PAD525 Week2 Assignment 1
PAD525 Week2 Assignment 1
Popular in Course
verified elite notetaker
Popular in Department
This 0 page Study Guide was uploaded by kimwood Notetaker on Friday November 6, 2015. The Study Guide belongs to a course at a university taught by a professor in Fall. Since its upload, it has received 31 views.
Reviews for PAD525 Week2 Assignment 1
Report this Material
What is Karma?
Karma is the currency of StudySoup.
You can buy or earn more Karma at anytime and redeem it for class notes, study guides, flashcards, and more!
Date Created: 11/06/15
LEARNING BY DOING 1 LEARNING BY DOING Week 2 Assignment 1 Joseph Brown Dr Udoh E Udom PAD525 April 19 2013 LEARNING BY DOING 2 The State of Virginia statute that defines what is considered to be a public record that must be made available to the public upon request The Virginia Freedom of Information Act VFOIA is the state law governing access by citizens of Virginia and representatives of the media to public records and to meetings of public bodies as defined in the act 223704 Public records to be open to inspection procedure for requesting records and responding to request charges transfer of records for storage and more Code of Virginia 2013 VFOIA provides that with some specific exemptions and exceptions all meetings of public bodies shall be open to the public and all public records open for public inspection All public meetings and records are presumed open unless an exemption is properly invoked The PreWorld War I opinion by the US Supreme Court holding on reargument that a federal income tax was unconstitutional The US Supreme Court decided that the income tax was unconstitutional because of direct taxes implementation by congress and it was not apportioned among the states in conformity with the Constitution An example of this is the case involving Pollock v Farmer s Loan amp Trust Co where the Supreme Court ruled that in Pollock v Farmer s Loan amp Trust Co that the new federal income tax is unconstitutional because it violates Article 1 sections 2 and 9 of the Constitution These sections known as the rule of apportionment specify that all federal taxes must be imposed based on the population of each state rather than directly on the people The federal statute authorizing the US Secretary of Transportation to make payments to states for the value of materials stockpiled near federal highway construction projects in conformity with the project specifications LEARNING BY DOING 3 Federal statute 23 USC 121 Sec 121 Payment to States for construction In General the Secretary from time to time as the work progresses may make payments to a State for costs of construction incurred by the State on a project United State Code 2005 Such payments may also be made for the value of the materials that have been stockpiled in the vicinity of the construction in conformity to plans and specifications for the projects and that are not in the vicinity of the construction if the Secretary determines that because of required fabrication at an offsite location the material cannot be stockpiled in such vicinity The federal joint regulation of the US Fish amp Wildlife Service Department of the Interior National Oceanic and Atmospheric Administration and Department of Commerce identifying the factors for listing delisting or reclassifying endangered species Factors for listing delisting or reclassifying species are found under 50 CPR 42411 The Endangered Species Act of 1973 as amended 16 USC 1531 et seq Act requires the Secretary of the Interior or the Secretary of Commerce depending on jurisdiction to determine Whether species are endangered or threatened In defining quotspeciesquot the Act as originally passed included any subspecies of fish or Wildlife or plants and any other group of fish or Wildlife of the same species or smaller taxa in common spatial arrangement that interbreed When mature In 1978 the Act was amended so that the definition reads any subspecies of fish or Wildlife or plants and any distinct population segment of any species of vertebrate fish or Wildlife Which interbreeds When mature Federal Register 1996 This change restricted application of this portion of the definition to vertebrates The regulation continue to say before authorities can list a quotspeciesquot as endangered or threatened is thus not restricted to species as recognized in formal LEARNING BY DOING 4 taxonomic terms but extends to subspecies and for vertebrate taxa to distinct population segments Because the Secretary must determine whether any species is an endangered species or a threatened species section 4a1 it is important that the term quotdistinct population segmentquot be interpreted in a clear and consistent fashion Furthermore Congress has instructed the Secretary to exercise this authority with regard to DPS39s quotsparingly and only when the biological evidence indicates that such action is warrantedquot Senate Report 151 96th Congress 1st Session The Services have used this authority relatively rarely of over 300 native vertebrate species listed under the Act only about 30 are given separate status as distinct population segment regulations It is important in light of the Act39s requirement to use the best available scientific information in determining the status of species that this interpretation follows sound biological principles The State of Virginia administrative regulations specifying the licensure process for real estate agents The Virginia Department of Professional and Occupational Regulation DPOR regulates over 30 occupations and professions through 19 different boards The Real Estate Board was established in 1924 and currently licenses over 55000 individuals and businesses within the Commonwealth of Virginia The requirements for a real estate salesperson license in Virginia include being at least 18 years of age and having successfully completed 60 hours of approved real estate courses plus passing the State and National portions of the salesperson examination All real estate agent applicants need to apply for their license within one year of passing the examinations or reexamination will be required LEARNING BY DOING 5 Prince William Country