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False Claims Act is a piece of legislation from the U.S. Congress that allows any individual with knowledge of a fraud being perfected against any agency of the U.S. Government to file a claim on behalf of the Government against the individual or business that has or is committing such fraud. The individual filing such claim on behalf of the U.S. Government is identified as the qui tam plaintiff and, if the action is successful, such person is entitled to share in a percentage of the recovery against the fraudulent person or business.
The responsibilities of the qui tam plaintiff do not end with the filing of the lawsuit. Such individual must not only notify the Justice Department of the filing but must agree to cooperate fully with the Justice Department in the litigation. The Justice Department has the option of stepping into the shoes of the qui tam plaintiff…… [Read More]
competing claims of justice in any economic system almost inevitably revolve around questions of freedom and equality. The society must answer these questions: what constitutes a truly free system so that people can pursue their economic interests? And to what degree should equality of opportunities and outcomes be legislated?
awls' principle of the veil of ignorance is that in a just society, if you blindly selected any person, that person would be treated fairly, regardless of their inherited wealth or talents. Given the enormous advantage inherited wealth gives to people under capitalism, as well as the arbitrary prioritization of certain talents (professional basketball players make more money than nurses, for example), capitalism is unjust. Socialism would theoretically be more just, but that is only assuming that the state genuinely can objectively select the optimal manner to redistribute wealth through taxes and government controls.
Q3. Socialism suggests that everyone is entitled…… [Read More]
Contract Claims and Dispute
In the case in which during the final commissioning process of a building there are a few minor defects noticed in the HVAC system during testing, there is a considerable amount of responsibility for the project manager. Specifically, he or she must record the results of the testing to provide as much detail as possible regarding the failure of the HVAC system. Additionally, he or she must also utilize these results to communicate the findings of the test to the client to which the building will be awarded. Thus, in communicating these findings to the client, the project manager must be extremely forthright about the exact nature of the failures -- where they are, why they occurred and, perhaps most eminently, what future processes can occur to correct them since defects in certain parts of a building can produce a negative impact on other parts of…… [Read More]
There is a profoundly subjectivist component to Kant's system of moral analysis because Kant states that we can only know things as they appear to us, not as they are in an objective reality. We are limited by the extent of our sensory perception. But we all also have a moral duty to do what is good. Humans have a conscience or inclination towards morality that is innate, and which Kant believed transcended the subjective nature of human perception. This desire to be moral and to use our free will for 'the good' is not subjective but is hard-wired into the human mind and soul.
Kant reconciled his belief in human subjective knowledge and the absolute obligation human beings have to do 'good' in his belief that intent is the most important thing to keep in mind when evaluating a moral action. For example, let us say that a man…… [Read More]
There are several steps in the insurance claim process. Many patients have some form of health care insurance. Health insurance is, more or less, payment made by the patient to the insurance company to guard against ailments. The insurance company pays out for medical treatment. In many cases, the patient will have some sort of co-pay, which is when they must pay a deductible or otherwise some portion of the total cost, and the insurance company covering amounts over the copay.
Green & owell (2013, Chapter 4) notes that "the processing of an insurance claim is initiated when the patient contacts a healthcare provider's office and schedules an appointment." When the patient visits the office, he or she must fill out the CMS-1500 claim form, which is the common form for making an insurance claim in health care. This form will contain the information needed for the health…… [Read More]
Some researchers have suggested that increased liability not only encourages physicians to practice defensive medicine, but also undermines many patients access to much needed medical services (Hyman & Silver, 2004).
Boulard (2002) cites many studies that clearly show the increasing costs of malpractice insurance affect specialist care. In 2002 alone more than 60 specialists at one critical care facility in Las Vegas left their jobs after another malpractice premium spike. The crisis results in closure of a 24-hour critical care center (Boulard, 2002). The crisis emphases the potential for not only reduced care but complete lack of access to care for hundreds of patients in similar situations. While legislatures are working on solutions to such problems, the issue is far from resolved. In some medical facilities, physician assistants and nurse practitioners are performing procedures doctor's once did, simply because the cost of medical malpractice is too high for doctors to…… [Read More]
So denotes the text by Coleman (2003), which indicates that "tort law establishes conditions under which victims can shift at least some of the costs they incur to others. All individuals realize that they may be subject to a judgment against them in torts and so many buy third party insurance to protect them from bearing the full costs of those judgments. In some jurisdictions purchasing third party insurance is mandatory." (Coleman, 1)
Here, the determination of the reasonableness of a claim is given over to a legal process in which liability is determined. If it can be determined that the party holding the insurance policy is liable for loss or damage under such terms as provided by the law and said policy, it will be considered reasonable to compensate the plaintiff in due fashion, which is typically also shaped by the process of suit and settlement.
Ultimately, tort laws…… [Read More]
What substantiation should the advertiser have to support these claims?
The advertiser should have to show that the product worked in a clinical trial over a long-term period, and individuals with the same diet and exercise habits and similar body composition who used the belt while exercising lost more weight over the long-term than those who did not wear the belt.
Are any of the representations made in the ad puffery?
Almost all of the language used in the ad constitutes 'puffery' but the most florid claims are these:
"The sauna pro-deluxe advance heat systems sweats away unwanted fat, eliminates cellulite, lose weight and ease muscle pain, all while in the comfort of your own home."
