significant research outside of the book and demonstrate that you have in a very obvious way

Case 5-1 William Jefferson Clinton v. Paula Corbin JonesSupreme Court of the United States 520 U.S. 681 (1997)Plaintiff Paula Jones filed a civil action against defendant (sitting) President Bill Clinton, alleging that he made “abhorrent” sexual advances. She sought $75,000 in actual damages and $100,000 in punitive damages.Defendant Clinton sought to dismiss the claim on the ground of presidential immunity, or, alternatively, to delay the proceedings until his term of office had expired.The district court denied the motion to dismiss and ordered discovery to proceed, but it also ordered that the trial be stayed until the end of Clinton’s term. The court of appeals affirmed the denial of the motion to dismiss and reversed the stay of the trial. President Clinton appealed to the U.S. Supreme Court.Justice StevensPetitioner’s principal submission—that “in all but the most exceptional cases,” the Constitution affords the President temporary immunity from civil damages litigation arising out of events that occurred before he took office—cannot be sustained on the basis of precedent.Only three sitting presidents have been defendants in civil litigation involving their actions prior to taking office. Complaints against Theodore Roosevelt and Harry Truman had been dismissed before they took office; the dismissals were affirmed after their respective inaugurations. Two companion cases arising out of an automobile accident were filed against John F. Kennedy in 1960 during the Presidential campaign. After taking office, he unsuccessfully argued that his status as Commander in Chief gave him a right to a stay. The motion for a stay was denied by the District Court, and the matter was settled out of court. Thus, none of those cases sheds any light on the constitutional issue before us.The principal rationale for affording certain public servants immunity from suits for money damages arising out of their official acts is inapplicable to unofficial conduct. In cases involving prosecutors, legislators, and judges we have repeatedly explained that the immunity serves the public interest in enabling such officials to perform their designated functions effectively without fear that a particular decision may give rise to personal liability.That rationale provided the principal basis for our holding that a former president of the United States was “entitled to absolute immunity from damages liability predicated on his official acts.” Our central concern was to avoid rendering the President “unduly cautious in the discharge of his official duties.”This reasoning provides no support for an immunity for unofficial conduct. . . . “[T]he sphere of protected action must be related closely to the immunity’s justifying purposes.” But we have never suggested that the President, or any other official, has an immunity that extends beyond the scope of any action taken in an official capacity.Moreover, when defining the scope of an immunity for acts clearly taken within an official capacity, we have applied a functional approach. “Frequently our decisions have held that an official’s absolute immunity should extend only to acts in performance of particular functions of his office.” Petitioner’s strongest argument supporting his immunity claim is based on the text and structure of the Constitution. The President argues for a postponement of the judicial proceedings that will determine whether he violated any law. His argument is grounded in the character of the office that was created by Article II of the Constitution and relies on separation-of-powers principles.As a starting premise, petitioner contends that he occupies a unique office with powers and responsibilities so vast and important that the public interest demands that he devote his undivided time and attention to his public duties. He submits that—given the nature of the office—the doctrine of separation of powers places limits on the authority of the Federal Judiciary to interfere with the Executive Branch that would be transgressed by allowing this action to proceed.We have no dispute with the initial premise of the argument. We have long recognized the “unique position in the constitutional scheme” that this office occupies.It does not follow, however, that separation-of-powers principles would be violated by allowing this action to proceed. The doctrine of separation of powers is concerned with the allocation of official power among the three coequal branches of our Government. The Framers “built into the tripartite Federal Government . . . a self-executing safeguard against the encroachment or aggrandizement of one branch at the expense of the other.” Thus, for example, the Congress may not exercise the judicial power to revise final judgments, or the executive power to manage an airport.. . . [I]n this case there is no suggestion that the Federal Judiciary is being asked to perform any function that might in some way be described as “executive.” Respondent is merely asking the courts to exercise their core Article III jurisdiction to decide cases and controversies. Whatever the outcome of this case, there is no possibility that the decision will curtail the scope of the official powers of the Executive Branch. The litigation of questions that relate entirely to the unofficial conduct of the individual who happens to be the President poses no perceptible risk of misallocation of either judicial power or executive power.Rather than arguing that the decision of the case will produce either an aggrandizement of judicial power or a narrowing of executive power, petitioner contends that—as a by-product of an otherwise traditional exercise of judicial power—burdens will be placed on the President that will hamper the performance of his official duties. We have recognized that “[e]ven when a branch does not arrogate power to itself . . . the separation-of-powers doctrine requires that a branch not impair another in the performance of its constitutional duties.” As a factual matter, petitioner contends that this particular case—as well as the potential additional litigation that an affirmance of the Court of Appeals judgment might spawn—may impose an unacceptable burden on the President’s time and energy and thereby impair the effective performance of his office.Petitioner’s predictive judgment finds little support in either history or the relatively narrow compass of the issues raised in this particular case. If the past is any indicator, it seems unlikely that a deluge of such litigation will ever engulf the presidency. As for the case at hand, if properly managed by the District Court, it appears to us highly unlikely to occupy any substantial amount of petitioner’s time.Of greater significance, petitioner errs by presuming that interactions between the Judicial Branch and the Executive, even quite burdensome interactions, necessarily rise to the level of constitutionally forbidden impairment of the Executive’s ability to perform its constitutionally mandated functions. Separation of powers does not mean that the branches “ought to have no partial agency in, or no control over the acts of each other.” The fact that a federal court’s exercise of its traditional Article III jurisdiction may significantly burden the time and attention of the Chief Executive is not sufficient to establish a violation of the Constitution. Two long-settled propositions . . . support that conclusion.First, we have long held that when the President takes official action, the