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Defamation in Business Law
What is Defamation?
Defamation is when a peson's eputation o chaacte is damaged (o injued) due to the false statements o actions of othes. A defamatoy statement can affect both a peson as well as a copoation. This is a black spot on a peson's good name. It tanishes the eputation of a peson and can leave it in tattes. It is moe like an impope attack against a peson's ight to his/he good name and eputation Defamation is a false attack on you good name.
The only question which emains is will the statement will lowe the peson o copoation's standing in the eyes of the wold? Will it cause othe people to avoid dealing with the plaintiff in a pesonal o business setting? Howeve not evey defamatoy statement is taken to be a valid defamatoy claim by a cout of law. Not all defamatoy…… [Read More]
Business Ethics Case 3.5: Defamation and Change of Venue
The National Enquirer is a tabloid newspaper and as such, makes its revenue primarily from printing stories regarding public figures that are not inherently supported by meaningful investigative journalism, professional ethics, protection of privacy or adherence to responsible fact-finding. This is demonstrated in the defamation and invasion-of-privacy case delineated here, where Shirley Jones has pressed charges against the widely popular publication for printing an article which she believed portrayed her inaccurately and in a manner that will have damaged here reputation as a performer or as a private citizen.
Because the publication and its president are based in Florida and the suit has been brought in California, there is some pertinent debate regarding the defendant's attempt to have the venue moved to its home state. Here, The National Enquirer has appealed to the argument that its operations being in Florida…… [Read More]
The idea behind defamation law is very simple. If and when the reputation of an identifiable third person is lowered by the communication from one person to one or more person/persons and where the communicator has no legal defense it is called defamation. Balancing of the right of a person to protect his reputation with free speech is aimed at the formation of the defamation law. Defamation law is divided into two viz. oral and published. "Comments or stories told at a party or meeting is called Oral defamation or 'slander'." 1. TV broadcasting or a newspaper article is published defamation also known as 'libel'. Libel defamation includes pictures and words also. Anything that badly affects the reputation of a person is defamatory.
If a comment takes a person into disrepute, contempt, or ridicule is very likely to be defamatory. Defamation consists of libel and slander. Libel is defamation…… [Read More]
There are many cases involving junior employees faking accusations against the senior employees around the world. The intention by the junior employees to do this is often dependent on the individual employees and their work environments. However, the impact of their slander is adverse as it can lead to the dismissal of the top leaders (Kenyon, 2013). When CEOs are fired because of false accusations by the junior officers, the legal directors of the company are deemed to have failed in protecting the CEOs against false accusations. They are the ones mandated to ensure that everything within organizations run well and no individual suffers any unjust attack. As a result, it is necessary for the board of trustees to be vigilant to note and stop any attempt by employees to hurt the top management on baseless accusations. The United Kingdom law forbids against any unjust accusations on individuals for…… [Read More]
Defamation & Anonymity
The world of communications, both online and print, needs major over hauls in laws and teaching society to respect each other. Internet communications should be awarded the same protection, rights, and consequences as communications in print media. News organizations should not be singled out where anonymity is concerned. Printers are required to protect anonymity except if they are a news organization. It would be much easier for society if everyone had to follow the same rules, with a few exceptions of reprisal or embarrassment.
Some feel that anonymous posters should have the same protection as a journalist's confidential sources. Confidential sources are not anonymous (Wasserman). The journalist knows who the source is and is required to evaluate the creditability of the information and the vulnerability of the source. The reporter shield laws express trust in the reporter's expertise of evaluating the value and creditability of the information…… [Read More]
Hall by publishing the truth in any letter of recommendation (Dershowitz,
In reality, Dean Moore's refusal was not the result of any prejudicial or otherwise impermissible basis. Nevertheless, the dean's strongest possible position would be to offer to write the requested letter but to inform Ms. Hall that any such letter would necessarily, as a matter of social responsibility and sound public policy, have to include a description of the circumstances of Ms. Hall's departure from NBSU in conjunction with an objective and fair description of her actual academic performance and technical competence. Even if her refusal to provide any letter is justified, defending a discrimination lawsuit is expensive and potentially damaging to the institution. On the other hand, there is no such thing as a legal claim arising from someone's refusal to lie and any suit brought by Ms. Hall based on the dean's insistence on full disclosure…… [Read More]
This provision is based on the rationale that general damages do not represent financial loss to the injured person. A number of changes have also been made to the law in respect to assessment of damages for past and future economic loss.
4. The maximum amount of damages for economic loss due to loss of earnings or the deprivation or impairment of earning capacity is fixed at a rate of three times the average weekly earnings in New South Wales for the most recent quarter occurring before the date of the award.
5. Future economic loss predictions, for the purpose of making an award, must be based on assumptions that accord with the claimant's most likely future circumstances but for the injury. If the court makes an award for future economic loss, it must adjust the amount determined by reference to the percentage possibility that, but for the injury, certain…… [Read More]
Pursuant to your request I have reviewed the circumstances surrounding your concern as to whether you have a viable case for defamation. Please be advised that this analysis is based entirely upon the facts presented by you and that any variation in the actual facts can alter the situation entirely or mitigate the possible damages.
Please be aware that the area of defamation is a difficult one and that the elements of your claim are dependent entirely upon whether or not the defendant in this case is considered a public or private figure. Also, you should be aware that, unlike many causes of action, defamation laws vary significantly from state to state, so being full advised as to the law in your particular jurisdiction is essential.
