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Analysis of Future Effects and How These Will Be Addressed
Providing healthcare providers with the ethical training they need to make informed decisions during ethical dilemmas represents a useful starting point, but the exigencies of the human condition mean that people's desires change over time, but they will always need timely and accurate information about the alternatives that are available to them. People experiencing the rigors and stresses that are involved in end-of-life decisions are naturally anxious about the appropriateness of their choices, as are their loved ones and friends. Therefore, by authorizing nurses to initiate discussions concerning DN orders, patients could receive the information they need to formulate informed decisions where they may not know alternatives exist.
Across the board, clinicians have a fundamental responsibility to provide patients with the truth, maintain their confidentiality, and ensure their autonomy. Beyond these fundamental responsibilities, the research showed that there are…
American Medical Association's opinion 2.22 (do not resuscitate orders). (2005). American
Medical Association. Retrieved from http://www.ama-assn.org/resources/doc/code-medical-ethics/222b.pdf .
Berger, J.T. (2010). Rethinking: Guidelines for the use of palliative sedation. The Hastings
Center Report, 40(3), 32-33.
The second case involves a third grader who was seriously injured (became quadriplegic) when he ran into the street after school and was hit by a car. His family argued that they had not been made aware of early release, and sued Pleasantville Public Schools (Jerkins v. Anderson a-49-06) for negligently "failing to carry out its duty to provide reasonable supervision," the NSBA explains. The upshot of the 2007 case is that the New Jersey Supreme Court ruled schools so indeed have a "duty of reasonable care for supervising students' safety at dismissal times," the NSBA explains. The Court held that schools are liable in these matters, and must: "provide adequate notice" of dismissal times; adopt "a reasonable policy concerning dismissal" and the "manner in which students of different ages will be dismissed"; and must adhere to parents' "reasonable requests regarding dismissal."
The third case involving safety and liability is…
National School Boards Association. (2007). School Law: Henderson v. Walled Lake
Consolidated Schools. Retrieved Jan. 16, 2008, at http://www.nsba.org .
National School Boards Association. (2007). School Law: Jerkins v. Anderson. Retrieved Jan. 16, 2008 at
LEGAL ISSUE, STUCTUE, and ANALYSIS
LEGAL ISSUES-LIMITED PATNESHIP. According to Black's Law Dictionary (1991), a limited partnership is a "type of partnership of one or more general partners who manage business and who are personally liable for partnership debts, and one or more limited partners, who contribute capital and share in profits but who take no part in running business and incur no liability with respect to partnership obligations beyond contribution" (p. 928). This definition of a limited partnership is congruent with the provisions of the Uniform Limited Partnership Act that stipulates such a partnership is comprised of one or more general partners and one or more limited partners who are not bound by the obligations of the partnership (Black's, 1991). A limited partnership represents an effective operational structure for asset protection because limited partners are generally liable only for their partnership contributions and not for any partnership debts…
Black's law dictionary. (1991). St. Paul, MN: West Publishing Co.
Choosing a gym. (2007). ABCs of Fitness. [Online]. Available: http://www.abc-of-fitness.com / start-fitness-program/choosing-a-gym.asp.
Cleveland, G., Wells, W.R. & Yoshimoto, G.A. (1996). Is there a limited liability company in your future? Review of Business, 17(3), 26-27.
Cruz-George, C. (2007). Gym patrons balance physical, fiscal health in softer economy.
those of the federal government. But the assessment delivered in the case of Granholm v. Heald actually seems to imply that this focus is misdirected. In a case where small wineries with limited means to obtain local distribution have attempted to broader their reach through catalogue and web-based sales, several states have invoked the language surrounding the repealing of prohibition (through the 21st Amendment) in order to oppose these efforts. The opinion outlined by Supreme Court Justice Kennedy in a 5-4 majority decision would strike down such restrictions.
Kennedy's opinion would find that "these schemes allow in-state, but not out-of-state, wineries to make direct sales to consumers. This differential treatment explicitly discriminates against interstate commerce by limiting the emerging and significant direct-sale business." (Kennedy, 1) in other words, the opinion of the Supreme Court was that laws obstructing these efforts at interstate commerce were actually inconsistent with the Constitution's intentions.…
Bagley & Savage. (2006). Managers and the Legal Environment (6th ed.). Ohio: Thompson-West.
Kelly, J.M. (2000). NTG Telecommunications, Inc. v. IBM, Inc., 2000 U.S. Dist. LEXIS 6279. District Court for the Eastern District of Pennsylvania.
Kennedy, a. (2005). Granholm v. Heald, 544 U.S. 460. U.S. Supreme Court.
Matoesian, a.A. (2005). SANDRA K. RAGAN and DENNIS MANGIARACINO, Individually and on Behalf of Others Similarly Situated v. at&T. Appellate Court of Illinois, Fifth District.
To date there have not been any uniform dispute resolution rules put into place by the FAPESP (Daniel, 2002). According to Aoki, "Disputes involving.br Top Level domain name registration must be solved through settlement between the parties or litigation. To solve a.com Top Level domain name dispute, Brazilian companies are presenting claims before the ICANN panel (Internet Corporation for Assigned Names and Numbers), a World Intellectual Property Organization (WIPO) administrative organization" (2001).
The first company in Brazil to bring a claim before the WIPO was a telecommunications company known as Embratel. Their grievance was with the domain names "embratel.net" and "embratel.com," which had been registered by a third party in the United States. The panel ruled that Embratel had rights to these domain names. They based their decision on the fact that Embratel is a recognized trademark around the world (Aoki, 2001).
