Category: Law 2955

The US Supreme Court does not adhere strictly to any universal rules or techniques of constitutional interpretation, enabling cases when civil liberties are violated. The freedom to express ones views is protected by the First Amendment to the US Constitution. The government is not to limit the ability of citizens to express their opinions openly. In July 1981 (Haig v. Agee), however, the Supreme Court revoked the passport of former CIA officer Philip Agee who had appeared exposing the intelligence agencys criminal operations. The Court stated that the US State Department has the right to deny a citizen a passport if a person influences national security and foreign policy. The decision was adopted in violation of the First Amendment to the US Constitution, which proclaimed freedom of speech.

Freedom of press implies the government is staying away from censorship when the news and opinion expressed in print are not generally accepted. In 1988 (Hazelwood v. Kuhlmeier), the school newspaper was censored, and students were sued by the US Supreme Court for printing articles about divorce and early pregnancy. The Court stated the subjects to be unacceptable for the school paper, which again violates the First Amendment.

The 14th Amendment was introduced to Congress towards the end of the Civil War to ensure that newly freed black Americans would not be denied citizenship. Besides, it meant that the rights and liberties of all the citizens, regardless of skin color, were protected. It also provided for the punishment of states for violating these regulations. Thus, based on Amendment XIV, the Supreme Court created the doctrine of fundamental rights and freedoms of a person. Civil liberties are supposed to protect US citizens from the government. For instance, there is liberty that guarantees adherence to any religion they like, and the government cannot force them to change it. However, civil rights resolute the equality of all the Americans and ensures that they all have equal conditions. Civil Rights are also expected to protect minority groups.

Introduction: Facts about the case: Hamas Commander, Mr. Mabhouh, assassinated in Dubai, was the chief Hamas operative. Pursher (Para 1) mentions that he was the main person of Hamas who used to pass on weapons from Iran to Gaza. Mr. Mabhouh was found dead in a luxury hotel on 20 January.He was the man whom Israel always wanted for kidnapping and klling his two soldiers twenty year ago (Prusher, Para 1).

In Gaza, officers of Hamas suspected that initially he died due to heart attack but there were some evidences showing that he was killed by Israeli agents (Prusher, Para 2).

The deputy director of the INSS, Ephriam Kam says that killing of Mabhouh frightens Hamas and Hizbullah. It gives them warning if they attack Israel, they will never be safe anywhere (Prusher, Para 4).

Prusher (Para 10) states though Israels Defense Ministry and Israels Defense Forces have not commented on Hamas Commanders killing, yet a defense officer has said that Mabhouh had been followed by Israel extensively due to his involvement in kidnapping and killing two Israeli soldiers (Prusher, Para 10).

Who is responsible for the crime?

Many media channels have given reference of Dubai police that is saying that the Mossad, which is an intelligence agency of Israel, could be put responsible for the killing of Hamas commander but the killers had not been identified as they already ran away from the country (Prusher, Para 13).

Now Dubai police has requested for international manhunt. It has released names and photos of 11 member European hit sqaud who is responsible for stalking and killing Hamas commander. Their plot involves disguises of fake beards and wigs (Dubai: European hit squad killed Hamas leader, para 1).

Dubai police authorities have suspected that the suspected killers took the same elevator which was taken by Mabhouh before he was killed in the hotel room (Dubai: European hit squad killed Hamas leader, para 2).

But when the Dubai authorities made the names, pictures and passport details of the killers go, it raised several questions. These suspects include six Britons, three Irish and one each from France and Germany (Dubai: European hit squad killed Hamas leader, 2010, para 3). Ireland denied recognizing the three Irish citizens by saying that such persons donot exist. German ofiicers claim that they donot have complete passport details of the killer suspected from Germany. These details were given to them by Dubai authorties (Dubai: European hit squad killed Hamas leader, para 3).

Fake identities are also creating doubts about the case of killing Hamas commander (Dubai: European hit squad killed Hamas leader, para 9).

Ireland Departmnet of Foreign Affairs said that it was not able to find the passport records and of those three people showing from Ireland and who have been suspected in this case of murder. The numbers, which they have with them are forged as these are the wrong digits without having any letters (Dubai: European hit squad killed Hamas leader, para 10). Ireland has never issued such kinds of passports on such peoples names (Dubai: European hit squad killed Hamas leader, para 10).

Germanys Interior Ministry also commented that the pasport no. given by Dubai police is of five digit number, which is very short and it does not have letters (Dubai: European hit squad killed Hamas leader, para11).

The Dubai police identified a man as a suspect named, Melvyn Adam Mildiner and he was shocked to know about the release of Dubai police which contained his name as a suspect (Dubai: European hit squad killed Hamas leader, para 12-14). He told that he holds a British and Israeli passport. He also confirmed his name and the passport number but he was not aware how someone took his UK passport (Dubai: European hit squad killed Hamas leader, para 12-14).

Dubai officers have stated that they would take the help of Intepol in this case. They will also force individual nations to supprt them in finding out the suspects (Dubai: European hit squad killed Hamas leader, para 15).

