In the given situation, EDA has contracted WEA during the design phase of the expansion of these transportation facilities. WEA was the general contractor and decided to hire R&F as a subcontractor for specific duties during the design phase. The issue begins in the construction phase, if EDA were to contract Savmor. Unlike other bidders, Savmore would hire R&F as a sub-consultant. This was seen as unfair to other bidders for the project because R&F was already a sub-consultant during the design phase. This may cause a conflict of interest. Given this text, we believe R&F should not be precluded from working for Savmore or any other contractors. However, this can only be the case under certain conditions. One condition that is required for …show more content…
Ultimately, the motivation behind the “Revolving Door Law” and similar laws is to prevent a company from receiving compensation twice for the same work. So, it is important to determine, whenever a company contributes work, what matters the company participated in by doing said work. Deciding that a company's work constitutes participation in one matter does not necessarily mean that that same work does not constitute participation in a different matter. Participating in one matter could also constitute participation in another matter if the company's work in the first matter is heavily used in the second matter: for instance if the second matter involved assessing or analyzing the work of the first matter. This is portrayed in the Texas Ethics Commission Advisory Opinion 523. According to Texas’s Ethics Commission, they do not “prohibit a former employee of the Texas Department of Transportation from performing services related to a bridge replacement project...unless the services would include a review or analysis of a matter in which the former employee participated as an employee of the agency” (1). As long as the work has no ties and similarities to the earlier work, R&F should be allowed to work according to the TEC. Since R&F is not even the primary contractor, as they are serving as a subcontractor for Savmore, there should be even more lenience applicable to their
In this paper, I will explore the case of 10th Circuit: Employee Fresh out of Drug Rehab Not Protected by ADA Safe Harbor (Harrison & Wager, 2011) and discuss the following questions; The longer an individual refrains from drug use, is it more likely he or she will qualify for ADA protection? In close cases, an employee would be well-advises to consult with and obtain opinions from qualified professionals. Who are some of these professionals? Did the court follow the definition of the ADAA when it stated, “an individual is currently engaging in the illegal use of drugs” if the drug use was sufficiently recent to justify the employer’s reasonable belief that the drug abuse remained an ongoing problem”? Why or why not? And based upon you
The Eighth Circuit Court has raised an intriguing legal and controversial issue by ruling that the State of Arkansas could force death row prisoner, Charles Laverne Singleton, to take antiphychodic drugs to insure he was sane for execution. After research, I found that Singleton remained in the appeals process for twenty-four-and-a-half years because of the 1986, U.S. Supreme Court decision, Ford vs. Wainwright, that ruled execution of the insane is cruel and unusual punishment. The state authorities finally decided to treat the prison inmate based on the 1990, U.S. Supreme Court decision, Washington vs. Harper, that subjects prison inmates with serious mental illness to mandatory anti-psychotic drugs against his
Sylvia Burwell Secretary of Health and Human Services Petitioners vs Hobby Lobby Stores and Conestoga Wood Specialties Corporation vs Secretary of Health and Human Services (U.S 2014)
Sonia Sotomayer: Florida was violating the 6th amendment in sentencing people to death. Although, with each state having different rules about the death penalty, the majority supreme court decision was that Florida was acting in unconstitutional ways and that both a jury and a judge should have the final say in whether or not to send people to death.
Jerry Hargrave, plaintiff, was convicted of the attempted murder of Shirley Mae Gill (the victim), in a trial by the court under Va. Code. 1950 § 18.2-51. The plaintiff and Ms. Gill, his common-law wife, had been drinking in the earlier part of the day in question. Sometime later, they disputed about the plaintiff moving out of the home they shared to begin a relationship with her sister. At which time victim refused to surrender the plaintiff’s property. Following, the plaintiff left the premises, returning shortly after with a rifle in hand standing 10 feet away from victim, and then shooting a bullet into a washing machine that was three feet way from the victim. The plaintiff was sentenced to a term of 4 years in the State penitentiary.
