Law Exam

Law Exam 1

MPPA Program

(11-Week On Campus)


PA 598

Law and Policy

Winter Term 2016



COURSE TYPE:

The majority of professor-led contact hours take place in a traditional classroom. The overall nature of the course is “traditional”, although required Blackboard components have also been included.



Instructor Information:


Law Exam 2

Name: CHRISTOPHER L. BECK, ESQ.

Phone Number(s): (661) 406-5581

Office Location: Swenson Center, 239

Office Hours: PROFESSOR IS AVAILABLE PRIOR TO EACH CLASS SESSION; REQUEST APPOINTMENT FOR OTHER TIMES/DATES

Email: [email protected]







Time / Place:

  • Term Dates: November 21, 2016 – February 16, 2016

  • Weekly Class Meeting: Tuesday, 7 pm – 10 pm

  • Classroom: Humanities, 112

  • Last Day to Add: Monday, December 5, 2016

  • Last Day to Drop (without a “w” or financial penalty): Monday, December 5, 2016

  • Last Day to Withdraw (without academic penalty): Tuesday, January 17, 2017






Required textbook/ReadingS:

The required textbook for this course is:

Author(s):

Epstein & Walker

Text Title

Constitutional Law for a Changing America; Rights, Liberties, and Justice

Year of publication:

2016

Edition:

9th

Publisher:

SAGE

ISBN Number:

978-1-4833-8401-6



Course Description:


An analysis of the impact of court and legislative decisions on public policy, with particular emphasis on public institutions; examining how public policy is shaped by law. Topics include: employment discrimination, managerial liability for negligence in hiring, training, supervision, etc., civil rights violations, employee rights in the workplace, and more.

http://catalog.callutheran.edu/grad/schoolofmanagement/publicpolicyadmin/


PREREQUISITES:

None



TECHNOLOGY REQUIREMENTS:

Cal Lutheran utilizes Blackboard to enhance course learning and achieve the designated student learning outcomes.  Technology requirements for the Blackboard Learn and Collaborate are as follow:

  • Check your OS and Java version here, and enter into the Configuration Room to make sure you can get into Blackboard Collaborate or enter the following in your browser:

  http://support.blackboardcollaborate.com/ics/support/default.asp?deptID=8336

  • Minimum computer requirements:

    • Memory: 4 GB RAM or higher

    • Hard Drive: 10% or more free space on your hard drive

  • Broadband connection highly recommended – DSL or above

  • Program(s) that can open Microsoft Office documents and PDFs (e.g. .doc, docx, .ppt, .pptx, .pdf, etc.)



LEARNING Outcomes:

The MPPA Program at California Lutheran University’s School of Management has been designed to achieve a total of nine learning outcomes. While each course alone, including this present one, teaches only towards a subset of those nine outcomes, all of them will be accomplished by students upon successful completion of their program.

  1. FUNDAMENTALS: Graduates of the School of Management are equipped with knowledge of the essential concepts and tools in their professional field, as well as the ability to relate and apply theoretical concepts into practical situations both within their discipline and across disciplines.


  1. PLANNING AND ORGANIZATION: Graduates of the School of Management have the ability to plan, organize, direct and control effectively in contemporary organizations.


  1. INDIVIDUAL COMPETENCIES: Graduates of the School of Management have individual competencies related to critical and creative thinking, integrity and ethical judgment, and the ability to function in a complex and demanding professional environment.


  1. INTERPERSONAL COMPETENCIES: Graduates of the School of Management have interpersonal competencies related to effective and appropriate communication and collaboration that support and enhance their individual and organizational effectiveness.


  1. GLOBAL ENVIRONMENT: Graduates of the School of Management have a sound understanding of the global environment and its importance to organizational effectiveness, as well as the ability to successfully operate in an international context.


  1. LEADERSHIP AND CHANGE: Graduates of the School of Management are able to demonstrate effective and principled leadership including the ability to influence organizations in complex and changing environments.


  1. PUBLIC MANAGEMENT SKILLS: Graduates of the Master of Public Policy and Administration have knowledge of project management, evaluation of policy alternatives, collaboration, communication and team building, which allow them to effectively work with communities, policy makers and other stakeholders on a wide range of policy issues.

  2. ETHICS: Graduates of the Master of Public Policy and Administration are able to evaluate and apply ethical values to policy practice.

  3. RESEARCH AND POLICY ANALYSIS: Graduates of the Master of Public Policy and Administration are able to conduct research and apply relevant analysis to public administration and policy.


