Law Exam
20
Combined Lecture NotesLaw and Public Policy Lecture Notes 30 August 2016
Briefings on Cases are the majority of the work
The paper and presentation is the main grading of the course
The midterm and the final are the purpose of judging both the core items needed from the class are digested and the subject matter of the test has been understood and he will point out what will be on the exams both the midterm and the final
Multiple choice and short answer that will have a short answer at the end
Cases briefed online two cases a week and every week two students will volunteer to stand up and talk about the case
Law is the performance of academia
Class will be in parts
Case Brief
Marbury vs. Madison
John Adams lost the election to Thomas Jefferson
Adams second president
He tried to put his people in all areas of government
Judiciary act of 1801 (1789)
He put this into effect
With his Congress he tried to come up with the new version of the judiciary act of 1801—tried to create
Justice of the peace back then a lower level judge
Signs all these executive orders to
Thomas Jefferson establishes the Judiciary Act of 1802—the new judiciary act of 1789
This unwinds all the appointments of Madison, which Marburry didn’t receive—this was signed and he never obtained it
“Midnight Judges”
These judges were looked at the midnight judges that were established by Adams
Was it a valid appointment?
ARTICLE 3 OF THE CONSTITUTIONS
Tells judges what they can hear—cases between states and ambassadors
Superior court is the highest trial court
Supreme court is the appellate course
Marbury brought his case to the
Issue
Rule
Application
Conclusion
IRAC is how you brief cases—I section is where you give facts
Issue does the court have the authority have the authority to rule over this case—article 3
Application this is what the supreme court
Conclusion what we got was judicial review—any appointments made can be looked at by the supreme court—the ability of the court system (their check to the balance) this is a valid law or no this isn’t a valid law—this is the supreme court giving itself more power than it does
Judicial branch having the authority to throw out laws upon the base of constitutional
All the cases we are looking at are appeals court cases
To overrule the judicial the congress both houses need ¾ vote
Congress has a way to give Supreme Court to hear cases directly and
On test: judicial review from
The Supreme Court justices:
Chief Justice John G. Roberts Jr.
Justice Clarence Thomas
Justice Anthony M. Kennedy
Justice Ruth Bader Ginsburg
Justice Stephen G. Breyer
Justice Samuel Anthony Alito Jr.
Justice Sonia Sotomayor
Justice Elena Kagan
Bill of Rights will be on the exam
Tort is civil (you seeking something from someone else)
Battery—criminally and civilly be sued
Civil people seeking retribution from another person
Criminal the criminal side of it
Civil: a person seeking something from another person
Criminal: retribution by a grieved society
Different Torts: things people sue for
Torts:
Negligence
Negligence the largest thing that person sues for
Negligence the failure to use reasonable care (failure to take reasonable care that resulted in damages)
Negligence has elements:
Someone owes a duty to someone else; someone breached that duty; and that breach of duty caused damages
Duty
Breached
Causation
Stare Decisis: precedent, the principle that has been established by prior court rulings that is upheld if the court decisions to follow
Laws and interpretations of laws are created from prior legal cases and decisions and judges are obligated to respect the precedent
Duty: doctor patient, landlord tenant, parent child
Breached the violation of the duty
Causation comes in two forms
You are the actual cause (you did it)
You are the proximate cause (you didn’t exercise reasonable care)
When suing someone you are looking for a deep pocket
Strict Liability—something is so obviously dangerous that if someone gets hurt you are liable
Strict Liability –ON THE TEST
Liability is presumed—the presumption is yours to defend is strict liability
You need to defend that what they did is within the boundaries of the law—shifting the decision to the plaintiff if you are defending
Negligence “per se”
It is the law
If you violate the law or a policy it is presumed that you are negligent
If you are following the law vs. obstruction of the law
Criminal Law
Common law
Assault and Battery
Assault putting someone in the immediate apprehension of physical harm
Assault needs to be aware
Battery the unlawful touching
Assault and batter exists on both sides of the law
Robbery and Burglary
Robbed and burglary ONT THE TEST
Burglary is a crime against property
Robbery his a crime against a person
Burglary: the unlawful entry into the dwelling of another with the intent to commit a larceny or a felony there in
Walking into a house that doesn’t just include just residences (if you were to leave your door open then that would be a violation in the old common law—but the modern conception would be that burglary occurred without the need to manipulate anything to get in)