Virginia Noise Ordinance Information Because noise at certain levels can be harmful to the health and welfare of citizens Prince William County prohibits excessive and annoying noise The County s Noise Ordinance Chapter 14 regulates specific times that certain noise sources can be operated and defines noise limits The County s noise ordinance states that no deliveries may be made that is operating loading or unloading any vehicle including but not limited to trucks or the opening and destruction of bales boxes crates and containers in the outdoors in zones other than industrial within one hundred 100 yards of a lawfully occupied dwelling between the hours of 10 pm and 6 am Events or actions may be prohibited if they cause a noise disturbance including continuously barking dogs noisy construction equipment horns and signaling devices not being used for a danger warnings radios and TV sets and engine repair and testing Complete copies of the noise ordinance and what it covers are also available from your local library The most recent opinion of the Supreme Court of Virginia describing the extent to which the state constitution requires that the power of eminent domain be exercised only for a public use History responding to the backlash against the Supreme Court decision KELO v City of New London allowing the government to use the power of eminent domain for economic development Virginia passed a law restricting that power On Tuesday the State of Virginia went even further and passed a state constitutional amendment that requires the government to compensate landowners and business owners not only for the value of condemned property but for lost benefits and lost access to their property Opponents of the amendment believe the LEARNING BY DOING 6 amendment is an overreaction to Kelo and fear that the new law will open up a Pandora39s Box of litigation that leaves taxpayers footing the bill for claims of quotlost profitsquot arising from street widening to street closures during parades and festivals Proponents of the law agree that quotlost profits and lost accessquot could end up making roads and other projects more expensive to build A recent federal trial court decision in your federal district describing the standard for summary judgment in federal court The United States District Court for the Eastern District of Virginia seems to have found a way to move cases forward relatively quickly using the existing Federal Rules of Civil Procedure and its own local rules standing orders and practices According to the Eastern District of Virginia Pretrial Procedures website No motion for summary judgment shall be considered unless it is filed and set for hearing or submitted on briefs within a reasonable time before the date of trial thus permitting a reasonable time for the Court to hear arguments and consider the merits after completion of the normal Briefing schedule specified in Local Civil Rule 7F1 for motions Kieve 2010 A lawreview article about libel law and political campaign advertisements According to the Harvard Law Review last February however in Noonan v Staples Inc the First Circuit Court applied a Massachusetts libel law that does not allow truth as a defense for statements made with actual malice in reversing a district court s grant of summary judgment While the First Circuit did not err in concluding that the defendant was procedurally barred from attacking the constitutionality of the statute for the first time in a petition for rehearing the court s decision reveals the tenuous constitutional ground on which the Massachusetts libel law currently stands The statute s only doctrinal protection is the distinction between speech LEARNING BY DOING 7 concerning public matters and speech concerning private matters Though this distinction may be sensible in some contexts it should not extend to statutes concerning truthful statements both because the affected party in such cases lacks a robust reputational interest and because the distinction is likely to chill protected speech in cases that blur the line between matters of public and private concern In early 2008 the North Carolina Republican Party asked two North Carolina television broadcast stations to air a political advertisement it sponsored titled Extreme which declares President Barack Obama too extreme for North Carolina According to the Maryland Law Review article the political advertisement was citing ethical and moral concerns general managers at each North Carolina broadcast station rejected the advertisement and then came under fire from North Carolina Republican Party members for lack of fairness and for quelling free speech Negative campaign advertisements are nothing new and President Obama s opponents surely are armed with similar advertisements for use in the future Code of Virginia 2013 Title 22 ADMINISTRATION OF GOVERNMENT Retrieved on April 19 2013 from httDleglstatevausCgi binlegp504exe000codTOC0202000003 7000000000000 Harvard Law Review 2009 First Circuit Applies Libel Law that Does Not Allow Truth as a Defense in Cases of quotActual Malice Retrieved on April 20 2013 from Kieve Loren 2010 Eastern District of Virginia Pretrial Procedures Retrieved on April 20 2013 from http wwwuscourts govuscourtsRulesAndPoliciesrulesDuke20Materials LibraryLoren20Kieve20Eastern20District200f20VA20Pretrial20Procedures pdf Maryland Law Review 2009 A Broadcaster s Moral Choice Retrieved on April 20 2013 from httpwwwlawumarylandeduacademicsjournalsrrgcissuesRRGC 8 241 ReedHuffpdf The Federal Register 1996 Policy Regarding the Recognition of Distinct Vertebrate LEARNING BY DOING 8 population Segments Under the Endangered Species Act Retrieved on April 19 2013 from httpWWWfwsgovendangeredlawspoliciespolicydistinctvertebratehtml United States Code 2006Supp1ement 5 Title 23 Highways Retrieved on April 19 2013 from httpWWW gpo govfdsvsgranuleUSCODE201 1title23USCODE201 1title23 chap 1 sec 12 lcontentdetailhtml
Are you sure you want to buy this material for
You're already Subscribed!
Looks like you've already subscribed to StudySoup, you won't need to purchase another subscription to get this material. To access this material simply click 'View Full Document'