Dubai Police Chief, Lt. Gen. Dahi Khalfan Tamim has menationed about some scrutiny video clips which illustrate the arrival of those suspected people at airport and their quick departures to Europe and Asia (Dubai: European hit squad killed Hamas leader, para 16). It happened before Mabhouhs body was found in the hotel (Dubai: European hit squad killed Hamas leader, para 16).

Tamim mentioned that these suspects came to Dubai in different times, staked Mabhouh in the hotel, paid all expenses, used different phone cards so they should not be traced out. They were all in disguise including a woman wearing a wig, a big hat and sunglasses (Dubai: European hit squad killed Hamas leader, para 17-18).

What was the method for killing the victim?

Hamas officres suspected that he died initially due to heart attack (Prusher, Para 2). But different media sources are giving different reports as a Palestinian source said that traces of poison have been found in his body (Oweis, Para 19).

Fayek, Mabhouhs brother told Reuters that Mabhouh was killed by squeezing his throat and taking his life out after giving him electric shock (Oweis, Para 20).

Reporting to Interpol: In my report to Interpol, I would prefer to address the chief inspector of crime and fraud that must be an efficient designatory in solving this case.

Works Cited

Dubai: European Hit Squad killed Hamas Leader. 2010. Web.

Oweis, Khaled Yacoub. 2010. Hamas says top commander killed by Israel in Dubai. Reuters. Web.

Prusher, Ilene R, 2010. Israel: Hamas commander killed in Dubai was key arms smuggler. The Cristian Science Monitor. Web.

Introduction

If I was an executive investigator of the Police Integrity Unit (PIU) working Taylors case, I would focus on ensuring the transparency of the investigation and punishment for the involved officers. Firstly, enacting fair legal proceedings for the officers in Taylors case and redefining the criteria of racial injustice misconduct would be my priority. Guaranteeing that officers will not avoid punitive penalty and undergo a just judicial process is vital. Furthermore, a PIUs priority would be to ensure that the investigation is public and transparent. Inadequate communication with the public, reinforcement of the blue wall of silence, and insufficient self-reporting led Taylors case to be one of the most unprofessional in terms of showcasing police misconduct (Bates, 2020, para. 10). Therefore, PIU will ensure transparency and fairness of the investigation process.

Systems Theory in Taylors Case

As a PIU executive investigator, I would employ a systems theory of conflict. This framework is defined by how the conflict evolves and is shaped within the broad systems of perception by certain groups of people rather than one individual (Walter et al., 2016). Racial prejudice is deeply rooted in governmental organizations that perpetuate the issues of inequality (Norwood, 2020). Police officers feel entitled to use excessive force since the system normalizes and encourages such behavior by not punishing the guilty and allowing race-targeting activities like no-knock warrants (Walter et al., 2016). When discussing systematic-level problems, separating people from the problem and addressing the issue within the existing framework rather than case-by-case will be the most effective strategy (McKay et al., 2018, p. 156). Given the aforementioned points into consideration, approaching the issues of police brutality and no-knock warrants is the most effective from the perspective of a systems conflicts theory.

Police Brutality

The two driving issues of Taylors case can be analyzed from the perspective of the systems theory. From the investigation of Taylors assassination and the current Black Lives Matter protests, it is evident that racial minorities are targeted and disfavored by governmental institutions. Socioeconomic status, ethnicity, and race played a vital role in the killing of Breonna Taylor: she was shot because the police assumed that she was connected with the ongoing investigation without any evidence (Norwood, 2020). Thus, social and institutional perception of the race was one of the factors that led police to such excessive use of force, which is a sign of police brutality. Furthermore, police brutality is evident from other cases where race served as a critical aspect of the polices decision-making. Therefore, it can be concluded that police brutality is a conflict that arose due to the normalization of deprivation of Blacks by privileged Whites in the position of power, which became a systematic phenomenon.

No-Knock Warrant

The second concept of no-knock warrants can also be dedicated to a systematic conflict. As described by Norwood (2020), no-knock warrants are granted little vetting procedure by the court, allowing officers to utilize this legal tool of no-knock entry to target non-White individuals. In fact, among all no-knock warrant entries, Black and Latino civilians suffer from unlawful and unprecedented violations of privacy the most (Walter et al., 2016). This evidence suggests that the judicial system perpetuates racism by allowing officers to abuse their power by criminalizing innocent racial minorities.

Strategy for Change

The strategy I would employ as a PIU executive investigator is establishing punitive and reporting measures for racial crimes. Firstly, as per creating an adequate disciplinary framework for mediating the damage of the Taylors case, it is essential to address officers impunity. Less than 20% of officers accused of police brutality receive any punishment, which left Taylors murderer not convicted (Walter et al., 2016). As a PIU change agent, I will enforce an elaborate criterion defining racial misconduct so that Taylors case officers will be prosecuted with a fair judicial process and punished by monetary, administrative, or criminal repercussions. Some of the criteria will include an evaluation of using excessive force, racial slurs, and racial bias in the initial investigation. As a result, the murderers of Taylor will either pay a fine or be charged with an administrative or criminal responsibility, depending on the decision of the court. Consequently, the current conflict will not only be resolved by identifying and defining punishment for the guilty, but it will also create a system for tackling racial injustice misconduct for future cases within PIU.