Burglary would look into the if the person had the intent to commit a felony
Burglary the intent is the necessity to
Robbery: the unlawful taking of an item from another by force or fear
Threatening a person would be robbery
If you touch a person then it would be robbery
Leaving burglary or theft into robbery
Homicide
Homicide: unlawful of a human being with malice and forethought
If you were engaged in a felony and a person dies then it is felony murder
If you were engaged in a felony that resulted in death then you were engaged in murder
False Pretenses
Misrepresentation with the material fact with the intent to defraud
Material Fact is the complicated part
The intention to fraud with using the misrepresentation of the facts
Material fact: something that a reasonable person would take into consideration before entering a transaction
The deeper definitions and elements would be our essays or short answers in the exam
Bill of Rights
All the laws we look into will take into consideration and expand
Speech, religion, press, and assembly
Right to practice religion and the establishment clause
Well regulated militia The Right to Bear Arms
No Quartering Act—cannot be forced by troops to let them live in your home
Freedom from unnecessary search and seizure
Due Process Clause
Impartial judge
Freedom from self-incrimination
Double jeopardy
Right to speedy trial and right to counsel
Trial by jury in civil cases
No excessive bail and cruel and unusual punishment
These rights do not deny other rights—they are not exclusive
Rights that are not reserved by the federal government here are reserved by the states
Example medical marijuana
Everything that the federal government doesn’t have then the states have it
States sovereignty
Government center in Orange County and there are not a lot of homeless services available
The center is both the federal
Service providers are coming out there to provide services for people
This has become a de facto homeless center
Argument: it all has to go and come up with a better argument
Negative: keep it all the same
Health and safety
Santa Ana Homelessness Issue
Emergency Shelter
Housing Authority—how do you guarantee that a person can have public housing
Public Housing is where the government owns the housing NYC has 180,000 public housing buildings
County Housing
Wet Housing: here’s a roof and then we’ll treat you—the NIMBYism with services and shelter not in their housing areas
Wanting to have housing for addicts and alcoholics without providing the help
The issue with veteran’s having housing issues—how they were discharged
Removing the honorable discharge portion of the requirements so that they can be helped with housing as well
How to deal with the housing issue with homelessness and this will be reviewed when we are looking at the basic civil rights that should and could exist
Lecture Notes 6 September 2016 Week 2
Midterm: 50 multiple choice, true false, and short answer open ended questions
At the end of it he will hand us a bonus piece that we can choose to do and after turning in the exam can use my laptop
Brief Presentation
New York Times Co vs. Sullivan
Sullivan’s worry about future implications about the article (ADVERTISEMENT) and with the recent issues with civil rights movement and Martin Luther King Jr
His case didn’t require him to show how he was harmed directly (Alabama’s Law)—Difference between punitive damages and general damages are not necessary to differentiate between in the two when entering the case and verdict (libelous per se)
14th Amendment due process clause applies the Bill of Rights to the states
Terminiello v. Chicago 337 U.S. 1, 4
De Jonge v. Oregon 299 U.S. 353
DEFINITION FROM SULLIVAN FOR TEST: “actual malice—a knowing or reckless disregard for the truth
Expanded to recklessly collected information now includes checking your sources must have some “journalistic integrity” to be protected behind Sullivan
History goes back to those coming over here to have a voice and not be suppressed by the government
Government saying what you can and can’t say is a violation of the 1st amendment and the concept of “political correctness”
Not having a state run news agency—the importance of having the press (freedom) to be the voice of the people
SPEECH NOT PROTECTED: Defamation—a false statement about another person that is published to a 3rd party (libel vs. slander)
TRUTH THE ABSOLUTE DEFENSE TO DEFAMATION
Freedom of Speech
Government can’t force you to speak or say something
Art work expression
People stop it not the government
In Class Activity
Colin Kaepernick’s explanation of why he sat during the National Anthem
Defense:
First Amendment right
How many others don’t pay attention during the National Anthem
Exercising his constitutional rights (supported by the President)
IRAC—fundamentally understand the issue and do the reading not so much on the format
NTY vs. US
NEAR vs. Minnesota
