Power Rules
Discussion 1
Power Rules.” Please respond to the following:
Agency power combines the executive and legislative powers with respect to rule making and the legislative and judicial powers with respect to adjudication. Pick two agencies and compare and contrast the power each agency has in enforcing the regulations they are asked to uphold. Discuss why it is challenging for some agencies to enforce regulations and why it may be easy for other agencies to enforce regulations.
Evaluate Bring v. North Carolina State Bar. Apply the court’s ruling on delegation to another situation of your choice to determine at what point delegation should stop.
Discussion 2
“Judicial Review.” Please respond to the following:
It has been stated, “Judicial review is concerned, not with the decision, but with the decision-making process.” Take a position on whether it should or should not be true. Support your position with examples or evidence.
Imagine a Libertarian is voted into the White House at the next presidential election. Speculate what this could do for any agency’s judicial review process.
Wk9 D1
Authority and Misconduct.” Please respond to the following:
Despite widespread cynicism about public ethics, students are likely to agree that a rule of law depends on the perceived legitimacy of public officials and that legitimacy is impossible without widespread ethical behavior. Discuss with supporting example what can be done to cultivate ethical behavior in public officials.
Take a position on whether or not behavior should be governed by compliance with rules. Support your position with examples or evidence.
Wk9 D2
“Public Ethics Laws.” Please respond to the following:
After reading the case summary, People v. Howard, if you were an Illinois state legislator, would you support a bill in response to People v. Howard that provides that only conduct specifically prescribed by a state statute may be a predicate offense for official misconduct? Why or why not?
Evaluate Van Itallie v. Franklin Lakes. Based on the facts described in Van Itallie v. Franklin Lakes, take a position and explain what you would have done differently, if anything, if you were the council members.
Wk10 D1
“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?
Wk10 D2
“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
