PRLS 614 Syllabus (Course Description & Requirements)
http://mason.gmu.edu/~jkozlows/614syl.docx
August
31 through September 7
Introduction, Legal Research on Lexis/Nexis,
Search
Article Archive for Issues of Interest: http://mason.gmu.edu/~jkozlows/lawarts/artlist.htm
HOW TO RESEARCH AND ACCESS COURT OPINIONS ON LEXIS/NEXIS
ACADEMIC
Link to
Video Lecture (outdated) on YouTube:
http://www.youtube.com/watch?v=Kh5sLRSXjwM
Memo due on September 14 for Issue One: Copyright
Liability Unlicensed Music in Public Parks & Recreation
HyperLinks
to Readings in Blue
Director
Inquiry: “Do we need to have a license and pay for music played at our
facilities? Any type
of music? Radio?”
Blanket Agreements License Government Music
James C. Kozlowski.
Parks & Recreation. Mar..
2008. Vol. 43, Iss.3.
Federal Counsel Responds to NRPA ,
Clarifies Copyright Music Public Park Exemption
James C. Kozlowski Parks & Recreation . Feb 1992. Vol. 27, Iss . 2;
p. 14 (7 pages)
New federal law enlivens
copyright controversy.
James C.
Kozlowski.
Parks & Recreation March 1983 v17 p20(3)
Public recreation liability
under 1976 copyright law uncertain.
James C. Kozlowski. Parks & Recreation
March 1983 v17 p30(3)
Radio Music Copyright Liability--Private Home or
Commercial Sound System?
James C. Kozlowski Parks & Recreation . Dec 1991. Vol. 26, Iss . 12;
p. 14
Music Theater Denied Not-For-Profit, Fair Use
Copyright Exemptions
James C. Kozlowski Parks & Recreation . Nov 1991. Vol. 26, Iss . 11;
p. 24
Memo due on September 21 if Issue 2 is chosen:
INDEPENDENT CONTRACTOR TAX & NEGLIGENCE LIABILITY
Director
Inquiry: “Do we need to withhold state and federal taxes from the money we pay
our program instructors, like personal trainers, martial arts instructors? Are we liable if one of the participants gets
hurt in one of the instructors’ programs or activities?”
INDEPENDENT
CONTRACTOR OR EMPLOYEE FOR FEDERAL EMPLOYMENT TAX http://mason.gmu.edu/~jkozlows/tax1.htm
No Liability for Independent Contractor
Negligence
James C. Kozlowski, Parks &
Recreation, Dec. 2013 Vol. 48, Iss. 12
Control Test Defines Independent Contractor or
Employee Sports Official
James C. Kozlowski Parks & Recreation . Apr 1992. Vol. 27, Iss . 4;
p. 22 (5 pages)
Memo due on September 28 if Issue 3 is chosen: CONTRACT LAW
Director
Inquiry: “Do we have to have competitive bidding for all our purchases and
contracts? Must we take the lowest
bid? Can we use contract law to limit
our liability exposure?”
Statutes dictate public contracting requirements.
James C. Kozlowski. Parks & Recreation Oct 1982
v17 p28(7)
Park Garbage Bag Competitive Bid Contract
James C. Kozlowski. Parks &
Recreation. Feb.. 2010
Vol. 45, Iss. 2
Competitive Bidding “Fairness” in
Concession Contract
James C. Kozlowski, Parks &
Recreation, Sep 2015 Vol. 49, Iss. 9
Safety Review Not Specified in Contract
James C. Kozlowski. Parks & Recreation.
Jul.. 2008. Vol. 43, Iss.7.
Swim Event Agreement Indemnifies City’s Negligence
James C. Kozlowski, Parks &
Recreation, Sept. 2011 Vol. 46, Iss. 9
Memo due on October 5 if
Issue 4 is chosen: GENDER DISCRIMINATION & SEXUAL HARASSMENT
Director Inquiry “What’s
sexual harassment? What should we do
about it? Is it illegal to treat women
and girls differently than men and boys?”
Recreation
Supervisor Gender Discrimination
James C.
