Legal Memo
The dismantlement of Affirmative Action within the University of California was appropriate

Graduate education and learning has been the crucial pathway to enter critical spheres of influence in the U.S. And also the grounds for obtaining the specific skills and information essential to individual, nationalized, as well as international financial achievement (CGS, 2009). However, regardless of current boosts in registration for college students of colour, this human population continues to be significantly underrepresented within graduate research. Latinos constitute 16% of the American populace, only 6% of the whole graduate-pupil populace within 2008; of the entire doctorate degrees conferred in the year 2007, just 4% had been given to Latinos along with 6% to African-Americans, who signify 12% of the American citizenry (Aud, Fox, & Kewalamani, 2010). These differences have been particularly starker inside science-associated professions. Within science as well as engineering-domains that have been essential towards the financial edge of…...

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References

Atkinson, R.C. And Pelfrey, P.A. (2004). Rethinking Admissions: U.S. Public Universities In The Post-Affirmative Action Age. Research & Occasional Paper Series: CSHE.11.04, University Of California, Berkeley, http://ishi.lib.berkeley.edu/cshe/

Aud, S., Fox, M., and KewalRamani, A. (2010). Status and Trends in the Education of Racialand Ethnic Groups (NCES 2010-015). Retrieved from U.S. Department of Education, National Center for Education Statistics:  http://nces.ed.gov/pubs2010/2010015.pdf 

Attiyeh, G., & Attiyeh, R. (1997). Testing for bias in graduate school admissions. The Journal of Human Resources, 32(3), 524-548.

Bowen, W.G., Kurzweil, M.A. & Tobin, E.M. (2005). Equity and excellence in American higher education. Charlottesville: University of Virginia Press.

Legal Memo
MASHAL MATHES

IN E: Mr. Sam Witwicky (Our Client) -- Criminal Concealed Weapon Charge

The firm's new client, Sam Witwicky, has retained this firm for legal representation in a criminal matter. Mr. Witwicky was arrested on his front lawn for carrying a concealed weapon. The police know Mr. Witwicky from a previous instance in which they were called to the residence of the client. Mr. Witwicky has retained this law firm in his defense against these charges which have not yet been filed although it is the understanding of the firm that the District Attorney does intend to proceed with filing charges against the client.

CLIENT CHAGED WITH FELONY CIMINAL CAYING CONCEALED WEAPON IN DETIOT, MICHIGAN

ULE

The Michigan Penal Code Act 238 of 1931 750.227 Concealed weapons; carrying; penalty Section 227 states as follows:

"(1) A person shall not carry a dagger, dirk, stiletto, a double-edged nonfolding stabbing instrument of any length, or any…...

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References

Michigan Penal Code Act 238 of 1931 750.227 Concealed weapons; carrying; penalty Section 227 (2011) Michigan's Concealed Pistol Law -- FAQs. Michigan State Police. Retrieved from:   -- ,00.html#OTHER_WEAPONS__NON_PISTOLS_http://www.michigan.gov/msp/0,4643,7-123-1586_27094-10953 

Recreational dancing is not universally protected. Therefore, Lapham cannot rely solely on the perceived violation of First Amendment rights in this case.
Plaintiff Rebecca Willis sought protection for her rights to dance provocatively in public. Lapham, on the other hand, seeks protection for his right as a bar owner to let his patrons move and sway to music as they please.

In other words, the town of Marshall, NC did not restrict dancing in itself; it only sought to monitor the type of dancing that took place. If a new form of dancing evolved that involved punching strangers, that too could be restricted but would have no bearing on whether citizens have the right to move and sway.

Lapham cannot rely on Fourteenth Amendment arguments either, as there may be no evidence that the city of New York is discriminating against his license application. However, there is no reason why the city…...

Legal Memorandum
Natalie Attired Unemployment Compensation Claim.

STATEMENT OF FACTS

The client in this case, Natalie Attired is 23 years of age and is a high school graduate as well as having attended New Mexico State University but dropped out after one year and began waitressing. She has most recently been working for Biddy Baker, 60 years of age who has been in the restaurant business for more than 20 years. Every three months Biddy conducts an evaluation of the waitresses. The client in this case got a full-sleeve tattoo covering her entire upper right arm from shoulder to elbow and while the waitress uniform partially covers the tattoo, when the client wears short sleeves part of the tattoo is visible. Biddy asked the client to remove the tattoo and the client refused and was terminated on the grounds of 'misconduct' making her ineligible to receive employment compensation. The client has consulted the…...

prayers should be allowed, does the majority opinion written by Justice Kennedy or Justice Kagan's dissent more accurately characterize the Town of Greece meetings as being similar or dissimilar from the legislative sessions in Marsh?
Reasoning and Analysis: In his opinion, Justice Kennedy takes the position that a town hall meeting is essentially similar to a legislative session, but fails to ignore the fact that legislative sessions, while open to the public, exist for the very specific purpose of legislators engaging in legislation. Any type of prayer offered in that situation is offered for the purposes of the legislators who, at least theoretically, come to the table with the same level of power as the other legislators with whom they are negotiating, and as representatives of the people, not in a personal capacity. There seems to be a difference between that type of meeting and a town-hall meeting, which does…...

