Essays should be 4-6 double-spaced pages. They should be written using only lectures and reading materials provided on Moodle. Identify the sources for specific facts, concepts, and quotes by simple parenthetical references. Since you are only to use class materials, the instructor should easily be able to identify the source.
For the essays, you cannot “cut and paste”. Use the materials from class only and be sure to provide a simple reference, such as (Powerpoint) or (Library of Congress).
Answer all parts of the chosen question. Demonstrate that you have reviewed and understand any relevant information in that section’s materials.
When useful to the answer, incorporate details such as case names, author’s names, facts, and particularly specific terms or jargon important to that subject.
The essays should be thematic. Sentences should be complete.
ESSAY ON SECTION 8: GOVERNMENT LIABILITY
Always address each part of the question. Always include specific details, terms, and cases that properly fit into the analysis.
Scenario: You receive a call from Reverend Bea Openminded. Openminded managed the lovely Church of the Flying Spaghetti Monster on the banks of the North Fork of the Santiam River, east of Salem. Recently the good reverend was at the church and heard a tremendous roar and felt a rush of air coming from upriver. Instinctively, she ran up to the road. She then turned around to see a wall of water push through the canyon clearing all the cars, buildings, and(presumably) people before it.
Evidently the damn managers from the US Corps of Engineers that runs Big Cliff Dam had taken a calculated risk that it could hold more water. Their effort to be ready for a drought led to this disaster.
After the flood, Marion County declared it would waive permit requirements for property owners to enable a faster rebuilding in the flood zone. When Reverend Openminded started building her replacement church, however, the county building inspector said that she must stop. The inspector said the county would only allow “proper” religions to re-build in that area.
Time for a lawyer …. So she calls you.
After noting that you only have had one undergraduate class in Administrative Law, you agree to answer her questions to the best of your ability.
Reverend Openminded asks you this:
1. What are the rules on suing the federal government and the incompetents* who made the decision to try to store the extra water? Can I sue the Corps of Engineers and its individual employees?
2. What possibilities are there to sue the state of Oregon and Marion County for not allowing me to re-build my church?
3. In your personal opinion, is the basic system of government liability fair? Why, or why not?
*Please note the Corps has really good people and Openminded is not being fair labelling them this way.
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