Whether the defamation in your case is one of libel, a written statement, or slander, an oral statement, the statement itself must…… [Read More]
Peace Journalist in Iraq
While it is always critical for journalists who are war correspondents (Appeals Chamber, 2002) to exercise extreme care in reporting on what they see, they still have many basic rights and obligations that need to be protected and actively defended. In this instance, many of these are directly threatened and must be addressed because they could be seen as extreme encroachments upon core Constitutional expectations. In particular, there seem to be at least the following major points that could be used as the basis for a successful defense:
There is no indication that the incident in question is of sufficient importance to justify a direct suppression of the First Amendment right to the Freedom of the Press. The fact that there is or might be a verbal agreement and a PR strategy would not constitute as justification for not reporting on what amounts to otherwise…… [Read More]
The problem is that there is no protection against this issue. This is due to the newsfeed in the profile of each user. The argument of the company is that the news feed will ensure the users get to see more content from others. however, this means that there is no certainty of the next item that the user will see on the news feed. This is a serious privacy issue to the user because they cannot view their news feed at free will because of fear on the content of the feed (Milenkovski, 2011, p1). This limits the convenience of this site to the users because of the indecency that arises out of the website.
In this instance, the company should introduce appropriate measures to curb against this issue on indecency. There should be software that detects some indecent language. This will then inhibit the viewing of such information…… [Read More]
al, 2002). In addition, change occurs quicker when leadership is diverse, as well (Hampton and Lee, 2007). Finally, ethnicity and diversity issues should be included in organizational behavior courses, so that all business and industry has more access to this information (Mamman, 1996). Change must occur in our society, and an end to prejudice must be achieved for our society and our workplaces to be truly free and equal.
Barnes & Noble, & the Anti-Defamation League. (2001). 101 ways to combat prejudice. etrieved 19 March 2008 from the Anti-Defamation League Web site: http://www.adl.org/prejudice/closethebook.pdf.
Ehrlich, H.J. (2002). Understanding hate crimes. etrieved 19 March 2008 from the Prejudice Institute Web site: http://www.prejudiceinstitute.org/understandinghatecrimes.html.
Green, K.A., L pez, M, Wysocki, a., and Kepner K. (2002). Diversity in the workplace: Benefits, challenges, and the required managerial tools. etrieved 19 March 2008 from the University of Florida Web site: http://edis.ifas.ufl.edu/H022.
Griessman, G. (1993). What is…… [Read More]
Employee Privacy Torts
Issues relating to employee privacy have been at the forefront of businesses for many years. This has been fuelled by the dynamic workplace which changes constantly and also by employees and employers being more litigation-conscious. Technology has also spurred on employee privacy issues with e-mail and the internet being related to heightened concerns about vulnerability of employers to litigation. Many employers have thus exacerbated their concerns relating to employee privacy and especially monitoring of employee behavior. Employee privacy is respected in many of the large corporations. However, there still exist some breaches in employee privacy. Small business owners are at most risk as a result of their increased monitoring practices and close employer-employee interaction.
oberson v. ochester Folding Box Company
One of the major cases that brought employee privacy to the limelight was oberson v. ochester Folding Box Company
Franklin Mills Co. decided to appeal…… [Read More]
access LexisNexis database Keller Library, student resources tab Course Home
According to the court in this case, the most "jealously" protected free speech is that which prohibits people from taking about matters of public interest and the ideas and notions that surround the concerns of the public.
The Supreme Court of New York originally decided that the defendant's grounds to dismiss the plaintiff's action because there was not a cause of action stated.
The fact in this case are that a radio station made disparaging remarks about a newlywed woman, Annette Esposito-Hilder, in its daily programming show called "Ugliest Bride." However, these radio station representatives did something that they do not usually do which is to provide the real name of the bride, as well as that of her place of employment and of her employers. The bride claimed that doing so was an intentional infliction of emotional stress and…… [Read More]
ethical and legal guidelines for those in the counseling field are in place to assure that those practicing counseling set high standards. This paper covers several of the important ethical principles that are demanded of counselors -- and covers the CPT Codes related to invoices sent to insurance companies.
It is fundamental to any discussion of ethics in counseling that those leading groups are indeed qualified to be in that position. Just as it is not ethical for a dentist to practice when not fully trained or prepared, is it not ethical "…to practice any kind of counseling without proper preparation" (Jacobs, et al., 2011). An advanced degree from a college or university does not "make one qualified to lead groups," Jacobs continues (28). A group leader has the "ethical responsibility" to fully understand "group dynamics, group process, group leadership skills, and group development" (Jacobs, 28). If the counseling group…… [Read More]
Discuss the basic types of homeowners policies that are used today. When is each type most appropriate?
Homeowners insurance policies are for people who own or are buying their own home and for people who rent a home or apartment. A homeowners policy can also include a personal liability policy, often referred to as an umbrella policy, that extends the liability limits of other policies in case a court awards higher amounts than a policyholder's limits. Personal property riders for expensive property can be added to a homeowners policy to cover items and belongings that are higher risk for damage or theft. Special riders can also be purchased to cover natural disasters that may be excluded from homeowners policies, such as earthquake, flood, or tornado; minimally, a homeowner should be sure that their property is not underinsured.