Kozlowski. Parks & Recreation. Aug 2006. Vol. 41, Iss.8.
Constitutional
Test For Gender Discrimination In Public Facilities
James
C. Kozlowski. Parks & Recreation . Mar 2002. Vol. 37, Iss. 3
Girl Banned From
Privately Sponsored Boys Basketball Tournament
James
C. Kozlowski. Parks & Recreation.
Mar 2000. Vol. 35, Iss . 3
Sexual Harassment
City
Responds Appropriately to Sexual Harassment Claim
James C. Kozlowski. Parks & Recreation. Jun
2005. Vol. 40, Iss. 6.
City
Failed To Prevent Sexual Harassment By Lifeguard Supervisors
James C. Kozlowski. Parks &
Recreation. Sep 1998. Vol. 33, Iss . 9; P. 63 (6 Pages)
Psychological
Injury Not Required For Sexual Harassment In "Abusive Work
Environment"
James C. Kozlowski
Parks & Recreation .
Jan 1995. Vol. 30, Iss . 1; p. 22
Memo due on October 13 if Issue 5 is chosen:
NON-RESIDENT DISCRIMINATION
Memo
prep notes non resident example
Memo prep non resident
example YouTube video
https://www.youtube.com/watch?v=LTPHXa1DW0E
Director Inquiry: “Can we treat non residents
differently than residents? Ban non residents from using recreational facilities? Charge non
residents?”
Field Use Policy
Favored Residents
James C.
Kozlowski. Parks & Recreation. May. 2008.
Vol. 43, Iss.5.
Equity in Latino
Neighborhood Parks Questioned
James C.
Kozlowski. Parks & Recreation. Jan. 2008. Vol. 43, Iss.1.
Can Town Restrict
Public Park Access To Residents And Their Guests?
James
C. Kozlowski. Parks & Recreation . Oct 2001. Vol. 36, Iss. 10
Validity
of nonresident and other discriminatory regulations in municipal recreation.
James C. Kozlowski.
Parks & Recreation March 1982 v17 p28(4)
Residency Policy Racial Discrimination Claim
James C. Kozlowski, Parks & Recreation, Jan. 2015
Vol. 49, Iss. 1
Memo due on October 19 if Issue 6 is chosen:
Americans with Disabilities Act (ADA)
Employment Issues
Director Inquiry: “What do we need to know to comply
with the ADA in hiring/firing individuals who claim they have a disability?”
Parks
Administration Back Disability ADA Claims
James
C. Kozlowski, Parks & Recreation, Apr. 2014 Vol. 48, Iss.
4
Job Offer
Rescinded for Hearing-Impaired Lifeguard
James
C. Kozlowski, Parks & Recreation, Dec. 2011 Vol. 46, Iss.
12
ADA Claim After Recreation Center
Assault
James C. Kozlowski. Parks &
Recreation. Jul. 2010 Vol. 45, Iss.
7
ADA Obesity Impairment Must Be Physiological
James C. Kozlowski.
Parks & Recreation. Oct. 2008. Vol. 43, Iss.10.
Memo due on October 26 if
Issue 6 is chosen: Privacy/Publicity
Rights of the Individual
Director Inquiry: “In our promotional materials, we have a lot of
photos of adults and children using our recreational facilities. One parent recently objected after she saw a
picture of our child in one of our brochures.
Can we use photos in which adults and children are enjoying our programs
and facilities?”
"Right
of Publicity" in Park Promo Media
James C. Kozlowski. Parks & Recreation.
May. 2006. Vol. 41, Iss.5.
“Invasion
Of Privacy” For Unauthorized Use Of Team Photo?
James C. Kozlowski. Parks & Recreation . Jan 2003. Vol. 38, Iss. 1
Video Surveillance Unreasonable Search in Locker Room
James C. Kozlowski.
Parks & Recreation. Jan. 2009
Vol. 44, Iss.1.
Memo due on November 2 if Issue 7 is chosen: Public Competition with Private Sector in
Recreation
Director Inquiry: “The owner of a local private fitness club is
claiming, as a tax free public agency, it is illegal for us to provide similar
fitness machines and equipment to the public.