Since domain names are used around the world,…
Aoki, Erica. "Domain Name Issues in Brazil." Steel, Hector & Davis. March 2001. http://www.jurisnotes.com/IP/articles/domainissuesbrazil.htm
Daniel, Dennis a. "Brazil: Update on Domain Names in Brazil." It & Telecoms. 23 May 2003. http://www.mondaq.com/article.asp?articleid=18579
Fitzgerald, Brian, Gamerstsfelder, Leif, and Gulliksen, Tonje. "Marketing Your Website: Legal
Issues Relating to the Allocation of Internet Domain Names." University of NSW Law
He gears his book to the perspective of a therapist who may feel confident that he or she has been practicing ethically, but may be uncertain of the best way to deal with the law. He stresses that, merely being ethical as a therapist does not mean that the therapist can be sure that he or she can avoid litigation. The law and patient's troubled psyches can be fickle, Hedges notes from his own and colleague's personal experience. He contrasts the perspective of the current state of the law and most judges with how therapists view their practice. Above all, Hedges attitude can best be summarized with the title of one of his chapters -- practice defensively.
Hedges takes a strong stand on what he sees as intrusion by the state into the personal relationship between client and therapist, and interference of professional organizations. He believes that only if patients…
" Mainstreaming entails allowing a disabled student to be integrated into the classroom with other non-disabled children and be able to learn amongst nondisabled chidren as well. In 1991, the U.S. Court of Appeals described the purpose and end goals of the mainstreaming or inclusion policy that comprises the LRE- "Under the Act, mainstreaming is a policy to be pursued so long as it is consistent with the Act's primary goal of providing disabled students with an appropriate education" and that "where necessary for educational reasons, mainstreaming assumes a subordinate role in formulating an educational program" (Wright and Wright, 2009). The purpose of inclusion was so that school and school districts would not segregate handicapped students from other non-disabled students.
The continuum of alternative replacements is something that the Individuals with Disabilities Education Act requires that school districts have "a range or continuum of alternative placements options to meet" the…
Links, Bo. (2010, February 01). Fape litigation under idea statute: who is a prevailing party?. Retrieved from http://slotelaw.com/articles/fape-litigation-under-idea-statute-who-prevailing-party
National Dissemination Center for Children with Disabilities, Initials. (2010, September). Idea -- the individuals with disabilities education act. Retrieved from http://nichcy.org/laws/idea
Philadelphia Mental Retardation Services, Initials. (2005, July 25). Individuals with disabilities education act idea. Retrieved from http://www.mycitymyplace.com/idea.htm
U.S. Department of Education Office for Civil Rights, Initials. (2010, August). Free appropriate public education for students with disabilities: requirements under section 504 of the rehabilitation act of 1973. Retrieved from http://www2.ed.gov/about/offices/list/ocr/docs/edlite-FAPE504.html
" (p. 471).
Finally, the Court ruled that the police could not interrogate suspects who expressed the desire to exercise their right to remain silent and that. "Once warnings have been given, the subsequent procedure is clear. If the individual indicates in any manner, at any time prior to or during questioning, that he wishes to remain silent, the interrogation must cease." (pp. 473-74). If the interrogation continues and if the suspect confesses, the confession cannot be admitted at the suspect's trial. (p. 471).
I think that the Court went too far in ruling that the Fifth Amendment privilege protects criminal suspects during police interrogations. The majority's rationale about protecting a zone of mental privacy is not very convincing. As Amar and Lettow have pointed out, the legal system routinely compels individuals to testify about highly personal or intimate matters that they would prefer to keep private. (1995,…
Amar, a. & Lettow, R. Fifth Amendment First Principles: The Self-Incrimination Clause. Michigan Law Review. 93. 857-928.
Escobedo v. Illinois, 378 U.S. 478 (1964).
Kamisar, Y. Response: On the "Fruits" of Miranda Violations, Coerced Confessions, and Compelled Testimony. Michigan Law Review. 93. 929-1010.
Miranda v. Arizona, 384 U.S. 436 (1966).
legal issues presented by the firing of Uriah may appear to be simple but, in reality, the issues are complex and contingent on a variety of factors. The first factor is whether or not Uriah was employed under a contract with the City. If not, a determination as to the legality of his firing must be addressed in a different manner. egardless, of whether or not there is a contract, Uriah is still entitled to due process under existing case law regarding the hiring and firing of public employees (Skelley v. State Personnel Board, 1975). Finally, it must be determined whether Uriah's actions as an exotic dancer rise to the level of violating some form of formal or informal moral clause, either contractually or implied as a condition of his employment.
The framework of Uriah's arguments must be based upon two factors. First, he must argue strongly that…
Dowling-Sendor, B. (2005). Giving Employees Their Due. American School Board Journal, 42-44.
Papandrea, M.-R. (2010). The Free Speech Rights of Off-Duty Employees. Brigham Young University Law Review, 2117-2177.
Skelley v. State Personnel Board, 15 Cal. 3d 194 (Supreme Court of California September 16, 1975).
Discharge of Public Employee
Legal issues national international acquisitions. 2) The types acquisitions a) Off-market b) Hostile c) Negotiated d) Take- business 3) Mention effects acquisitions employees I specifics paper detailed a high level.
Company acquisition laws
The modern day business environment is extremely complex and demanding, presenting the economic agents with a series of challenges. They, for instance, have to respond to the ever changing needs of the customer base, the incremental pressures to operate in a socially and environmentally responsible manner, the intensifying forces of competition and so on.
One special means by which the economic agents seek to respond to these challenges is represented by the completion of mergers and acquisitions. These virtually represent takeovers of other companies, with various scopes, such as the elimination of a competitor, the enlargement of the product palette, the enlargement of the infrastructure, know-how and so on.