Court has the authority to determine whether he has acted within the law. Perhaps the most dramatic example of such a case is our holding that President Truman exceeded his constitutional authority when he issued an order directing the Secretary of Commerce to take possession of and operate most of the Nation’s steel mills, in order to avert a national catastrophe.11 Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952).Second, it is also settled that the President is subject to judicial process in appropriate circumstances. We . . . held that President Nixon was obligated to comply with a subpoena commanding him to produce certain tape recordings of his conversations with his aides. As we explained, “neither the doctrine of separation of powers, nor the need for confidentiality of high-level communications, without more, can sustain an absolute, unqualified presidential privilege of immunity from judicial process under all circumstances.”Sitting Presidents have responded to court orders to provide testimony and other information with sufficient frequency that such interactions between the Judicial and Executive Branches can scarcely be thought a novelty. President Ford complied with an order to give a deposition in a criminal trial, and President Clinton has twice given videotaped testimony in criminal proceedings.“[I]t is settled law that the separation-of-powers doctrine does not bar every exercise of jurisdiction over the President of the United States.” If the Judiciary may severely burden the Executive Branch by reviewing the legality of the President’s official conduct, and if it may direct appropriate process to the President himself, it must follow that the federal courts have power to determine the legality of his unofficial conduct. The burden on the President’s time and energy that is a mere by-product of such review surely cannot be considered as onerous as the direct burden imposed by judicial review and the occasional invalidation of his official actions. We therefore hold that the doctrine of separation of powers does not require federal courts to stay all private actions against the President until he leaves office.** William Jefferson Clinton v. Paula Corbin Jones, Supreme Court of the United States 520 U.S. 681 (1997). https://www.law.cornell.edu/supct/html/95-1853.ZO.html.Reversed in part. Affirmed in part in favor of Respondent, Jones.Comment:After this case was sent back for trial on the merits, the case was ultimately dismissed on April 1, 1998, on a motion for summary judgment on the ground that the plaintiff’s allegations, even if true, failed to state a claim of criminal sexual assault or sexual harassment. It is ironic that despite the high court’s claim that the case would be “highly unlikely to occupy any substantial amount of the petitioner’s time,” matters arising out of this case managed to occupy so much of the president’s time and become such a focus of a media frenzy that many people were calling for the media to reduce coverage of the issues so the president could do his job.22 Jones v. Clinton and Danny Ferguson, 12 F. Supp. 2d 931 (E.D. Ark. 1998).Linking Law and Business FinanceThe principle behind the separation of powers in government is also modeled in another realm of business. In your accounting class, you learned that internal controls are the policies and procedures used to create a greater assurance that the objectives of an organization will be met. One feature of internal controls is the separation of duties. This feature calls for the functions of authorization, recording, and custody to be exercised by different individuals. The likelihood of illegal acts by employees is reduced when the responsibility of completing a task is dependent on more than one person. If there are three people responsible for carrying out a particular task, then each person acts as a deterrent to the other two in regard to the possibility of embezzlement by one or more employees. Therefore, the chance of dishonest behavior is minimized when employees act as a check on the other employees involved in striving to meet organizational objectives.Exhibit 5-2 System of Checks and BalancesCases like Jones v. Clinton are not common. The reason is not that each branch generally operates carefully within its own sphere of power. Rather, the explanation lies in the fact that because it is difficult to determine where one branch’s authority ends and another’s begins, each branch rarely challenges the power of its competing branches. The powers of each branch were established so that, although the branches are separate and independent, each branch still influences the actions of the others and there is still a substantial amount of interaction among them. You can review this system by examining Exhibit 5-2.• The assignment should consist of a Word Document . It should include a summary of the relevant facts, the law, judicial opinion and answer the case questions. All that is necessary for an understanding of the case is important and required.• The report must go beyond the discussion of the problem posed in the textbook, to achieve a superior grade. Do research outside the textbook- this must include research outside the case citation such as the Lexus-Nexis in the DeVry Library or FindLaw.com, do research on the parties and circumstances of the case itself and incorporate some visual modality as a part of the case analysis.something about one of the parties, as well as some background contained in the legal opinion. Doing significant research outside the textbook is essential. • Utilize the case format below.Case Analysis Format1. Read and understand the case or question assigned. Show your Analysis and Reasoning and make it clear you understand the material. Be sure to incorporate the concepts of the chapter we are studying to show your reasoning. Dedicate at least one heading to each following outline topic:Parties [Identify the plaintiff and the defendant]Facts [Summarize only those facts critical to the outcome of the case]Procedure [Who brought the appeal? What was the outcome in the lower court(s)?]Issue [Note the central question or questions on which the case turns]Explain the applicable law(s). Use the textbook here. The law should come from the same chapter as the case. Be sure to use citations from the textbook including page numbers.Holding [How did the court resolve the issue(s)? Who won?]Reasoning [Explain the logic that supported the court’s decision] 2. Do significant research outside of the book and demonstrate that you have in a very obvious way. This refers to research beyond the legal research. This involves something about the parties or other interesting related area. Show something you have discovered about the case, parties or other important element from your own research. Be sure this is obvious and adds value beyond the legal reasoning of the case.3. Dedicate 1 heading to each of the case question(s) immediately following the case, if there are any. Be sure to restate and fully answer the questions.4. Quality in terms of substance, form, grammar and context. Be entertaining! Use excellent visual material!5. Wrap up with a Conclusion. This should summarize the key aspects of the decision and also your recommendations on the court’s ruling.6. Include citations and a reference page with your sources. Use APA style citations and references.
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Discuss lessons learned and propose actions that can be taken by your management to avoid similar anti- trust actions in your proposed merger

