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Short Answer For the questions below, please provide the answer. No research path is required, unless specified. 1. Explain the concept of stare decisis. What
Short Answer For the questions below, please provide the answer. No research path is required, unless specified. 1. Explain the concept of stare decisis. What source from the class did you use as the basis of your answer? 2. For the following sources, identify whether they are a primary or secondary source. Include an explanation if you feel one is needed with your answer. a. Restatement of Contracts b. Federal Register c. United States Code Annotated d. Uniform Acts, such as the Uniform Adoption Act 3. Find an Environmental Protection Agency (EPA) General Counsel Memorandum on whether Section 402 of the Clean Water Act applies to water transfers. What is the name of this memorandum and the date it was published? 4. Explain what the yellow flag means in Westlaw when you Keycite a case. 5. Name a reliable source to find a doctor or lawyer. Hint: Only refer to sources or guides you were assigned in class. 6. Provide the earliest year of availability for the Federal Register on govinfo.gov? 7. Briefly explain the steps to create federal legislation. Provide the course materials you used for your answer. 8. Explain the quasi-legislative and quasi-judicial aspects of administrative law. Cite to the course materials you used for you answer. 9. How many titles are in the U.S. Code and how often is the U.S. Code published in print? Which is the last available title available on the GovInfo.gov website for the most recent year? 10. Find an article that summarizes a lawsuit brought by Alfonso Ribeiro from the Fresh Prince of Bel-Air about his "Carlton Dance." Use one of the legal databases discussed in this class to find the article. 11. Explain due diligence. What source from the course did you use as the basis for you answer? 12. Where are proposed federal regulations published? Where are the final federal rules codified? 13. If a panel of judges presides over a case and provides an opinion, explain the differences between concurring, dissenting, and majority opinions. Provide the source from the course you used for the answer. 14. Briefly explain the steps of federal rulemaking. What source from the course did you use in formulating your answer? 15. Provide an example of where one Boolean connector is different depending on the database. Compare this same connector in each of the big 3 databases we discussed and the provide it below. Hint: refer to the power searching module. Part 2: Hypothetical- Research path REQUIRED FOR EACH ANSWER You work for a specialty apothecary shop that specializes in rebranding local goods. This company is a chain that is found in multiple states after being founded in the small town of Schitt's Creek. You have recently transferred to the Human Resources department where you work with the company's accountants to ensure that employees are paid promptly and accurately. The previous HR rep left suddenly and with few notes to help guide your transition in this role. Recently, one of your employees, David Rose, has had court-ordered garnishment of his wages for failure to pay child support. Since you are new to this area in your company, the accountant you work with advised you to review the federal laws, both statutes and regulations, to ensure you are conducting yourself appropriately. The accountant stated he will bring you up to speed on applicable state laws later, so to just focus on federal materials. During your search, you are tasked to find answers to the following questions, using only FREE resources. Your company currently does not have access to Bloomberg, Lexis, and Westlaw which you have used in the past. While citations are not required, include enough identifiable information to ensure you have the accurate answer and I can identify the source. I must be able to replicate your search results to receive full credit. a. What is a federal statute that provides the maximum amount that may be garnished by an employee that could be used for the situation as described above? What is that amount? Provide the research path. b. What is the corresponding regulation that also details wage garnishment maximums? Provide the research path. c. What is the enabling statute for the regulation you found above? Provide the research path. d. When was the rule created? Provide the research path. BONUS EXTRA CREDIT: Hypothetical- Research path required where indicated. OPTIONAL. You work in the HR department of a Gringotts, a mid-size, tech-savvy bank located in several cities throughout Florida. Insuricare, the insurance company for the bank employees, approached your boss about creating a workplace wellness program. The program involves bank staff receiving a FitBit watch in return for reduced insurance premiums if they meet certain fitness and wellness goals tracked by the FitBit. Gringotts would have access to the information transmitted from the FitBit such as step counts, heart rate, and amount of sleep. Your boss stopped by your office to ask you about any privacy implications or laws that may exist for these types of wellness initiatives. In order to research the issues, you decide to review laws such as statutes, cases, and regulations to ensure you provide a current a thorough response. 1. To start your research, you decide to look at Health Insurance Portability and Accountability Act of 1996 (HIPAA) to investigate whether employers must comply with HIPAA's privacy requirements for individual's health data. a. What is the public law number of the original enactment of HIPAA in 1996? (Provide a research path) b. Use govinfo.gov to find the statutes at large citation for the original enactment of HIPAA in 1996? (Provide a research path) 2. Search the HHS.gov website for any agency guidance about whether HIPAA applies to employers who are considering implementing a program like one suggested by Insuricare. a. What is the title and URL of the article you found? b. Provide your research path and search terms you used to find the article. 3. Your boss seems to remember that in Washington, the state legislature passed a law to protect the privacy of residents from companies that collect biometric health data and information. a. Find the text of the Washington privacy statute and provide the title of the law, the effective date and an approximate citation (Chapter and section number, Bluebook citations IS NOT required) b. Provide your research path and search terms you used to find the statute. 1
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