Acquisitions are nevertheless complex endeavors which have to…
Alexon, H.B., (2010). Legal issues involving acquisition of a company. Alex on Law. http://www.alexsonlaw.com/blog/legal-issues-involving-acquisition-of-a-company / accessed on December 7, 2012
Cleaver, R., Zarraga, A. Welford, D. Dadson, N. (2011). Acquisition structures: international acquisitions. Cross Border Practical Law. http://crossborder.practicallaw.com/8-107-3925 accessed on December 7, 2012
Richards, L. The effects of merge and acquisition on employee morale. http://smallbusiness.chron.com/effects-merger-acquisition-employee-morale-3196.html accessed on December 7, 2012
(2012). Hostile takeover. Investopedia. http://www.investopedia.com/terms/h/hostiletakeover.asp#axzz2EM3IwuPq accessed on December 7, 2012
legal issues should Heimusic be thinking about?
Choice of Laws
Heimusic is a UK-based website, however it does not limit the use of its website to only UK citizens. The Heimusic website can be accessed by anyone in the world through the Internet and therefore the company may be subject to the rules and laws of many different countries. Heimusic should consider the legal implications of being subject to numerous jurisdictions and take action to implement user policies that will limit the laws governing its operations. A choice of laws provision in the websites terms and use will be provide some protection for Heimusic, but will not entirely eliminate the application of other countries laws. Heimusic should continue to consider the risks of liability from multiple jurisdictions because it is operating in a global market.
Heimusic faces the possibility of having to comply with multiple laws from its data collection…
Baker, Jennifer, 2010. Facebook, Google Face Crackdown Over User Data. PCWorld, [online] Available at: [Accessed November 2010].
Bowry, Kathy & Rimmer, Matthew 2005, "Rip, Mix, Burn: The Politics of Peer to Peer and Copyright Law," Peer Reviewed Journal on the Internet [e-journal] FM Special Issue #1: Music and the Internet (4 July 2005) [Accessed November 2010].
Citizen Media Law Project, 2009. Immunity for Online Publishers Under the Communications Decency Act. [online] Available at:< http://www.citmedialaw.org/legal-guide/immunity-online-publishers-under-communications-decency-act > [Accessed November 2010].
Davy, Simon, 2008. Website disclaimers -- why have them and what should you include? Lasa knowledgebase [online] Available at:< http://www.ictknowledgebase.org.uk/websitedisclaimers> [Accessed November 2010].
Legal issues are when you are looking at the underlying impact that the law will have upon the actions of the individual. Where, this will serve as a way of understanding how the application of various rules from: society and within professional organizations will define what actions / behavior are conserved to be ethical. Ethical studies are when you are examining the impact of decisions made by various individuals and organizations. As you are seeking to understand how this will affect the general public and the environment. Together, the two different ideas play an interconnected role with one another. As the underlying ethical principal will define what actions are considered to be the morally correct. At which point, these ideas will be reflected in various laws and regulations. The study of the two different concepts will help individuals to understand how their decisions will have an effect upon: the organization…
Altun, I. (2003). Undertaking the Role of Patient Advocate. Nurse Ethics, 10 (5), 462 -- 471.
Dudlt, B. (1995). Integrating Nursing Theory and Ethics. Perspectives in Psychiatric Care, 31 (2), 4 -- 10.
Hanna, D. (2004). Moral Distress. Research and Theory for Nursing Practice, 18 (1), 73 -- 93.
Kim, C. (2008). Climate Change Business Opportunities. EKC 2008 Proceedings, 124 (4), 437 -- 442.
In many ways, some of these issues may not necessarily be illegal, but could certainly be unethical. A good example in this sense could be provided by the collection of past and present customers' email addresses. In many countries, email spam is illegal, but this can be hidden under a legal umbrella by placing an unsubscribe button on the first email, giving the receiver the opportunity to use his option not to receive mails in the future. On the other hand, this does not hide the fact that the sender could have used a database of private emails in a personal interest, as could be UPS's case when promoting a new service etc. Without necessarily being illegal, it is certainly unethical to use in this manner the personal information.
Issues related to security (both carriage security and personal information security), confidentiality and international are also described in the Support section…
On the Internet at
Nursing Educator and Students With Disabilities
Legal Issues in Nursing Education and the American with Disabilities Act (ADA)
There have been a number of lawsuits in recent years involving education with the term 'education malpractice' coming into focus. The nurse educator should be aware of the potential areas of liability and the possibility of a lawsuit. This work in writing addresses the issue of the Americans with Disabilities Act (ADA) as it relates to nursing students and the challenges presented to nursing educators.
The Americans with Disabilities Act (ADA) is much like the earlier Rehabilitation Act of 1973 in that its intent was to "level the playing field." (Maheady and Fleming, 2005, p.1) The general mandate of the ADA is for students with disabilities to "have the same access to educational programs as students without disabilities." (Maheady and Fleming, 2005, p.1) The problem is that while this law…
Americans with Disabilities Act (1990), Public Law, No. 101-336, 42 U.S.C. 12101
Maheady, Donna Carol and Fleming, Susan E. (2005) Nursing with the hand you are given. Minority Nurse. 2005 Summer. Retrieved from: http://www.minoritynurse.com/disabilities/nursing-hand-you-are-given
Ethical and Legal Issues in Ecommerce
A Concise Definition of ecommerce
Motivation for E-Commerce
Ethical and Legal Issues in E-Commerce
Enforcement of Legal Directives and Contracts
Collecting and Securing Consumer Information
Lack of Uniform Laws
Copyright and Patent Laws Violation
Other Issues: In Brief
Privacy and Security
'Extinction' of Some Small Businesses
During the last one decade, the internet has experienced unprecedented growth. Thanks to this increase in online activity, consumers and businesses from all over the world are becoming more appreciative of ecommerce. However, with the enhanced awareness of ecommerce, comes a wide range of ethical and legal implications.