You are a manager with 5 years of experience and need to write a report for senior management on how your firm can avoid the threat of a Federal Trade Commission investigation if you were to merge with other health care organizations. Research on your own to select a health care organization in the United States that has been charged with an antitrust action within the last five years and use this information as the basis for your paper. In your report •Summarize the charges and rebuttal or mitigation of charges used by the health care organization you researched. •Discuss lessons learned and propose actions that can be taken by your management to avoid similar anti- trust actions in your proposed merger. Your paper must include an introduction, thesis, and conclusion. Your paper must be four to five double-spaced pages in length (excluding title and reference pages) and formatted according to APA style as outlined in the Ashford Writing Center. Utilize three scholarly and/or peer-reviewed sources (excluding the course text) that were published within the last five years. Cite your sources within the text of your paper and provide complete references for each source used on the reference page.


 

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Develop spreadsheet models for forecasting each of the stock prices using single moving average and single exponential smoothing.

1. The Excel file Closing Stock Prices provides data for four stocks over a one-month period. a. Develop spreadsheet models for forecasting each of the stock prices using single moving average and single exponential smoothing. b. Using MAD, MSE, and MAPE as guidance, find the best number of moving average periods and best smoothing constant for exponential smoothing. 2. Use the data in the Excel file Baseball Attendance to do the following: a. Develop spreadsheet models for forecasting attendance using single moving average and single exponential smoothing. b. Using MAD, MSE, and MAPE as guidance, find the best number of moving average periods and best smoothing constant for exponential smoothing.


 

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Reynolds number is ____________ .