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Works Cited

Town of Greece, New York v. Susan Galloway et al., 572 U.S. ____ (2014).

Town of Greece, New York v. Susan Galloway et al., 572 U.S. ____ (2014), dissenting opinion by Justice Kagan

Id., dissenting opinion by Justice Kagan

Id.

CC:
Dr. Thomas Furlow

Statement of Facts: Our client, Dr. Thomas Furlow, has been sued by his patient John Brown. Furlow examined Brown and discovered an infected tooth; he advised Brown to return for treatment. Instead, Brown went on vacation. While camping in the desert, Brown's tooth infection worsened, spreading through his body, causing pain and putting his life at risk. Brown sued Furlow on the grounds that Furlow had failed to extract his infected tooth. Furlow was served with the complaint on March 1. Furlow had 20 days to answer the complaint. Furlow had an appointment with his attorney on March 19. On March 18, Furlow's house was robbed and the safe, where he had stored the complaint, was robbed. Furlow went to his mother-in-law, and rescheduled his appointment with his attorney for March 23. On March 23, the court entered a default judgment against Furlow. We have filed a motion…...

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References

Green Seed Co., Inc. v. Harrison Tobacco Storage Warehouse, Inc., 663 S.W.2d 755

(Ky. Ct. App. 1984).

Ky. Civ. R. 6.01.

Ky. Civ. R. 55.02.

The exemption status of the employee's position thus changes when the docking occurs, making them non-exempt, and thereby eligible for overtime for all extra hours worked" (Dorf 1994). By docking the pay of salaried workers, the company was effectively treating them as salaried employees (hence the restitution of their pay).
The employees who did work the full forty hours, however, are claiming that in doing so the company revoked their exempt status as well and because they worked more than their colleagues, they effectively worked 'overtime.' However, there are significant differences between the case of the engineering firm and that of Martin vs. Malcolm Pirnie Inc. The engineering company did act fairly in retroactively restoring pay, in an effort to comply with the FLSA by treating the workers as salaried, rather than unsalaried employees. The status can be revoked when the company treats exempt employees like nonexempt employees, but in…...

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References:

Wages and hours worked: Minimum wage and overtime pay. (2012, June 2). Retrieved from Department of Labor:  http://www.dol.gov/compliance/guide/minwage.htm 

Dorf, P.R. (1994, June 2). Classify jobs properly to avoid overtime trap. Retrieved from HR Magazine.:  http://www.compensationresources.com/press-room/classify-jobs-properly-to-avoid-overtime-trap.php 

Kandilov, I.T. (2009). Do exporters pay higher wages? plant-level evidence from an export refund policy in chile. The World Bank Economic Review, 23(7), 269-294.

Walsh, D.J. (2010). Employment law for human resource practice. Mason, OH.

Legal esearch and Argument
To begin the research for this case and the argument that follows, one must first examine the case and determine what is essential. It is assumed that the engineer was negligent because he should have known about the circular which advised that further structural support would be required for the type of building he was constructing. It is not enough to rely upon 20 years-worth of experience in the field because situations change which may negate all of that experience. Thus, this does not seem to be a legitimate argument for the engineer. It could be argued that the engineer was not made aware of the circular and that this was not his negligence but the persons who filed the document before he had seen it. Unfortunately, this would seem to be immaterial because it is the engineer's responsibility to stay abreast of important changes within the…...

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References

Brickhill v Cooke (1984) 3 NSAWLR 396.

Carosella v Ginos & Gilbert Pty Ltd. (1981) 27 SASR 515.

Hadley v. Baxendale, (1854) 9 Exch. 341, 156 Eng. Rep. 145.

Lenz, C. (2012). Guide to identification of construction defects. Retrieved from 925f2aa1e28a17500c9c2cd4http://www.lenzmoreton.com.au/news.php?id=384&cat=general&lenz=41441761

Memorandum In Brief
It is important to note, from the onset, that there are many commercial benefits that our company could reap by expanding internationally. Thus, the expansion into Mexico is not only timely, but also well considered. However, in engaging in the said expansion, the company ought to be aware of the pertinent aspects of both the U.S. and Mexican law. It is with this in mind that this memo highlights the most likely compliance issues or concerns in as far as the various aspects of law and ethics specific to Mexico are concerned.
Pertinent Aspects of U.S. Law
There are a number of laws and certain legal provisions specific to our expansion into Mexico. Key amongst these include, but they are not limited to; USMCA (which replaced NAFTA a month ago), Customs and Border Protection (CBP) laws, and laws relating to engagement in corrupt practices and money laundering.
For a long time, 26…...

