Explain and discuss David`s presentation at the symposium -law

Explain and discuss David`s presentation at the symposium -law

David is law professor at the University of Chicago. The American Bar Association (“ABA”) invited David to its annual symposium in New York City on Administrative Law. The ABA scheduled the symposium for December 24th. David planned to stay in New York the night of the symposium and return to Chicago the next day. He, therefore, reserved a room at the Grand Hyatt Hotel in Manhattan. He booked a 5:30 am flight on American Airlines, from Chicago to New York City.

David arrived at Midway Airport in Chicago on December 24th at 4:59 am. Within a few minutes, he picked up his ticket and boarding pass. When David reached the security checkpoint, he noticed a long line of people waiting to clear the security checkpoint.

The employees from a Federal agency, the Transportation Security Administration (“TSA”), staffed the security checkpoint. The TSA agents checked for identifications, tickets, and boarding passes. They also guided passengers and their baggage through the scanning machines, and they manually checked some of the baggage. The scanning machines and the TSA agents checked for items that were not allowed on the airplanes.

Initially, David waited patiently, but his patience soon turned to fidgeting and aggravation. David realized that the line was moving slowly and there was a possibility that he would miss his flight. When David arrived at the point to be checked, a TSA agent, Ken, noticed that David was sweating and fidgeting.

Ken manually checked David’s bag. When Ken opened the bag, he noticed a metallic object with a sharp point on one end. Before David could explain that the object was a laser pointer that he had planned to use during his presentation at the symposium, Ken detained him.

Ken locked David in a room at the airport for three hours. During this time, no one asked David to explain the object. During this time, however, the TSA agents cleared the security checkpoint of passengers and examined David’s checked baggage and the metallic object taken from David’s baggage.

At the end of the three-hour period, Ken entered the room and told David that he could leave. Ken had concluded that the object was a laser pointer and it would not cause any harm to the airline passengers or crew. However, because of the three-hour detention, David missed his flight, and he missed his opportunity to make his presentation before the Administrative Law Symposium.

Based on comments from Ken before and during the detention, David believes that he was detained because of his race. David wrote a letter to the TSA complaining about the three-hour detention. Upon further inquiry into Ken’s activities, the TSA discovered that Ken had only detained African-American passengers over the past two years. David is an African-American. The TSA terminated Ken because the TSA investigation found that he had discriminated against passengers based on race.

You are a paralegal at the law firm that has represented David in the past. Your supervisor has asked you to prepare two documents.

First, draft a request for information to the agency. The request must comply with the requirements of the Freedom of Information Act. (FOIA)

Second, draft a brief memorandum that explains why your request complies with the FOIA.

The brief memorandum cannot exceed two paragraphs

bric Name: Rubric for LGST Skill Exercises – 4 pts each – Spring 2018

Criteria

The law and/or other sources used are highly relevant to the legal issue or topic, with a solid reliance on persuasive sources, and/or if a legal issue statement is requested, it identifies clearly and concisely the key issue(s).

Points available: .81  – 1

Reflects evidence of analysis and critical thinking beyond the requirements

Points available:  .71 – .8

The analysis and critical thinking is consistent with the requirements

Points available: .61 – .7

The analysis and critical thinking reflected did not meet the requirements

Points available 0 – .6

 

The legal analysis extends beyond consideration of a primary legal test/standard to include alternative legal theories, using clear reasoning.

Points available: .81 – 1

The legal analysis incorporates an application of the facts to all required legal elements of a given claim/defense/standard, using clear reasoning.

Points available: .71 – .8

The legal analysis incorporates an application of the facts to most required legal elements of a given claim/defense/standard, using clear reasoning.

Points available: .61 – .7

The legal analysis does not at all or does not sufficiently include an application of facts to required legal elements of a given claim/defense/standard, or does not present clear reasoning.

Points available 0 – .6

 

Organization is relevant to topic or nature of the assignment, clear and understandable with a logical flow that is easy to follow

Points available: .41 –  .5

Organization is clear and does not distract from the substantive content.

Points available: .36 – .4

Organization presents some minor distractions from the substantive content.b

Points available: .31 – .35

Organization lacks relevance, is unclear, difficult to understand, or logic is missing that causes distraction for the reader.

Points available 0 – .3

 

The assignment is formatted exactly as required, all assertions of law or other types of information not commonly known are supported by citations, and the citations are properly formatted and complete.

Points available: .81 -1

 

The assignment is formatted as required with minor/ inconsequential deviations, most assertions of law or other types of information not commonly known are supported by citations, and majority of citations are properly formatted and complete.

Points available:  .71 –  .8

The assignment is mostly formatted as required, some assertions of law or other types of information not commonly known are supported by citations, but some citations are missing, and/or some citation formatting errors are evident.

Points available:  .61 – .7

The assignment is missing major elements, assertions of law or other types of information not commonly known are not supported by citations and/or the citation format is not used or contains several errors.

Points available 0 – .6

 

No or minor grammar or spelling errors, with appropriate use of writing tone.

Points available:  .41 -.5

A few minor/inconsequential mistakes in grammar, spelling and/or tone.

Points available:  .35 – .4

Some, but acceptable mistakes in grammar, spelling and/or tone.

Points available: .31 – .35

Several mistakes evident in grammar, spelling and/or tone.

 

Points available 0 – .3

 

Overall Score

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