Information on which learning outcomes are addressed in this course can be found in the section on “Assessments and Learning Outcomes” below.



Didactic Approach: This course rests on several components – self-study, lectures, interaction, as well as practice and application:


  • Self-Study

    • Preparation in self-study by students before lecture to become familiar with new material and to stimulate thinking, generate ideas and questions.

  • Lecture

    • Presentation of topics in class by instructor using PowerPoint slides.

  • Student-Instructor Interaction

    • Discussion of selected questions, finding of examples, answering of questions etc. in the weekly live-chat.

    • Asynchronous, instructor-facilitated discussion of relevant topics on discussion boards.

    • Direct interaction between student and instructor.

  • Practice and Application

    • Preparation of short assignments by students before class.

    • Participation in discussion boards.

    • Deepening of concepts in discussion.

    • Final exam and essay / presentation on a selected topic.



ASSESSMENT and grading:

Assessment in this course is based on multiple elements. Each form of assessment addresses different (sometimes multiple) learning outcomes and each form of assessment requires a different set of knowledge, skills and abilities:



Attendance:

All students are expected to abide by the class attendance policy set forth by the instructor in each class in accordance with the policies set forth by the School of Management. Attendance at the first class meeting is mandatory unless properly excused by the class instructor. Students who do not attend the first class meeting of a course for which they are registered may be dropped from the course by the academic program that offers the course. This policy applies to all levels/types of courses (i.e., foundation, core, electives, etc.) and to all study centers. It remains the student’s responsibility to verify course drops dates to avoid academic and financial penalties.

Students may miss a maximum of three weekly class meetings. Attendance of less than 75% will be considered as insufficient. Failure to meet the individual course attendance requirements may result in a grade of F. When possible, students also must provide advance notice of absences, as well as relevant documentation regarding absences, to the instructor as soon as possible following the illness or event that led to the absence. Any arrangement to make up work because of class absence is the responsibility of the student. The instructor, who will explain the evaluation (grading) statement at the beginning of the term, determines the effect of absences upon grades.

Details on grading standards for each form of assessment can be obtained from the following grading rubric:


Participation


Student Achievement

Below Average

Average

Above Average

Outstanding

Class Participation


Students do not participate actively in class and even when directed do not contribute to class substantively. The grade percentage range for this level is 0%-73.9%

Students are largely passive during the class, but do provide informed responses to questions when asked. Or, students are pro-active, but do not provide contributions of essential value. The grade percentage range for this level is 74-83.9%

Students speak frequently during the class without the need for the instructor to stimulate their participation. Their contributions are of acceptable value, but largely generic. The grade percentage range for this level is 84-93.9%

Students are very active during the class. They ask questions or make comments that help clarify and synthesize discussion, relate their ideas or experiences to the topic at hand, contribute examples that are relevant, acknowledge and extend the ideas of others and relate content from class materials, readings and experiences to the discussions. The grade percentage range for this level is 94-100%

Weekly Discussion Boards

Students fail to participate in the discussion board or merely attempt to fulfill the minimum, with short posts that lack substance. Any posts are generally made late on the last day of the week. The grade percentage range for this level is 0%-73.9%

Students largely restate the obvious, concur with other students’ opinions or simply repeat text from other sources used in the course. There is little to no effort to engage with classmates. Posts generally occur late in the week and all at once. The grade percentage range for this level is 74-83.9%

Students’ contributions are substantive and coherent, but they are isolated. Interaction with other classmates is about average or slightly above the average. Students posts tend to occur later in the week. The grade percentage range for this level is 84-93.9%

Students show initiative by initiating or stimulating a discussion with statements or further questions that are challenging and/or foster further dialogue. Contributions and responses to other students’ contributions are substantive and coherent. Student posts early and often during the week. The grade percentage range for this level is 94-100%








Assignments/Papers/Presentations:


Student Achievement

Below Average

Average

Above Average

Outstanding

Assignment/

Papers


Students do not follow the instructions for the assignment and/or are not or not sufficiently capable of presenting their ideas in a concise, coherent, relevant and insightful manner. The grade percentage range for this level is 0%-73.9%

Students largely follow the instructions for the assignment. Their comprehension of the assignment is not complete. Their work shows considerable room for improvement concerning coherence, conciseness, relevance, and insightfulness. The grade percentage range for this level is 74-83.9%


Students closely follow the instructions for this assignment. They demonstrate comprehension of the assignment. Their work shows some room for improvement concerning coherence, conciseness, relevance and insightfulness. The grade percentage range for this level is 84-93.9%