Discuss the pros and cons of purchasing the rental car damage…… [Read More]
Businesses throughout the world are often confronted with various legal issues in the course of carrying out business operations. Various laws have been created to protect consumers and companies from harm. hen adherence to these laws does not take place there can be serious legal and business consequences. The purpose of this discussion is to describe the impact of the legal system, risk management, torts, and contracts on estJet.
estjet is a low costs commercial airline carrier and the company is a member of the commercial airline industry. Clive Beddoe and his partners founded estJet in 1996 (estJet). Beddoes and his partners created the airline on the premise that low coast airlines should provide service compatible with the higher costs airlines. At the company's inception they had only three aircraft and only service five destinations. In addition the company only had 220 estJetter (estJet)s. Today the company has grown…… [Read More]
Allestree indicates that flattery is a form of mental slavery and says that love and friendship are far too valuable to prostitute them. In addition, he believes that flattery is harmful because, by failing to point out a man's flaws, or by transmuting those flaws into assets, one condemns the man to continue in those faults. Furthermore, he points out that flatterers are often treacherous, because their affection ends when the one that they have flattered falls out of favor. In fact, when the formerly adored friend falls out of favor, the flatterers are often the first to point out their faults to those who are coming into favor.
In section nine, Allestree speaks about boasting. Boasting is not limited to people speaking bombastically about themselves, but also includes people who cannot hear talk on any subject without trying to turn that subject towards them. Therefore, it becomes clear that…… [Read More]
Qualified privilege has the same result as absolute privilege, but does not protect statements that can be proven to have been made with malicious intent (Pember, & Calvert, 2005).
The church would argue that they had a qualified privilege to communicate Steve's personal indiscretions due to the fact that they have the right to practice their religion. They will say that the disclosing of personal indiscretions is somehow a religious practice in their church and that everyone must disclose their indiscretions to them so that they can then make these public so that other people can help the person with their problems. They would argue that the statements were important facts to be known in the public interest in the carrying out of their religious practices.
d. Is there a legal difference in disclosing personal indiscretions to other elders, to members of the church, or to members of the public?…… [Read More]
Most importantly, these are the harm to reputation and false facts. Two subchapters are allocated to each of these aspects, with the chapter concluding with the description of different defenses and damages and other remedies.
Chapter 9 discusses the issue of the wrongful invasion of privacy. Several potential cases of invasion of privacy are introduced, such as the public disclosure of private facts, the appropriation of the plaintiff's name or likeness and publicity placing the plaintiff in a false light. There are several different claims that are detailed in this chapter, including claims involving privacy for third persons. Finally, the last subchapter includes a reference to related torts, such as the breach of confidential relationship.
Chapter 10 is a general chapter that presents other torts that have not been included in any of the other chapters. Other torts include misrepresentation, negligent misrepresentation, injurious falsehood and interference with economic relations. At…… [Read More]
individual making the leak would likely be protected by First Amendment laws given that the statement was made by the sheriff regarding the investigation 'on the record,' as is noted in the report. If a statement was made about a public figure who has less of an expectation of privacy under current legal interpretations, regardless if the leaker was a member of the press or a private individual, the statement would be thoroughly protected. "Despite popular misunderstanding the right to freedom of the press guaranteed by the First Amendment is not very different from the right to freedom of speech. It allows an individual to express themselves through publication and dissemination. It is part of the constitutional protection of freedom of expression [for all individuals]. It does not afford members of the media any special rights or privileges not afforded to citizens in general" ("First Amendment," 2014). All citizens have…… [Read More]
One of the most common issues, psychologists will face is applying how different ideas are relevant in real world situations. In the case of defamation and slander, these consequences can have a negative impact on the reputation of the individual. This can harm their social standing and public perception.
The Internet is making these issues more complicated. This is because people can go online and make any kind of statement without considering the facts. These areas are troubling, as it is creating harm to the image of the person and their character. The case Hutchinson v. Proxmire is showing how these definitions can be very broad depending upon what is said and the intention of the other party. ("Hutchinson v. Proxmire," 2013) (Sanders, 2012)
In this particular situation, Dr. Hutchinson claimed that his reputation was damaged based upon comments made about him by William Proxmire. He was a U.S.…… [Read More]
If there is ever a case where the courts cannot determine what the original intention of the parties was, the country with the most logical connection to the contract is often chosen as the country of law for deciding the dispute. The place of performance of the contractual duties; the place of residence of the contractual parties; the nature of the subject matter of the contract -- all of these have been used to decide contract jurisdiction.
Torts -- wrongs done to others -- are the domain of civil law. s with contracts, there is a "proper law of the tort," which country has the most significant relationship with the event or the parties. The law of that country applies. Therefore, the place where the wrong occurs is usually which law applies. This is similar to the way tort cases work in the United States. The state in which…… [Read More]
The teacher was given a good reference, was hired again on the basis of that reference and committed another sexual assault, a situation that mirrors that of Davis. In that case, there were no evidentiary hearings for the teacher, meaning that technically the sexual assault allegations were hearsay (McCord, 1999). In the Davis case, Herrera had resigned before the hearing could take place.
Thus, it is difficult to determine whether negligent referral occurred here. Mr. Steele had not proven in an evidentiary hearing that sexual assaults had taken place, nor had Mr. Herrera been convicted in a court of law. For his part, Herrera had denied the allegations. Had Mr. Steele relayed those allegations to a prospective employer, he may have exposed the County to a defamation suit from Mr. Herrera since no allegation against Herrera had actually been proven.
Decision Hold and Court's Claim
The Appeals Court reversed the…… [Read More]
As the saying goes, 'two heads are better than one' so teams working together can find solutions better than a person working alone. Collective wisdom is important in business and as such, given the diversity in the workforce, professionals are required to be adaptable and willing to evaluate the way they conduct business. According to the Anti-Defamation League diversity has a direct impact on the marketplace, talent, and organizational effectiveness.