"Used by professional body massagers, models and athletes around the world to loose weight, relieve pain, and massage sore muscles
"No more breathing in hot, sweaty air. No more uncomfortable heated wooden benches. All…… [Read More]
Linux Kernel Analysis
Much has been written in praise of the Linux (Crandall, Wu, Chong, 359),
(Parnas, 112), (Baliga, Iftode, Chen, 323), and its use of preemptive multitasking memory architectures to manage process control, file management, device management, information maintenance and communications subsystems securely and effectively. The Linux modular design, lack of reliance on emote Procedure Calls (PC), and use of UNIX-based system administration all are often cited as factors in how it is significantly more secure than Microsoft Windows for example. Linux relies on a dedicated memory partition architecture more comparable to Microsoft Windows than UNIX and also has a specific API calls for each of the subsystems as well. The combination of modularity and preemptive multitasking through dedicated memory structures is also an architectural argument that Linux supporters site when defending the inherent security of this operating system. In fact the KDE and GNOME components of the operating…… [Read More]
The relationship between faith and the law is like that of Christ and humanity. Faith liberates us from the law. Paul goes so far as to say that before Christ, "we were held prisoners by the law, locked up until faith should be revealed," (Galatians 3:23). The law is an insufficient condition for either salvation or righteousness. Paul implies that faith has replaced works as the new law of Christ. In fact, Christ is the ultimate result of God's law. "The law was put into effect through angels by a mediator," (Galatians 3:19). If Christ is the law, then the only way to achieve righteousness is via faith in Christ. According to DeLashmutt (2010), "God gave the Law, not to be the means by which we earn God's acceptance, but to convince us of our need for faith in Christ by exposing our sin and guilt." The law underscores human…… [Read More]
Federal Tort Claims Act
Federal Tort Claims
The Federal Tort Claims Act (FTCA) (P.L. 79-601, 60 Stat. 842) was enacted by U.S. Congress in August 1946, according to which any individual can sue the federal government for personal damages, like loss of money and property, physical injury or any other such situation caused by federal organization and its employees, while working within the limits of employment. The person can file claims against the government and the expenditure must be repaid to him if falls under the liabilities of FTCA. The FTCA is authorized for the recovery of any financial damage caused by some misunderstanding or mistreatment of the rules and regulations set by federal government, since the act falls under negligence and intolerable behavior which can highly cost the other person. According to this act, "The United States shall be liable, respecting the provisions of this title relating to tort…… [Read More]
Federal Tort Claims Act
Traditionally, the federal government was immune from lawsuits by its citizens under a doctrine known as sovereign immunity. Theoretically, this immunity was justified because people would necessarily have disagreements with the government and resorting to the court system to help resolve those disputes could have resulted in a tremendous waste of time and energy. However, the situation left people with no solution when they were harmed by a person acting for the government, even if the action had nothing or little to do with the government's sovereignty. For example, under strict sovereign immunity, a person is unable to recover harms for routine torts such as slip-and-falls. Perhaps even more worrisome was the fact that, under strict sovereign immunity, people were unable to recover for intentional harms and torts inflicted by the government or government agencies, even when those harms violated federal laws. The Federal Tort Claims…… [Read More]
False claims act contain 'qui tam' or whistleblower provisions. This work will discuss the pros and cons of being a whistleblower and to ask the question of if one were aware of the fraudulent issues in the healthcare organization why would they not report the issues?
In 1975, in the case (NLR vs. Weingarten, Inc. 420 U.S. 251, 88 LRRM 2689 the U.S. Supreme Court established the rights of employees to have a union representative at an investigatory interview and this rights are known as Weingarten Rights. The investigation interview happens when a supervisor questions the employee for the purpose of obtaining information that could be used in a discipline or conduct complaint against the employee. In the event the employee believes that they result negative outcomes from what they have to say the employee under the Weingarten Rights has the right to request union representation at the hearing. Once…… [Read More]
Discount Scheme for Health Insurance
No Claim Discount (NCD) Schemes are Frequency-rating systems and are commonly used in insurance. NCD schemes represent an attempt to categorize policyholders into relatively homogeneous risk groups who pay premiums relative to their claims experience. Those who have made few claims in recent years are rewarded with discounts on their initial premium, and hence are enticed to stay with the company (Boland, 2006). Depending on the rules in the scheme, new policyholders may be required to pay the full premium initially and then will obtain discounts in the future as a result of claim free years. The general insurance actuary modeling an NCD scheme would frequently use Markov chain methods to investigate how premiums and movements take place over time.
No Claims Discount scheme is a form of frequency rating used in health insurance; the practice is to consider the number of years since the…… [Read More]
Some of the rather varied list of claims include mood alternative, as biofeedback tied in to relaxation, stress release, concentration and meditation."... "an alternative to synthetic drugs to feel good." "addresses the nervous system and the energy fields of the body. It soothes the body, cleans the body, clears the body, and tones the body."... The Complete Book of Essential Oils and Aromatherapy, by Valerie Ann Worwood, states that there are about 300 essential oils and that they constitute an extremely effective medical system. The web site of Beyond Aromatherapy has stated (allegedly quoting Hippocrates) "There is a remedy for every illness to be found in nature." Its online catalog includes descriptions of "ancient healing uses," astrological correspondence, and Chinese medicine characteristics of more than 80 essential oils. (Barrett MD, 2001, (http://www.quackwatch.com/01QuackeryelatedTopics/aroma.html)
Clearly the indication of these claims is not only far reaching but indicates their use as medicine. The…… [Read More]
against Jane claiming to be Hispanic-American in her ads.