Students closely follow the instructions for the assignment. They not only clearly demonstrate comprehension of the assignment, but they also display flawless coherence, conciseness, relevance and insightfulness. The grade percentage range for this level is 94-100%


Presentation

Students do not sufficiently follow the instructions for the presentation and/or are not or not sufficiently capable of describing the concept at hand in a concise, relevant, rigorous and coherent manner. There is limited or insufficient use of the knowledge base from the course. The grade percentage range for this level is 0%-73.9%

Students closely follow the instructions for the final presentation. Their comprehension of the concept at hand is not complete, and they fail to critically evaluate it. Slides lack clarity and/or oral presentation shows considerable room for improvement. There is somewhat limited or insufficient use of the knowledge base from the course. The grade percentage range for this level is 74-83.9%

Students closely follow the final presentation for this assignment. They demonstrate deep comprehension of the concept at hand but fail to fully evaluate it in a structured and critical manner. There’s some lack of clarity in the slides and and/or some room for improvement of the oral presentation. There is good, but not perfect use of the knowledge base from the course. The grade percentage range for this level is 84-93.9%

Students closely follow the instructions for this assignment. They not only clearly demonstrate comprehension of the concept at hand but are also capable of critically evaluating it. Their slides and their oral presentation have definite clarity. There is good, close to perfect use of the knowledge base from the course. The grade percentage range for this level is 94-100%


ASSESSMENTS AND LEARNING OUTCOMES:


The following table provides information on how various forms of assessment contribute to these 9 student learning outcomes:


1. Fundamentals

6. Leadership and Change

2. Planning and Organization

7. Public Management Skills

3. Individual Competencies

8. Ethics

4. Interpersonal Competencies

9. Research and Policy Analysis

5. Global Environment



The following learning objectives are addressed by each form of assessment used in the course:


Form of Assessment

Student Learning Outcomes

1

2

3

4

5

6

7

8

9

Attendance

X

X

X

X

X

X

X

X

X

Participation

X

X

X

X

X

X

X

X

X

Assignments/Papers/Presentation

X

X

X

X

X

X

X

X

X



OVERVIEW AND SCHEDULE OF TOPICS AND ACTIVITIES:

Session

Date
Readings

Topics

Assignments

1

11-22

Chapters 1,2, 3

Introductions, briefing a case, Stare Decisis, the Supreme Court, the Bill of Rights, Supremacy Clause, Federal Government, State Government


2

11-29

Chapter 5

Freedom of the Press and Freedom of Speech (Introduction to term paper)

Boundaries of Speech


Discussion Board – NY Times v. Sullivan, NY Times v. US

3

12-6

Chapter 7,8, 10

California Civil Procedure

California – Landlord/Tenant

Discussion Board, Brandenburg v. Ohio, Schenck v. US

4

12-13

Section IV. Civil Rights, Chapter 13

Civil Rights, Employee Rights, Commerce Clause, Discrimination, Negligence in Hiring, Vicarious Liability – Respondeat Superior

REVIEW

Discussion Board, Gideon v. Wainwright, Miranda v. Arizona, Katzenbach v. McClung

5

1-3-17

None

Midterm

RLUIPA Posting

6

1-10-17

Chapter 4

Freedom of Religion, RLUIPA,

California – Brown Act

Local RLUIPA cases

Discussion Board, St. John’s United Church of Christ v. City of Chicago, Faith Temple Church v. Town of Brighton

7

1-17-17

None - Speaker

Education Law and Policy,

California Civil Law – Family Law

Discussion Board, Brown v. Board of Education

8

1-24-17

Chapter 12

Right to Counsel – 5th v. 6th Amendment

Discussion Board, Crawford v. Washington, Davis v. Washington

9

1-31-17

Chapter 14

The people’s voice – voting rights, recent changes

REVIEW

Discussion Board, Shelby County v. Holder

10

2-7-17


FINAL PAPER AND PRESENTATION OF BILL


11

2-14-17

None

FINAL EXAM



*** NOTE: The assignment for each class is to be completed PRIOR to the class. For example, for the second class, students will need to have read and briefed NY Times v. Sullivan and NY Times v. US.



description of ACTIVITIES:


Grading of this course will consist of a midterm exam, a final exam, a term paper (to be discussed later), a presentation on the term paper, participation in class discussions, participation on online discussions, and attendance.


The midterm exam will be 50 questions and the final exam will be 50 questions. Each will include multiple choice and short essay questions.


