Discussion Question 1 : "Litigation and Resolution."
Please respond to the following:
Read the case summary of Alyeska Pipeline Services Co. v. Wilderness Society. Discuss the court's analysis that the legislature, not the courts, need to address responsibility for lawyers' fees?
Discuss why there is resistance to liberalizing lawyers' fees awards? Explain if there is another approach, such as proportionate responsibility or capping fees?
Evaluate Dondi Properties Corp. v. Commercial Savings & Loan Ass'n. Compare and contrast the benefits, in the long run, of following the judges' rules.
From a personal perspective, will you be able to resist the temptation to engage in such tactics when you are involved in litigation? Even when the other side has engaged in them?
DISCUSSION Q2 : "Lawyer Up."
Please respond to the following:
The attorney-client privilege is an important part of the client-lawyer relationship. Discuss the extent that the public records or open meeting laws should override the privilege.
In the text, the section of "Insincerity Seemingly Is Rewarded in the Adversarial System" gives a precursor to the trial?) system. Discuss whether the need for lawyers to act zealously to win cases explains why lawyers act in sometimes "immoral" ways.
Assignment : Presentation
Choose any federal statute that is currently in the news. You will have to research that statute and at least two court cases pertaining to the statute. Then, prepare a PowerPoint Presentation of 6 to 8 slides addressing the following:
Provide a summary perspective of the statute.
From the two cases relevant to the statute you researched, analyze and evaluate each case separately by providing the following (about two paragraphs per case):
Facts of the case
Issues
Rule
Identify and discuss the legal ramifications and violations of any legal subjects and/or decisions related to any constitutional principles and/or administrative agency.
Make an argument for or against the statute. Discuss and persuade the audience of your position as a public administrator for or against it.
Your assignment must:
Include ten (10) PowerPoint slides, with two (2) devoted to each of the topics in items 2-4 above. Slides should abbreviate the information in no more than five or six (5 or 6) bullet points each.
In the Notes View of each PowerPoint slide, incorporate the notes you would use when presenting the slides to an audience.
Slide titles should be based on the criteria described above (e.g., "Four Major Changes," "Major Court Cases," etc.)
In addition to the ten (10) content slides required, a title slide and a reference slide are to be included. The title slide is to contain the title of the assignment, your name, the instructor's name, the course title, and the date. The reference slide should list, in APA format, the sources you consulted in writing the paper.
The specific course learning outcomes associated with this assignment are:
Interpret the language of the U.S. Constitution and the U.S. legal system in order to explain the principles and process of constitutional, regulatory, and administrative laws at the federal and state levels.
Use the "case" approach to the U.S. legal system for researching cases, laws, and other legal communications using technology and information resources.
Evaluate legal subjects relevant to public administration to include property, government contracts, employment, and torts.
Relate the administrative process, constitutional and statutory requirements, to the scope of judicial review of administrative agency decisions.
Assess legal decisions related to the administration of public goods.
Apply and rule on moral and ethical analysis to issues relevant to the public administration decision-making process.
Use technology and information resources to research issues in constitution and administrative law.
Write clearly and concisely about issues in constitution and administrative law using proper writing mechanices.