As a second part of the strategy, ensuring transparency and self-reporting is also essential. Bates (2020) emphasizes the PIUs lack of accountability and reports that the Department continues to withhold information and evidence from the attorneys and the public and the delays are unacceptable and inexcusable (para. 9). Therefore, my role is to publish a complete police report of the incident, conduct regular press-conferences, and issue press-releases reporting on the investigation process. This will ensure transparency and break the wall of silence in the police (Bates, 2020, para. 10). In addition, evidence and information lawfully requested by the attorneys and lawyers should be timely provided. These measures of establishing investigation transparency will guarantee that the process is fair, and the PIU acts in a lawful and equal manner to all the participants of the incidents.

Conclusion

In conclusion, it is safe to state that PIU executives can act as agents of change to address an overarching problem of racial injustice in the judicial system, explicitly acting in Breonna Taylors case. This issue of racism, along with no-knock warrants and police brutality, must be critically assessed from the systems conflict viewpoint. Some of the actionable steps that could be taken by the PIU change agent are enforcing stricter punishment and more efficient reporting.

References

Bates, J. (2020). Your silence is complicity: Breonna Taylors family calls for immediate action from Louisville police. Time. Web.

McKay, M., Davis, M., & Fanning, P. (2018). Messages. New Harbinger Publications.

Norwood, C. (2020). The war on drugs gave rise to no-knock warrants; Breonna Taylors death could end them. PBS. 

Walter, A., Ruiz, Y., Tourse, R., Kress, H., Morningstar, B., MacArthur, B., & Daniels, A. (2016). Leadership matters: How hidden biases perpetuate institutional racism in organizations. Human Service Organizations: Management, Leadership & Governance, 41(3), 213-221. 

The advent of the Internet and the overall digitalization of the 21st century have significantly changed the methods and processes of the purchase but not its essence. The introduction of modern technologies also affected the legislative sphere, which had to be adapted to new economic measures. That is why a competent lawyer needs to know which laws affect relatively new market transactions and procedures. The purpose of this work is to prove that the electronic contract between Company X and Windows Bright is subject to the Statute of Frauds and meets its requirements.

One of the fundamental theses is that Company X and Windows Bright electronic contract is subject to the Uniform Commercial Code Statute of Frauds. According to the Legal Information Institute (n.d.), it is a statute requiring certain contracts to be in writing and signed by the parties bound by the contract (para. 1) It can be proven by the Federal and State Electronic Transactions Laws on Electronic Signatures and Online Contracts. These laws equalize most electronic contracts with traditional written agreements within the law framework. OConnell (n.d.) notes that also, making an online purchase involves a form of e-contract (para. 7). It is also important to note that the Uniform Commercial Code Statute of Frauds covers not the contract itself but a particular memorandum or note which implies a logical sequence in the form of an agreement (Chapter 13 Form and meaning, n.d.). Therefore, being a contract from a formal and terminological point of view, the legislative mechanisms of the Uniform Commercial Code Statute of Frauds apply to it.

Moreover, the service that Company X buys is not only goods but also performance; in other words, a specific act of action that is a requirement of the transaction. It means that legislative mechanisms can apply to such goods and services. Therefore, Company X may take measures according to the circumstances of the contract, such as discharge, or actions agreed upon with the Uniform Commercial Code Statute of Frauds (USLegal, n.d.). It is another argument in favor of the fact that the electronic contract is the subject of this legislative act.

The author of this work believes that the electronic internet contract between Company X and Windows Bright satisfies the writing requirements for the Statute of Frauds. As it was mentioned above, the electronic contract and the digital operation itself are a de jure contract within the framework of the Uniform Commercial Code Statute of Frauds. The deal also contains two merchants, namely Company X, the buyer, and Bright Windows, which are the seller. The goods are a Shiny Lite window cleaning solution at $ 200 per case and a further act of cleaning. Therefore, according to the interpretation of the Uniform Commercial Code Statute of Frauds, it is a commercial unit that is treated in use or the relevant market as a single whole (Legal Information Institute, n.d., para. 6). It is also important to note that the contract contains a condition, process, and parameter of the purchase.

The author of this work proposes two theses that the electronic contract may be the subject of the Statute of Frauds and corresponds to its writing norms. The first statement has been proven through legislation such as the Federal and State Electronic Transactions Laws and the concept of performance in law. The second thesis was confirmed by comparing General Background and the Uniform Commercial Code Statute of Frauds and the methodology used in paragraph A.

References

Chapter 13 Form and meaning. (n.d.). Web.

Legal Information Institute. (n.d.). Statute of frauds. Web.