He claims unfair competition from the public recreation center is
driving him out of business. Is he
right? What should we do?”
State
Bills Would Ban Public Competition With Private Business
James C. Kozlowski. Parks & Recreation . Aug 2003. Vol. 38, Iss. 8
Authorized
Public Recreation May Legally Compete With Private Facilities
James
C. Kozlowski Parks & Recreation . Sep 1993. Vol. 28, Iss . 9
Municipal
competition with private enterprise must satisfy public purpose test.
James C. Kozlowski. Parks & Recreation
Dec 1982 v17 p18(5)
Memo due on November 9 if Issue 8 is chosen: ENVIRONMENTAL & LAND USE LAW
Director
Inquiry: “I think we acquired some of
our parks many years ago with assistance from the federal government in the
form of grants from the Land and Water Conservation Fund (LWCF). The School Board would like to build a much needed elementary school on a small portion of one of
these parks. The school will provide public recreation opportunities during
after school hours, weekends, and summers. What do we need to consider re
LWCF? Is there a NEPA issue as
well? If so, what do we need to do?”
National Lakeshore Residents Resist Tree Removal
James C. Kozlowski, Parks &
Recreation, Feb. 2014 Vol. 48, Iss. 2
NEPA
Review of Fracking Leases on Public Lands
James C. Kozlowski, Parks & Recreation, Aug. 2013 Vol. 48, Iss. 8
State Park Mineral Exploration in LWCF Project
James C. Kozlowski, Parks &
Recreation, Nov. 2012 Vol. 47, Iss. 11
Private Property Mineral Rights Under State Parks
James C. Kozlowski, Parks &
Recreation, Jan 2012 Vol. 47, Iss. 1
Park Conversion Protection in LWCF Project Map
James C. Kozlowski, Parks &
Recreation, Nov. 2011 Vol. 46, Iss. 11
NEPA Challenge to Park Sharpshooters for Deer Control
James C. Kozlowski, Parks &
Recreation, Oct. 2011 Vol. 46, Iss. 10
Public Trust Challenge to Private Park Museum
James C. Kozlowski, Parks &
Recreation, Jun 2015 Vol. 49, Iss. 6
Memo due on November 16 if Issue 9 is chosen: CONSTITUTIONAL LAW: FOURTEENTH AMENDMENT DUE
PROCESS CLAUSE: PEDOPHILE BAN POLICY
Director
Inquiry: “Can we ban anyone who we
suspect has ever committed a sexual offense from using any of our parks and
recreational facilities? How about
someone with a criminal history of violent behavior?”
Pedophile Clown
Brings His Act To Playland
James
C. Kozlowski. Parks & Recreation . Nov 2003. Vol. 38, Iss. 11
“Sexual Addict”
Banned From Parks After “Cruising” For Kids
James
C. Kozlowski. Parks & Recreation.
Oct 2004. Vol. 39, Iss . 10
Molester
Park Ban Constitutional Process
James C. Kozlowski. Parks & Recreation.
Dec. 2005. Vol. 40, Iss. 12.
Park Playground Ban on Adults Unaccompanied by Children
James C. Kozlowski, Parks & Recreation, Mar. 2015
Vol. 49, Iss.
3
Pool
Pass Confiscated for "Lurking" Around Children
James
C. Kozlowski. Parks & Recreation. Jun. 2010 Vol. 45, Iss. 6
THANKSGIVING WEEK BREAK NOV 23-29
Memo due on November 30 if Issue 10 is chosen: Constitutional Law: Homeless, Panhandling,
Loitering
Director Inquiry: “We have
been receiving a number of complaints from neighbors near our parks about
homeless people wandering around one of our parks, sometimes sleeping in the
parks, asking for money. Some neighbors
say they are afraid to use the park and afraid to let their children use the
park. What can we do to remove these
“undesirables” from the parks?”
Cardboard
Homeless Shelter in Park
James C. Kozlowski. Parks & Recreation.
Oct 2006. Vol. 41, Iss.10.
Ordinance Prohibiting Nighttime Loitering in City
Park Constitutional
James C. Kozlowski
Parks & Recreation .