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References

Deloitte (2019). 1.0 Investment Climate. Retrieved from  

Department of Justice (2020). Foreign Corrupt Practices Act. Retrieved from  https://www.justice.gov/criminal-fraud/foreign-corrupt-practices-act 

Gomez, O.D. (2018). Labour and Employment Compliance in Mexico. New York, NY: Wolters Kluwer.

Graycar, A. (2020). Handbook on Corruption, Ethics and Integrity in Public Administration. Northampton, MA: Edward Elgar Publishing.

Human Rights Watch (2020). Mexico Events of 2019. Retrieved from  https://www.hrw.org/world-report/2020/country-chapters/mexico 

Stuart, O. (2018). How Will the Shift from NAFTA to USMCA Affect the Auto Industry? Retrieved from  https://www.industryweek.com/the-economy/article/22026500/how-will-the-shift-from-nafta-to-usmca-affect-the-auto-industry 

U.S. Equal Employment Opportunity Commission – EEOC (2020). Employee Rights When Working for Multinational Employers. Retrieved from https://www.eeoc.gov/laws/guidance/employee-rights-when-working-multinational-employers

U.S. Department of State (2019). U.S. Relations with Mexico. Retrieved from  https://www.state.gov/u-s-relations-with-mexico/https://www2.deloitte.com/content/dam/Deloitte/cn/Documents/international-business-support/deloitte-cn-csg-a-guide-to-investing-in-mexico-2019-en-190428.pdf 

Liability of a Negligence
Judy Taylor

From: Smith & Associates LLP

Seeking Legal Advice whether the school has a Potential Liability for a Negligence

DEFINING THE ISSUE

Under N.Y.S.3d 307, does Montauk High School has potential liability for a negligence of supervision of the school student? The issue is to investigate whether Montauk High School can be accused of negligence of the student wounded by the other student.

Short Answer

No, the Montauk High School has no potential liability for Andrew Miller, a 9th Grader because school has already suspended the student out the school, and the incident happens outside the school's premises.

Statement of Facts

On September, 2015, the Montauk High School received a letter from Andrew Miller parents threatening the school a lawsuit. The school wants an advise in order to decide whether the school needs to offer a quick settlement to avoid a legal battle with the student's parent. In August, 2015, Ms. Judy Taylor,…...

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Reference

Law Office Memo. (2015). Smith & Associate LLP.

Arnold, C.W. (2015). Fundamental of Law Practice: Writing, Analysis, Research and Skills. Law Office Memo.

Legal Brief
McCurdy v. Arkansas State Police, 375 F. 3 762 (8th Cir. 2004)

Type of Action

The case covered in this legal brief was the case of an employee of the Arkansas State Police, that being McCurdy, filing an action against the State of Arkansas in the form of the Arkansas State Police, that being her employer. Ms. McCurdy was trying to hold the Arkansas State Police liable for the sexual harassment of her supervisor. The case in this legal brief was argued before the United States Eight Circuit Court of Appeals (Leagle, 2014).

Facts of the Case

Jamie McCurdy, while being an employee of the Arkansas State Police, was subjected to about an hour of sexual harassment. The harassment in question was explicitly banned and disallowed as a matter of policy with the Arkansas State Police. On the Friday in which the harassment occurred, Sergeant Hall (McCurdy's supervisor) asked her where her uniform…...

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References

IntroLaw. (2014, May 30). Summary: McCurdy v. Arkansas State Police, 375 F.3d 762 (8th Cir. July 23, 2004). Summary: McCurdy v. Arkansas State Police, 375 F.3d 762 (8th Cir. July 23, 2004). Retrieved May 30, 2014, from  http://www.introlaw.com/ed/cs/8th/04/080704mc.html 

LawMemo. (2014, May 30). Employment Law Memo sample. Employment Law Memo sample. Retrieved May 30, 2014, from http://www.lawmemo.com/sample/e20040726.htm

Leagle. (2014, May 30). McCURDY v. ARKANSAS STATE POLICE | Leagle.com. McCURDY v. ARKANSAS STATE POLICE | Leagle.com. Retrieved May 30, 2014, from  http://www.leagle.com/decision/20031257275FSupp2d982_11161

MANAGE'S BEHAVIO MEMO
Management Behavior Imagine a midlevel sales manager InterClean, Inc. -level managersunder responsibility. In response a merger place EnviroTech, instructed

HM/531

InterClean Sales Managers

Overview of Manager's Behavior

With the upcoming merger after InterClean, Inc. acquired EnviroTech, the managers' role will be to ensure a smooth merger and their role during this merger is very important for its success. To ensure that the company meets its post-acquisition goals, the managers' abilities to manage the upcoming changes skillfully is required. Most managers are not aware of how their behavior affects the employees. The success of this merger and employee productivity is critical, and managers should know its success lies in the relationship between employee performance and leadership behavior Norgard & Skodvin, 2002.

