Friday, January 24, 2020

College Admissions Essay -- essays papers

College Admissions Essay If someone asked me where I am going to be in ten years, this would be my answer. I will have a great, high-paying job, and beautiful wife and family, and a nice sports car parked in front of my lovely house. When I look into the future, I see myself being successful and happy. Even though I always pictured myself this way, I never worried too much about how I would get there. I feel the Suffolk University can lay the groundwork for making these dreams into reality. Regretfully, when I entered high school I did not realize how hard I had to work to get what I wanted. I went to my classes, did my work, but never really pushed myself to my full abilities. I thought that as long as I graduated with decent grades I would be able to get into college and really focus then. But as high school quickly came to an end I realized that I was not as well prepared for college, as I would have liked. By the time I was a senior I began concentrating more on my studies, and less on other things. Once I started applying myself, my grades improved, and so did my attitude about my education. Senior year flew by before I knew it, and I still had to take my SAT's. I was sick with bronchitis, but had to take them because it was the last available date. I struggled through them, knowing that if I had only not waited until the last minute, I could have redone them when I was healthy. It was too late though, so I was stuck with a score that I was not pleased with. Aft...

Thursday, January 16, 2020

Federal Administrative Procedures

â€Å"While Section 556 refers to the â€Å"burden of proof,† the APA fails to define the term.  Ã‚   Traditionally courts distinguish between the burden of persuasion and the burden of production, although the term, â€Å"burden of proof† is often used loosely to encompass both.Where distinguished, the â€Å"burden of persuasion† indicates which party must satisfy the decision maker in order to avoid losing on a given issue.   In contrast, the â€Å"burden of production, sometimes called the â€Å"burden of going forward with evidence,† refers to which party must initially come forward with evidence on an issue.   At times, while thesedistinct burdens are often borne by the same party, at times one party may have the responsibility to step forth with evidence concerning some issue (burden of production) while the other party maintains the responsibility to satisfy the decision-maker with respect to that issue (burden of persuasion).There are two c ases that are probative on the issue.   The first is NLRB v. Transportation Management Corp, 462 U.S. 393 (1983) which held that the â€Å"burden of proof† in 556 (d) refers only to the â€Å"burden of production†.The second case, Director, Office of Workers’ Compensation Programs v. Greenwich Collieries, 512 U.S. 267 (1994) reached an opposite conclusion and broke with long-established holdings and the first case, to define that, â€Å"burden of proof† and â€Å"burden of persuasion† are the same and opposite from the â€Å"burden of production†.In the case of EES however, since a federal agency issued the license in the hearing, the federal APA will apply procedures consistent with the procedures established by case law:   the agency has the â€Å"burden of proof† (also, the â€Å"burden of production†) and must come forward with the proof of the issue.   The EES then has the â€Å"burden of persuasion†, and must come forward with evidence that outweighs the agency’s. evidence.2.   Requesting an Administrative Judge under the Florida Administrative Procedures ActThe EES’s request for an administrative law judge would be in response to an initial ruling in the agency’s favor.   