Legal Information Institute. (n.d.). § 2-105. Definitions: Transferability; goods; future goods; lot; commercial unit. Web.

OConnell, A. (n.d.). Electronic signatures and online contracts. Web.

USLegal. (n.d.). Discharge of a contract law and legal definition. Web.

In response to the question of whether the contract was created between GC and Pros, one should state that the contract was not formed. The rules of UCC apply to the regulation of buyers and sellers relationships under contract terms (Legal Information Institute, n.d.). According to Hamblen (2018), UCC does not apply to sales of goods in the case when both parties agreed on terms that are not specified in UCC. Since such alternative terms were not discussed between GC and Pros, the contract cannot be created. Since in the provided scenario, GC and Pros did not have a written and signed contract, their agreement on the sales of cleaning products may not be validated by the UCC regulation.

Moreover, GC did not respond to Pros e-mail and did not confirm the acceptance of the order, which might have been proof of the contract between the two parties (McMahon, 2010). As Article 2 of UCC states, where the beginning of a requested performance is a reasonable mode of acceptance, an offeror who is not notified of acceptance within a reasonable time may treat the offer as having lapsed before acceptance (Uniform Law Commission, n.d.). Thus, the contract between GC and Pros was not created.

Under the provision of UCC, a buyer has the right to inspect the goods and demand a replacement or reject from them in the case if their quality or quantity does not comply with the order specifications. The buyer must be given an opportunity and means for proper inspection of the goods upon receiving (Chapter 10: Performance and remedies, n. d.). Also, under the defined circumstances, Pros received the goods and perceived GCs delivery as the confirmation and acceptance of their offer. In such a manner, commonly, the buyer is obliged to pay for the goods. However, since the delivered goods were not the ones requested, Pros are not obliged to pay for them. In addition, according to UCC, rejection is allowed if the seller fails to make a perfect tender, which applies to the current situation (Chapter 10: Performance and remedies, n. d., para. 55). Thus, Pros are entitled to reject the goods without the obligation to pay for them.

As for the rights and obligations of GC as the seller in the scenario, the common regulations as per the UCC contract do not apply since the contract was not created between GC and Pros. The seller is obliged to deliver the goods only if the specifications are enlisted in the contract. Due to the lack of a signed agreement between the two parties, such a n obligation is not applied to GC. Under common circumstances, a seller is obliged to deliver goods having the properties as identified in the contract (Chapter 10: Performance and remedies, n. d.).However, GC has the right to cure as the UCC provision claim: before the defaulting seller is in complete default, she has a right to cure (Chapter 10: Performance and remedies, n. d. para. 34). Thus, GC has the right to cure the delivery and provide proper goods to the seller. In the case of the sales relationships between GC and Pros, at this stage, the two parties might clarify the terms of the agreement and establish a relevant contract upon which they would operate.

In response to the question concerning the GCs delivery of Window Sheen products to Johnson, one might state that GC should not be held accountable for the damage to the goods upon their storage by the buyer. The common rule that applies to the regulation of the title to goods states that the responsibility for goods is transferred to the buyer at the time the goods are delivered. Indeed, the title passes to the buyer at the time the seller completes his performance relating to the delivery of the goods (M.E. Dey & Co, n. d., p. 1). At the same time, it is assumed that the buyer expects the goods to have particular properties for which he or she pays.

To ensure the compliance of delivered goods to the requested specifications, the buyer has the right to inspect the goods upon delivery, as ruled by section 2-606 of UCC (Uniform Law Commission, n. d.). However, as Johnson accepted the goods and forwarded them to the storage location, the burden of damage and loss responsibility is transferred to him. Consequently, if the buyer, in the face of Johnson, failed to inspect the goods after delivery and before directing them to the storage location, the buyer bears the responsibility for the damage of the liquid cleaners. Indeed, a buyer who bears the loss must pay for the goods even though they are unusable (Chapter 9: Title and risk of loss, n.d., para.). This explicitly states that Johnson must pay for the cleaners GC delivered, and GC is not entitled to replace the goods.

References

Chapter 9: Title and risk of loss. (n.d.). Web.

Chapter 10: Performance and remedies. (n. d.). Web.

Hamblen. K. (2018). When does the UCC not apply to a sale of Goods? Web.

Legal Information Institute. (n.d.). Sales. Web.

McMahon, J. P. (2010). Guide for managers and counsel: Applying the CISG. Web.

M.E. Dey & Co. (n.d.). Transfer of title and risk of loss. Web.

Uniform Law Commission. (n.d.). Uniform commercial code. Web.

Introduction

In the US, the executive power rests entirely on the President of the country. Article II of the US Constitution, which establishes the ownership of the executive power to the President, does not provide for presidential powers to issue any normative or non-normative legal acts. The executive powers of the President are practiced through executive orders, memoranda, proclamations, and agreements. Over the years, the executive role of the President became more powerful, complex, and larger. This shift of executive actions is especially pronounced during the presidency of Donald Trump, who takes more responsibilities and tasks, which will be discussed based on an immigration question. Although the roles that were identified by the Constitution are in action, their implementation changed dramatically since presidents tend to have more authority and less delegation to Congress.