Moreover, according to them, when companies value diversity and effectively manage it, they can build better relationships, improve decision-making, stimulate effective team building, expand the ability to change problems into opportunities, provide employees with skills that promote organizational effectiveness, increase employee initiative, camaraderie and morale, and reduce conflict among many other benefits. In today's economy, successful organizations "recognize that managing diversity is an opportunity to increase productivity and create effective business strategies." (Anti-Defamation League, 2003).
Anti-Defamation League. (2003).…… [Read More]
Under tort law, injured parties are entitled to compensatory damages which include both general damages for pain and suffering and disfigurement and special damages which include payment for loss of past and future earnings and past and future medical expenses. The awarding of compensatory damages is totally within the discretion of the jury. Under the common law, the plaintiff is entitled to a single lump sum payment. Some states have begun to limit the amount that plaintiffs can receive as a result of a personal injury or wrongful death due to the present political unpopularity of personal injury actions.
Other affected by the losses caused by personal injury actions are also entitled to seek recovery. Some examples of such individuals include spouses, children, employers of the injured party. The damages available for such individuals vary depending on the circumstances of the relationships and how the relationship is affected.
VIII. Fraud…… [Read More]
" (Paul v. Davis)
The majority went on to argue that it is almost impossible to guess at any logical stopping place to the afore-prescribed theory of reasoning. Davis' interpretation of the law as set out in his briefs would seem almost necessarily to manifest itself in every legally cognizable injury which may have been inflicted by a state official - of any sort, not just a police officer -- acting under "color of law" establishing a violation of the Fifth Amendment as extended to the 50 states by the aforementioned Fourteenth Amendment to the Constitution.
According to the majority, "We think it would come as a great surprise to those who drafted and shepherded the adoption of that Amendment to learn that it worked such a result, and a study of our decisions convinces us they do not support the construction urged by respondent."
Section 4: The Result
Consequently,…… [Read More]
Ethical Issues in Hiring
The author of this report is asked to answer to a nursing hiring dilemma. The question, as presented, could and does happen all of the time in all types of jobs, industries and hiring situations. However, nursing and the medical profession in general is a little different given that there are literally lives at risk and this means the best and the brightest should always be hired. The ethical issue in play here is how to deal with personal knowledge of someone that is sketchy and very much based on rumor, innuendo and the credibility of the person offering the information. While it may be tempting to put him lower than this, John is clearly the most qualified of the three candidates and should absolutely be number given the glut of good experience and references the man has and the absence of any hard evidence that…… [Read More]
In the United States constitution, the Commerce Clause refers to the power allotted to the Congress to regulate the inter-states commerce, and under the Commerce Clause, the Congress can control excessive interstate commerce. The Article 1, Section 8 of the U.S. constitution gives the power to the Congress to regulate commerce of several states, foreign nations, and Indian tribes. Typically, the Congress often uses the concept Commerce Clause to justify the legislative power over the states as well as the citizens leading to a controversy about the balance of power between the states and federal government.
Objective of this paper is to explore the concept Commerce Clause. The paper also discusses the Supreme Court decision with regard to the case "New York Times v. Sullivan and the tort of defamation."
Concept Commerce Clause
"The U.S. Constitution's Commerce Clause represents one of Congress's most important sources of legislative powers."…… [Read More]
secular society, Christian values, beliefs, and worldviews are systematically excluded from the educational system. Parents who can afford costly private schools can help inculcate their children into a Biblical worldview, but the majority of Christians who cannot do this and whose children attend public schools need to find ways to resolve the ideological conflicts presented to their children. Children regularly receive disparate information about crucial issues such as those related to gender roles and norms, human sexuality, and the origin of life on earth. While all of these core topics challenge Christian educators to adapt their curricula to conform to legal and societal expectations, the most contentious of these might be the evolution and intelligent design debate. Christian educators continue to struggle with presenting a more balanced worldview to their students, but legal and societal expectations persist in silencing minority voices. One of the most important contemporary issues in education,…… [Read More]
The Corporation must have cross-boarder transactions. Which of the following would be classified as Cross-Boarder?
(a) a merger wherein at least two companies are governed by the laws of different member states
(b) the conversion into an SE of an existing company that for at least ONE year has had at least one subsidiary in another member state
(c) the formation of a parent company where each of at least two of the companies is governed by the laws of different member states.
(37) What is the minimum share capital required to convert to an SE?
(a) 120,000 Euros
(b) 200,000 Euros
(c) 300,000 Euros
(d) There is no capital requirement to convert to an SE
(38) the process of registration includes the following EXCEPT:
(a) Bank Accounts must be established after notarization of the Articles of Association
(b) Cash Contributions must be paid AFTER corporate registration
(c) Directors must…… [Read More]
The fact that industrial control systems may be vulnerable to infiltration by other citizens, or international parties puts laws pertaining to intersection of systems transmission at the forefront of priorities for us all.
At present, telecommunications interference of private citizens holds an up to a five-year prison sentence by U.S. federal law. How cyberterrorism is addressed, when the stakes are heightened, leaves a whole host of opportunities for citizens, and legislators to voice their opinion as new technologies for privacy invasion come on the market.
Every ISP access point imaginable is cited within the literature on cyberterrorism, including direct access networks, maintenance of dial-up modems, and of course the internet, remote systems architectures. Exponential information like SCADA systems create an incredibly vulnerable area for hackers interested in "knowledge sharing" network data toward sabotage of industrial operations and state military interests. DHS strategic responsibilities take care of the broad brush stroke…… [Read More]
Authors Donald Lively and ussell Weaver describe Hustler Magazine as Falwell's "antagonist (p. 79)," no doubt representing for Falwell abuses of our Constitutional freedoms.