No prior restraint unless certain (3) cases
ON TEST—GIDEON VS WAINWRIGHT (CIVIL GIDEON)
Week 3 Lecture notes 13 September 2016
Freedom of Speech and Freedom of the Press
Speech will mean media for the sake of the press—any way that someone communicates in a mass operation
Freedoms protected by the Constitution and Freedoms not protected by the Constitution
New York Times Co v Sullivan
Law suit on the base of libel for defamation
Needing the malice
Limited Issue Public Official—a public issue for limited issue
Public official known off of one thing
The slander for defamation with a limited issue public official has to be a suit based upon what they are known for then malice needs to be proved
Example suing for fraudulent taxes to Warren Buffet and being known for finances—then he has to prove “actual malice” if he were to sue for slander
Free Speech is speech without restraint
However looking at what the exceptions are in free speech
NEAR v Minnesota
Jay M Near publishes a newspaper anti everything
A criminal case
“Injunctions” against him for “public nuisance”
Publishes an article on a local mobster
Near began his defense mounted upon the First Amendment
Rule: you can’t restrict things like this (near’s hate Sunday paper) just because you don’t like what it says
Prior Restraint is not valid—you can’t censor newspapers
Crucial military publication, anything obscene, and anything that would incite actionable acts of violence
New York Times Co v United States
The publication of the Pentagon Papers in 1971 and to enjoin the newspapers
Whitney v California
Constitution does not protect when a person is to incite the over throwing of the government
Schenck v US and Brandenburg v Ohio and What is on the Exam
Know what the rule was for Schenck: clear and present danger
Know what the rule was for Brandenburg: imminent lawlessness
Know which one came first (California is an exception with needing to point out a specific action in order to be considered as “imminent lawless action”)
(Abrams v US and Dennis v US Whitney v California Schenck v US Gitlow v US)
CSPAN video: www.cspan.org/video/?323
The Freedom of Speech Talk
Institute for Public Accuracy
National Press Club
Myron Belkind
The support for Mr. Rysen(?) the national press club gave him the freedom of the speech award in 2012
The government’s attempts to block the reporting of the actions in Ferguson, MO
Norman Solomon RootsAction.org and Co-Founder & Institute for Public Accuracy Executive Director
The attempts of the government to stop the press from publishing the acts of the government with surveillance, giving Iran faulty nuclear, and Botnet etc.
The “freezing effect” now no longer a “chilling effect”
Now it is stopped
To President Obama and Halter, your effort to compel new york times reporter james risen to reveal his resources is an assault on the freedom of press we urge you in the strongest terms to halt action on risen and to safeguard the freedom of the speech and for journalists to uphold defending their sources identity
Organizing the actions against the press and mobilizing an attempt to educate the public with what is going on with the attempts and current political pressures to stop the press
The collision between an administration that “talks good and does bad” and mobilize a citizenry to understand what is at stake
Culmination of one phase of that and the initiation of the next
To “lance that boil of fear and intimidation” that affects the actions of the press and the willingness to publish
The efforts to prevent the government from future and current actions to threaten the publication
Enactment of t a meaningful “shield law” that the media is separate from the government and that they are needed and their independence is necessary to hold the government accountable for their actions
Subpoenas for the press
Journalist shield laws that have been presented in the Congress
Not saying that the press is above the law and above the judicial branch but that a sense of independence is necessary
Gregg Leslie
Reporters committee for Freedom of the Press and Legal Defense Director & Attorney
The massive subpoena of the AP phone record in the search for a CIA operator
The Fox News Reporter’s email account breached accused of an espionage charge by asking a government employee about/for information
Making greater notification for journalist before their third party communications were looked at; making it more difficult to the prosecutor but it helps keep the government more accountable
Reporter’s privilege of not needing to disclose their sources similar to those of a spouse and doctor and the necessity to provide the shield laws for the press
Congress needs a meaningful shield and the government’s accountability to the people are held by watchdogs there needs to be something enacted of their powers to stop this pressure and there is a necessity for reporters
Whistle blowers are needed for the government and for the reporters as sources there is a need for protection of whistleblowers and the communications between the reporter and the whistle blowers