Presidency Role Change

The absence of clear provisions on the executive orders and memoranda in the US Constitution is associated with the positions of the Founding Fathers. The authors of the document did not specify the need to endow the highest official persons with law-making powers. They proceeded from the assumption that strict adherence to the principle of separation of powers presupposes vesting the right to issue generally binding acts only to the legislative branch. However, sections 2 and 3 of Article II of the US Constitution state that the President of the US must exercise certain general powers, including being the Commander-in-Chief of the United States Army and Navy, making sure that laws are enforced in good faith (Mortenson 1176). Also, there is a management apparatus with a ramified structure and a wide range of functions, the work of which is to be regulated by the President. Article II of the US Constitution may imply that the President is not only the highest official but also the leader of the country and head of state.

According to the Constitution and, namely, the words about executive actions, in the first years after the creation of the American Union, the President began using these tools in the form of publishing various documents. The first President of the US, George Washington, signed an executive order, declaring November 26 as National Thanksgiving Day. Today, it is the legal provision that this is the US public holiday, which is celebrated on the fourth Thursday of November, which is included in the list of official holidays established by law. It was the beginning of the publication of executive orders, proclamations, memoranda, determinations directives, and regulations.

Executive orders and proclamations are instructions or decisions of the President. When based on presidential powers arising from the Constitution or statute, they can have the force and effect of law. Earlier, proclamations were rarely used in the executive branch as they were implied to provide policies or directives from presidents. For example:

Kernell et al. note that President Obama and his allies in Congress sought to deflect criticism by observing that he had issued fewer executive orders than any president in over a century (635). On the contrary, Trump has already issued a great variety of executive orders to show that he works actively, being highly engaged in the countrys affairs. In other words, there is manipulation by the variety of executive power forms, which is used with specific purposes by particular presidents.

Executive orders are primarily addressed to and directed by government officials and departments, affecting individuals only indirectly. However, there are the dynamics of an increase and decrease in the legislative role of the President of the US. For example, during the presidency of Theodor Roosevelt, the increase in the number of executive orders was due to the policy of the New Deal, the goal of which was to address the economic crisis associated with US participation in World War II. This demonstrates the greater role of executive orders in periods when the country required active, flexible, and focused regulatory activities. Currently, several dozen executive orders are issued annually, which indicates a fairly stable situation.

In comparison, the Trump administration is committed to reducing immigration to the US, both illegal and legal forms. Electoral districts are divided based on the number of residents of the district, not citizens. American conservatives believe this leads to an unnecessary bias in the representation of large cities and populous states in Congress. However, the federal government does not collect data on how many American citizens of every state during the census. Along with the mentioned action and the creation of the wall between the US and Mexico, the current President tries to cancel the orders that were issued by previous heads of the country.

In 2012, President Obama issued a Delayed Action for Childhood Arrivals (DACA) decree, with no backing in Congress to pass legislation. This decree protected from deportation several hundred thousand people who moved to America without documents as children with their illegal immigrant parents (Crouch et al. 569). While Obama remained a President, immigration officials did not bother these people, but Trump tried to do so in 2017. Both lower courts and a majority of Supreme Court justices recognized that Trump, as chief executive, had the power to suspend the program. However, this was done incorrectly since the rules of abolishing previous actions were not taken into account. The Administrative Procedure Act of 1946 stipulates that the actions of state bodies must be accompanied by a justification. They cannot be committed arbitrarily, abuse discretion, and should be supported by objective data. As a result of the investigation, the judges found that these conditions were not met.

The authority via delegation is an integral part of the executive system of powers in the US. The extent to which Congress supports or denies the orders of presidents significantly depends on the interpretation of the Constriction. As stated by some judges, presidents, and the representative of the law, the mentioned document grants the power to act as they wish, almost without limitations. In this case, one can speak about unilateral executive authority. Nevertheless, Antonin Scalia, one of the judges of the Supreme Court, argued that they should not and cannot determine the extent of the executive power of the president. More to the point, one of the key roles of Congress is to restrict the actions of the president so that they do not exceed their roles. In todays US, it is possible to see that the interaction of Congress and the president is based on the above principle, which was implied by Founding Fathers.

Abraham Lincoln stated that the head of the executive branch should receive all his powers from the people. In the case of Trump, it seems that his Republican loyalty dictates his executive actions, which can be seen from the examples with immigrants. Although Trump argued that he strives to ensure security and increase employment rates in the country, his approach to the immigrant issue cannot be defined as appropriate. For example, the executive action regarding the wall led to numerous illegal caravans of immigrants, who had to face poverty, persecution, and broken families. The system of reducing the flow of immigration was not properly considered, which still causes negative outcomes.