The main argument against Jane claiming to be Hispanic-American in her ads is that it is dishonest. Neither she nor most of her employees are Hispanic, and it appears that the ad would violate the concept of truth in advertising and expose her to liability. Likewise, at first blush, it seems as if there are no good arguments for Jane claiming to be Hispanic-American in her ads. However, Jane needs to increase sales to keep the business afloat. Hispanic-American customers may be more willing to buy products from a Hispanic-owned business. The issue becomes whether the fact that Jane is (or, rather, is not) Hispanic is a material fact. If Jane was running a Mexican restaurant, her ethnicity might be critical. However, unless there is something culturally significant about the clothing that depends on Jane's ethnicity, it seems unlikely that her…… [Read More]
The naturalist position is further "bolstered" by a fundamental faith in the veracity of sensory inputs and human cognitive processes, a faith that is woefully misplaced. In fact, the naturalist belief in random evolution undermines any belief in the ability of human senses to derive truth about the workings of the universe (Plantinga 2). Those who believe in a supernatural deity often believe that said deity imbued human beings with the ability to acquire and understand knowledge. If this is the case, it is possible for human beings to use their minds to discern the nature of reality. But if instead humans are simply the product of randomly accrued changes through natural selection, then there can be no such guarantee. Our physical senses and cognitive processes wouldn't have developed with reliability in mind, but rather with survivability. The mind or the senses are only important, in the naturalist context,…… [Read More]
credible sources support claims. Identify purpose, incorporate audience, establish a desired tone, and organize information/claims effectively.
Automotive company: Causes and effects of importing most of its materials from foreign manufacturers
In the new global economy, nations have gained the potential to become increasingly specialized in terms of how and what they produce. For many companies outsourcing everything from the component parts of their products to helplines offers a way to cut costs, lower prices, and increase demand. However, these decisions have many hidden costs. "As stated by the new market research report on Automotive Component Outsourcing, Asia-Pacific remains the most prominent regional market for automotive component outsourcing, with revenues from the region waxing at a CAG of about 12% over the analysis period" (Global automotive component outsourcing market to reach $1.09 trillion by 2017, 2012, P Web). An overreliance upon overseas providers of materials can have the unintended long-term effect…… [Read More]
Olay Advertisement Analysis
It is without a doubt that the people of the United States and much of the rest of the modernized and industrialized world are extremely focused on beauty, attractiveness and the perceptions of others. This focus and analysis is often pointed inward and towards the self but it also projected and stated outward in many ways as well. Advertisers know this full well and beauty product marketers in particular use that fact and detail as a wedge to sell beauty products. Olay is certainly among the companies that does this and this is easy to see when looking at the way in which they market their creams, lotions and other health/beauty products. While making good faith and provable claims about their products would be fair game, there are some claims and statements they make that are clearly puffery and perhaps bordering on unethical.
So as to…… [Read More]
For instance, for it truly to be a sophisticated wine, the meals served in the commercial would have to be valid pairings for the style of grapes used in the wine process. Additionally, the glass itself might be a point of validation, for different glasses are preferred for different styles of wine. Overall, it does meet the requirement of what the average consumer might think of the wine. Based on its sophisticated image in the commercial, the average consumer might be willing to pay a higher price, or prefer it based on its trendy image being attached to a trendy New York restaurant.
It also makes several endorsements. First, it is showing the class of the New York restaurant, and allowing the owners to speak for the product. If this is a real restaurant, it would be very beneficial for business. Additionally, the trendy social world is being used as…… [Read More]
Moreover, caring for her mother, the other option, would surely: a) create a feeling of being "unfulfilled" which brings with it depression and resentfulness; b) leave her with nothing to look forward to but the dark day when her mother actually passes away; and c) realize after a short time that she is not "a Mother Teresa" and that her live would be diminished (Stuart, 25).
hat does Stuart believe is the right choice for Alice? Stuart asserts that the virtue that carries the most weight in this instance is having Alice care for her mother. Giving up her career for her mother would outweigh the "…virtues of perseverance, love of truth…and self-knowledge" should she decide to go forward with her dissertation (26).
hat Stuart also mentions -- and this is a prime reason for this writer to believe Alice should find a competent person to be a caregiver for…… [Read More]
Boot Camp's Program Claim of a 0% ecidivism ate
Addressing a Boot Camp's Program's Claim of a 0% ecidivism ate
The Claim: A Boot Camp Program un by a Local Sheriff's Department Claims a ecidivism ate of 0%
My assessment on the accuracy of the above statement and this discussion in general, will make use of a number of fundamental terms: corrective boot camp program, recidivism and shock incarceration. A corrective boot camp program, to begin with, refers to a facility that makes use of the techniques applied during military training sessions, to instill a culture of 'doing what is right' in youthful first-time offenders. ecidivism, according to the Bureau of Justice Statistics (2013), is the tendency to repeat criminal activities, leading to re-arrest, during the three-year duration following release from a correctional facility. Finally, shock incarceration, like the name suggests, is a program used on first time offenders, to…… [Read More]
peers made claim "The History Love," largely history loss. Argue assertion. hether support refute claim, explain significance. YOU CAN FIND A BROAD SUMMARY OF THIS BOOK ON IKIPEDIA USE THE ACTUAL BOOK- "THE HISTORY OF LOVE: A NOVEL" BY NICOLE KRAUSS This I .