James Risen has refused to name a source for information about a CIA operation in Iran that appeared in his book “State of War”
The Obama administration has pursued 8 cases under the Espionage Act the Committee to Protect Journalists
Courtney Radsch: committee to Protect Journalists Advocacy Director
Leak investigations and surveillance revelations have made government officials fearful of reporting and acting as a whistle blower
Journalists more broadly has a serious chilling or freezing effect on the press
Without the backing of a large media outlet with a large team of lawyers then those individual reporters are even more fearful of the reporting of what the government is doing
Looking at National Security and Anti-State Charges as a cover to suppress journalists—subversion or terrorism is the anti-state charges
The subversion or terrorism as the source of or charge against journalists as Anti-State charge
This is a higher degree of the past charges of defamation or libel
It is difficult to go abroad and advocate on behalf of freedom when these same freedoms are abridged at home
Government to uphold the Constitution and democratic principles upon which the society is built and the ensure the functioning of the democratic process in which the freedom of the speech is a crucial role
Delphine Halgand: Reporters Without Borders
Measures the freedom of information in 186 countries and the freedom that reporters, bloggers, and others enjoy
US holds the 46th position on this index
No true freedom of the press or speech if whistleblowers are not upheld
Crackdown on whistleblowers can be said to restrict all not approved information of the government by the press
Reporters without borders are defending and assisting news providers all around the world
Phil Donahue the issues with that come with corporate media (former talk show host) you need to have the availability of larger numbers of people to create a middle where the real news can be found
5 MNC’s are now controlling the media or the middle mainstream media has a lot to report and a lot to be ashamed of due to no longer be righting back
No longer
New york times reporter james risen was subpoenaed to testify at the trial of a former CIA operation
Risen has refused to reveal his source—taking advantage of his first amendment right
This is an issue of not necessarily the threat to security but the embarrassment of the administration
James Risen, New York Times journalist and author “State of War”
About not just him but some basic issues that affect all journalists and all Americans
The Justice Department in the Obama Administration were the ones who turned this into a fundamental fight against press freedom in their appeal to the 4th circuit claiming the fundamental thing this case is about is that there is no such thing as a reporter’s privilege thus turning this case into a show down of the first amendment and the freedom of the press granted by the US and the Constitution
The fundamental question of the freedom of the press and the freedoms that are given to the press that are now being suppressed by the administration under the guise of national security, espionage, and terrorism
Ahmed ghappour university of California hastings school of law serves as outside counsel for the Freedom of the Press Foundation
How does the First Amendment and the Freedom of the Press survive in a Post-9/11 age? That is all the same issue now—this is the central or core question that is being addressed
The subpoena to reveal his source expired during the Bush administration and was renewed in the Obama Administration the harassment that Risen has experienced during both administrations (public and private efforts) to harass him that started in the Bush Administration
The statements issued by Pulitzer Prize winners—rootsaction.org and it is a vendetta against the press
Company Man book by former CIA director
The political nature by the Justice Department on this issue
Career Washington v. Political Washington
FBI and NSA act as career Washington and post 9/11 they have had more power to investigate, track, and find information
There is a need for the large wide ground support
Policy by the Justice Department of what they will do when issuing
The hesitation of the AUSA to get permission from the attorney general and Washington
Rather than the AUSA that can subpoena anyone and investigate anyone
Testable Items: laws designed to protect reporters and their sources are called “Shield Laws” just know what shield laws are and know the subject matter
Exclusions to Speech:
Obscenity is NOT protected speech in 1920 that could have been anything outside the societal expected norm
Whether or not obscenity is protected ends in CA
Jacob Ellis v Ohio—Ellis wanted to show a semi-sexual scene in his movie and that is banned in Ohio by law and by showing the moving
Justice Potter Stewart “Doesn’t know what obscenity is but he knows it when he sees it”—an explanation by the Supreme Court to explicitly identify what obscenity is—TEST