Jan 1993. Vol. 28, Iss . 1
Criminal Street
Gang “Loitering” Statute Unconstitutionally Vague
James
C. Kozlowski. Parks & Recreation.
Aug 1999. Vol. 34, Iss . 8; P. 36 (6 Pages)
Brother, Can You
Spare A Dime? Panhandling In Public Parks And Places
James C. Kozlowski. Parks & Recreation. Dec 1999. Vol.
34, Iss .
12; P. 34 (5 Pages)
Camp "Cleanup" Makes
Homeless Status Criminal
James C. Kozlowski. Parks & Recreation. Mar. 2011 Vol. 46, Iss. 3
Memo due on December 7 if Issue 11 is chosen:
First Amendment Establishment Clause: Religious Use of Public Facility
Director Inquiry: “We have had a number of requests from
religious groups to use our recreation facilities for religious ceremonies and
religious education. Some residents have
objected to religious use of public facilities, claiming it is
unconstitutional. Do we have to
accommodate these religious groups; can we deny their requests?”
No Home For
Homeschooling At The Rec Center
James C. Kozlowski. Parks & Recreation . Dec 2003. Vol. 38, Iss. 12
Bible Youth Group
Excluded From School Open For Community Use
James
C. Kozlowski. Parks & Recreation . Aug 2001. Vol. 36, Iss. 8
City Policy Ban On
Religious Film In Senior Center Unconstitutional
James C. Kozlowski
Parks & Recreation .
Dec 1996. Vol. 31, Iss . 12; P. 33 (4 Pages)
Did
City Ballfield Permits Favor Religious Schools?
James C. Kozlowski, Parks & Recreation, Aug 2012 Vol. 47, Iss. 8
AVAILABLE
ELECTIVE ISSUES (subject to instructor approval which
may include later case law if less than 3 articles) Students may identify other elective issues
for instructor approval
Constitutional Law: First Amendment and “Occupy Wall Street” in
Public Parks
Park “Occupation” Protest Protected Speech
or Camping?
James C. Kozlowski, Parks & Recreation, Feb 2012 Vol.
47, Iss. 2
Park
Hours Prohibited Overnight Occupation
James C. Kozlowski, Parks &
Recreation, Sep. 2013 Vol. 48, Iss. 9
Neutral Park Curfew Ordinance Constitutional
James C. Kozlowski, Parks & Recreation, Aug 2014 Vol.
48, Iss. 8
Emergency Assistance
AED "Heart Shock Box" Whereabouts Unknown
James C. Kozlowski. Parks & Recreation.
Oct. 2007. Vol. 42, Iss.10.
Prompt 911 Call
Satisfied Duty to Heart Attack Victim
L.A. Fitness International v. Mayer (Fla.App.
4/23/2008)
Post-Injury Procedure: Medical Assistance And Liability
James C. Kozlowski. Parks & Recreation . Oct 1997. Vol. 32, Iss . 10;
P. 40 (8 Pages)
Lower Liability Standard for Coaches During
Competition
James C. Kozlowski, Parks & Recreation, May 2015 Vol.
49, Iss. 5
Concussion Training Lacking in Federal Civil Rights Claim
James C. Kozlowski, Parks &
Recreation, Oct 2014 Vol. 48, Iss. 10
Labor
Law
Recreation
Agencies Concerned About Child Labor Laws
James C. Kozlowski
Parks & Recreation .
Aug 1996. Vol. 31, Iss . 8; P. 36 (7 Pages)
Unpaid Student Interns Under the Fair Labor
Standards Act
James
C. Kozlowski. Parks & Recreation.
May. 2010 Vol. 45, Iss. 5
OSHA
Rule Applies To Ocean Lifeguard Position & Mouth-To-Mouth Resuscitation
Task
James C. Kozlowski
Parks & Recreation .
Jul 1992. Vol. 27, Iss . 7 (blood borne pathogens)
First Amendment Establishment Clause: Religious
Message in Public Facility
Park Buy-A-Brick
Fundraiser Hits A Constitutional Wall
James
C. Kozlowski. Parks & Recreation . Aug 2004. Vol. 39, Iss. 8
Religious Message
Excluded From Christmas Displays In Park
James C. Kozlowski. Parks & Recreation .
