Cases

This week you will find one published case (lawsuit) that is related to the topic you selected. Summarize the case in your own words and explain how it is related to your topic. Provide a summary that includes the name of the case, state or federal court, issue, summary of events and ruling. Explain whether you agree or disagree with the courts decision.

The following websites may be helpful in finding cases to use in the paper. You must read the actual case and not a summary found on law firm websites, blogs and similar sources.

FindLaw Caselaw.findlaw.com Justia – http://law.justia.com/cases/

Public Library of Law – http://www.plol.org/Pages/Search.aspx Leagle – http://leagle.com

Introduction

Provide a short introduction to the topic. Provide some background about the topic selected and why it was selected. Include definitions as necessary. Use more than one paragraph, if needed. You will refine the introduction and background information when submitting the final paper in Week 5.

Literature Review

Conduct an abbreviated literature review related to the topic you selected. A literature review identifies information that is already known about a research topic. Although you will not conduct an actual research study in this class, a summary of scholarly information that has been written about your topic makes up an important component of your project.

For Week 3, locate two scholarly articles related to your topic. Summarize the articles in your own words and explain how they are related to your topic. Do not use published cases for this section. You must use scholarly articles from the South University Online Library. Legal journals may provide some of the best sources of information.

Laws and Regulations

Research and analyze one law or regulation related to the topic you selected. The information may require research of federal and/or state laws, as well as administrative agency laws. Summarize the information about the law or regulation you found and explain how it applies to your topic.

 

 

 

Sample solution

Dante Alighieri played a critical role in the literature world through his poem Divine Comedy that was written in the 14th century. The poem contains Inferno, Purgatorio, and Paradiso. The Inferno is a description of the nine circles of torment that are found on the earth. It depicts the realms of the people that have gone against the spiritual values and who, instead, have chosen bestial appetite, violence, or fraud and malice. The nine circles of hell are limbo, lust, gluttony, greed and wrath. Others are heresy, violence, fraud, and treachery. The purpose of this paper is to examine the Dante’s Inferno in the perspective of its portrayal of God’s image and the justification of hell. 

In this epic poem, God is portrayed as a super being guilty of multiple weaknesses including being egotistic, unjust, and hypocritical. Dante, in this poem, depicts God as being more human than divine by challenging God’s omnipotence. Additionally, the manner in which Dante describes Hell is in full contradiction to the morals of God as written in the Bible. When god arranges Hell to flatter Himself, He commits egotism, a sin that is common among human beings (Cheney, 2016). The weakness is depicted in Limbo and on the Gate of Hell where, for instance, God sends those who do not worship Him to Hell. This implies that failure to worship Him is a sin.

God is also depicted as lacking justice in His actions thus removing the godly image. The injustice is portrayed by the manner in which the sodomites and opportunists are treated. The opportunists are subjected to banner chasing in their lives after death followed by being stung by insects and maggots. They are known to having done neither good nor bad during their lifetimes and, therefore, justice could have demanded that they be granted a neutral punishment having lived a neutral life. The sodomites are also punished unfairly by God when Brunetto Lattini is condemned to hell despite being a good leader (Babor, T. F., McGovern, T., & Robaina, K. (2017). While he commited sodomy, God chooses to ignore all the other good deeds that Brunetto did.

Finally, God is also portrayed as being hypocritical in His actions, a sin that further diminishes His godliness and makes Him more human. A case in point is when God condemns the sin of egotism and goes ahead to commit it repeatedly. Proverbs 29:23 states that “arrogance will bring your downfall, but if you are humble, you will be respected.” When Slattery condemns Dante’s human state as being weak, doubtful, and limited, he is proving God’s hypocrisy because He is also human (Verdicchio, 2015). The actions of God in Hell as portrayed by Dante are inconsistent with the Biblical literature. Both Dante and God are prone to making mistakes, something common among human beings thus making God more human.

To wrap it up, Dante portrays God is more human since He commits the same sins that humans commit: egotism, hypocrisy, and injustice. Hell is justified as being a destination for victims of the mistakes committed by God. The Hell is presented as being a totally different place as compared to what is written about it in the Bible. As a result, reading through the text gives an image of God who is prone to the very mistakes common to humans thus ripping Him off His lofty status of divine and, instead, making Him a mere human. Whether or not Dante did it intentionally is subject to debate but one thing is clear in the poem: the misconstrued notion of God is revealed to future generations.

 

References

Babor, T. F., McGovern, T., & Robaina, K. (2017). Dante’s inferno: Seven deadly sins in scientific publishing and how to avoid them. Addiction Science: A Guide for the Perplexed, 267.

Cheney, L. D. G. (2016). Illustrations for Dante’s Inferno: A Comparative Study of Sandro Botticelli, Giovanni Stradano, and Federico Zuccaro. Cultural and Religious Studies4(8), 487.