It is important to note, from the onset, that governments and the relevant authorities have in the past found it easy to regulate traditional business enterprises. Indeed, some of the laws regulating businesses today (including ecommerce) were enacted in the pre-cyberspace times. From a…
BBC. (2013). Sony Fined Over 'Preventable' Play Station Data Hack. BBC. Retrieved from http://www.bbc.co.uk/news/technology-21160818
Carroll, A. & Buchholtz, A. (2011). Business and Society: Ethics, Sustainability, and Stakeholder Management (8th ed.). Mason, OH: Cengage Learning.
Chesher, M., Kaura, R. & Linton, P. (2002). Electronic Business & Commerce. London: Springer
Cross, F. & Miller, R. (2014). The Legal Environment of Business: Text and Cases (9th ed.). Mason, OH: Cengage Learning.
In addition to reckless and intentional action that results in injury, amateur coaching decisions, recommendations, and strategies can lead to injuries and can be considered elements of avoidable risk, constituting a breach of duty based on the expectations of the participants (Fitzgerald 2005). Breach can also occur, of course, through the intentional or reckless behavior of sports participants that shows a disregard of the basic rules and expectations of the sport beyond mere negligence (Saywer 1997; Abramson et al. 2010). Sports physicians may also be found in breach of their medical duties if pre-participation screenings are not thorough enough (Kane & White 2008).
Heat illnesses, as might be expected at this point, almost never constitute a breach of duty, as it is wholly within the participant's power to assess and respond to their condition during any activity, whether an organized sports activity or otherwise. Likewise, spinal cord injuries and concussions…
Abramson, a.; Smith, J. & Waldsmith, R. (2010). "The law of assumption of risk in sporting activities." Sports injury lawyer.
Fitzgerald, T. (2005). "The inherent risk doctrine, amateur coaching negligence, and the goal of loss avoidance." Northwestern University Law Review (2005) 99(2), pp. 889-930.
Kane, S. & White, R. (2008). "Medical Malpractice and the Sports Medicine Clinician." Clinical orthopaedics and related research 467(2), pp. 412-9.
Lazaroff, D. (1990). "Torts & (and) Sports: Participant Liability to Co-Participants for Injuries Sustained during Competition." University of Miami entertainment and sports law review pp. 191-225.
Human smuggling is a huge problem with an obvious domestic impact; the size of illegal immigrant population in the United States demonstrates how pervasive the problem is. However, it is not the size of the problem that is the most alarming; in an age of global terrorism, human smuggling provides a method for terrorists to enter a country undetected. The fact that so many non-terrorists use the same means makes it virtually impossible for local law enforcement agencies to truly control human smuggling.
The last significant transnational crime is money laundering. Money laundering is the method whereby money obtained from illegal transactions is legitimized. For example, an organized crime ring that has derived its money from drug trafficking may own a series of businesses and report a greater income from those businesses in order to legitimize revenue so that more money can be spent without triggering criminal investigation of the…
Reno, J. (2000) Reducing illegal firearms trafficking. Retrieved April 24, 2007 from U.S.
Department of Justice
Web site: www.ncjrs.gov/pdffiles1/bja/180752.pdf
United Nations. (2007). Organized crime. Retrieved April 24, 2007, from the United Nations
Sub-Prime Mortgage Lenders
Ethical Legal Issues
Ethical and legal issues concerning sub-prime mortgage lenders
The essay is aimed at exploring the subprime mortgage lending and related ethical and legal issues.
Subprime mortgage has become an influential industry in particular due to the increase in trend to take loans for house purchase in an average American.
Ethical Issues involved
Ethical and legal issues concerning sub-prime mortgage lenders
Subprime Mortgage Industry
CONCLUSION AND SOLVING THE POBLEM
Ethical and legal issues concerning sub-prime mortgage lenders
A mortgage loan is the single chance for purchasing a home for an average American and so the subprime mortgage has become a prominent industry. With the emergence and growth of the industry is facing many legal and ethical issues. The current essay is a discussion of these issues.
During the last decade there was an extraordinary boost in mortgage originations, in…
Fox, Jean Ann. (2011) "Unsafe and Unsound: Payday Lenders Hide Behind FDIC Bank Charters to Peddle Usury." 30 March 2004. Consumer Federation of America. February .
Skiba, Paige Marta and Jeremy Tobacman.(2009) "Do Payday Loans Cause Bankruptcy." Vanderbilt Law and Economics Research Paper No. 11-13. 9 November.
Temkin, Kenneth and Noah Sawyer. (2006) "Analysis of Alternative Financial Service Providers." 1 February 2004. Fannie Mae Foundation. 11 March 2006 .
Vanderbilt Law and Economics Research Paper No. 08-33. . (21 August 2008) "Payday Loans, Uncertainty, and Discounting: Explaining Patterns of Borrowing, Repayment, and Default."