The History of Love: Love as chosen loss
The History of Love could just as easily be titled 'a history of thwarted love.' None of the main characters in either of the parallel narratives that run through the book ever achieve their heart's desires. Leo Gursky pines for his neighbor Alma, but war separates the two young lovers. hen they reunite, Leo is devastated to learn that Alma has moved on with her life, gotten married, and had another child with her husband. Leo spends the rest of his life living in a kind of suspended animation, his life entirely fixated upon Alma. Leo seems more…… [Read More]
Soccer: A creepy perversion of a fun game
Sports should be sensational. Sports should resemble their old form, their past history, that of the gladiators. In its current form, in America, it has been contorted to a gentle activity. It is not a true rivalry, a competition to the death of honorable opponents. Kamp, a popular sports writer, called soccer, "a creepy perversion of a fun game." (p. 663, paragraph 4). I agree; in America, soccer has become the best example of a sport that is no longer a sport. It is not visceral. There are no exciting rivalries between American cities, played out by sports competitors who represent their cities. It is barely entertaining. It must change.
The context of this quote from Kamp is an excerpt of his sports column in GQ, a monthly men's lifestyle magazine. He says that in Europe, the soccer culture is…… [Read More]
northern southern soldiers claim fighting "freedom" "liberty." 2 sources ( newspaper, journal, magazine, book legitimate website ). Works utilize source equally documented text listed properly a works cited page.
Passion during the Civil War
The American Civil War occurred between 1861 and 1865 and is largely considered the most destructive conflict in U.S. history, resulting in approximately one million military casualties and an inestimable number of civil victims. Much controversy still surrounds the nature of this conflict, as its determining causes are complex. Contemporary international perception may have placed a progressive, anti-slavery label on the whole affair, yet the basic fact remains that nineteenth century America was an increasingly inhomogeneous country and prone to blatant discrepancy.
This work is focused on providing an analysis of Southern and Northern perspectives from a justifying point-of-view, in order to form an outline of the opposing sides' motives. Both parties were strongly driven by…… [Read More]
O'Laughlin's statement claiming that the psychiatric establishment is self-interested and caught in a rational bind that we need to understand the human narrative that necessarily underlies all suffering. To me this statement makes a lot of sense since it is very true that the psychiatric establishment is self-interested. This means that the sole interest of the psychiatric establishment is enriching the ones who put up the establishment. They are only interested in themselves and they are in the business of giving treatment to the patients and do not care if the method they are using is approved by the one receiving the treatment or not. The establishment is caught in a rational bind whereby the mode of treatment that is used is fixed and the patients regardless of how young they are forced to go through the rational bound treatment mode. Therefore there is need to understand the human narrative…… [Read More]
nnotated Bibliography: The Effects of Religious Exemptions on Pertussis and Other Diseases
brevaya, J. & Mulligan, K. (2011). Effectiveness of state-level vaccination mandates: Evidence from the varicella vaccine. Journal of Health Economics 30(5): 966-76.
Longitudinal data on the use of varicella immunizations was used to determine the real effects o immunization requirements mandated by various governmental entities within the United States. Significant increases in vaccination rates are found to be the result of such mandates within the first year of adoption, peaking within two years of adoption, and with minimal effects on the rate thereafter. pproximately twenty percent of short run increases in immunization adoption is attributed to mandates, and no differences were found in different socioeconomic groups when it comes to adoption rates. Though this research does not deal with exemptions specifically, it provides context and some direct implications for a discussion and examination of such exemptions.…… [Read More]
EEOC Discrimination Claim
Discrimination Complaints: A Case Study
John believes that he has been discriminated against by his employer, a private company. The nature of the alleged discrimination could be related to John's race, color, religion, sex, national origin, age if 40 or older, disability, or genetic information (Equal Employment Opportunity Commission [EEOC], 2010, p. 1; EEOC, n.d.). The Constitutional authority for filing a discrimination claim against an employer comes from a number of different acts, including the Civil ights Act, Age Discrimination in Employment Act, Equal Pay Act, and the ehabilitation Act. The federal agency responsible for regulating and mediating such claims is the Equal Employment Opportunity Commission. Protection against employer retaliation for filing a discrimination claim is also provided under these laws and regulations.
The procedure for filing a discrimination complaint with the EEOC requires that the employee notify the employer of the grievance (EEOC, 2010,…… [Read More]
sufficient evidence for its hypothesis or claim?
The paper is clear int hat it provides us with Introduction, body, and conclusion. The theme is simple too: health care providers (the paper tells us) need to respect, acknowledge, and understand the challenges that the 3 religions -- Judaism, Islam, and Shintoism -- can provide to th health care system. The health system needs to know how to satisfy adherents of these religions in order to optimize their medical care.
The paper then goes through a brief description of each religion (in Judaism's case, of Orthodox Jews) particularly as touches on their medical care and cursorily describes how medical practitioners can meet these needs. There are many more points that can be mentioned, particularly in the case of Orthodox Judaism where the profession may be riddled with many more challenges, such as kosher (and food regulation exist with Islam too). In the…… [Read More]
Time to develop and use assessments effectively must be built into the teachers' work week. They are time-consuming, but worthwhile, and should not be administered as an afterthought. The results tell us a great deal about students and ourselves. It will be a challenge to make sure assessments are meaningful and are accorded the time they deserve.
When we think of assessments, we often think about formal assessments, whether they are teacher-created quizzes, chapter tests from a textbook, or standardized tests that compare students across the country. Assessment can, and should, include the informal observations teachers make in their classrooms on a daily basis. Because teachers spend so much time with their students, they are in a good position to see both struggles and progress. It may be one of the easiest ways to see what students need because it is immediate and requires no preparation. We can learn from…… [Read More]
18. Stratified sampling could be used where the population contains characteristics that can be placed together to construct a strata. In a clinical trial cluster sampling could be used to select individuals from a similar geographic area.