Verdicchio, M. (2015). Irony and Desire in Dante’s” Inferno” 27. Italica, 285-297.

Sample Answer

Sample Answer

 

Legal Case Summary: Doe v. Taylor Independent School District

Introduction

The topic selected for this analysis is the intersection of education law and student rights, specifically focusing on the legal implications of sexual misconduct within educational institutions. This is a pressing issue as schools are responsible for ensuring a safe environment for students, and when they fail to protect students from abuse, they may be held liable under federal law. The case of Doe v. Taylor Independent School District highlights the complexities involved in navigating these legal responsibilities and the rights of students under Title IX of the Education Amendments Act of 1972, which prohibits discrimination based on sex in federally funded education programs.

Case Summary

Name of the Case

Doe v. Taylor Independent School District, 15 F.4th 486 (5th Cir. 2021)

Court

United States Court of Appeals for the Fifth Circuit

Issue

The core issue in this case was whether school officials violated a student’s constitutional rights by failing to take appropriate action in response to allegations of sexual abuse by a teacher.

Summary of Events

In 2018, a high school student identified as Jane Doe alleged that her teacher had engaged in inappropriate sexual conduct with her. Following the incident, Doe’s mother reported the allegation to school officials, including the principal and other administrators. Despite being aware of the allegations, the school officials failed to take any immediate action, allowing the teacher to remain in the classroom and potentially abuse other students.

As a result, Doe and her mother filed a lawsuit against Taylor Independent School District and various school officials, claiming that their inaction constituted a violation of Doe’s rights under Title IX and deprived her of her constitutional right to due process.

Ruling

The Fifth Circuit Court held that the school officials were liable for their failure to act on the allegations. The court ruled that the officials had a clear duty to protect Doe from harm and that their deliberate indifference constituted a violation of her rights. This ruling reinforced the importance of timely action by school authorities in response to reports of abuse, emphasizing that failure to do so can lead to significant legal consequences.

Opinion on Court’s Decision

I agree with the court’s decision in Doe v. Taylor Independent School District. The ruling underscores the responsibility educational institutions have in safeguarding their students from potential harm. When school officials are informed about allegations of sexual misconduct, their duty is not only to investigate but also to ensure that such allegations are taken seriously and addressed promptly. Deliberate indifference to student safety can lead to further victimization, as seen in this case where the delay in responding allowed continued abuse to occur. The decision serves as an important precedent in enforcing accountability within educational systems regarding student protection.

Literature Review

Article 1: “Title IX: A Legal Overview” by Linda L. Avallone (2019)

This article provides an extensive overview of Title IX and its implications for educational institutions regarding gender discrimination and sexual misconduct. Avallone emphasizes that Title IX requires schools to take immediate and effective steps to respond to allegations of sexual harassment and assault. The article outlines previous case law that has shaped Title IX’s enforcement, including instances where schools were found liable for failing to investigate claims adequately.

Relation to Topic

This article is relevant because it lays the legal foundation for understanding how educational institutions must respond to allegations of misconduct. It highlights the obligations schools have under Title IX, which is central to the analysis of Doe v. Taylor Independent School District.

Article 2: “The Impact of School Climate on Students’ Rights” by Michael J. Karp (2020)

Karp’s article explores the relationship between school climate and students’ rights, particularly focusing on how a positive school environment can mitigate incidents of discrimination and harassment. The article discusses how schools can implement policies that foster a safe environment for all students, emphasizing the importance of training staff on recognizing and responding to allegations of abuse.

Relation to Topic

This article supports the argument that proactive measures within educational institutions can significantly reduce instances of sexual misconduct and improve student safety. It is pertinent to the discussion surrounding the Doe v. Taylor Independent School District case, as it aligns with the idea that schools must not only react to incidents but also create an environment where such behaviors are less likely to occur.

Laws and Regulations

Law: Title IX of the Education Amendments Act of 1972

Title IX is a federal law that prohibits discrimination based on sex in any federally funded education program or activity. It mandates that schools must take immediate action to address complaints of sexual harassment or assault, ensuring that victims have access to resources and support.

Application to Topic

Title IX is directly applicable to the topic of student rights and protection from sexual misconduct in educational settings. In Doe v. Taylor Independent School District, the court’s ruling was heavily influenced by Title IX’s requirements for schools to provide a safe learning environment free from sexual harassment. The law underscores the duty of educational institutions to protect students actively, reflecting the broader implications for how schools must structure their policies and responses when faced with allegations of misconduct.

This analysis provides a comprehensive overview of a pertinent legal case related to education law, summarizes relevant literature, and examines a major federal law guiding responses to sexual misconduct in educational settings. Each component contributes to a deeper understanding of student rights within higher education, highlighting both legal obligations and ethical considerations for institutions today.

 

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