Another change that can be noted is the increased attention of courts to the executive orders and memoranda of presidents. This tendency seems to indicate that presidents are likely to take too much instead of strictly following their presidential responsibilities and roles. Namely, courts scrutinize executive orders in more detail compared to public law issues. To evaluate one or another decision of a president, the courts consider it about the Constitution and current laws. However, it should be reasonably noted that not only the executive actions of Trump were voided by the courts, but also those of Obama. It happened when he first declared about the introduction of the law protecting undocumented immigrants. The court responded that by this executive order, the ex-president overarches the Constitution.

Future of Presidency

Based on the above discussion of the changes in the executive power of the US presidents, one can state that the current tendency is the extension of their responsibilities and tasks. While Congress is expected to oppose inappropriate orders and memoranda, the evidence shows that it is better to decrease the existing tension. Since the actions of Obama and Trump were proactive and radical, it is possible to suggest that it is time for economic and political changes, but great attention should be paid to the needs of the US citizens. Therefore, one should recommend that the present executive power rates are to become lower, which is critical for preserving the balance of powers between executive, legislative, and judicial branches. Democracy is the basis of American society, and

The recent destruction of monuments, including statues to Confederate leaders, is a manifestation of a broader trend. For many years, the US has been based on the understanding that people have different views, backgrounds, and circumstances, and inevitably may disagree with each other. There is a difference between preserving a statue of a historical figure and awarding them the Nobel Peace Prize. However, there has always been an idea that, in the name of national cohesion and mutual self-respect, US citizens should accept  not necessarily respect or admire, but accept historical symbols that are important to a significant portion of the American population. The tradition of compromise and recognition on which the US was founded and which, along with entrepreneurial spirit and the rule of law, makes America great, is now being attacked by left-wing groups with close ties to the Democratic Party.

Conclusion

To conclude, this paper revealed that compared to the previous presidents of the US, recent heads of the state are more likely to extend their executive power by issuing executive orders. Another form of manipulation is the replacement of orders by memoranda or proclamations. The issue is that the presidential authority line is not determined, and it creates various interpretations when it comes to executive powers. Therefore, it is recommended that the current rate of executive actions should be reduced to keep the US democratic and also ensure the balance of powers.

Works Cited

Crouch, Jeffrey et al. The Law: The Unitary Executive Theory and President Donald J. Trump. Presidential Studies Quarterly, vol. 47, no. 3, 2017, pp. 561-573.

Kernell, Samuel, et al. The Logic of American Politics. Sage Press, 2017.

Mortenson, Julian Davis. Article II Vests the Executive Power, Not the Royal Prerogative. Columbia Law Review, vol. 119, no. 5, 2019, pp. 1169-1272.

Introduction

Education is critical for the growth and development of a country and any government should prioritize access to schooling. In the United States, the cost of teaching has been a sensitive topic for debate with several people expressing that the expenses need to be brought down. House Bill (HB) 21 authored by Representative Terry Canales seeks to help reduce the costs of course materials since students spend more than $485 annually on textbooks (Balevic, 2019). This essay examines the proposed legislation and the problem it attempts to solve concerning the costs of schoolbooks.

House Bill 21

House Bill 21 proposes to save students some money by exempting them from paying taxes on textbooks for limited periods. Rep. Canales believes that making education more affordable will benefit the government more than collecting taxes on the learners (Balevic, 2019). With the expenditure on books rising over $485 (reaching $525 after Austins 8.25% sales tax), excluding course materials from the sales tax could go a long way in helping the scholars to save money.

The problem being addressed by the proposed bill goes beyond textbook prices. According to Kristof (2018), 65% of students skip purchasing the required books due to the lack of affordability. The costs of coursebooks have risen by up to four times the rate of inflation in the last decade (Kristof, 2018). The underlying issue is that students purchase the books but the expiry of the access codes at the end of the semester means they cannot resell them. The industry is controlled by five companies that tend to make the coursebooks expensive (Echevarria, 2018). HB 21 recognizes that the lack of access to textbooks is a critical issue that should be addressed. Tax exemptions sound like a perfect place to start, considering that it is the responsibility of the government to make education accessible. The broader challenge is the cost of education, with textbooks being a vital expense for the students.

Advantages and Disadvantages of HB 21

The main advantage of HB 21 is that it addresses key difficulties within the US education system, which includes the costs of and access to course materials. Today, the learners often rely on used books, digital resources, and rentals as a means to save money (Hill, 2015). These tactics are the result of increasing charges of textbooks. The bill is a critical step towards making learning materials cheaper and easily accessible to the students.

Another advantage is that the bill addresses the broader challenge of the affordability of education, especially at a time when student debt has become a serious concern. Rep. Canales is right by stating that the government will earn more from a productive population than it can earn through taxing students (Balevic, 2019). An educated population becomes more productive, earns greater disposable incomes, and contributes more revenues through sales taxes. The bill is advantageous not only to the students but also to the government in the long term.