Robert C. Downie II   in his article, â€Å"Florida Administrative Procedures Act remedies survey† (Downie II, 2003), explains that a request for an administrative law judge is a challenge to any initial ruling in favor of the agency (which is analogous to our case: the EES seeks to challenge the agency’s decision.In his article Downie II also states that according to Fla. Stat. section 120.569(2)(a):â€Å"All rule challenges are filed at the Division of Administrative Hearings (DOAH) and are assigned to an administrative law judge (ALJ) for a formal evidentiary hearing. A hearing is essentially a non-jury trial. Following the hearing, the ALJ will issue the final order, which may be appealed to the appropriate district court of appeal.Generally, a rule can be challenged on three basic grounds, or any combination thereof: procedural errors, lack of authority, and substantive deficiencies. These grounds collectively are referred to as â€Å"invalid exercises of delegated legislative authority.†3.  Ã‚  Ã‚  Ã‚  Ã‚     The Fairness of the Hearings Process:   Differences between Federal APA andFlorida APAAccording to the federal APA there is a series of steps to determine if adjudication is required.   They are as follows: § 554(a) – The Test: Formal adjudication only required when the agency’s statute requires determination on the record after a hearing. * If so, use  § 556-57.   Then, after determining that formal adjudication is required, certain procedural rules come into play, which according to  § 554 requires the use of procedures typically used at trial.Notice.  § 554(b) Opportunity to reach a settlement.  § 55 4(c)(1) Must be conducted in accordance with  § 556 and  § 557.  § 556 – Addresses the hearing procedures; authorizes use of ALJs ( § 556(b) – (c)) and places the B/P on the agency. Any decision must be based on the evidence in the record.  § 556(d) Also, agency decisions of fact in formal   APA proceedings are reviewed under the substantial evidence standard.   This means that the reviewing court will only hold an agency’s actins unlawful in six instances, when based on a review of the facts the court finds the agency’s actions have been:(1)  Ã‚   unlawfully withheld or unreasonably delayed; and (2)   conclusions found to be— (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity; (C) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; (D) without observance of procedure required by law ; (E) unsupported by substantial evidence in a case subject to sections 556 and 557 of this title or otherwise reviewed on the record of an agency hearing provided by statute; or (F) unwarranted by the facts to the extent that the facts are subject to trial de novo by the reviewing court.In making the foregoing determinations, the court shall review the whole record or those parts of it cited by a party, and due account shall be taken of the rule of prejudicial error.   APA  § 706However, in contrast as we’ve seen under Florida’s APA, adjudication is required in three circumstances (procedural errors, lack of authority, and substantive deficiencies), at the request of the party who seeks to appeal the decision. 2. Fairness in the Administrative Procedures:   Florida’s APA v. The Federal APAI think the Florida’s APA is much more fair than the federal APS because it allows for review of a broader range of issues, while the federal APA has narrowed the range of issues that it will review regarding an agency’s decisions.  Ã‚   In effect, I feel that the difference allows for bias in favor of limiting the review of agency decisions.   Further, there is one other way in which the ability to review agency decisions, is biased to favor the agency according to the federal APA, which has to do with the scope of judicial review that the agency must withstand:   the scope of the judicial review of an agency’s decisions depends on the agency’s choice of procedures.References Asimow, Michael. (2003).â€Å"A Guide to Federal Agency Adjudication,† American   Bar Association .   Retrieved February 23, 2009, from Google books.Downie II, Robert C. (2007). â€Å"Florida Administrative Procedures Act remedies survey†Ã‚   Retrieved February 23, 2009, from  Ã‚   http://www.floridabar.org/DIVCOM/JN/JNJournal01.nsf/4f0361bef4af101e85256f4e