Ethical and Legal Issues
The Court Appointed Special Advocate program (CASA) has been touted as one way of: preventing abused and neglected children from becoming lost in the child welfare system. As, this nonprofit organization is focused on finding volunteers, who are appointed by judges to: watch over specific child abuse and neglect cases. Their job is to serve as the adult in the child's life; that will look out for their best interests. This will continue until the child is placed into a suitable home that is permanent. Once this occurs, the job of the CASA volunteer will end and they will be assigned another case. ("About Us," 2011) This is important, because this system has been shown to be: effective at protecting children and preventing them from going into numerous foster homes. Evidence of this can be seen with a study that was conducted by the U.S. Department…
About Us. (2011). CASA. Retrieved from: http://www.scanva.org/casa_trainings.htm
Office of the Inspector General Report. (2011), CASA for Children. Retrieved from: http://www.casaforchildren.org/site/c.mtJSJ7MPIsE/b.5332511/k.7D2A/Evidence_of_Effectiveness.htm
Ethical and Legal Issues in Acting as a Client Advocate" focuses on issues facing the psychiatric nurse in his or her dealing not only with patients, but also with family members of patients as well as wider social and political issues. The article emphasizes the complexity of the ethical issues surrounding the psychiatric profession, not only because of the nature of the afflictions of patients, but also because of the integrated factors and variety of beliefs surrounding these afflictions. In general, the article provides and excellent overview of the issues that nurses might expect to encounter, although it might have done better by providing a more inclusive introduction.
The article provides only a brief introduction that sets the stage for a discussion of the issues facing psychiatric nurses. The introduction does make a good point in terms of focusing on the importance of ethics in terms of the psychiatric nurse's…
Ethical and Legal Issues in Acting as a Client Advocate. Retrieved from: http://psychnursing.tripod.com/clientadvocate.html
Keatings. Chapter 2: Ethical Theoretical Perspectives.
Raines, D.A. (1994, Jan-March). Moral Agency in Nursing. Nursing Forum, Vol. 29, No. 1.
RPNC (2010, March). Code of Ethics & Standards of Psychiatric Nursing Practice. College of Registered Psychiatric Nurses.
Private and Legal Issues in Database
Privacy and legal issues to consider for a database system
An essential component in the success of managing database is that management should be concerned with ethical and legal issues associated with both the creation and use of those data in the databases. The use of the database technology provides access to all kind of information about customers, employees, and subjects. However, it has often become easier for people to obtain data about a subject with the click of a mouse. As a result, most of the security measures that have been implemented to protect confidential data are worthless. In some companies, getting access to a database has become easier when employees who want or need to make changes to their own personal file, such as adding a dependent or listing a new phone number or address. Some other employees, however, argue that this…
Adams, L.E.: February 1992, 'Securing Your HRIS in a Microcomputer Environment', HR Magazine, 56-61.
DeGeorge, R.T.: 1986, Business Ethics (2nd ed.) (Macmillan Publishing Company, New York).
Moulton, R.T.: 1986, Computer Security Handbook: Strategies and Techniques for Preventing Data Loss or Theft (Prentice-Hall, Inc., Englewood Cliffs, NJ).
In that regard, the dean could avoid an outright refusal and still satisfy her ethical obligation (and without creating potential liability) by advising
Ms. Hall that any letter of recommendation would necessarily reference both her academic performance and also the objective factual circumstances precipitating her withdrawal from NBSU.
The alternative of providing the requested recommendation letter without any reference to the accusations could potentially result in liability for NBSU should Ms. Hall
subsequently cause harm to patients in a similar manner (Halbert & Ingulli, 2007).
Therefore, the request should be refused unless it includes an appropriate specific reference to the circumstances of Ms. Hall's withdrawal from NBSU
Halbert, T., Ingulli, E. (2007). Law & Ethics in the Business Environment. Cincinnati:…
Halbert, T., Ingulli, E. (2007). Law & Ethics in the Business Environment. Cincinnati:
West Legal Studies.
Legal Issues in Cremation
The sources listed in this annotated bibliography provide a beginning body of information about the legal issues that emerge when a cremation is not carried out according to the wishes of the family or the deceased. The resources provide information about failed cremation that was due to negligence on the part of the official licensed to provide cremation services.
Two of the research questions are: What are the regulations about licensing and inspections of crematoria in various states? In which states does the law make it crime to negligently dispose of a body?
illigan, T.S. (2013, November 15). Hawaii Adopts NFDA's Model Right of Disposition Law. The Director. National Funeral Directors Association (NFDA). Retrieved
This article is useful as it explains the legal problems that can emerge when a state (such as Alaska and Hawaii) do not have a right of disposition law.…
Goldwasser, J.W. (Rabbi (2014). How can a Jewish cemetery permit the burial of cremated ashes on sacred ground? About.com.
This is an informative article on cremation under Jewish law. Most traditional authorities forbid the burial of ashes in a Jewish cemetery because it encourages the practice of cremation. Some traditional authorities do allow ashes to be interned because to deny burial would itself be a violation of the command to bury.
International Legal Issues
Issues involved in resolving legal disputes in international transactions.
Issues that come up involving legal disputes in international transactions are choice of law, statute of limitations, general procedure involved with notice and filing of law suits, or in other words, who has jurisdiction. The sahi case is an example of whether jurisdiction can attach to foreign countries. Decided on February 24, 1997, sahi Metal Industry Co. v. Superior Court, 480 U.S. 102 (1987) was a case decided by the United States Supreme Court, in which the court decided whether a foreign corporation, by merely being aware that its products could end up in the forum state and into the merican "stream of commerce" which later caused injuries, satisfied the minimum contacts necessary to satisfy jurisdictional due process requirements In that case, sahi Metal Industry, Co. was an international corporation based in Japan, which manufactured a valve…
As stated above, some practical considerations include the cost of trying the case because of the parties' and witnesses locations. For example, say a witness is in Japan. The case is against a Japanese company. Texas has jurisdiction due to the work done in Texas. The cost to the plaintiff of flying in witnesses, or perhaps not having access to key witnesses because of the distance involved are practical considerations of taking legal action against a foreign business partner based in another country.
Factors that could work against CadMex's decision to grant sub-licensing agreements.