Marvin Miller—had a magazine that was mailed with sexual images and the magazine went to a family restaurant in new port beach and he was arrested and goes to the
Miller v. California—the Miller Test came out of this by the Supreme Court and obscenity needs to meet all three standards
Whether the average person, applying contemporary community standards, would find that the work taken as a whole, appeals to prurient interests;
Whether the work depicts or describes, in an offensive way, sexual conduct or excretory functions, specifically defined by applicable state law; and
Whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value
Stage One: cannot ever be overcome
EXCEPTION with the New York case with the child pornography laws
Ferber rule—if the person is not underage then the person is not in violation of child porn laws
ON THE TEST: Miller Test and New York v Ferber
Miller Test is on the test WORD FOR WORD
Know the child pornography case example question “what was the effect of the New York v Ferber ruling” it found that child pornography explicitly lacked any societal interest and was not protected by the First Amendment
Need to know that child pornography is NOT protected and that the First Amendment will not help you here
Intellectual Property: knowing what this concept is which is encompasses the three big parts of the intellectual property
Trademark: what identifies you
Example—coca-cola creates a song for the super bowl and their trademark is that they are the cursive large Coca-Cola
Going to the US PTO to file for it after you have already established it—once you have a trademark a little r after it you had to have filed with the US Patent and Trade Office once you get the trademark you get this symbol ®
Copyright: something that you create
Examples—a song, a book, a speech, a haiku, a facebook status
When you have it you can put a little c at the end of it
File a copyright when you need to prove that you created this and that it is your intellectual property before you go file ©
Patent: a novel idea for an actual process
Example—a new way to do something, to make something, a new gear in an engine, a new type of engine, a new type of water ball
Poor man’s patent when mailing a description to yourself and open it then it doesn’t mean anything
Filing a patent application part of the process when you submit the patent—hire an engineer and they pull apart every single piece and then put it back together in the manner which is your idea and you need to compare it with every other patent to determine whether or not anything is similar to this ℗
Most patents are either rejected or abandoned
In the book there is a significant amount on privacy: Roe v Wade
It is included under our privacy argument because that is how the judges looked at the case by looking at our constitution and extending our right
Privacy issue the sensitivity
Conglomerated case a build up of 18 years of cases that resulted in Roe v Wade
The Supreme Court found that there was an “inferred right to privacy in the US Constitution”
The Supreme Court recognized the inferred right to privacy and the California Court confirmed it
In class: Edward Snowden
Freedom of Speech and Prior Restraint
Week 4 Lecture Notes 20 September 2016
Federal Law Government Policy Alexander S. Balkin, Esq.
Bio
Command inspector general: Naval Supply Systems Command—Fleet Logistics Center San Diego
IG (investigating government watchdog)
Previous Experience
U.S. Nuclear Regulatory Commission (Fiscal Policy/Rulemaking/Strategic Planning)
Department of Defense (Acquisition Policy)
U.S. House of Representatives (CA-46 Dana Rohrabacher)
Publications
When it comes to presidential candidates you reap what you sow the hill.com july 22,2016
Lecture Roadmap
Brief overview of Federal Government structure and purpose
Difference between law & regulation
How to find/research federal regulations
Considerations in lawmaking
Considerations in rulemaking
Practical application
Part II: Presidential Electoral Procedure
The Basics
What is the basic form of the American government?
Democracy? Yes
Republic? Yes
Representative Democracy
Form of government
In additional to being a representative democracy the United States is also constitutional democracy and the US is therefore also a constitutional republic indeed, the united states might be labeled a constitutional federal representative democracy but where one word is used with all the over simplication that this necessary entails democracy and republic both work
Basics
Branches of the government and their functions
Legislative branch
Creation of laws (in theory)
Judicial
Interpretation of the law
Executive
Execution of laws
Executive level agencies—creation of the President in order to carry out the law
What is law
Law a system of rules that a particular country or community recognizes as regulating the actions of its members and may enforce by the imposition of penalties
Where does law come from?
