Law as the “bramblebush

A famous legal theorist some 80 years ago characterized law (be it common law–judge made, or statutes–made by legislatures, Congress, school boards, city councils, etc) as the “bramblebush.” In other words, a sticker bush, nettles, a hedgerow maze. Not very pleasant but true. As you read the Middleton & Lee text and Modules you are experiencing this as a student first hand. The key is you have GOT to get hip-deep into Chapters 2 and 3, reading the end of section summaries first, so you can get the big picture, see the forest from the trees. Then, please go back and read about the trees. That seems to be the best way to absorb and digest this stuff. Whether its how or when a college or high can censor or regulate a student site, or if the Ferguson cops can harass, even threaten journalists at gunpoint, the First Amendment is indeed a nest of thorns.

More bad news? It’s subject to the views or agenda of individual judges — and the politicians who appoint them. Or our own irrational passions and prejudices.

These might help you exercise your brain as you work through chaps 2 and 3:

SKILL-BUILDING EXERCISE #1

Required response.

Hypothetical: Jim Jinx is a washed-up rock and roller from the 70s; they sometimes let him come to the MTV VMA’s for free as grudging homage to his long past career. Truth be told he was a drunk and a druggie asshole back than; he’s clean and sober now and host of a syndicated (meaning someone else owns and produces the content, then by agreement its distributed to various media outlets) national radio show called “Freedom Rocks!” Jinx typically has on strippers, porn stars, friends who have gone in and out of rehab, assorted freaks and characters…who create and uneasy mix of guests with Second Amendment (gun) activists, anti-government (anti Obama) protesters and various others of that stripe. His primary demo is bifurcated: white males ages 18-24 (though anecdotally it seems he has many ages 13-18), and white married males ages 45-56. From the call-ins and comments on the show companion site and podcasts, its clear Jinx has a small but fanatical following.

One day he’s on the air talking about the coming “race war” due to events in Ferguson, Missouri and railing against Attorney General Eric Holder. Here’s a transcript of what he says:

J. JINX: Let’s send them a message. The first one of you listeners who sends me proof that you’ve banged the biggest loudmouth black power or white feminist chick, who is constantly calling you, a law abiding patriot, a scumbag for the rightful actions of our brave cops, you will win a date in Vegas with our frequent guest and my bestie from Vivacious Videos XXX, Slippery Susan. 3 days, 2 nights, airfare and meals—yum—included, at my year-round reserved suite at my bud ‘The Donald’s’ new Vesuvius Casino & Resort. Send a video, panties, whatever. Preferably against her will or if she’s knocked out…you get extra point for that . I don’t care whether she’s some bee-yotch in your homeroom or the school cafeteria, some affirmative action babe at your college college, some lazy home girl or pig at work, or somebody you stalk on the subway. Hahahahaha. Surprise me!”

Assuming there isn’t a prior restraint issue, what might be the interplay of these terms: incitement and clear and present danger? Discuss the terms and name the cases from which they sprang, what the basis of them are/ “elements” (ie, like the elements of murder are (1) a dead body—corpus delecti, (2) causation and (3) intent to kill) and do they basically “merge” today if we want to censor Jinx?

SKILL-BUILDING EXERCISE #2

Optional response.

Take a look at this graphic

What do you make of this? Any surprises–especially given that some of these SCOTUS justices claim that everything they do is to “strictly” follow the letter of the US Constitution?