In fully developed laminar flow of water through a pipe of 0.15 m diameter with uniform wall temperature the thermal conductivity at the condition was 0.655 W/mK. The average convection coefficient is ____________ . (16 W/m2K) 49. Water flows at the rate of 0.08 kg/m2s through a 0.1 m diameter pipe the viscosity being 356 × 10–6 kg/ms. The Reynolds number is ____________ .


 

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Compare and contrast at least two Native American stories about the creation of the world or human beings.

Written assignment 2

Compare and contrast at least two Native American stories about the creation of the world or human beings. Identify the tribes that the stories come from. Discuss their history and the region that they come from. What do these stories illustrate about these tribes? what do these stories suggest about the relationship between human beings and creation? Human beings and animals? Between groups of human beings? Men and women? Different generations? Roles and responsibilities within the community?


 

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In the United States, individuation is an important aspect of adulthood

Many consider early and middle adulthood times of relatively little growth, but adults encounter a multitude of tasks and changes during these phases. For instance, the quality of relationships change, vocational choice might be solidified, formal education might be completed, parenting responsibilities might be present, and changes in physical capacities might set limits on behavior. An adult’s perceived success or failure can influence his/her sense of self and ability to accomplish tasks and navigate changes in early and middle adulthood.

In the United States, individuation is an important aspect of adulthood. Individuation refers to processes by which you become a unique individual with a distinct sense of identity. The process is sometimes identified as separation-individuation (Berger, 2016). Adulthood is the period in which roles change from that of a dependent child to a more autonomous individual with different responsibilities and commitments.

Boucher and Maslach (2009) discuss how the type of culture—individualistic or collectivistic—can influence the degree of individuation. Think about how cultural differences can influence the changes that adults face during early and middle adulthood. The influence of culture on these changes impacts individuation. Consider collectivist societies that value conformity over individuality. How does that impact an individual’s sense of uniqueness?

For this Discussion, you will examine individuation and cultural differences in individuation.

To prepare for this Discussion:

  • Read the introduction to this Discussion related to individuation.
  • Select one aspect of adulthood (identity development, vocational development, relationships, or parenting).

By Day 4

Post a description of the aspect of adulthood you selected. Then, explain individuation in terms of that aspect. Include an explanation of the challenges that might influence individuation. Be specific and provide examples from the Learning Resources. Use proper APA format and citations.

By Day 6

Respond to at least one of your colleagues’ posts and explain how individualistic and collectivistic cultures might impact individuation differently. Be specific and provide examples from the Learning Resources. Use proper APA format and citations.

Return to this Discussion in a few days to read the responses to your initial posting and answer any questions. Note what you have learned and/or any insights you have gained as a result of your colleagues’ comments.


 

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Conduct a Regulatory Analysis {475 words} regarding any components of the Toxic Substances Control Act or Federal Insecticide, Fungicide, and Rodenticide Act that might need to be considered if your client chooses to use Malathion

Conduct an Environmental Regulatory Analysis Now that a Risk Assessment Has Been Completed (see attachment for more details).

APA Formatting/Appropriate In-Text Citations & References Needed – Original Work

There are two issues that they have requested your team to investigate and make recommendations on the following:

The golf course property includes several breeding grounds for mosquitoes, including wetlands and retention ponds. Surrounding the golf course perimeter are residential areas. The state has been concerned over several incidences of West Nile Virus (WNV) and your client is interested in controlling mosquito populations in the wetland and pond areas through the use of a pesticide known as Malathion.
The previous owners did not manage waste at their facility properly. The facility maintenance area has four 55-gallon drums of unmarked liquids stored behind the maintenance shed, several showing signs of leakage. There are several piles of lime near the maintenance shed; and three cabinets of old paint, spray lubricants and cleaners, solvents, and oily rags with a strong solvent smell that were used in maintaining equipment. The property includes a pro shop and a restaurant and bar where food will be prepared and eaten.

NEED TO CONDUCT A REGULATORY ANALYSIS SINCE A RISK ASSESSMENT OF THE ABOVE INVESTIGATION HAS NOW BEEN COMPLETED {need 475 words, citations, and appropriate references APA format}:

Below is the Conclusion of the Risk Assessment in which another teammate has already completed {informational purposes only; do not copy anything from what the other teammate has already stated below unless deemed necessary for the analysis and no more than 3% of the information}.

