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devry law310 week 5,6 and 7 discussions




Question;Regulation vs. Deregulation (graded)How do attorneys use case law in advising their clients?Fact pattern: The attorney you work for represents John Bennett. Bennett has been charged with possession of narcotics as a result of a traffic search. Bennett got a flat tire and was stranded on the side of the road. While he was changing the tire a state trooper pulled behind Bennett and parked his car. The trooper offered to assist Bennett in changing the tire but Bennett said he did not need assistance as he had the necessary equipment and a spare tire. Nevertheless, the trooper remained and said that he was going to have his dog conduct a sniff search of the periphery of the car. Bennett questioned why that was necessary and the trooper said that because Bennett was parked on the side of the road, a search had to be conducted. The dog alerted on the driver front wheel well. When the trooper removed it he found two large packages of a white substance believed to be cocaine and weighing approximately 6 pounds. Bennett was arrested and has questioned whether the troopers actions were lawful.Read Illinois v. Caballes, 543 U.S. 405 (2005), located in Appendix VII of your text. How would you advise Bennett on the likelihood that a court would suppress the evidence found by the trooper? What factors/law from Cabelles decision would be critical in arriving at your decision?\Analysis of the Law (graded)A foundational principle of American government is the separation of powers. Since it is the legislative branch that creates law, what is the role of the judicial branch in creating and understanding the law?week 6Fairness in Regulation (graded)"The assault on the national government is represented as returning power to the people. But the withdrawal of the national government does not transfer power to the people. It transfers power to the great rival of the national government, indeed the great cause of the rise of "big government'?the large corporation and the business community." Arthur SchlesingerTheodore Roosevelt observed of the greedy trusts of his day, "If this irresponsible outside power is to be controlled in the interest of the general public, it can be controlled in only one way?by giving adequate power of control to...the National Government."Do you agree or disagree with these statements that we need big government to counteract corporate interests and achieve fairness for all in American life?The Nanny State (graded)According to an article in Business Insider, ?A Florida law requires vending-machine labels to urge the public to file a report if the label is not there. The Federal Railroad Administration insists that all trains must be painted with an ?F? at the front, so you can tell which end is which. Bureaucratic busybodies in Bethesda, Maryland, have shut down children?s lemonade stands because the enterprising young moppets did not have trading licenses.? Do critics who claim we are in a Nanny State get it right? Find some examples in newspapers or on the Internet of regulations you think have gone too far.week 7Copyright?Enough, Already? (graded)As discussed in the Week 7 Lecture, Justices Breyer and Ginsberg come at the purpose of Article I, Section 8 from entirely different perspectives. Supreme Court Justice Ruth Bader Ginsberg maintains that the general purpose of the clause is to promote the dissemination of existing and future works. Justice Stephen Breyer takes an opposing view ? that the purpose is to promote the production of new works.Who do you think has the right side of the argument, and why?Biometric ManThe movieMinority Report showed scenes of characters walking through a mall where billboards greet them by name and suggest purchases of products that they would be interested in. How did the billboards know it was Tom Cruise, and not someone else? Biometrics. Biometrics is the science of measuring and statistically analyzing biological data. It could be through fingerprints, retinal scans, facial scans, DNA. Technology is sufficiently sophisticated to digitalize this information and code it into a credit-card chip.Should we download ourselves? What is the potential upside? What is the downside?


Paper#59018 | Written in 18-Jul-2015

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