Sample Solution

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Data Analytics Project Proposal

Identify a problem or an opportunity from your choice of four scenarios with accompanying data sets in Chapters 5, 8, 9, or 10 in your Data Mining for the
Masses resource. Then craft a data analytics project proposal that leverages data analytics, evaluates the current use of data, and highlights recommended tools
with the ultimate goal of improving business value. Remember your audience as you craft your proposal.
Specifically, the following critical elements must be addressed:
I. Introduction
A. Background: Describe the context and environment of the organization and analyze how the company is currently leveraging data analysis and
analytics tools to make decisions.
B. Data Sources: Evaluate the data sources the organization is currently using for their benefits and limitations in meeting the goals the data is
currently being used for. In other words, is the currently used data appropriate for its current usage? Why or why not?
C. Data Needs: Analyze the various sources of data available to the organization or the data the organization could potentially begin collecting that
could add business value. In other words, what data (existing or potential) could provide a benefit to the organization you chose to focus on, and
how?
D. Data Analytics Initiative: How can you exploit data analytics to add business value or uncover new opportunities? Identify the opportunity for a
data analysis initiative that could provide additional business value to the organization, and explain. (You do not necessarily have to solve a
problem or fill a gap within the organization. Instead, you could identify a new initiative that improves or adds valuable insight or information to
the organization for decision making.
II. Proposal
A. Goals: What are the goals of this initiative? How do they align with the organizational mission? And how do you plan to measure success? Be sure
to consider the progress and pathway for data analytics projects of the type you chose to propose.
B. Data Analytics Life Cycle: Apply the data analytics life cycle to your proposed initiative, and walk your audience (management) through the life
cycle as it applies to the initiative.
C. Value of life Cycle: Based on your application of the life cycle to the initiative, analyze how the life cycle will help you infer predictability,
performance, quality, and security of your initiative and its results.
D. Data: Evaluate the existing or desired data for its applicability to your proposed data analytics initiative. In other words, what are the benefits and
limitations of the current data for the use you have in mind, including potential collection and security implications?
E. Tool Applicability to Initiative: Assess the current data analytic tools for their applicability to your initiative. In other words, how well will the
existing tools and technology in place work with your initiative?
F. Tool Applicability to Data: Assess the applicability of the existing tools for the data you have or will have, based on your analysis of the
characteristics of that data. In other words, how fitting are the existing tools for the data, considering the various forms the data may take?
G. Tool Recommendations: This course covers many analytic tools and technologies, including their benefits and limitations for various uses and
data. Recommend two tools that are not already used and could reasonably be applied to your initiative. Assess the applicability and value of
these tools as they relate to your available and planned data and the goals you have established for the initiative.
III. Conclusion
A. Value: Determine the value of applying data analytics to this company or business based on your analysis of the value of the initiative you
proposed. In other words, describe the benefit of using data analytics to meet the goals, needs, or opportunities of your company, and derive
actionable insight.
B. Insights: Communicate the insights you gained from your analysis of the initiative, the data, and the data analytic tools and technology you
explored with management. How are these insights potentially beneficial to the company, the industry, and the company’s future? How are they
beneficial to your future as an analytics professional?
IV. Communication
Your submission will be assessed according to the content, the logic of your explanations and analysis, and the evidence of your gained knowledge. In the
professional realm, however, the communication of ideas is also important. Therefore, your submission will also be assessed on the way your ideas are
presented to the audience (in this case, the management of the selected company). Remember that management may not have the same level of data
knowledge that you do, particularly with the use of specialized language.
A. Visualization: Effectively communicate your insights and conclusions using appropriate visualizations and depictions of data possibilities.

Sample Solution

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The role of a human resources manager for an airline or airport

Assume the role of a human resources manager for an airline or airport. As the human resources manager, you are responsible for recruiting and hiring a qualified workforce. For this assignment, you will prepare a briefing identifying and supporting the necessary qualifications, certifications, and attributes of one of the following aviation positions:

pilot
maintenance technician
avionics
dispatcher
air traffic control
Your presentation must include a minimum of five slides but no more than eight, not including the title slide or reference slide. It must have embedded audio and include speaker notes.

Keep in mind that as a minimum your presentation must:

Identify the job description for the position.
Explain the criteria needed for the position.
Explain the privileges of certification in this position.
Defend the importance of minimum qualification and certification standards for the position.
Include a reference slide.

Sample Solution

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Beowulf

Choose one fight, one digression, and one cultural element of Anglo-Saxon culture
Analyze how the fight and digression represent the culture

Sample Solution

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