On 08/22/2017 Adrian and his siblings were returned back home of parent, however Adrian was returned under the condition that his parents find suitable placement for Adrian to live. Since Adrian was ordered home of parent, parents have attempted to place Adrian with different relatives, however his stay is only limited in their homes, as the relatives express that they are unable to look after Adrian because they work full time., and Adrian’s behavior are out of control. Family members fear the consequences of caring for Adrian due to his behaviors, and gang affiliation. Adrian has been residing in different family member’s homes, and most recently his parents Mr. and Mrs. Perez are not able to provide CSW
In this instant appeal, Mr. Shoemaker asserts that the circuit court erred by imposing an improper purge provision after finding him to be in contempt, and that the circuit court erred in finding that Mr. Shoemaker would be liable for alimony payments in accordance with the parties’ original separation agreement. We shall address both of these arguments in turn.
President Trump named the Colorado appeals court judge on Tuesday to replace the late Antonin Scalia.
MILLERSBURG — To pay for some necessary improvements at the jail and increasing inmate medical costs, Holmes County Sheriff Timothy W. Zimmerly and the Holmes County commissioners have agreed to do some cost sharing and shifting of revenues from housing out-of-county inmates.
On July 25, 2016, I accidentally dropped my assigned I-Phone 5 at 520 King Street near the Deputy's desk near the entrance of the JD&R Court. The estimated cost for the cellular phone is $200.00
After the case of Ron Engineering, many transformations took place in the contracting laws of tendering. The contracts were given a brand new structuring and implementation which brought more transparency and reliability. The court established Contract A, which had be present prior to the construction contract—which was known as Contract B—where all the parties had beforehand thought was the exclusive contract concerned in the tendering process. Whenever an owner calls for bids, it proposes to enter automatically into a bidding contract i.e., Contract A. The contract automatically becomes a lawfully enforceable agreement as soon as the bidder submits its bid. In case the bidder’s offer is acknowledged, the owner and the bidder both then are contractually compelled by the tendering contract to come into the production contract i.e., Contract B.
In the case scenario presented by Professor Wilikins (2018) ask, “A police officer hears a rumor that Dave is selling illegal drugs out of his house. One day while patrolling the neighborhood, the officer sees Dave walking down the street. The officer approaches Dave and tells him he is worried about him and asks permission to search his house. Dave asks the officer if he must allow him to search his house. The officer responds by telling Dave that if he doesn't, he will go attempt to get a search warrant. Based on this, Dave consents to allow the police officer to search his house, and the officer finds over one hundred baggies of drugs.” The first question is, “Did the officer violate any of Dave’s constructional rights? The according to the Legal Information Institute (2017) the Fourth Amendments says, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause,
Frist of all the judge as no right to decide happy endings for people if both parties are not in agreement with such arrangement or decision; and what the judge should have included is to ask the case worker to supervise the placement of Sandy with her mother, by making sure everything is going well. Also, the judge would have given the other advocates the chances to address their concerns by discussing their investigative research on the case.
About 3 weeks ago, President Obama appointed Merrick Garland, a chief judge in the U.S. Court of Appeals in the D.C. Circuit to the Supreme Court. This nomination followed after the death of Justice Antonin Scalia who was a political icon in the eyes of many conservatives. What used to be a more conservative panel of justices had turned into a 4-4 tie. The problem in this case is that it is likely for all the conservatives to support one side of a case or the same for all the liberals in the panel of the justices. If there is a 4-4 tie, the ruling of the lower court stands and in many ways, this could be unpleasant for those who fought hard for their case. To fill this void, President Obama knew he had to appoint that he believed who would be liked by Democrats and Republicans.
First, the ethical dilemma itself will be outlined. In the construction industry, it is often necessary for an owner or a construction company to enlist the help of other smaller or more specialized companies in the completion of a project. This practice is known as contracting. When an owner or company, referred to as the contractor, wants to contract out for a job, they will list the job and interested companies will bid for the contract. When arriving at a bid amount, interested companies will estimate