*****Conduct a Regulatory Analysis {475 words} regarding any components of the Toxic Substances Control Act or Federal Insecticide, Fungicide, and Rodenticide Act that might need to be considered if your client chooses to use Malathion {from the above scenario}.


 

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Construct box plots and dot‐scale diagrams for each of the variables in the data set Ohio Education Performance.

1. Construct box plots and dot‐scale diagrams for each of the variables in the data set Ohio Education Performance. What conclusions can you draw from them? Are any possible outliers evident? 2. A producer of computer‐aided design software for the aerospace industry receives numerous calls for technical support. Tracking software is used to monitor response and resolution times. In addition, the company surveys customers who request support using the following scale: 0—Did not exceed expectations 1—Marginally met expectations 2—Met expectations 3—Exceeded expectations 4—Greatly exceeded expectations The questions are as follows: Q1. Did the support representative explain the process for resolving your problem? Q2. Did the support representative keep you informed about the status of progress in resolving your problem? Q3. Was the support representative courteous and professional? Q4. Was your problem resolved? Q5. Was your problem resolved in an acceptable amount of time? Q6. Overall, how did you find the service provided by our technical support department? A final question asks the customer to rate the overall quality of the product using this scale: 0—Very poor 1—Poor 2—Good 3—Very good 4—Excellent A sample of survey responses and associated resolution and response data are provided in the Excel file Customer Support Survey. Use descriptive statistics, box plots, and dot‐scale diagrams as you deem appropriate to convey the information in these sample data and write a report to the manager explaining your findings and conclusions.


 

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Conduct an Environmental Regulatory Analysis

Conduct an Environmental Regulatory Analysis Now that a Risk Assessment Has Been Completed (see attachment for more details).

APA Formatting/Appropriate In-Text Citations & References Needed – Original Work

There are two issues that they have requested your team to investigate and make recommendations on the following:

The golf course property includes several breeding grounds for mosquitoes, including wetlands and retention ponds. Surrounding the golf course perimeter are residential areas. The state has been concerned over several incidences of West Nile Virus (WNV) and your client is interested in controlling mosquito populations in the wetland and pond areas through the use of a pesticide known as Malathion.
The previous owners did not manage waste at their facility properly. The facility maintenance area has four 55-gallon drums of unmarked liquids stored behind the maintenance shed, several showing signs of leakage. There are several piles of lime near the maintenance shed; and three cabinets of old paint, spray lubricants and cleaners, solvents, and oily rags with a strong solvent smell that were used in maintaining equipment. The property includes a pro shop and a restaurant and bar where food will be prepared and eaten.

NEED TO CONDUCT A REGULATORY ANALYSIS SINCE A RISK ASSESSMENT OF THE ABOVE INVESTIGATION HAS NOW BEEN COMPLETED {need 475 words, citations, and appropriate references APA format}:

Below is the Conclusion of the Risk Assessment in which another teammate has already completed {informational purposes only; do not copy anything from what the other teammate has already stated below unless deemed necessary for the analysis and no more than 3% of the information}.

*****Conduct a Regulatory Analysis {475 words} regarding any components of the Toxic Substances Control Act or Federal Insecticide, Fungicide, and Rodenticide Act that might need to be considered if your client chooses to use Malathion {from the above scenario}.


 

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Summarize the general suggestions/proposal that the student has offered to resolve the general scenario.

Summarize the general suggestions/proposal that the student has offered to resolve the general scenario. Based on your review, what challenges or obstacles do you see in implementing that suggestion/proposal?
• Managers do not much total control to resolve conflict in the workplace, especially when the conflict is of a personal nature. What can a supervisor or manager do to better manage/resolve conflict in the workplace when they can less control to resolve the conflict and, in particular, what traits/attributes can they develop as a manager that would best allow them to resolve these types of conflict in the workplace.

Be sure to support your work with specific citations from this week’s Learning Resources and any additional sources.

Expand on your colleague paper by providing additional insights or contrasting perspectives based on readings and evidence.

Reference:
Furlong, G. T. (2005). The conflict resolution toolbox: Models and maps for analyzing, diagnosing, and resolving conflict. Mississauga, Ontario: John Wiley & Sons Canada, Ltd.

Thomas, K. W., Thomas, G. F., & Schaubhut, N. (2008). Conflict styles of men and women at six organization levels. International Journal of Conflict Management, 19(2), 148−166.


 

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