The final paper will be the crafting of a policy or law based on one of the subjects we have learned for a country other than the United States of America. Students will include the following sections in their papers: 1) introduction to policy or law and purpose necessitating such 2) History and status quo in country or sovereignty 3) Proposed policy or law in detail 4) Procedure for adopting said law or policy 5) Anticipated reaction of voting populace or national population. There will be a strict 10-page limit for these papers with a font not exceeding 12 point in Courier New, double spaced. Papers may be turn in by the 6th class for pre-review by professor.


Online discussions are an opportunity for students to practice briefing cases from the reading. Cases will be assigned and links will be provided to cases to brief. Briefing these cases will provide the requisite information necessary for classroom discussion.



grading:

Grading in this class will be based on the following elements and the grading scale provided below:

Percentage

Grade


Activity

Points

>94%

A


Final Exam

100

90% to 94%

A-


Paper

100

87% to 89%

B+


Mid-Term Exam

100

84% to 86%

B


Discussion

50

80% to 83%

B-


Presentation of Case/Issue

100

77% to 79%

C+


Attendance and Participation

50

74% to 76%

C




70% to 73%

C-


TOTAL

500

67% to 69%

D+




64% to 66%

D




60% to 63%

D-




<60%

F






STUDENT WORKLOAD FOR THIS COURSE:

A detailed breakdown of time (1 hour = 50 minutes) and activities can be found from the following table:

Activity

Instructor-Led

Independent

Remarks

Weekly

Course

Weekly

Course


Reading of required textbooks and case law



3

33

The text reading is very issue and fact heavy, thus necessitating additional time and review to be property prepared for class.

Weekly classes

3

33




Discussion boards


10


20

Discussion boards will require extensive time to analyze, absorb and brief cases.

Paper




25


Presentation


2


15


TOTAL HOURS


45


93




Course policies:

  • sTUDENTS ARE REQUIRED TO ATTEND ALL COURSE SESSIONS AND TO COMPLETE ALL ASSIGNED READINGS AND ASSIGNMENTS.

  • sTUDENTS SHOULD COME TO CLASS ON TIME, PREPARED AND READY TO DISCUSS THE ISSUES OUTLINED IN THE READINGS.

  • ALL WRITTEN ASSIGNMENTS MUST BE SUBMITTED ON TIME, AND PROPER ATTENTION MUST BE GIVEN TO GRAMMAR, SPELLING AND THE USE OF APA CITATIONS AND FORMAT.

  • CELL PHONES ARE NOT TO BE USED IN THE CLASSROOM.

  • STUDENTS MAY USE LAPTOPS AND TABLETS IN THE CLASSROOM FOR TAKING NOTES AND DOING RESEARCH FOR PROJECTS IN THE CLASSROOM BUT NOT FOR DOING WORK REQUIRED TO PREPARE FOR A CLASS SESSION.

  • EMAIL IS THE PREFERRED WAY TO COMMUNICATE WITH THE INSTRUCTOR, BUT PLEASE USE THE GIVEN CELL NUMBER TO ADVISE YOUR INSTRUCTOR OF ANY EMERGENCIES.

  • ALL MATTERS REGARDING CONFIDENTIAL INFORMATION MUST TAKE PLACE IN PRIVATE – DO NOT USE THE BLACKBOARD TO RAISE ISSUES REGARDING GRADES OR ANY OTHER CONFIDENTIAL MATTERS, OR ASK SUCH QUESTIONS IN FRONT OF OTHER STUDENTS.

  • THE USE OF A WATER BOTTLE IS FINE IN THE CLASSROOM, BUT PLEASE RESTRICT OTHER FOOD/DRINK INTAKE TO PRIOR TO AND DURING CLASS BREAKS.



Course Evaluations:

All course evaluations are conducted online. Your feedback is important to us. You will receive an email message reminding you when the website is open for your feedback. The link is: http://courseval.callutheran.edu


ELECTRONIC DEVICE USE:

In many aspects of life, laptops, tablets and smartphones have become essential. Recent studies, however, have shown that the use of electronic devices in the classroom can have adverse effects on learning and academic performance – often to both the user and the students around him/her. The School of Management therefore strongly recommends not using any such devices unless they are required, or an explicit permission has been obtained from the instructor, the university or the program director.



Academic Integrity:

The educational programs at California Lutheran University’s School of Management are designed and dedicated to achieve academic excellence, honesty and integrity at every level of academic life.