With the integration of economies around the world even if you work for the domestic market you are a part of international business because the world today has become interrelated and each country is dependent on the other. (Mohan, 2012.) As such, there a number of factors involved. There are factors that could work against CadMex's decision to grant sub-licensing agreements. First, the employees hired would be foreign, and as such would view the business from the view point of their own culture. The culture of the country within which an American business opens is a factor that can not be over looked. Other factors include: the compensation will differ; economy will differ and have separate demands of its own in each country; the importance of family changes from country to country, dictating how many hours a family member should work a week, health care is different; women's and children's rights regarding work will pose challenges (especially in China where child labor is acceptable); etiquette differs, work habits differ, taxes differ and of course choice of law is paramount if there be a dispute. (Global, 2003) Most obvious of all is the language barrier, so
ethical and legal issues regarding sub-prime mortgage lenders. Unfortunately, the focus has been inordinately upon the poor individuals who were exploited by accepting these predatory and exploitive loans o highlight & copy (Goolsbee, 2007) . Simplistically, they have been blamed for the recent U.S. financial meltdown. The emphasis needs to be focused upon the mortgage lenders themselves. hile exploitation of such individuals is bad enough, to make matters worse, they are having the entire economic collapse based upon them. This is not only unfair, but inaccurate. The holders of subprime loans did not come up with the system of bundling whereby their loans were wrapped with other regular loans and with risky no-mortgage products. Needless to say, the regular mortgage loans camouflaged the risky assets. However, worst of all, the victims of subprime loan exploitation who lost their homes and their jobs will now have their government benefits taken away…
Gad, S. (2007, July 10). The skinny on subprime. Retrieved from http://www.fool.com/investing/value/2007/07/10/the-skinny-on-subprime.aspx .
Eichler, A. (2011, July 11). Private investment firms lending to subprime borrowers again . Retrieved f rom http://www.huffingtonpost.com/2011/07/12/subprime-lending_n_896229.html .
Goolsbee, A. (2007, March 29). 'irresponsible' mortgages have opened doors to many of the excluded .
Retrieved from http://www.nytimes.com/2007/03 .
However the only aspect that I disagree with is that in some parts of the writing it often feels as if diversity is seen like an overwhelming task to surmount. Diversity should not be viewed in this manner. We are all different and there should be a global respect for those differences. These differences should not be viewed as an obstacle yet just as a state of being.
The next cite discusses the responsibilities of the therapist. I actually agree completely with all the writings on this particular cite. I s is important that therapists be held to a higher level of responsibility than most other positions. The site states that the group psychotherapist must provide services with respect for the dignity and uniqueness of each patient/client as well as the rights and autonomy of the individual patient/client. The group psychotherapist safeguards the patient/client's right to privacy by judiciously protecting…
AGPA (2002, February). Responsibilities to patients/clients. AGPA and NRCGP Guidelines for Ethics,. Retrieved 09/17/06, at http://www.agpa.org/group/ethicalguide.html
Boutelle, C. (2006). SIOP Member to make Capitol Hill Presentation. Society for Industrial and Organizational Psychology Inc.,. Retrieved 09/17/06, at http://www.siop.org/
Haley-Banez, L., Brown, S., & Molina, B. (1998, August 1). Principles for Diversity-Competent Group Workers. Association for specialists in Group Work,. Retrieved 09/17/06, at http://www.asgw.org /diversity.htm' target='_blank' REL='NOFOLLOW'>
" In all other cases, out-of-state marriages are valid and accepted everywhere. Even where domestic partnerships are recognized, same-sex couples may not be able to reap any real benefits: "Domestic partnership laws provide even fewer protections than civil unions and can vary dramatically depending on the jurisdiction that enacts the law. In some jurisdictions, domestic partner registries do not confer any rights or responsibilities at all and are simply a registration." (Doering, 2004)
The children of gay parents do not enjoy the same civil protections as children of heterosexual parents. In case of adoption, things may become even more complicated. A gay person who chooses to adopt a child is likely to face many hurdles since the legal system may prejudicially term him/her unfit to raise a child. Another important issue is the prejudice towards adoption by a co-parent. By denying the second parent the right to adopt the child…
Jeanie Lerche Davis. Adoption in Same-Sex Couples. WebMD Medical News. Accessed on March 19th 2007:
Guide to Family Law" accessed on March 19th 2007: http://family.findlaw.com/marriage/same-sex/gay-parents-impact.html
Karen M. Doering. 1,500 Reasons Why We Need Marriage Equality
While it may not be just to hold an organization liable, absolutely, for every instance of employee negligence, there is a rationale for imposing such liability in many cases. For example, many types of industries entail potential danger to others that are inherent to the industry.
Individual workers are not likely to be capable of compensating victims of their negligence, but the employer benefits and profits financially by engaging in the particular industry. Therefore, the employer should not necessarily escape liability for compensating all harm caused by their activities, regardless of fault in particular instances.
10.A nurse is responsible for making an inquiry if there is uncertainty about the accuracy of a physician's medication order in a patient's record. Explain the process a nurse should use to evaluate whether or not to make an inquiry into the accuracy of the physician's medication order.
Like other highly trained professionals, experienced nurses…
Abrams, N., Buckner, M.D. (1989) Medical Ethics: A Clinical Textbook and Reference for the Health Care Professionals. Cambridge, MA: MIT Press
Caplan, a.L., Engelhardt, H.T., McCartney, J.J. Eds. (1981) Concepts of Health and Disease: Interdisciplinary Perspectives. Reading, MA: Addison-Wesley
Starr, P. (1984) the Social Transformation of American Medicine.
New York: Basic Books
Business Law: Saukars, Nib Corp, and Guesthouses.