Tuesday, January 7, 2020

Immigration Reform Of The United States - 1245 Words

Historically, immigration as a percentage of the United States population has been far higher in previous years compared to where it is now. Even as far back as 1870, the foreign-born population of the US was 5,567,229 while the US population was 38,558,371, meaning that immigrants were making up approximately 14.4% of the US population. Calculating the immigration percentage in the same way, it was 13.3% in 1880, 14.7% in 1890, 13.6% in 1900, 14.6% in 1910, and 13.1% in 1920, the last year before the first immigration quota acts were passed (US Census Bureau). During those years in which foreign-born population was steadily 13-15% of the US population, the US saw some of its largest economic and industrial growth ever in a period known as the Gilded Age (Jones). Proponents of comprehensive immigration reform would then say that if we want to see economic growth similar to that time period, we should then allow immigration at a similar rate, which would have a huge benefit on America n society. There is no doubt that immigration has been extremely beneficial for American society; almost all people here are immigrants; however, some who oppose comprehensive immigration reform would argue that at this point in American society it is more beneficial for our economy to limit immigration and allow our economy to flourish by using the people who are already here; however, many economists would say that this is simply not true. Doug Bandow, a writer for Forbes, a leadingShow MoreRelatedImmigration Reform : The United States1312 Words   |  6 PagesImmigration reform is one of the most controversial topic in the U.S. The Democrats and Republicans are having a tug of war over finding a solution to allowing illegal immigrants grant citizenship and allowing their families to stay in the this country. Just last month, President Obama had a televised executive decision talking about immigration reform. President Obama discussed how the executive decisions like providing l egal status and work permits for more than 5 million immigrants, making theRead MoreImmigration Reform Of The United States1641 Words   |  7 PagesTutor: Institution: Immigration Reform ​Immigration is defined as the act of leaving your country of origin and going to another different one to stay there permanently (Dictionary.com). Reasons, why people escape or leave their original countries, are varied; ranging from war, poverty, natural occurrences such as earthquakes while others just take the step for fun purposes. A reform is a change from the way things were done originally and make them better. Therefore, immigration reform is a term thatRead MoreImmigration Reform Of The United States1397 Words   |  6 PagesIn 1986, the United States enacted The Immigration Reform and Control Act which made it illegal to hire illegal immigrants. This is by far the biggest reform made in recent history. Immigration reform is simply making changes to a country’s immigration policies for the better. It has been a huge and controversial topic since 1986 and even more so when President Obama proposed a reform himself in 2009. According to Obama, this reform w ould improve border enforcement, be stricter on visa overstaysRead MoreImmigration Reform Of The United States1508 Words   |  7 Pagescome to the United States of America for better opportunities, such as employment and reuniting with family. These people are immigrants. However, many people immigrate illegally, meaning they do not comply with proper protocol for becoming a U.S. citizen. Throughout the history of America, reformation of immigration policy has already been implicated in federal law. Presently, immigration reforms are being considered to make it easier for foreigners to start a new life in the United States of AmericaRead MoreImmigration Reform Of The United States1516 Words   |  7 Pagesâ€Å"Pelosi said, It is more important to pass comprehensive immigration reform, to me and to my caucus, than to win the election in November† (Foley, 2014). That was what Joe Garcia was trying to accomplish with his policy H.R. 15. The policy did not improve the sponsor’s chances of being reelected because his ideas in the spectrum were more towards the liberal side than the conservative. As Florida being a red state, a Republican candidate won the election. It came down to what party the candidatesRead MoreImmigration Reform : The United States2057 Words   |  9 PagesImmigration Reform In the United States, citizens are very familiar and concerned about the topic of the Immigration Reform. Based on the research report from Senior Research Associate Pew Hispanic Center, Jeffrey S. Passel predicted around 11 million or more undocumented immigrants in the US in March 2005, which existed more than 6.5 million undocumented Mexicans, up to 57% of the total undocumented population and the Latin American countries are occupied by another 24%. (Passel, 2005) FurthermoreRead MoreThe United States Immigration Reform817 Words   |  4 Pages Astou Sow Immigration reform The United States Immigration Reform is specifically targeting the problem of 12 to 20 million undocumented workers in the United States. How would you trust and come out of the shadows if at any point the government changes their minds and deports you. As an immigrant there was times when I felt like I would be deported because of fear from how I got into this country. My dad would always blackmail me and my sisters to do what he wants or he would deport us and heRead MoreImmigration Reform Of The United States1977 Words   |  8 PagesImmigration Reform Has Been a hot topic lately, President Barack Obama has recently used his power of executive order to give protection to some 5 million undocumented immigrants living in the United States. The program protects about 5 million immigrants from deportation, and allows them to stay and work here legally. There has been a lot of opposition; republicans believe that the president’s action is unconstitutional, and that the presiden t is usurping power from Congress. What the PresidentRead MoreImmigration Reform Of The United States2199 Words   |  9 Pages2011, it was calculated that over 40 million immigrants lived within the United States (figure 1-1). Among those forty million individuals, a reported 11.1 million are illegal (figure 1-2)1. It is clear that we need to create a plan of attack to address this large number of people living in this country illegally. There are essentially three avenues that we could travel down in order to complete this task. Either the United States could provide an easier path for citizenship for these people, or we couldRead MoreImmigration Reform Of The United States1476 Words   |  6 PagesCade Street Mr. Marx CP Gov. March 6, 2017 Immigration Reform Unlawful immigration has been a broadly inspected subject in government issues in the US. Some deal with the fact that foreigners are fundamental as they take the occupations Americans don t wish to take, and that they accordingly ought to be offered consent to remain in the nation. Others in any case, are of the assessment that they ought to be extremely turned down seeing as what they are doing is unlawful, contending that the illegal