Jul 2004. Vol. 39, Iss. 7
Ten Commandments Advertisement On Ballfield Fence
James
C. Kozlowski. Parks & Recreation.
Feb 2000. Vol. 35, Iss . 2
First Amendment
Dilemma: Civic Event Fund Discriminated Against Prayer Day
James C. Kozlowski. Parks &
Recreation. Sep 2000. Vol. 35, Iss . 9
First Amendment
Establishment Clause: Sports Programs
Basketball
Prayer Tradition Unconstitutional
James C. Kozlowski
Parks & Recreation .
Sep 1996. Vol. 31, Iss . 9; P. 41 (6 Pages)
Religious
Freedom Constitutional Challenge to Sports Program Rule
James C. Kozlowski
Parks & Recreation .
Jul 1990. Vol. 25, Iss . 7; p. 23
Free Speech in the Workplace
Director Fired
After Critical E-Mail
James C. Kozlowski. Parks & Recreation. Feb.. 2008. Vol. 43, Iss.2.
Unconstitutional Retaliation Against Employee's Free Speech?
James
C. Kozlowski. Parks & Recreation . Mar 2001. Vol. 36, Iss. 3
Constitutional Law: Fourteenth Amendment Due Process Clause: Banned
from Facility
Community
Center "Dirty Dancing"
James C. Kozlowski. Parks & Recreation.
Nov. 2006. Vol. 41, Iss.11.
Unwritten
Park Trespass Policy Unconstitutional
James C. Kozlowski. Parks & Recreation.
Feb.. 2007. Vol. 42, Iss.2.
Police Claim
Authority to Ban Gambler from Park Indefinitely
James
C. Kozlowski. Parks & Recreation.
Feb 2005. Vol. 40, Iss . 2
Angry Hockey Dad
Fights Five Year Ban From City Arena
James
C. Kozlowski. Parks & Recreation . Mar 2003. Vol. 38, Iss. 3
Liability Waivers & Releases
Liability Waivers
And Releases Overview: Can You Say "Exculpatory Agreement"?
James C. Kozlowski
Parks & Recreation .
Mar 1996. Vol. 31, Iss . 3; P. 30 (5 Pages)
Commercial
Waiver Signed by Parent
James C. Kozlowski. Parks & Recreation.
Jun.. 2007. Vol. 42, Iss.6.
Waiver
for Disabled Teen Drowning
James C. Kozlowski. Parks & Recreation.
Jan. 2007. Vol. 42, Iss.1.
State High Court
Upholds Waiver Signed By Parent
James
C. Kozlowski. Parks & Recreation.
Oct 1998. Vol. 33, Iss . 10; P. 40 (6 Pages)
Americans
with Disabilities Act (ADA) Program Accessibility
Track
Champs Pointless for Wheelchairs
James C. Kozlowski. Parks & Recreation.
Sep.. 2007. Vol. 42, Iss.9.
Club Refuses To
Modify League Rules for Disabled Competitor
James C. Kozlowski. Parks & Recreation. Oct
2005. Vol. 40, Iss. 10.
ADA Requires
Daycare Program To Accommodate Autistic Child
James
C. Kozlowski. Parks & Recreation . Dec 2002. Vol. 37, Iss. 12
Combat Karate
Class Illustrates ADA "Direct Threat" Exception
James
C. Kozlowski. Parks & Recreation.
Nov 2000. Vol. 35, Iss . 11
Corrective
Measures Relevant In Determining "Disability" Under ADA
James
C. Kozlowski. Parks & Recreation.
Apr 2000. Vol. 35, Iss . 4
ADA
Claimants Must be Qualified for Swim Programs
James C. Kozlowski, Parks & Recreation, Sept. 2012 Vol. 47, Iss. 9
Blind Paintballers Disability Discrimination Claim
James C. Kozlowski, Parks & Recreation, Apr. 2013 Vol. 48, Iss. 4
Americans
with Disabilities Act (ADA) Facility Accessibility
ADA Requires
Wheelchair Areas to Be Integrated Into General Seating
James
C. Kozlowski. Parks & Recreation.
Jan 2005. Vol. 40, Iss . 1
State Fair Fails
ADA Accessibility Test For Existing Facilities
James
C. Kozlowski. Parks & Recreation.
Sep 2004. Vol. 39, Iss . 9
ADA Regulations
Require Detailed Self-Evaluation Of Accessibility
James C. Kozlowski
Parks & Recreation .