"In 1983, Hustler Magazine decided to parody Falwell using a Campari Liqueur advertisement. The actual Campari ads portrayed interviews with various celebrities about their 'first times.' Although the advertisement actually focused on the first time that the celebrities had sampled Campari, the ads portrayed the double entendre of the first time that the interviewees had engaged in sex. Hustler mimicked the Campari format and created a fictional interview with Falwell in which he stated that his 'first time' was during a drunken incestuous rendezvous with his mother in an outhouse (p. 79)."
The Oregon Commentator, May, 2007
There is probably no limit to the outrage that was felt by Falwell, and by his support base, both of which would have been offended, first, by using Falwell…… [Read More]
S. Although this concern has remained, nowadays, the agenda of such agencies features a wider range of issues, especially the relationship between the American Jewish community and Israel, as well as that with other Jewish communities all over the world (Chanes: Advocacy Organizations). The Jewish Education Service of North America (JESNA) and the Coalition for the Advancement of Jewish Education (CAJE) are national bodies dealing with Jewish education (Ibid.: Educational and Cultural Organizations).
Social services have always been one of the strengths of the American Jewish community. Central to the Jewish community, the first federation was established in 1895 and functioned thanks to its volunteers who managed to link philanthropic institutions and Jewish social services in a very efficient fund-raising effort. The growth of the community also brought about the development of the federations which have achieved considerable power and influence within the Jewish community. Today, federations around the country…… [Read More]
A burned wall collapses onto a crane which falls and injures Flo, a bystander.
Issue -- on what legal grounds could Flo recover damages from Dan.
Legal Issues -- Clearly, Dan was the actus reus, or specific instrument of an action in which other events flowed. It is not just Flo that can recover damages, but the gas station, the construction company and/or tenant, and the owner of the crane. While Dan did not plan the actions, he was liable for deliberate conduct regarding the events; he was reckless in that he knew (we assume he has passed a valid driver's test) that one should not leave a vehicle running and without an emergency brake.
Discussion -- Negligence is a breach of conduct or a failure to take reasonable care, intention or not. ecklessness means that the person was deliberate and aware of their actions, not necessarily the consequences. eckless…… [Read More]
Snyder v. Phelps
The First Amendment is part of the Bill of ights, and prohibits the making of any law " impeding the free exercise of religion," infringing on the freedom of speech, infringing on the freedom of the press, interfering with the right to peaceably assemble or prohibiting the petitioning for a governmental redress of grievances." Originally, the First Amendment only applied to the Congress. However, in the 20th century, the Supreme Court held that the Due Process Clause of the Fourteenth Amendment applies the First Amendment to each state, including any local government (Farber, 2002, intro). The First Amendment has been used over and over again to test the limits of free speech or exercising opinions that may be contrary to current public views, or even offensive to some.
This was the case in a 2011 Supreme Court Decision, Snyder v. Phelps (562 U.S. Supreme Court), in which…… [Read More]
According to Freud, human societies require people to give up many of their most natural instincts and to replace their natural desires with the need to satisfy the "false standards of measurement" such as the "power, success and wealth [that they seek] for themselves and admire & #8230; in others, and that [as a result,] they underestimate what is of true value in life." Fred suggested that the need to live up to the standards and expectations set by society causes "too many pains, disappointments and impossible tasks" and that "to bear it we cannot dispense with palliative measures." By that, Freud meant that all of the psychological mechanisms, substitutions, and escapes that cause psychological problems and that often prevent human happiness. These ideas introduced by Freud about the psychological price paid by people living in society would later be part of the views of several other 20th century sociological…… [Read More]
Enterprise isk Management
Alumina, Inc., henceforth being referred to as AI, is an aluminum-based company. AI is at the center of focus in the Business egulation Simulation that was studied for the purpose of this paper. This paper will identify a significant tort that was committed by AI in regard to the legal issues and their corresponding principles as drawn from the simulation (Harb, 2008).
Negligence is the greatest tort committed by AI in the legal issues realized from the simulation. The first and most delicate legal issue arising from negligence by AI is the threat of a destructive lawsuit being forwarded by a 38-year-old lady, Kelly Bates. The lawsuit accuses AI's continual role in polluting Lake Dira's water that ended up affecting her 10-year-old daughter by contracting leukemia. The other legal issues that AI faced were the threat of defamation regarding AI's responsible in safeguarding human welfare, which also…… [Read More]
God Bless America
(or is it still all right to say that?)
The Limitation of Judeo-Christian Beliefs
by Liberal Interpretations of the Law
In the interests of preserving the civil rights of all Americans, legislation over the past few decades has mandated a conspicuous absence of Christian or Jewish symbols, prayers or teachings from public places: the classroom, the sports arena, the courts, public buildings of all sorts. Yet followers of these faiths make up the majority of Americans. In the wake of the tragedy of September 11, and the previous shocking incidences of student violence at Columbine and other schools, Americans feel the need for increased, rather than decreased, emphasis on religion in the classroom and everywhere their children go. What can be done to protect the rights of these citizens to observe the dictates of their beliefs in their daily walk of life outside of their homes…… [Read More]
Human Resources -- Employee Separation Policies and Procedures
Employee separation is an inevitable aspect of the business world. Careful consideration of the company's core values, stakeholders, legal requirements and financial well-being are all taken into account when preparing a Separation Policy. By establishing and implementing procedures, some of which are followed even before an employee is hired, the company can accomplish employee separation with a minimum of financial, legal and morale risk.