In order to examine the potential legal issues between the parties, it is important to look at the contractual relationships between those parties. First is the relationship between the guesthouses and their customers. Food service is part of that relationship. Customers at the guesthouses may have a claim against the guesthouses stemming from them contracting food poisoning from the food served to them at the guesthouses. Because the customers' contractual relationship is with the guesthouses, they would be an appropriate object of suit, but the guesthouses may be able to enjoin or seek indemnification from other parties for those damages. Tort liability for food poisoning is relatively straightforward. Most states have strict product liability laws covering food safety, so that the supplier of contaminated food products is assumed to have been negligent. As long as the customers can demonstrate that the food that…
1993). Within medical settings in particular, physicians and supervisors are often too over-burdened with their myriad formal responsibilities to take note of minor irregularities in protocols and procedures. Because coworkers are often in the best possible situation to notice inadequacies, it is important for all levels of employees to be equally involved in the overall CQI process.
Optimal implementation of an effective CQI process also requires a culture of openness to suggestion and confidentiality with respect to reporting more serious issues such as those that result from negligence or willful misconduct on the part of co-workers.
11. The textbook states that "an organization's most vital component in costly resource is its staff." With this being the case, the human resource function plays a very important role. Should the human resource function be part of the senior management team?
In terms of policy implementation and organizational philosophy, the human resources function…
Horine, P.D., Pohiala, E.D., Luecke, R.W. (1993) Healthcare Financial Managers and CQI: Implementing Continuous Quality Improvement; Healthcare Financial Management.
Humphry, D. (1991) Final Exit: The Practicalities of Self-Deliverance and Assisted Suicide for the Dying. Secaucus: Carol Publishing
Russell-Walling, E. (2005) Fifty Management Ideas You Really Need to Know. London: Quercus
Requirements for licensure for psychologists under the American Psychologist Association (APA) set certain educational and ethical standards that govern the profession. Now clinical psychology is, much like medicine and law, a discipline accorded respect in society, and an individual who seeks counseling can feel confident being open and trusting of a licensed therapist. A therapist cannot claim to be a professionally licensed therapist under the law, unless he or she possesses specific qualifications. Licensing is vital to maintaining trust in the profession, as ethical questions grow more contentious regarding psychotherapy, such as the question therapists that do research funded by drug companies on psychoactive drugs, or who testify to the competency of a defendant or witness to stand trial or make decisions about his or her health. Licensing and standardization of qualifications increases confidence that the individual is giving acceptable advice based in evidence and professional ethics.
Certain aspects of…
Competency. (2009). Ascension Health. Retrieved March 2, 2009 at http://www.ascensionhealth.org/ethics/public/issues/competency.asp
Lloyd, Raymond. (2009). A Guide to Psychology and its Practice.
Retrieved March 2, 2009 at www.GuideToPsychology.com
Rosenfeld, Barry. (2002). The psychology of competence and informed consent: Understanding decision-making with regard to clinical research. Fordham Urban Law Journal. 30.
Unfortunately, online merchants could conceivably be responsible for complying with hundreds of laws in hundreds of countries (Country of Destination? (http://www.ecommercetimes.com/story/4218.html)."
One French judge has ordered Yahoo to find a way to stop French residents from gaining access to the Nazi memorabilia auctions that they have on the site. Yahoo fought the order and there is currently a mediation feasibility study being conducted to determine whether it is even technically possible to do.
At the time, Yahoo! senior vice president Heather Killen said, "This case opens up broader issues on Internet jurisdiction -- whether one country has the jurisdiction to regulate the content of Web sites in another country (Country of Destination? (http://www.ecommercetimes.com/story/4218.html)."
The Federal Trade Commission recommends that online companies let their customers know up front which nation's laws will apply in the case of a dispute.
The agency is also advocating setting up an Alternative Dispute esolution (AD)…
E-Business: Taking a hard look at legal issues
Birmingham Post; 6/7/2005
Risky e-Business.(legal issues for associations engaged in joint ventures with for-profits)
Association Management; 11/1/2000; GREIF, JOSEPH
Marketing, Product Safety, and Intellectual Property
Legal and ethical considerations
PharmaCAE intentionally bypassed the Food and Drug Administration when it established CompCAE a compounding pharmacy. This was done in order to avoid FDA scrutinization, which indicates that the company was aware of the side effects that the drug would have on patients. By evading FDA scrutiny and approval, PharmaCAE was able to sell the new formulation on a prescription basis without the need to seek approvals. CompCAE was not supposed to market directly to consumers, but it still conducted direct marketing to consumers and hospitals. Furthermore, the company encouraged doctors to fax them lists of fictitious patient names. This was done to demonstrate that the company was not selling directly to consumers, but rather it was doctors who were prescribing the drug to the patients.
When reports started surfacing indicating that the drug was causing heart attacks, the…
Halbert, T., & Ingulli, E. (2011). Law and ethics in the business environment. Boston, MA: Cengage Learning.
Kim, Y.K., Lee, K., Park, W.G., & Choo, K. (2012). Appropriate intellectual property protection and economic growth in countries at different levels of development. Research policy, 41(2), 358-375.
Liu, W., KNOx, C.A., & Brushwood, D.B. (2013). Discretion of the Food and Drug Administration to enforce compounding rules. AMERICAN JOURNAL OF HEALTH-SYSTEM PHARMACY, 70(17), 1538-1543.
Peffer, S.L., Bocheko, A., Del Valle, R.E., Osmani, A., Peyton, S., & Roman, E. (2013). Whistle Where You Work? The Ineffectiveness of the Federal Whistleblower Protection Act of 1989 and the Promise of the Whistleblower Protection Enhancement Act of 2012. Review of Public Personnel Administration, 0734371X13508414.