H0 is the null hypothesis and it generally states that there is no difference or no change. H1 is the alternative hypothesis or the researcher hypothesis and is generally the opposite of the null hypothesis. Hypothesis testing centers on the acceptance and rejection of the null hypothesis.
In most clinical research studies the researcher would use a one-tailed test. This is so for two basic reasons the first is that…… [Read More]
advertising claim that firms advertise to manipulate people's tastes and defenders argue that advertising provides information. Both are correct, and characterizing these views as "pro advertising" or the reverse is not particularly accurate. Most industries exist in a state of monopolistic competition, and advertising is one of the ways that companies can differentiate themselves from the competition, and through this differentiation companies can exert a greater degree of market control (No author, 2012).
Firms sometimes use advertising as an informational tool, as it provides an opportunity to reveal to consumers the differences between the advertised product and its competitors. Typically, each product within an industry will differ at least slightly with respect to its design and the quality level of the workmanship and other inputs. In addition, firms use other marketing elements such as distribution to help with differentiation. Advertisers often use brands as shorthand for the product or service…… [Read More]
Blade Runner directed in 1982 y Ridley Scott, is a film which examines the nature of reality, something that it plays with very heavily using factors like visuals and memory design. The film features Deckard, the protagonist who hunts replicants. However, over time, it ecomes clear that Deckard is not too different from those he hunts (Reagle, 1996). "The replicants rely on photographs and implanted memories to olster their nascent and fragile emotions. After Deckard tells Rachael that her photos and memories are merely copies of those that elong to Tyrell's niece, he falls asleep amidst his own childhood photographs" (Reagle, 1996). This demonstrates oth the sanctity and falliility of memory has a whole and how memory, along with the visual elements of one's collective reality can do a great deal when it comes to shaping one's perspective. Memory can distort, the film gently reminds one, and this distortion can…… [Read More]
All Medical Assistants
The importance of customer service in a tertiary healthcare setting
As you all know, the healthcare industry has been transformed in substantive ways as a result of the Patient Protection and Affordable Care Act and the growing need for timely recordation of services rendered in order to attain appropriate reimbursement of physician services and overall expense reimbursement for the medical facility. This memorandum explains how and why customer service is the one thing that sets their organization apart from their competitors.
Importance of Customer Service from Medical Assistants' Perspective
Please know that our organization appreciates your unwavering efforts to provide the best possible medical care to our valued patients. Medical assistants are on the forefront of the provision of this care, and we need your support to ensure that your services are compensated appropriately. This is in everyone's best interests because unplanned turnover can cost this organization…… [Read More]
Cross Cultural elations
Cultural influences perceptions about gender roles in a number of ways. The first is through socialization. Being in a culture one sees how gender roles are typically manifested in that culture, and one thus will tend to adopt similar views. The structure of the culture is therefore highly influential simply because being in a culture leads one to adopt the gender roles in that culture (no author, 2015).
The second method is through enforcement. People in a culture will learn gender roles when those roles are enforced. People in positions of authority (parents, teachers, etc.) will specifically enforce gender roles on children in a society in the sense that when somebody steps out of the norms for that society, there will typically be negative consequences. Similarly, there are usually positive consequences for people who follow gender norms in a society most closely. Enforcement is not only through…… [Read More]
If the facts support its position, the hospital will argue that it was not negligent in hiring Dr. Dogwood and that nothing in his employment record could have put them on notice of his poor judgment.
Claim 3 -- Karl vs. ECR Manufacturer
John has a very good product liability claim against the ECR manufacturer. That is because the company supplied a product that was unreasonably dangerous to users in the ordinary way in which the product was intended to be used. This is a violation of the implied warranty of fitness for its intended purpose.
The ECR manufacturer will argue that the defect in its product was not the proximate cause of the harm that Karl suffered. Specifically, that argument is that it was the negligent decision of Dr. Dogwood to use the pad even after he noticed the defect that actually caused Karl's injuries and not…… [Read More]
Racism is also a problem in the penal system. Furthermore, even if only one innocent person were sentenced to death it would be too many.
1. Perez's observations are most likely correct. Although whistleblowers perform an admirable and courageous act of public service, their efforts are thwarted by legal, political, and social obstacles. I fully agree with the author's observations but still believe whitleblowers are admirable. Whistleblowers should be encouraged to come forward because they ensure a more ethical society. Discouraging whistleblowing allows white collar crime to flourish.
2. Rob Perez claims that whistleblowers suffer consequences including social isolation that may outweigh the impact of their courageous deeds. Colleagues and coworkers cut off the whistleblower. A whistleblower is brought into the public eye, making it difficult for that individual to operate socially or in a business environment. A whistleblower might lose all his or her business accounts and contacts because…… [Read More]
Men File Workplace Sex Harassment Claims by Sam Hananel of the Associated Press. The article was found in the Houston Chronicle at http://www.chron.com/disp/stroy.mpl/nation/6900828.html. In reporting how the number of claims of sexual harassment filed by men in the workplace is increasing, Hananel relates the story of Jonathan Pilkington. Pilkington claims that in the two years he was employed as a food runner at an upscale steakhouse, he was continuously harassed by his male boss, the chef of the restaurant. Even after Pilkington filed a complaint with management, the harassment did not stop, so he is now a witness in a federal suit against the restaurant. Hananel reports that this case is representative of the increase in reports of sexual harassment by men. According to Hananel, sexual harassment reports by men now make up about 16% of the reported cases, up from 8% in 1990. In 2009, 2,000 of the 12,700…… [Read More]
The backing of the warrant includes the drawing of different parachutes. If the artist only drew one parachute then the reader would infer that the stimulus package is monolithic. Instead, the artist portrays the stimulus package as being multifaceted and potentially saving jobs in multiple business sectors. The fear on the skydiver's face and the cry of "Faster! Faster!" are used to back the claim that Americans may be worried for nothing.