Sources of American law
Constitution: Foundation document (delegates authority to create other laws)
Whether or not an agency or individual has the authority to do something
Statute/Act: Laws enacted by the legislature
Case Law: Organic creation of law through judicial interpretation (Common Law)
Created through judicial interpretation the natural one that comes about
Administrative law (law-ish): Regulations created by Federal agencies/entities
The president uses his power to delegate laws created by congress that his agencies will carry out
Where is Administrative Law in the process?
Constitution: Established the form of government and delegates authority to the branches
Legislature: Create (generally) high level/broad U.S.C.
Executive
Code of Federal Regulations C.F.R. created bythe federal agencies/entities when they create administrative law
What are regulations
Administrative law
Rules and administrative codes issued by governmental agencies to enforce/execute/carry out laws although tye are not laws regulations have the force of law since they are adopted under authority granted by statutes and often include pentalites for violations
Regulations c
Come from the executive branch this is what we mean when we discuss federal law
Examples of Law
42 U.S.C. §
Law: atomic energy act of 1954 says…regulate domestic nuclear reactors
Regulation: PART 170-FEES FOR FACILITIES MATERIALS, IMPORT, AND EXPORT LICENSES, AND OTHER REGULATORY SERVICES UNDER THE ATOMIC ENERGY ACT OF 1954 AS AMENDED
Law high level regulation very tailored to a situation
Considerations: Law Making
“Law like sausages cease to inspire respect in proportion as we know how they are made”
John Godfrey Saxe
Q: Why is lawmaking so terrible to witness?
HINT: Incentives
Rulemaking: the process through which federal agencies go through in order to make regulations
Administrative Procedure Act
Requires agencies to
Keep the public informed of their organization, procedures and rules
Provide for public participation in the rulemaking process
Establish uniform standards for the conduct of formal rulemaking and adjudication
Define the scope of judicial review
UNITED STATES CODE: the following provisions in the electoral college
Electoral college is a process not a place
538 electors total of all the members of congress
Fat Leonard fraud scandal
The Power Point he presented will be put online on Blackboard
Midterm
Example for briefing the case
Sample Answer being asked by a district attorney for a filing determination
The sample answer format should meet the same format as the question
Burglary
The first issue is whether Doe committed the crime of burglary.
(Rule)
Burlary is unlawful entry into the dwelling of another, with the intent to commit a larceny or felony therein.
Intent to Commit a Larceny or Felony—this fails because there isn’t any
Unlawful taking: in the instant matter, doe did take a case of beer without paying for it, amounting to an unlawful taking
By force or fear (this our conclusion and choose a position here)
Do took the case of beer after being refused the opportunity
Discuss all the points where he will be charged with not just one (everything he wrote is abbreviated in the online example—use his sample as a rule guide not road map
Analysis is each point below then we are going to be doing our analysis and that is where we are getting our points
Issue: next is the matter of filing a battery charge
The common law (penal code)
Battery is the unlawful offensive touching or contact with another
Using the facts in the instant matter, there is no allegation that any contact was made between Doe and the store clerk, as such this crime will not attach
Looking at all this and seeing then how each would attach—Doe can only be likely charged with theft due to the facts supporting every point with theft
Our test next week will most likely be CRIMES
Our final will be TORTS
This first time writing a test like this (the issue brief) will be extra credit and the final will be more difficult
Locate the Issue
Writing the Correct Rule
Analysis is where we get the largest share of the points—this is where we get our logical inference
Application of the facts and law into a real life situation
Having it broken up like this on the test will be the easiest instead of having it all in one bulk
BRING A SCANTRON for the multiple choice
Short answer just write on the test it wont be too long
The extra credit can be just typed or written separately as long as it is handed to him before we leave
All employment rights are based upon American civil rights
Miranda Rights will be on the test
Fails to talk about the act of coercion
If you have an attorney and your rights have been read to you then your confession will stand—unless coercion is used for example standing over you not giving you water or letting you use the restroom
