AUDRA OUL_HIST 308_ FEB.8- FEB.12,2016
AUDRA OUL_HIST 308_ FEB.8- FEB.12,2016 HIST 308
Long Beach State
Popular in Law and Civilization
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This 6 page Bundle was uploaded by Audra Oul on Tuesday February 16, 2016. The Bundle belongs to HIST 308 at California State University Long Beach taught by Martha Kadue in Spring 2016. Since its upload, it has received 52 views. For similar materials see Law and Civilization in History at California State University Long Beach.
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Date Created: 02/16/16
Monday, February 8, 2016 Reliable source for short paper must see what the law is There is a difference between a an opinion and reliable fact Header: Name and Title of Paper Law influences society norms and functions Check grammar: punctuation, spelling, verb changes Take time to represent it well Short and concise Memorandum to boss U.S. Senators: Dianne Feinstein and Barbara Boxer Congressional Representatives House. Gov/representatives/find Codified lawlegal code All similar actions are grouped together Legislative Body How a Bill becomes a law? Bill is introduced Law should change or repealed New representatives from their body Can do if somehow constituents react with them Constituent is people who live in an area, a part of the whole Anyway we know, we have a hearing What does the bill do? What does it not do? Hold hearing for federal government Put president representatives to keep bills moving Amendment adjusted to change in some way Set over to the state senate Most bill can start on either house *Acts have to start in House of Representatives 1. Holds committee hearing People contesting ( challenging) Community input 2. First hold a conference committee Inputs on constituents 3. Then goes to executive. If executive signs it, then veto, sign it and then pass Bernie debate on who has the money Making of an input Recent California Statures 1. Minimum three paid sick leaves 2. Professional sports team Banned from deducing league penalties from California income tax 3. Digital cameras including illegal transactions in California 4. Sellers of good and services cannot prevent unfavorable reviews by customers 5. Birth Certificate will allow same sex couples to identify as mother, father, or parent 6. Manufacturers of guns make them colorful 7. One can be prosecuted for invasion of privacy for photography in a private setting Eminent Domain: government going to use this property for public use More commerce, more jobs, make people spending money, city more income tax, city tax revenues Eminent domain is the football stadium They brought the property Balancing public benefits Nordstrom Company Public schools Private schools Project Legislation How should “public use” be defined in California for purposes of eminent domain? You can list specific purposes that qualify and/or do not qualify or write a general standard test You must get a majority of your group to accept the definition Count on a case by case basis Private setting v. Public goods: privately owned vs. educational purposes Private settings: memberships e.g. gym Public goods: universities/college e.g. CSULB used to be a Native American land Railroads, parks and recreation, stadiums, missions for educational purposes California State Law need qualification May not qualify as educational purposes: Sea world Disneyland Zoos and rollercoasters But Aquarium of the Pacific and the museums could be educational purposes Museums are educational purposes; schools are in support of certain museums Military bases, troops, veterans, are defenses for the country that quality for public goods A public good is to be able to be for the state and the country: A standard for clean air and transportation Wednesday, February 10, 2016 Eminent domainbenefit for large benefit It was a flawed constution Even if there is a public functions, there is resistance Eminent domain of a football stadium is an environmental issue It is a hot topic Promote eminent domain it is like a pipeline Congress goes for election every 2 years Grading Papers 10pt Directions 5pt Spelling/punctuation Grammar/structure 50pt contentanalysis Sources factual Organizationthesis arguments support thesis 20pt sources evidences 15 organization Evidences are logical Intro and conclusion When legislature make laws, judges see if laws are applied How to set of rules Statutory Interpretation 1. Read the words of the constitution 2. Literal language 3. Legislative intent All constantly out there United States v. Church of Holy Trinity (#1) Circuit Court, 1888 Yates is from last year method of statutory interpretation Hired pastor not in the U.S. Did not come to work Aliennoncitizen Law that does not ban to come to U.S. to work cannot do any work except for lecturers, actors, small secretary… Church of Holy Trinity induce the pastor to leave the U.S. to work to them They upheld to fine Law said church cannot do it Courts apply stature that legislature passes The court upheld the law as it is written Courts do not follow stature start to lose faith in constution Societal value expectation do court do what the law says? Assumption courts cannot rewrite laws if disagree with it Remedy: congress can amend the law Can add religious leaders Controversy change of the law In 1888, not controversial U.S. vs. Church of Holy Trinity (#2) U.S. Supreme Court 1892 Laws of the Supreme Court Congress did not intent on the this situation based on unskilled labortake away jobs from U.S. citizens *labor unionswages Employment wages Overabundance, can hire, recruit a large number of people Can bring them to have unskilled labor force Courts looks at legislative record Agrees how law applies to church *Something can be in letter of statement but not letter of the stature Law saw in medieval reports Courts do that when something unclear in stature Societal values: what does religion has to do with it? Nations can write laws applies to them as employer Religion is icing on the cakeit has nothing to do with legal analysis Goes on about religion Societal value about constitution stays on realm, which is not rewriting laws Law made effect to religious leaders Look at the consequences of the ruling Supreme Court said they have the church that they wanted Societal reasons: government tells the church about their societal leaders Literal languagemeans precisely what it says Hypothetical situation #1 Law: Vehicle are prohibited in Green Park Facts: A hiker suffers a serious injury in Green Park Issue: Can an ambulance enter Green Park without violating the law? Justice Scaliaambulance is violating the law Yates v. United States Caught an undersized fish Measured it Came in the port He threw away the evidence He attempt to impede the investigation Tangible document that he destroyed. He went off. The majority said not to lock him up Look at the enactment of the law Look at the context that Congress pass this law Enron Corporation is the house of cardcompany betrayed about statement audited by national accounting firm. Accounting firm stated to destroy some documents SarbanesOxley Act prohibits accounting fraud because they agree Enron Corporation committed a massive accounting fraud for the auditor from the outside to destroy documents Look at the literal languagea violation Contextshould it apply Societal concern about courts accountant statures No fixed rule of decision, method Yatesnot about Yates but concern about an overreaching government take one thing and expand on all already Concern about the larger context of the ruling Applies to the bookkeeping types, Do judges talk about consequences? Look at the larger consequences Kimble v. Marvel When court interpret a statutory Wrong text then wrong how Different focus when talk about stature Amend the constitution is a different category Appointment plan because accepted disability Courts do not like how judges interpret stature will change it Kimble came up with the sleeve canister in glove Develop a similar glove No date for end of agreement Kimble agreed to patent Kimble wanted the money Why court reluctant to change the rules? Many arguments is key in this case Make agreement based on what the law is Constitutional interpretation How can I plan how much this worth is to be? Relied on rule when negotiate an agreement Generally a business plan agreement need to know what the rules are *Disrupting for commerce to change the rules *Patent expires and royalty payment ends Stephen Kimble sue for patent infringement Law specify end date Look at the Congress and the stature several times Kimble had a cause for changing the rules Important that laws do not change Reinterpret the statures Societal valuesthe way the court rules
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