Possible rebuttals to the cartoon include the following. First, a reader might note that many of the parachutes appear not to be working or have yet to be deployed. Second, the artist does not show how close to the ground the jumper is. These two facts add doubt as to how effective and efficient the stimulus plan is. Opponents and critics of the existing stimulus plan are directly addressed and will also identify strongly with the skydiver.… [Read More]
The artistic authenticity of a particular object is determined, in part, by the objects provenance -- its history that helps us to understand the significance and original cultural context of the object. ithout this context it becomes complicated to identify certain tribal cultural artifacts as artwork or not.
But let's imagine that there exists an institutional framework or bureaucratic organization with the resources to undertake such a monumental task of artistic identification. There would still be additional problems to consider. In Indonesia, for instance, there are numerous political and cultural obstacles facing the emerging push for preservation. Communication in the nation is lackluster. Identifying and controlling all potential tribal art among the indigenous people is a task best left to the imagination. The infrastructure simply does not yet exist to properly compensate indigenous artists and craftsmen, let alone stem the tide of black-market deals and random destruction. Yet this is…… [Read More]
Excessive Force Liability
The International Association for the Chiefs of Police (IACP) has maintained an updated model policy on the use of force for over two decades (Hough & Tatum, 2012). A number of 'use of force' policies implemented by policing agencies can be found online, but the basic tenets are the following: (1) use only the minimum amount of force necessary to bring a situation under control, (2) deadly force should only be used to prevent death or serious injury to the officer or bystanders (Tennessee v. Garner, 1985), and (3) the determination of an imminent threat of death or serious injury should be based on objective and reasonable evidence (IACP, 2006; Graham v. Conner, 1989). Officers should also warn the intended target that deadly force will be used if they failed to comply when possible (Tennessee v. Garner, 1985).
Based on these guidelines, Officer Jones was not justified…… [Read More]
Nagel is telling us that if the one universal thing in imagining something is you, complete with all the character that make up you, and if one were to take those things away to try to imagine what it would be like to be something else, you would no longer exist.
Bechtel, illiam. & Graham, George. A Companion to Cognitive Science. iley-
Conscious Entities. "Bats." Conscious Entities. 2004. Accessed on December 7, 2010:
Fost, Joshua. If Not God, Then hat? Neuroscience, Aesthetics, and the Origins of Transcendent. Clearhead Studios, Inc., 2007.
Hacker, P.M.S. "Is There Anything it is like to be a Bat?" The Royal Institute of Philosophy, 77. Cambridge University Press, 2002, 157-174.
Nagel, Thomas. "hat is it like to be a Bat?" The Philosophical Review: XXXIII, 4,
1974, pp. 435-50.
Conscious Entities. "Bats." Conscious Entities. 2004. Accessed on December 7, 2010: http://www.consciousentities.com/bats.htm
Bechtel,…… [Read More]
ACM.ORG is a massive website that claims to be the biggest and most comprehensive source of information on computer science. A large percentage of people visiting this site are professions looking for current information on computing world, mostly related to postgraduate level of studies. Professionals who are already in the field also frequent the site.
Since ACM is an old website which has been online for nearly two decades, there is a plethora of information and resources available for the computing world. Though it ranks between 5,000 and 6,000 on visitor frequency level according to Alexa ranking, I personally found the site very useful primarily because of its digital library that contained publication with latest information, news and reviews.
The main problem I witnessed with ACM is that of membership. It is a member-restricted site, which means there is no way a guest, can first assess the merits of this…… [Read More]
The ancient philosopher Plato claimed that all immoral behavior was the result of some disorder in the soul (Gert and Culver, 2009, p. 489). Although very few people now hold this view, deviant sexual behavior is often considered symptomatic of a mental disorder. However, not all deviant behaviors fit the clinical definition. For example, if a heterosexual man becomes aroused by dressing in women's clothing, it is considered by most people to be abnormal behavior. However, his behavior may be ego-syntonic, meaning that the man is not troubled by either the impulses or by acting them out. Such an individual would not seek treatment. He is not a danger to himself or to anyone else and unless there were objections on the part of his wife or significant other, there is no compelling reason, in the man's mind, to manage his impulses or behavior. As Bhugra and McMullen (2010,…… [Read More]
O'Connor, Anahad. (June 22, 2004) "The Claim: Too Much Sleep Is Bad for You." The New York Times. Science & Health Section. http://www.nytimes.com/2004/06/22/health/22REAL.html
It's hard to believe, but this article councils the reader that getting more than seven hours of sleep may be hazardous to his or her health. "A 2002 study found that getting more than seven hours of sleep each night was associated with a shorter life span. Several studies since then, including one this year by researchers at Brigham and Women's Hospital in Boston, also found a link," between poor health and getting more than seven hours of sleep a night.
Thus, the article makes vague reference to several studies pointing to such a correlation, but only provides specific information on one particular 2002 study. This "2002 study examined data on more than a million Americans over the age of 30 between 1982 and 1988." The article,…… [Read More]
Industrial evolution: esult of an Agricultural evolution?