This Policy and the Procedure for Reporting and Handling Violations of Academic Integrity in the School of Management are built upon the university’s framework, but are specific to the School of Management only. As stated in the Procedure For Reporting and Handling Violations of Academic Integrity in the School of Management, students and faculty share responsibility for maintaining high levels of scholarship and academic integrity. In the same manner, faculty and students share an obligation to report violations of academic integrity to their Program Director.


Our definition of academic dishonesty is ‘‘any behavior or act that implies intent to make someone believe what is not true, as giving a false appearance.’’ Since academic honesty is central to the academic enterprise, students and faculty must accept and respect the principle of acknowledging information, ideas and language that have been borrowed from someone else. Plagiarism (any failure to document sources), cheating, unethical use of technology, and facilitation of academic dishonesty are examples of such behaviors.


Any behavior or act that falls within the definition of academic dishonesty will meet with appropriate disciplinary remedies. Due to the serious nature of such offenses and resulting questions regarding student ethics, graduate programs within the School of Management may assign remedies including academic probation, suspension or dismissal from the university after a first offense with the approval of the Dean and Vice President for Academic Affairs. Remedies will be determined by reviewing each specific breach of academic honesty, the context of the breach and the nature of the breach.


university HARASSMENT Policy:

Be civil to each other, both on- and offline. For information on the University’s student harassment policy and rights, please go to the following link: Student Life Handbook




SEXUAL MISCONDUCT:

California Lutheran University does not tolerate any degree of sexual misconduct on or off-campus. We encourage you to report if you know of, or have been the victim of, sexual harassment, misconduct, and/or assault. If you report this to a faculty member, she or he must notify Cal Lutheran’s Title IX Coordinator about the basic facts of the incident. More information about your options for reporting can be found at: http://www.callutheran.edu/title-ix/

Pearson Library:

Pearson Library provides access to scholarly books, journals, ebooks, and databases of full text articles from scholarly journals. To begin using these materials, visit the library web page: http://www.callutheran.edu/iss/research/. To contact a librarian you can:

  • Chat on the Library’s home page

  • Email: [email protected]  

  • Phone: (805) 493-3250  

  • CLU’s satellite locations see http://www.callutheran.edu/iss/research/satellite.php  for the full range of services provided



CLU Writing Center:

The Writing Center provides writing consultations, in-person and online, with trained undergraduate and graduate writing consultants. We welcome all writing-related projects at any stage of the writing process across the diverse disciplines of study at CLU. The Writing Center also hosts writing workshops, provides in-class visits, facilitates writing groups, and offers a writer’s studio option for longer, sustained projects. Services suit writers of all levels, including traditional undergraduates, graduate students from all fields, all English language learners, and accomplished scholars alike. All members of the CLU community with a @callutheran.edu email address are welcome to make use of our services. For more information, please visit at www.callutheran.edu/writing_center or call (805) 493-3257. Please schedule appointments online through MyCLU Blackboard with the yellow “The Writing Center” icon in “Tools,” or stop by The Writing Center itself, located in the Darling Collaboration Suite of Pearson Library.



Veterans Resources:

If you are a veteran, military member, or a family member of a veteran or military member, please refer to Cal Lutheran’s Veterans Resources webpage for important information: http://www.callutheran.edu/veterans/ Also, if you are a veteran receiving benefits and you are struggling in a class, you most likely qualify for free tutoring. Please contact the Veterans Coordinator, Jenn Zimmerman, [email protected] or (805) 493-3648 for more information.

Disability Statement:

California Lutheran University is committed to providing reasonable accommodations in compliance with ADA of 1990 and Section 504 of the Rehabilitation Act of 1973 to students with documented disabilities.  If you are a student requesting accommodations for this course, please contact your professor at the beginning of the semester and register with the Disability Support Services Coordinator, Wendy Jimenez, for the facilitation and verification of need.  The Disability Support Services Coordinator is located in the Center for Student Success Office in the Academic Services Building, and can be contacted by calling (805) 493-3464 or emailing [email protected]



Help Desk:

Students may contact the Help Desk about telephone, network, wireless network, software questions password problems, hardware problems, and general consultation (i.e. you cannot log into your MyCLU portal, or you are having problems with Blackboard). Please email specific details about your problems to [email protected], click on the following link for more information http://www.callutheran.edu/iss/technology_services/helpdesk.php or call (805) 493-3698.



dISCLAIMER:

This syllabus may change from time to time to accommodate changing circumstances. Every effort will be made to alert students to changes that occur in a timely manner.

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