The main disadvantage is that the state government will be deprived of tax revenues through tax exemptions. Following the publication of the bill, the legislative budget board conducted a fiscal impact of the bill in terms of the revenues the state would be expected to lose. The distribution of lost revenues across the general fund, cities, transit authorities, and counties, and special districts means more than one sector is affected. The respective estimated figures (in $ millions) for the year 2020 (assuming the bill takes effect on July 1, 2019) are 34.19, 6.34, 2.17, and 1.28 (McGeady & Keyton, 2019). Even though the state would benefit more from an educated population, Rep. Canales will be obligated to address these losses and explain how and when they will be recovered. The state requires funds to function, and the bill denies the government a major source of revenue.

Voting for the Bill

The HB 21 was read for the first time and referred to Ways & Means on February 11, 2019. The schedule for a public hearing was April 24, 2019, and no action has been taken in the committee. The bill is yet to be affected and, if I were a legislator, I would vote to pass the proposal. From an economic perspective, it is not prudent to allow a few companies to monopolize the industry and use their power to raise the costs of learning materials. Additionally, it is the responsibility of the government to make education accessible by ensuring affordability. If the government cannot subsidize the course materials, then a tax exemption is a good alternative. The students, according to Rep. Canales, are not the richest people in the country and many indeed struggle to afford education.

Conclusion

House Bill 21 authored by Rep. Canales is a good and logical bill intended to help students save money on textbooks. The prices of learning materials have risen rapidly and the costs now contribute to the issue of soaring student debt. HB 21 solves the problem of book prices and the broader concern of student debt and the cost of education. Passing it is an important step towards making education more affordable.

References

Balevic, K. (2019). College students spend about $500 a year on textbooks. One Texas lawmaker wants to throw them a bone. The Daily Texan. 

Echevarria, G. (2018). Almost 80% of the textbook industry is dominated by 5 publishing companies that make books so expensive most students skip buying them. Business Insider. 

Hill, P. (2015). How much do college students actually pay for textbooks? eLiterate.

Kristof, K. (2018). Whats behind the soaring cost of college textbooks. CBS News. 

McGeady, J., & Keyton, S. (2019). Fiscal note, 86th legislative regular session. Legislative Budget Board. 

Introduction

A contract is made when two or more parties come into an agreement on whether to undertake something, abstain from doing it or pledge to do something for one another. A contract can either be verbal, on paper, indirect or direct and they can either be lawfully enforceable or not.

Verbal contracts are considered weak since there is no written evidence. We often engage in verbal contracts, in fact, almost every day one makes an oral contract. An example of an oral contract is when a father tells a child that if he does well in school, he will give him a certain gift and the child accepts. This is an oral contract and it is not lawfully binding.

Contracts can also be direct or indirect in that the whole contract or some of the terms can be direct or indirect. An example of a direct/ express contract is in the case of a financial loan one commits himself to pay a certain monthly installment at a set interest rate till he completely pays off the loan. This is put on paper as an express contract.

An indirect/implied contract is a verbal contract a good example is when one orders a drink in a restaurant one does not state the offer and acceptance.

Basics of a contract

There are six basic requirements that are involved in a contract.

Concepts of offer

The simple definition of an offer is what is presented to a party in exchange for that persons promise (Elliott and Quinn, 2007). There are no specific words that are supposed to be used in a contract. However, one of the parties must give an offer and the other party may or not accept the offer depending on its terms. An offer can either be verbal or on paper unless the law requires a written one.

An agreement is very vital in a contract in that without the meeting of two minds to come to a consensus then there is no contract. There must also be intended to get into a lawfully binding contract. A court can not read peoples minds hence there must be sufficient proof that the parties came to an agreement.

Acceptance of the offer

The acceptance of an offer made by one party is what constitutes a contract. The acceptance cannot be withdrawn nor can the terms be changed nor amended (Elliott and Quinn, 2007). Changing the terms makes the contract a counter-offer. A counteroffer comes about when the terms are changed and the parties negotiate and settle for a contract on an agreement.

Though this offer varies in different states the decree is that there should be no conditional acceptances (Adams and Brownsword, 2007). The fact is that by making conditional acceptance one is actually declining the offer. An acceptance to an offer is made within the time frame because most of the offers have a time limit hence, they expire. When an offer expires it can only be accepted if the one offering it renews it. The requirement of the law is that an offer should be left open for a reasonable time frame. A contract comprises a bargain that is the good deal the parties agree on. The approval of the offer is the consideration that binds the contract.

Consideration of offer

Consideration is the value of a promise and is a requirement by the common law. A contract is made legal only if there is consideration of worth or value (Adams and Brownsword, 2007). The law stipulates that the bargain should be sufficient, something valuable must be given out in a way that both parties gain. The law enforces that a contract must have consideration and a judge has the right to discard an agreement he suspects fraud. Consideration must be satisfactory to be recognized by law and it should not be a promise to do something that the general law obligates you to do.

The ability of the parties to contract

According to the law, all people have the capacity to get into a contract. If anyone evades a contract that is being enforced on him, he must then appeal his incapacity to contract. A contract may be invalid in cases of insanity, capital felonies, minors and corporations.