The Industrial evolution which began in Great Britain in the eighteenth century, and still continues in certain parts of the world, is considered by some historians to be the most significant transformation in the economic environment of human civilization after the Neolithic evolution. There are a number of reasons that triggered and sustained the transformation of an agriculture-based economy to an industrial-based economy, but perhaps the most significant was the occurrence of an 'Agriculture evolution' in Britain in the century following 1750. In this essay, I shall discuss why this was so, besides describing the following:
The causes and outcome of the Agricultural evolution
Features of the Industrial evolution
The Social Consequences of the Industrial evolution
Karl Marx and Emile Durkhiem's theories about the Industrial evolution
How an Agricultural evolution in Britain triggered the Industrial evolution?
Most historians are in agreement that the…… [Read More]
Christianity claims to be unique and this work in writing will demonstrate the uniqueness in research and show why other religions could not be considered as the way to salvation. The work of J. Hampton Keathley, III discusses the uniqueness of Christianity and states that Christianity is unique "because it stems from the uniqueness of Jesus Christ, the greatest man who ever lived. In Jesus, we have One who has virtually changed every aspect of human life, but sadly, most people are completely oblivious to the reality of how He has so completely impacted the world." (Keathley, 2012)
The uniqueness of Jesus Christ is examined by Keathley from the view of the uniqueness of Christianity as a religion and states of Christianity that "alone of all the beliefs of mankind, be they religious or political or philosophical…" Christianity is the one religion founded upon the bases of "historical acts and…… [Read More]
"Lady Gaga in part because she keeps us guessing about who she, as a woman, really is. She has been praised for using her music and videos to raise this question and to confound the usual exploitative answers provided by 'the media'… Gaga's gonzo wigs, her outrageous costumes, and her fondness for dousing herself in what looks like blood, are supposed to complicate what are otherwise conventionally sexualized performances" but this complication does not necessarily lead to a feminist liberation (Bauer 2010).
Still, Gaga has been embraced by a generation of women, some who shun and some who embrace the feminist label. "Lady Gaga idealizes this way of being in the world. But real young women, who, as has been well documented, are pressured to make themselves into boy toys at younger and younger ages, feel torn. They tell themselves a Gaga-esque story about what they're doing. hen they're on…… [Read More]
Given the context and the fact that being a convicted criminal and a sex offender could conceivably make the risk of any type of abuse (whether or not of a sexual nature) foreseeable, that defense is unlikely to succeed. However, generally, the knowledge of one Board member who does not disclose that knowledge to the Board will not be imputed to the rest of the Board. In any case, that issue is unlikely to matter because of the school's liability in negligence even without knowledge.
Question # 3
As previously discussed, the school is likely to be found liable to Anna for Title VII discrimination by virtue of her age because it allowed Forester to create a hostile work environment by failing to discipline either Forester or DuFrane, the other male teacher who made the hostile statement. The school will argue that even under those facts, the severity and extent…… [Read More]
Toulmin Model and Sherlock Holmes
The Toulmin Model of argumentation asserts that a good argument consists of six parts which intend to develop a practical argument. The first element is the "claim," or the conclusion that the argument must establish. The next part is the "data," or the facts and evidence collected and used to confirm the argument. In order to support the data, general, hypothetical, or logical statements are used, these are called "warrants." A good argument should limit itself to what can be proven and so it requires "qualifiers" which restrict the argument to a point where it can be supported by facts. In order to support the warrants made during the argument, sometimes "backing statements" are used to add credence to the statements made during the argument. These backing statements may not directly support the claim, but should always support the supporting warrants. Finally, since there are…… [Read More]
It increasingly seems unlikely that Christ will show up on a white horse to purge the world of sin. If this is necessary to the ideology of salvation, then one might do well to scoff at it. It does not seem to be legitimate to project that Christ will save the world from the evil which is wrecked upon it by humans or by nature. Indeed, it seems remarkably irresponsible for a modern human to merely sit waiting for Christ to save the world rather than take active steps as part of the social community to assure that the world is preserved. (for example, it has been suggested that ush's radical policy in the Middle East is "literally and determinedly drawn, consciously and unconsciously, toward the enactment of such a [endtimes] scenario, as he believes, for God's sake" [Hill] if this were true, it would be a perfect example of…… [Read More]
This course changed my concept of what it meant to be a Christian in three fundamental ways, all focused on what it means to me to be a Christian in modern society, rather than on the theological underpinnings of Christianity. This course helped me realize that Christianity is not merely a system of belief, which is how many people conceive of religion. Instead, Christianity must be a combination of action and belief. However, it also made me more committed to some of the fundamental underpinnings of Christian theology, which I had admittedly abandoned in my own desire to equate being a Christian with being a good person and trying to do the right thing. However, reading this book, I came to the realization that I was failing to embrace all of Christianity. Just as it is necessary, but not sufficient, to be a good person in order to honestly…… [Read More]
BP Oil Spill
Strategy and Corporate Governance
The bp oil spill of 2010
British Petroleum (BP) is one of the largest oil exploring companies in the world. It is recognized for its efficient practices. In recent years it has positioned itself as an environmentally responsible company by stressing its commitment to undertaking exploration activities by causing minimum harm to the natural environment. It has also invested in technologies to make drilling under the seabed more secure so that oil spills do not occur. However, these claims were brought into question on April 20, 2012 when a massive explosion and oil spill took place on the Deepwater Horizon oil rig over the Macondo oil well in the U.S. Gulf. There was huge damage to the marine environment and to the livelihood of people living in the coastal communities in Louisiana and other coastal states. The poor response of the company was…… [Read More]
DUNLAP V. TENNESSEE VALLEY AUTHOITY
Dunlap v. TVA
Dunlap v. Tennessee Valley Authority (2008)
Dunlap v. Tennessee Valley Authority (2008)
Explain why the plaintiff's disparate impact claim failed?
