Critical Thinking and Applications Problems
Critical thinking and Application Questions
After the initial establishment, the Bureau of Deer Preservation(BDP) would function as a regulatory agency. Prohibiting deerhunting, overseeing enforcement of law and fining law violators areresponsibilities of a regulatory agency (Hall, 2014). If the law weremodified as suggested, BDP would function as a social welfare andregulatory agency. The regulatory roles of the agency will includeestablishing kill limits, providing licenses to deer hunters andcreating hunting season regulations. The company will play the rolesof social welfare agency through redistributing revenues to thelocals and waiving fees and kill limits for some of the nativehunters (Hall, 2014).
Gonzalez v. Reno, 212 F.3d 1338 (11th Cir. 2000)
Oneof the plaintiffs in the case was an alien aged six years calledElian Gonzalez. Elian was lucky enough and was rescued by a fishermanfrom a boat that capsized and killed everybody else including hismother. He was taken to Florida and kept in the custody of his unclecalled Lazaro Gonzalez. Elian and Lazaro made an application forasylum, but it was rejected by Immigration and Naturalization Service(INS) on the basis that Elian did not have the capacity to make suchas application, and only his father had the authority to do so. Bythen, Elian’s father was living in Cuba. Elian and Lazaro filed acomplaint in a District Court in Florida alleging that the decisionto deny Elian asylum violated Fifth Amendment and Immigration andNationality Act of 1996. The district court ruled that INS made areasonable decision. An Appellate Court confirmed the decision madeby the District Court afterward. The issue that addressed in the casewas whether or not a non-relative can make asylum application onbehalf of a minor without express wishes from the parents of thechild. The two courts ruled that the INS had the discretion to makeits policy regarding Elian`s issue since there was a lack ofappropriate preexisting law focusing on that matter. Also, the courtsruled that the decision made by INS did not violate Fifth Amendmentand Immigration, Nationality Act of 1996 and any other statute.
The case of Jane
Consideringthat she works at a state agency, Jane is entitled to healthinsurance just like other state workers. The state agencies arerequired to adhere to the federal laws that prohibit any form ofdiscrimination at work based on factors such as gender, age andreligion. The Employee Retirement Income Security Act requires statesto inform the employees about their eligibility to health insuranceand other employment benefits and their rights to waive the benefits(United States Department of Labor, n.d). Jane was not giveninformation about her rights in relation to health insurance. Thus,she had not waived the health insurance benefits by the time she gotinvolved in an accident. In this regard, Jane can succeed in suingthe state to pay her medical bills as required by law. Also, theFamily and Medical Leave Act (FMLA) requires state agencies and otheremployers to grant employees leave for treatment when they developany serious health condition (United States Department of Labor,n.d). The employee has an obligation to inform the employer about thecondition. Thus, Jane was entitled to a medical leave after she wasinvolved in an accident. Her husband informed her supervisor aboutthe accident, implying that Jane made fulfilled her obligation ofinforming her employer. Since Jane was qualified to be granted leave,she is entitled to be restored to her job or an equivalent job by heremployer, as required under FMLA. In this regard, Jane can stillsucceed in suing her employer to restore her to her job.
Gonzalezv. Reno, 212 F.3d 1338 (11th Cir. 2000)
Hall,D. E. (2014). Administrative Law: Bureaucracy in a Democracy.New Jersey, NJ: Prentice
UnitedStates Department of Labor (n.d). Family and Medical Leave Act.Retrieved from