Intent of participation

In a contract, both the parties must enter an agreement with an aim of obligating themselves to the conditions of the contract (Chen-Wishart, 2008). This works best for written contracts to prove that both parties agreed to enter into a contract.

The legality of the Contract

All the contents of a contract must be lawful. A contract can only be enforced if all its terms are legal. In case a contract has illegal aspects, it is not enforced. A contract must not involve other parties outside the contract. The courts protect people from breaches when one party does not live to the end of the deal hence legal action is taken against them.

Conclusion

It is always advisable to examine the contents of a contract before signing anything. If you doubt the contents of the contract then you can consult an attorney who is specialized in contract law for advice.

References

Adams, J. N., & Brownsword, R. (2007). Understanding contract law. London: Sweet & Maxwell.

Chen-Wishart, M. (2008). Contract law. Oxford: Oxford University Press.

Elliott, C., & Quinn, F. (2007). Contract law. Harlow, Essex: Pearson Longman.

Even though it may not seem that the situation described in the case study is a significant threat, it should be treated as a breach of patients confidentiality. On the one hand, physical therapist accidentally accessed health records without authorization. On the other hand, this information was shared with a supervisor. Even though accidental access to health records is a violation of HIPAA standards, the situation with sharing this information is inconclusive. According to HHS (n.d.), HIPAA permits health care providers to disclose to other health providers any protected health information (PHI) contained in the medical record about an individual for treatment, case management, and coordination of care (p. 8). However, it is unclear if sharing information that was acquired by an accident is appropriate.

While there may be some ambiguity about the severity of the violation, the supervisor has a clear protocol she or he should follow. According to the HIPAA Journal (2017), any case of accidental disclosure of protected health information (PHI) is to be reported to the Privacy Officer. This implies that the supervisor needs to report the case to the Privacy Officer without trying to assess the violation to avoid errors. The Privacy Officer will need to assess the violation and associated risks of further disclosure. The Privacy Officer may choose to report the incident to the OCR or not depending on the results of the assessment. According to the HIPAA Journal (2017), there are three cases that are not regulated by the HIPAA Breach Notification Rule, and the Privacy Officer will need to check if the situation can be treated as one of such cases. If the situation is not an exception, OCR needs to be notified within 60 days from the discovery of the breach (HIPAA Journal, 2017). However, risk mitigation strategies should be applied to avoid further sharing of the information.

Reference

HHS. (n.d.). HIPAA privacy rule and sharing information related to mental health. Web.

HIPAA Journal. (2017). How should you respond to an accidental HIPAA violation? Web.

Many people encounter threats daily and look for a way to properly defend themselves in a law-accepted manner. To solve such conflicts, a person has the right to prevent any harm via self-defense. The extent and the motives qualified as reasonable is a very serious topic of discussion. This essay aims to analyze the lawyers plan to defend the person that has committed an act of self-defense and summarize possible positive and negative outcomes of the court hearing.

The defense attorney has a small chance of proving the justification of the defendants actions. The victim has walked into the store owned by the defendant and seemed to walk around the isles. The owner was previously robbed on multiple occasions, so he was very cautious and tense. The victim approached the owner with his hand holding something in the pocket. The defendant assumed it to be an attempted assault and shot the customer, who turned out to be holding the phone. To justify an act of self-defense, a proper reasonable motive has to take place. The only way for an attorney to help the defendant is by decreasing the sentence duration.

The owner of the store had nothing but assumptions for his motives. The victim did not express anger or threaten the defendant. The previous store robbings for sure has planted a seed of a doubt, but it has nothing to do with a victim. An attorneys strategy has to be relying on the reasonable jury members and the judge. His clients motivations can be justified by a reasonable fear of possible assault (Libraries, n.d., para. 20). The store owner has feared the possible assault and to prevent it he decided to shoot the victim. The problem is that the attorneys client has overreacted on the situation, and such detail can play a significant role in the hearing result.

The possible court decisions exclude the possibility of avoiding the sentence. The extents of the defendants actions far exceed the potential outcome. The jury and the district attorney may point out that even if the victim was planning a robbery, it might not have resulted in the murder of the owner. Of course, if the defendant received threats from the victim, he would have a justifiable reason for self-defense. If the attorney brings up the owners previously experienced robberies and his caution about strange visitors, the jury may understand his motives. The outcomes are few: a full sentence for a murder or a reduced sentence. If all the details prove the justification of the defendants actions via reasonable fear, the trial may result in a reduction of the sentence. On the other hand, if the attorney fails to make the jury and the judge sympathize with his client, the store owner will receive the full sentence.

The act of self-defense is mostly a tough case to win for any attorney. To justify the clients actions, the lawyer has to prove that the defendants motivation can be subjected to one of the core principles of self-defense. Unfortunately, in the shop owners case, a trial will result in a sentence no matter what, the attorney may only affect its duration. This essay aimed to analyze the defense attorneys strategy for the shop owners case and predict the trials possible negative and positive outcomes.

Reference

Libraries. (n.d.). The University of Minnesota. 2020, Web.