A claim of disparate impact implies that the employer (defendant) unintentionally discriminated against the job applicant (plaintiff) (Seiner, 2013, p. 287). Under Title VII, any hiring practice that is fair in form, but through its application is effectively discriminatory, is illegal (Dunlap v. Tennessee Valley Authority, 2008). The protected demographics under Title VII include racial minorities, religious minorities, and women. Mr. Dunlap's status as an African-American fulfills this requirement. In addition, the hiring practice must be unrelated to the open position and inconsistent with business necessity to be successfully challenged under Title VII. In other words, a claim of employment discrimination should provide evidence that the discriminatory practices were unrelated to the job and not required by the business. Mr. Dunlap sued…… [Read More]
2. Explain five things employer can do to insure compliance with FLSA.
The most important action that an employer can take to ensure compliance with FLSA is to remain organized and pay attention to detail (Deadrick). Overtime violations have replaced discrimination claims as the number one problem relative to FLSA compliance and accurate and detailed record keeping can alleviate most of these problems. In regard to this record keeping it is essential that human resource departments properly classify each employee's exempt / non-exempt status as to the paying of overtime. The provisions of the FLSA carefully detail which employees are eligible for overtime and which are not. Human resource departments must follow the FLSA language strictly in making this determination.
It is also essential that employers carefully and accurately record the number of hours spent by each employee and that such recording procedure is not subject to manipulation or abuse.…… [Read More]
Bertrand Russel and Ludwig ittgenstein's personal and professional relationship is well-known, with Russel having famously sponsored ittgenstein's submission of Tractatus Logic-Philosophicus for PhD credit at Cambridge University. Both philosophers were important early contributors to the theory of logical atomism, and although they would both go on to reject many of the ideas central to logical atomism, their work nevertheless represented an important break from philosophical Idealism and set the stage for the developments of the twentieth century (Hylton 105, 116). However, despite the general agreement between Russel's The Philosophy of Logical Atomism and ittgenstein's Tractatus, the philosophers disagree on the question of skepticism. For Russel, skepticism is an irrefutable position, whereas ittgenstein characteristically describes skepticism as being "palpably senseless" (ittgenstein 187). Fully understanding ittgenstein's meaning requires an analysis of the role of skepticism in both Russel and ittgenstein's work, but ultimately one can say with relative confidence that ittgenstein…… [Read More]
Health and Safety in Construction Industry
The construction industry is by far the most dangerous one as it takes more lives every year and results in many short- and long-term minor or severe injuries. The UK government regulatory bodies have been playing a significant role in ensuring that proper health and safety procedures are followed. Throughout the last four decades, its role has been impeccable in decreasing fatalities in the construction industry, although the excessive rules and regulations, frequent changes, bureaucratic structure and lack of project management and risk management techniques have dented its efficiency in protecting small construction companies and contractors, resulting in a compensation and claim culture engulfed with individual profiteers such as insurance companies, lawyers and health and safety consultants. These excessive regulations have pushed constructors to adopt some illegal practices in order to decrease cost and probability of claims from injured workers. The risk management and…… [Read More]
Is Jesus the Only Savoir? Is onald H. Nash's opportunity to develop a passionate and well-developed argument answering yes: yes, Jesus is the only Savoir. However, Nash does not rest on the reader's understanding or experience of faith to make his case. The author takes a different approach, using logic and reason to explain that at least to a believer in Christ, there can be no other paradigm other than Christian absolutism. According to Nash, pluralism by its very definition violates the tenets inherent in the New Testament. It is therefore impossible for a theologian, especially a Christian one, to be a pluralist.
Nash's scapegoat, for better or worse, is John Hick. Hick is a theologian who has succumbed to the temptation of thinking pluralistically and who attempts to show that Jesus is in fact not the only savior. Nash picks apart Hick's argument by revealing the logical fallacies…… [Read More]
Partnership and Employment
Two Classes of Partnership
A partnership is a business with more than one owner and has not applied to become a corporation or a limited liability company (Laurence, 2012). The two general types are general partnership and limited partnership. The general type is the more common. Each partner has a hand in its operation. It is also the simplest and least expensive business structure to create and maintain. oth partners share all the liability for the debts and obligations of the businesses, including court decisions. Either partner is bound to a contract or deal entered into by the other partner. The partners pay partnership taxes, which "pass through" their business to their respective individual income tax returns. Creating a partnership does not require filing of papers. Two persons who agree can do so and then register the business with the payment of a minimum tax. Although there…… [Read More]
Tax Deductions: Are Unpaid Loans Tax Deductible?
John loaned his friend Jack $1,000. Jack did not repay the debt and left town. John wants to know if he can claim any tax deduction, and, if so, what is the character of the deduction? However, to answer John's question, one must first find out more information about the nature of the loan. This is critical because there are two broad types of loans and debts: business loans and personal loans. Furthermore, under the correct circumstances, it is possible for people to take tax deductions for certain types of business loans and personal loans. Knowing whether John made Jack a loan from his personal money or from his business money is the crucial first step in determining which, if any, Internal evenue Service (IS) regulations or tax laws will permit John to deduct the unpaid debt.
If John is a business owner…… [Read More]