Feb 1995. Vol. 30, Iss . 2; P. 14 (5 Pages)
ADA Requires
Integration, Prohibits Stereotyped Segregation of Disabled
James C. Kozlowski
Parks & Recreation .
Oct 1994. Vol. 29, Iss . 10
RELIGION
AND FUND RAISING
Park Buy-A-Brick Fundraiser Hits a Constitutional Wall. Parks
and Recreation. Aug 2004. Vol. 39, Iss.
8.
First Amendment Dilemma: Civic Event Fund Discriminated
Against Prayer Day Parks and Recreation. Sep 2000. Vol.
35, Iss. 9.
School Refuses To Post Ten Commandments Advertisement On Ballfield Fence. Parks and Recreation. Feb 2000. Vol. 35, Iss. 2.
DRESS
AND CONDUCT CODES
School's Alcohol-Abuse Policy Withstands Constitutional
Challenge. Parks and Recreation. May 1999. Vol. 34, Iss. 5; 48.
County Dress Code Ruled Unconstitutional. Parks and
Recreation. Aug 2002. Vol. 37, Iss.
8.
Is a Politically Correct Code of Conduct Too Idealistic
for the First Amendment? Parks and Recreation. May 2002. Vol. 37, Iss. 5.
Challenged Dress Code Prohibited Clothing with Offensive
Illustrations. Parks and Recreation. May 2001. Vol.
36, Iss. 5.
DRUG
TESTING
Supreme Court: Random Drug Testing Constitutional Without
Identifiable Drug Problem. Parks and Recreation. Oct 2002.
Random Drug Testing Requires Identifiable Drug Abuse
Problem. Parks and Recreation. Jul 2001. Vol. 36, Iss. 7.
Questioning the Constitutionality of Drug Tests
Constitutionality of Drug Test Requirement for Athletes? Parks and
Recreation. Feb 1999. Vol. 34, Iss.
2; p. 32
RELIGIOUS
SYMBOLS IN PARKS AND PUBLIC PLACES
Latin Cross in Public Park Violates Federal and State
Constitutions. Parks and
Recreation. Jan 1999. Vol. 34, Iss.
1; 38 (7 Pages).
Religious Symbol a Snake In The Grass? Serpent Statue in
City Park: Unconstitutional Religious Symbol? Parks and Recreation. Sep
1999. Vol. 34, Iss. 9; p.
50
Supreme Court Split on Public Display of Ten
Commandments. Parks and Recreation. Sep 2005. Vol. 40,
Iss. 9.
Eagles Ten Commandments Park Monument Fails “Lemon” Test.
Parks and Recreation. May 2004. Vol. 39, Iss. 5.
Establishment Clause Violation Persists Despite Sale of
Park Statue. Parks and Recreation.
Jun 2000. Vol. 35, Iss.
6.
Constitutional Fence for a Monumental Controversy? Parks and Recreation. Apr 2005. Vol. 40, Iss. 4.
RELIGION
AND HOLIDAY DISPLAYS IN PUBLIC PLACES
Constitution Bans Religious Effect in Public Holiday
Displays Parks & Recreation . Oct 1989. Vol. 24, Iss . 10; p. 20
Religious Message Excluded From Christmas Displays In
Park. Parks and Recreation. Jul
2004. Vol. 39, Iss. 7.
"Unattended Structures" Ban Includes Nativity
Scene On Town Green. Parks and
Recreation. Feb 2002. Vol. 37, Iss.
2.
Menorah In City Park: Unconstitutional Exception To Ban
On Private Park Displays. Parks and Recreation. Mar 1997. Vol. 32, Iss. 3; p. 40