation to Contracts? When and how this should be communicated Health and Safety? What are the duties that an employer to an employee ?
Sick pay
Where is the Law found which sets out James rights
Then plan your answer – so that you do not get the law or its application confused .
For each answer
What are the facts ?
What is the Law/ case law ?
Apply the law to the facts ?
Come to a conclusion
As we bring this study to a close, we now take a look into the future. In the DHS Strategic Plan: Fiscal Years 2020-2024, the following goals have been established that the private sector can have a direct impact upon:
Counter terrorism and homeland security threats
Securing U.S. borders and approaches
Secure cyberspace and critical infrastructure
Preserve and uphold the nation’s prosperity and economic security
Strengthen preparedness and resilience
Based upon all that we have discussed throughout this study, offer specific details and examples as to how private sector organizations and their employees can have a direct impact on addressing each of these goals during this timeframe.
Mario Bonsetti and Rico Sanchez incorporated Gnarly Vulcan Gear, Inc. (GVG), to manufacture windsurfing equipment. Bonsetti owned 60 percent of the corporation’s stock, and Sanchez owned 40 percent. Both men served on the board of directors. Hula Boards, Inc., owned solely by Mai Jin Li, made a public offer to buy GVG stock. Hula offered 30 percent more than the market price per share for the stock, and Bonsetti and Sanchez each sold 20 percent of their stock to Hula. Jin Li became the third member of the GVG board of directors. An irreconcilable dispute soon arose between Bonsetti and Sanchez over design modifications of their popular Baked Chameleon board. Despite Bonsetti’s dissent, Sanchez and Jin Li voted to merge GVG with Hula Boards under the latter name, Gnarly Vulcan Gear was dissolved, and production of the Baked Chameleon ceased.
1)Debate the following: Corporate law should be changed to prohibit management from using most of the legal methods currently used to fight takeover?
In approximately 1500 words, critically assess the submissions of India and Italy in the Enrica Lexie Case, and provide your opinion as to whether the judgment of the Permanent Court of Arbitration upheld the rights of the coastal state (India), the rights of the flag State (Italy) or both.
View the attached video and article regarding the tragic fire at the Coconut Grove Nightclub. In a 2 page response, address the following:
1. Give a description of the events that took place at this occupancy.
2. Explain the factors that lead to the loss of human life.
3. Explain the key lessons learned from this tragedy.
4. As a safety manager for this type of venue, what mitigation strategies would you incorporate to prevent something like this from happening again and what types of auditing practices would you utilize to verify success of your program?
*** feel free to perform additional research to expand on your conclusions.
https://www.archives.gov/publications/prologue/2017/fall/cocoanut-grove
Rick Saldona began working as a traveling salesperson for Aimer Winery in 2008. Sales constituted 90 percent of
Saldona’s work time. Saldona worked an average of fifty hours per week but received no overtime pay. In June 2018,
Saldona’s new supervisor, Caesar Braxton, claimed that Saldona had been inflating his reported sales calls and required
Saldona to submit to a polygraph test. Saldona reported Braxton to the U.S. Department of Labor, which prohibited
Aimer from requiring Saldona to take a polygraph test for this purpose.
In August 2018, Saldona’s wife, Venita, fell from a ladder and sustained a head injury while employed as a full-time
agricultural harvester. Saldona presented Aimer’s Human Resources Department with a letter from his wife’s physician
indicating that she would need daily care for several months, and Saldona took leave until December 2018. Aimer
had sixty-three employees at that time. When Saldona returned to Aimer, he was informed that his position had been
eliminated because his sales territory had been combined with an adjacent territory. Using the information presented
in the chapter, answer the following questions.
1. Would Saldona have been legally entitled to receive overtime pay at a higher rate? Why or why not?
2. What is the maximum length of time Saldona would have been allowed to take leave to care for his injured spouse?
3. Under what circumstances would Aimer have been allowed to require an employee to take a polygraph test?
4. Would Aimer likely be able to avoid reinstating Saldona under the key employee exception? Why or why not?
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