Modeling the way is one of the methods to ensure employee productivity according to a study in employee effectiveness and leadership behavior. Therefore, to have productive employees, managers will need to show…...

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References

Larsson, R., & Finkelstein, S. (1999). Integrating Strategic, Organizational, and Human Resource Perspectives on Mergers and Acquisitions: A Case Survey of Synergy Realization. Organization Science, 10(1), 1-26.

Norgard, J.D., & Skodvin, O.-J. (2002). The Importance of Geography and Culture in Mergers: A Norwegian Institutional Case Study. Higher Education, 44(1), 73-90.

Poor ebsite -- Informal Memo
Purpose / Opening Statement

It is difficult to know how many new websites are being put up every day but clearly the numbers are enormous. Meanwhile, the purpose of this paper is to locate a spiritually-related website that needs changes; also, the purpose is to evaluate it. Hence, in advance it should be clear that when looking for a spiritually-related website on the Internet, a user wants a site that clearly spells out what it offers, is user-friendly as far as links and has an obvious informative purpose with credibility. In that regard, the website called "Constellation Seven" is among the most cluttered, confusing, prosaic and artistically disastrous to be found on the eb. This paper discusses this terrible website and suggests how it could be made better and more usable.

Research Method

By going into Google and typing in "the worst websites" or "websites that suck" lists…...

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Works Cited

Common Sense Media. (2013). Lesson: Identifying High-Quality Sites (6-8). Retrieved

March 12, 2013, from  http://www.commonsensemedia.org .

Constellation 7. (?) Constellation Seven / Revelation Ministries / For Christ Jesus / The Son of God. Retrieved March 12, 2013, from  http://constellation7.org .

Hasan, Layla (2011). Assessing the quality of web sites. Science Direct. Retrieved March 12,

T.C. Memo 2010-54: The court decision located at T.C. Memo 2010-54 is that of David J. And Letitia B. Crawford v. Commissioner of Internal evenue, appearing as the petitioners and respondent respectively.
The Court that Heard the Case: The United States Tax Court. This particular court according to aabe, Whittenburg, Sanders, Sawyers, and Gill (2011) hears and determines Federal tax cases. In the words of the authors, "its jurisdiction is limited to cases concerning the various Internal evenue Codes and evenue Acts that were adopted after February 26, 1926" (aabe et al., 2011, p. 156).

The Judge(s): B.L. Garber

Case Decided on: March 22, 2010

Issues Involved:

The respondent in this case discovered a deficiency of $2, 230 in the Federal income tax of the petitioners for the year 2006 (U.S. Tax Court, 2010). As the court further points out, the deficiency was, essentially, "attributable to the respondent's disallowance of David J. Crawford's (Petitioner's) deductions…...

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References

Raabe, W., Whittenburg, G., Sanders, D., Sawyers, R., & Gill, S. (2011). Federal Tax Research (9th ed.). Mason, OH: Cengage Learning.

United States Tax Court. (2010). David J. And Letitia B. Crawford Petitioners v. Commissioner of Internal Revenue, Respondent. Retrieved from  http://www.ustaxcourt.gov/InOpHistoric/craw3ford.TCM.WPD.pdf

Accounting Case Study
Legal Plan Services

What type of product is Legal Plan Services selling? Tangible or intangible? What type of benefits does the client receive for his membership?

The kind of products that Legal Plan Services is selling is legal representation for civil litigation. The way the company's approach works is to provide customers with access to some of the top law firms for purchasing a membership. The services are considered to be intangible because this is not something that can be physically held. The benefits that the client receives are the ability to consult with any one of the attorneys from affiliate firms for free. This involves select cases including: personal injury, tax, criminal and civil related issues. If the client goes beyond a certain amount of hours is when the membership will provide a 25% discount on the firm's hourly rate. ("Intangible")

What accounting concepts, objectives, and definitions should the…...

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References

"Generally Accepted Accounting Principles." CPA Needed, 2011. Web. 3 Feb. 2012.

"Intangible." The Free Dictionary, 2012. Web. 3 Feb. 2012

"Pro Forma." Investopedia, 2012. Web. 3 Feb. 2012

Briner, Russell. "Revenue Recognition." CPA Journal, 2001. Web. 3 Feb. 2012.