Separation Policy ith Specific Procedures
A Separation Policy must be well-planned and effectively communicated to avoid some common pitfalls of employee separation. Most employees, absent a collective bargaining agreement, are "at will" employees (Zachary, 2008). However, employees still sue under several theories. To avoid successful suits by former employees, the company must take care to treat different categories of employees the same to avoid successful discrimination suits; terminate the employee only for lawful reasons to avoid successful wrongful…… [Read More]
nuclear deal with Iran. A tentative agreement has recently been signed, and the final details need to be worked out by the end of June. The parties at the negotiating table have an interest in a negotiated agreement, even if some other stakeholders do not. Given that, while there still risks that the deal may be scuttled or delayed, in all likelihood the deal will pass. The trade-off for the U.S. will be that it gets some certainty with respect to the Iranian nuclear program in exchange for allowing Iran to have a civilian nuclear program for power generation, subject to strict controls. The paper analyzes the other options on the table and explains why a negotiated agreement with Iran is superior to the other potential alternatives that are available.
At the time of writing, Iran is engaged in talks with the United States and several other stakeholder nations…… [Read More]
Human Resources is an important part of any organization: it serves as the oil that helps the business's engine come to life. he parts all depend on the guidance, training, foresight, initiative, and diligence that HR staff exercise. HR is responsible for new hires, making sure the right persons are placed in the right roles, overseeing training, and providing assistance to employees seeking to discuss issues at the workplace. HR puts a human face and human touch on what can otherwise seem like a mechanical, highly impersonal and formalistic business world. Stress can be caused by impersonal factors -- such as disconnect between workers and management, or multigenerational outlooks that conflict and lead to negative feelings and will. However, stress does not have to been as an obstacle because it often points to underlying issues that need to be addressed, and in this sense should be viewed as an opportunity…… [Read More]
They should also ensure that the activities picked match with the goal intended by the event. The last bit involves acquiring all the needed items and set up the venue. The follow up activities will involve getting responses from the participants and the targeted group to evaluate the success of the event this may be helpful in planning a similar event in future (Essortment, 2002).
A short speech by the CEO
ecent statistics indicate that up to eighty percent of the citizens of this nation are uninsured; more than twenty five percent of these uninsured populations are in working families. More than 9 million of them are children. More than eight out of 10 are in working families. They are our neighbors, friends, and colleagues who are forced to speculate every day that they won't get sick or injured. A health insurance cover is a necessity for all of us…… [Read More]
The creation of the state of Israel in Palestine lent Jews in America a degree of legitimacy. And Jewish-Americans were now on the cusp of a new reality.
Unit IV: 1946-1976
In the 1950s the Anti-Defamation League sought to have the immigration laws of decades prior repealed. President Truman was sympathetic to the millions of displaced persons, a good portion of which were Eastern Europeans of Jewish descent. Even though America was largely outraged at news of the Holocaust, many Americans reserved the suspicion that Jews were crooked bankers secretly poised for world domination. The immigration laws were not repealed.
The 1950s also saw a debate concerning the census of 1960: should it contain religious questions? Here was an issue that embraced social, political and religious points all at once. The way Jewish-Americans faced the issue had repercussions for the entire nation. The book Protestant-Catholic-Jew had helped establish the idea…… [Read More]
S. market for counterfeit goods and if Coach and other companies are taking advantage of law. It is foolish according to the attorney of Kim for Coach to threaten its customers with $2 million lawsuits and before antagonizing customers the company must do a minimal investigation and it is not known how many customers got scared and paid off Coach. Kim, had worked for the Coach in 2004, filed suit saying among other major charges that the company wanted to suppress online sale of used items to pay high prices to the company for a Coach handbag. There is a problem for all companies which grapple with counterfeiting and it is often seen on Craigslist and eBay. Along with Kim one more eBay seller, James Caffarella of Littleton, Mass was also sued when he tried to sell legitimate silver golf-ball Tiffany key chain using a stock photograph. He too received…… [Read More]
They would subsequently call them at home, leave literature and fetus dolls at their door, and even call families and distant relatives of the patients to inform them of the patients' plans to ask them to intercede. The Pro-Life advocates argued that they were lawfully exercising their right of free speech on public property (such as across the street fro doctors' offices) to verbally attack patients by name as they exercise their equally important right to personal physical autonomy under the recognized privacy penumbras.
The Value of the Legal Approach Suggested by the Article
The Yale Law Journal article (Clapman, 2003) explained various ways that the general right of free speech is limited by more important privacy rights. For example, truth is ordinarily an affirmative defense to defamation. However, existing law already recognizes that certain statements, despite being truthful, serve no valid purpose besides injuring another person, such as by…… [Read More]
Klan politics are eerily being played out in modern conservative movements such as the Tea Party. While the Tea Party does not officially endorse the KKK, the two groups share many common objectives including the mistrust of new immigrants. Today's Klansmen are basically "unhappy about the social politics of America's post-industrial, pluralistic society" and they "feel left out."
The official stance of the KKK resembles much of conservative America in that the group claims to espouse "Christian morality" and "eschews violence."
The Klan's own Web site claims that the group is "ringing a Message of Hope and Deliverance to White Christian America! A Message of Love NOT Hate!"
ecause of this misleading message, the KKK has the potential to woo new recruits and influence public discourse: neither of which can be tolerated.