A ruse is absolutely allowed
Miranda has the protection of you knowing your rights
Due Process—before anything is taken from you have these certain rights
He reframes the argument for the state with finding the
Katesenbach v
With the civil rights movement
Looking at this one restaurant that
Article 1 Section 8 clause 3
The state before this created a negative commerce clause a dormant commerce clause
Congress saying No
All these restaurants doing this and these restaurants in a collective bucket by looking at them all together are probably getting their meat out of state—interstate commerce clause
Took their federal rules and used the commerce clause and that was the basis for Congress to create rules for employees
Biggest way the commerce clause is setting a tenant or case in the law is the due process clause
Before the government can take something from you—you have a right to be heard
When you are working at one of these agencies by you working there you have a vested right in something
You having your employment (any government employers) your due process rights have to be followed
ON TEST: PRIVATE EMPLOYERS THE STATE’S POLICE POWERS
States apply a version of the federal employee discrimination and employee rights as they apply to the state—this is the best way for them to take the federal level laws and apply them to the state
“At will” employers—you are hired and fired without due process
Contract: the collective bargaining agreement it is the employers granting the due process right
ON THE TEST AND CAN GOOGLE
UNDER FEDERAL LAW EMPLOYERS CANNOT DISCRIMINATE UNDER THESE TENANTS: RACE
SEX
PREGNANCY
RELIGION
NATIONAL ORIGIN
DISABILITY
AGE
MILITARY SERVICE OR AFFILIATION
BANKRUPTCY OR DEBT OR STATUS
GENETIC INFORMATION
CITIZENSHIP
Fourth Amendment equal protection clause with due process and the fifth amendment will be your back up to your equal protection clause
Title 7 is what created the employment portion as to how it applied to civil rights
Arguing the commerce clause is how they expanded it and used as their basis
Standards in each law
Age Discrimination and Employment Act 1978
If you have more 20 workers at the office then you cannot discriminate on age with people over 40 AGE 40—LOOKING FOR THIS ON THE TEST
Rehabilitation Act of 1973
Most important thing is the protection for people with disabilities Section 504
In Section 504 of this act: requires reasonable accommodations ON THE TEST
Section 504 applies to anybody who gets federal money
Cities federal authorities housing departments universities schools if you get a federal grant or federal money then section 504 applies
Reasonable accommodation: for those who are
In California if you are doing 70% of upgrades to a building (of its value) in renovations then you have to do all the ADA updates
Reasonable accommodation: an alteration of policy to accommodate a disability
Anyone who gets federal money then has to pay attention to Section 504
Reasonable request
Nexus is there a nexus for it—somebody has to certify that it is reasonable that they have something and that what they are asking for is reasonable
Disability
Connected
This is what the nexus shows
Fundamentally Alter our policies or operations
This grants the big part—if you get federal money then you have to comply with Section 504—they give a very narrow idea of accommodations where as ADA gives more definition
Anybody with help, treats, or deals with this then they can provide the nexus and can certify this
American’s with Disabilities Act ADA
Two separate distinct laws
Requires reasonable accommodations
Requires architectural changes and making everything accessible
This is the blanket
Gives us: A DISABILITY IS A MENTAL OR PHYSICAL HEALTH CONDITION THAT SUBSTANTIALLY LIMITS ONE OR MORE LIFE ACTIVITIES (on the test)
Applies to everybody for all intensive purposes but it defines what a disability is vs Section 504 just requires federal money
Employment litigation
If you are going to work with the government
Sexual harassment training, discriminate based upon race
If you did do that or if they alleged that you did then they have to get from the Department of
You need to make a claim directly to that government agency a letter that says you fired me because of this and I want damages need to do this within 6 months of injury—California a Request for Damages within 6 months of injury
If they departments says that they will not give you anything then you will sue them
If the dollar gets one dollar in fines or penalties then the defendant has to pay every single dime that they incurred
If someone has a pension then the damages are through the roof
Test question: an employer says that an employee cannot have their wheelchair in the office then you would sue under both Section 504 and ADA