Anti-Defamation League. "About the Ku Klux Klan." Retrieved online: http://www.adl.org/learn/ext_us/kkk/default.asp?LEARN_Cat=Extremism&LEARN_SubCat=Extremism_in_America&xpicked=4&item=kkk
ullard, Sara. The Ku Klux Klan. Southern…… [Read More]
A few days later the judge (Jean-Jacques Gomez) ordered Yahoo to "take all measure of a nature to dissuade and to render impossible all consultation…of the online sale of Nazi objects…or any other site or service that constitutes an apology of Nazism or a contestation of Nazi crimes" (p. 138).
The response from Yahoo co-founder Jerry Yang was that the French court does not have jurisdiction over an American company; "Asking us to filter access to our content according to the nationality of an internaut is very naive" (p. 138). Basically Yang was saying we won't obey your order and become a censor. The worst part of this for Yahoo was the media exposure; headlines had "Yahoo" and "Nazi" in the same sentence was a public relations disaster for Yahoo. hen Yahoo decided to remove all Nazi-related materials (except anti-Nazi items) from its pages that still didn't put the controversy…… [Read More]
The German suffering after the first world war and the humiliation of Germany with other nations gave the Nazis the opportunity to feed hatred of the Jews and at the same time promise that if the People gave in to the Nazi ideology, they would be in the land that would hold them a superior way of life. That the followers of Hitler followed the Ideals as true and that they also created in their own minds the need to eliminate groups of people who disagree like the communists and the Jews was the fundamental cause of the holocaust. Why did it come about? It was argued that while the political climate of the times did not show much promise, Hitler was able to deliver what he promised even if it was based on evil. This gave him ground support. One of the chief supporters of Hitler, and Aman who…… [Read More]
This will prevent visitation to illicit websites such as pornographic and gambling websites; prevent usage of ecommerce sites such as Amazon or Ebay; or to prevent the use of general recreational or social sites such as Facebook and Myspace. Other companies may elect, with all legal protection, to prevent any web navigation beyond those sites which are essential to conducting business.
hy do companies implement e-mail and Internet use policies?
Most companies determine to use such monitoring policies based on the calculated view that the loss of privacy will promote greater workplace efficiency by discouraging inappropriate use of company resources and time. Among the reasons supplied for using email and web-use monitoring, the text by iBrief (2001) offers the needs to preserve the company's professional reputation, the maintenance of employee productivity, preventing sexual harassment or cyberstalking, preventing defamation, preventing illegal company disclosure and preventing copyright infringement. (iBrief, 1)
hat assumptions…… [Read More]
The ruling stated that, since the moment of silence was for the purpose of advancing religion, it was unconstitutional. This was evidently a case-specific ruling however, and the fact is that the Court has not ruled that this moment of silence may always be unconstitutional. There are multiple court rulings in other jurisdictions that have ruled the moment of silence allowable if it passes the test of not advancing religion.
Can a student say a prayer at a school graduation ceremony? The Supreme Court has not ruled that student-led non-sectarian prayer is not allowed at public school graduation ceremonies.
The question remains open and has been decided on a case-by-case basis. It cannot be encouraged by school officials, and prayers delivered by clergy have been ruled unconstitutional.
However, prayers at public school baccalaureate services are constitutional as long as the ceremony is distinct and separated from the graduation ceremony and…… [Read More]
If done accidentally, then it must be analyzed to see if it was negligent or if the defendant was liable (meant to harm). The harm may be done through another and the defendant is still the perpetrator or cause of the harm. Assault is similar to Battery in that the harm was meant to be done to the plaintiff, but in Assault, the victim perceives beforehand that there is an "offensive contact" about to occur.
Other types of tort actions against a plaintiff consist of false imprisonment (confinement or restraint of the victim), trespassing with intent to damage property, deliberately inflicting mental distress (mental abuse) in which the victim may or may not demonstrate physical evidence of such distress.
Torts have many defenses for the defendant and are difficult to prove in many cases. However if the plaintiff can prove that the defendant "desires or is substantially certain the elements…… [Read More]
Though prejudice seems to be a natural, hard-wired part of the human brain, racism is a learned trait, but the research discussed in Moskowitz's article suggests that there are predispositions in people's brains away from racism (and therefore probably towards racism as well). That is, when it comes to racism some people are simply faster learners than others. But though individual brain function explains some racism, it is far from the whole answer.
The research Moskowtitz explains only shows a predisposition towards the leanrned trait of racism; it ultimately fails to explain the source of racism. This is where institutional racism really connects to individual racism. In a society that as a whole is even slightly racist -- as many scholars suggest our is -- there are subconscious cues all around about the "good" and "bad" race or races. People who do not form negative associations do not pick up…… [Read More]
This unity generally took the form of diplomatic and military opposition to the state of Israel. Egypt's leading role in the acceleration of Arab political unification would have a long-term effect of philosophically influencing such movements as the liberation front of Yasser Arafat in the Palestinean territory, and the host of other terror organizations which have waged guerilla campaigns in search of political recognition.
These examples will be relevant in discussion hereafter on the long-term effects of the conflict. In the immediate aftermath of the attack, it would become clear that these political implications were not accidental. Quite to the contrary, the Arabs understood quite well that they could not anticipate a military victory. Still, "in October 1973, Arab nations led by Egypt and Syria chose war as their instrument of policy -- their primary policy objective in waging war: to recover Arab lands occupied by Israel since the 1967…… [Read More]
This is also possibly the least well-documented phenomenon in the racializing of Arabs and Muslims leading to the widespread acceptance of profiling and related loss of civil liberties." (2002)
The work of Nicole J. Henderson (2001) entitled: "Law Enforcement & Arab-American Community Relations After September 11, 2001" reports a study in which Arabs living in the United States were interviewed. Henderson reports that when asked about hate crimes "...community respondents across sites mentioned fear of government policies, at times equating the detention of Arab men and special registration with hate crimes. Another leader felt that "before 9/11, there were always questions of bias from people -- from individuals -- but not ever about the government and the police." A business leader commented in response to whether or not hate crimes were a problem in his community, "Now we're dealing with another prejudice. Right now, this is a very serious problem…… [Read More]
There are also other aspects that could be included in the study of susceptibility factors, such as unemployment and criminality.
In conclusion, the main technique that the Klan uses to entice and retain members is the ideological component of their dogma and rhetoric. This is supported by factors such as the search for meaning among the youth and fear. The Klan uses fear of poverty, dispossession and other social factors to maintain a hold on their members. These aspects are strengthened and grounded in various religious perceptions and theories, which tend to justify and legitimize the actions of the Klan to existing members, as well as making the society more attractive to newcomers.
Summary of the Panel Discussion on Cults. Retrieved November 12, 2008, at http://184.108.40.206/search?q=cache:zw-HeZTvIMJ:www.bcskeptics.info/re/11.02.pdf+What+persuasion+techniques+does+the+Ku+Klux+Klan+use+to+recruit+and+retain+members&hl=en&ct=clnk&cd=5&gl=za
Apocalypse: Definition of Key Terms. Retrieved November 13, 2008, at http://csuold.csuohio.edu/english/earl/nr0apoc1.html
evilaqua J. The FI, COINTELPRO-WHITE HATE and the Decline of Ku Klux…… [Read More]
An agreement was reached - in part due to Imus' desire to save face and possibly salvage his career - for the team to meet with Imus. The meeting took place in the New Jersey governor's mansion; in attendance were the Scarlet knights, their coach, four player parents, two grandparents, an aunt, and Stringer's pastor (who served as mediator). Imus brought his wife Deidre.
Kinkhabwala, whose information of course was second-hand (since no media was present), reports that the players wanted to know, "why us?" They spoke of their rough early season (getting beaten big by Duke and UConn), and how their amazing streak during the Big East Tournament lifted them up, only to be shot down by the negativity of Imus' remarks.
Imus apparently told them about his philanthropy work, and his wife reportedly cried. In the end, the players told the media they accepted Imus' apology - no…… [Read More]
Official immunity is more specific than qualified or absolute immunity. This refers to what is known as common law torts, including inflicting emotional distress, defamation of character and invasion of privacy. Federal government officials are protected from prosecution for such crimes by official immunity.
This last issue is extremely controversial, especially after the events on 9/11 and the inception of the Patriot Act (American Civil Liberties Union). Millions have voiced their concern over federal officers who have been granted the right to enter homes and monitor a citizen's communication without advising the citizen in question of such actions. According to many, this is a violation of civil rights. Nevertheless, the federal government remains immune, because their actions are within the law, and they are protected by official immunity.
American Civil Liberties Union. "USA Patriot Act. http://www.aclu.org/safefree/resources/17343res20031114.html… [Read More]
As the movie continued, I began to look for evidences confirming his guilt. When I saw Sister James noticing how Father Flynn left Donald's shirt in his locker, I thought this confirmed my expectation. I believed Father Flynn was guilty. When Sister Aloysius suggested that this was something one could expect from lonely priests, in her first discussion of the incident with Sister James, I thought the case was closed.
As the story unfolded -- Father Flynn's confidence in his innocence and his ability to explain his treatment of children, especially in a conversation with Sister James who believes that Father Flynn's explanation is adequate and convincing -- I began to doubt. Nevertheless, I kept looking for evidences that would prove Father Flynn's guilt. Sister Aloysius's discussion with Donald's mother and the decision of Father Flynn to leave the school at the end of the film again confirmed my earlier…… [Read More]
Administrative Agencies and Due Process
In 1866, the Civil Rights Act was ratified. This was in response to the tremendous amounts of pressure that nation was experiencing in the aftermath of the Civil War. As, Congress wanted to: protect the rights of former slaves and individuals who were deprived of them. Where, it gave citizens the ability to sue organizations and individuals that were engaging in actions that were designed to limit these basic protections. Part of the reason for this was because, Congress wanted to safeguard former slaves and minorities from being discriminated against. ("The Civil Rights Act of 1866," 2011)
However, as time went by it became apparent that the more added protections were needed to ensure that everyone was given the same safeguards under the law. As a result, Congress passed the 14th Amendment to the U.S. Constitution. The established four basic principals that were designed to…… [Read More]
One of the most difficult and fundamental problems this presents is a language barrier, as many of the minority students are from Hispanic households and some only recently arrived in the country. In contrast, we only have 2 Hispanic employees, both of whom work in food service, and two teachers, one of whom is the ESL teacher, who speak Spanish. If we were to have a diversity-centered recruitment program, these children may find themselves more accurately represented by the teacher population, and would also have more options for expressing themselves clearly and being understood correctly.
The need for training is also clear, though there is some resistance to it among the longer-serving teachers. While all of the teachers have the best intentions to be non-biased and inclusive in their teaching and evaluating, there is a lack of information about cultural differences that sometime hinders them. For instance, Victor Hernandez (2010)…… [Read More]