Women in Prison
Major Legal Issues Concerning Female Inmates
Problems in corrections:
Dealing with the unique needs of women in the prison system
The number of female prison inmates in America and internationally is growing. Although men still outnumber women in the prison population, the rates of female incarceration, once considered relatively nominal, have skyrocketed. "In the U.S., where the prison and jail population reached two million in the year 2000, women's incarceration is also spiralling upwards at a greater pace than that of men. While the number of men in U.S. prisons and jails doubled between 1985 and 1995, women's imprisonment during the same period tripled" (Sudbury 2002). These escalating rates are surprising, given that women are far more likely to be the victims rather than the perpetrators of violent crimes. "While their relative proportions are small, the growing numbers of women being sent to prison is disproportionate to…
Blitz, C.L., Wolff, N., Ko-Yu, P., & Pogorzelski, W. (2005). Gender-specific behavioral health and community release patterns among New Jersey prison inmates: Implications for treatment and community reentry. American Journal of Public Health, 95(10), 1741-6.
Brewer-Smyth, K., Bucurescu, G., Shults, J., Metzger, D., Sacktor, N., Gorp, W. v., & Kolson,
D. (2007). Neurological function and HIV risk behaviors of female prison inmates. Journal of Neuroscience Nursing, 39(6), 361-72.
Case, P., Fasenfest, D., Sarri, R., & Phillips, A. (2005). Providing educational support for female ex-inmates: Project PROVE as a model for social reintegration. Journal of Correctional Education, 56(2), 146-157
Ethical and Legal Issues Depicted in the Movie, John Q?
From beginning to end, "John Q" is a movie full of moral and ethical quandaries. It offers viewers a clear glimpse at private and public entities' obligation to engage in ethically-right routine decision-making for their respective communities. John lacked the required health insurance to cover his son's cardiac surgery expenses. The Hope Memorial Hospital, electing not to play a "Good Samaritan," does not agree to perform the surgery without being assured payment. Thus, John is faced with the moral quandary of accepting fate and readying for the funeral of his son (as suggested by Rebecca Payne, the Hospital's administrator), or somehow procuring the money needed. Given the urgency of his son's case, the second option is rather daunting. Ultimately, John ends up holding emergency room patients and staff members hostage, to ensure his son is catered to (angura, 2011).
Bangura, G. B.-L. (2011, August 28). ETHICAL ANALYSIS OF "JOHN Q" MOVIE. Retrieved from Bailama Dynasty: http://bailamadynasty.blogspot.com/2011/08/ethical-analysis-of-john-q-movie.html
HubPages. (2015, December 26). John Q Analysis: Ethical & Moral Dilemmas. Retrieved from hubpages.com: http://hubpages.com/entertainment/Morality-and-Ethics-in-John-Q
Healthcare Legal Issues
Discuss the impact Federalism has on the regulation of health care delivery; how do the different sources of law as they related to the federal and state governments matter, if at all?
In general, federal regulation of health care delivery would be much more appropriate and efficient than state or local law, at least in so far as major aspects of health care delivery are concerned. That is because state laws vary considerably; that makes it impossible to establish a consistent or uniform standard of health care delivery across state lines. Certainly, there are aspects of health care that are appropriate to regulate at the state or even the local level, but there are others that would be much better to regulate on a national or federal level.
One of the best examples of an aspect of health care delivery that should be regulated federally are elements…
Reid, T. (2009). The Healing of America: A Global Quest for Better, Cheaper, and Fairer Health Care. New York: Penguin Group.
Electronic privacy law applies to employment and business records and information management in the workplace, with different rights and regulations depending on the specific communications medium involved. Generally, employee privacy rights to e-mail systems and telephone message recording and retrieval systems are determined by the employment contract or by the employment policies of the employer and are not subject to legal disputes initiated by employees ((Halbert & Ingulli p.78-80). The only exception giving employees privacy rights to communications is that (live) telephone conversations may not be intercepted or recorded without the permission of at least one person participating in the conversation by federal law. However, state law determines whether employers may record conversations in which they participate.
Approximately half the states allow any person in a conversation to record a telephone call without the knowledge or consent of the other person on the line; the other half require the…
Equal Employment Opportunity: Age Discrimination. United States Department of Labor website retrieved February 5, 2008, at http://www.dol.gov/dol/topic/discrimination/agedisc.htm
Friedman, L.M. (2005)
History of American Law.
New York: Simon & Schuster
Businesses and the Law
Commercial, criminal, and civil laws are important for all a new business just starting up. In fact, a business has to be very careful in regards to how it navigates around legal standards and laws that could lead to detrimental consequences if broken. As JOE Sports Store opens on campus, it faces unique legal issues, regarding both traditional civil law and additional regulations placed by the university since it is located on campus.
First and foremost, JOE Sports Store has to comply with federal and state laws regarding its operations and behaviors. The biggest concern here is how the business pays and treats its employees. Employment law is a major field of commercial law, and covers issues of advocating lawful work environments and pay structures for employees. Ultimately, this means that the company will have to pay employees at least the stated minimum wage,…
Duty to Warn and Protect
The situation I have chosen assumes a subject of twenty years old who has attempted to commit suicide because his parents passed away in an accident recently. The subject has been under severe depression due to a string of traumatic experiences in his life. He feels despondent and is unaware of what to do. He feels that he is living without a purpose in this life and assumes himself as being unwanted and unaware. He has just lost the two people who according to him were the only two people who actually loved him and cared for him. He tried to kill himself recently by having sleeping pills. After being rushed to the hospital and having been saved, he is now sitting in front of me as my client waiting to be counseled.
Legal, ethical, and clinical issues of being a counselor
Schoener, G.R. (2009). A High Risk Situation: The Suicidal Client. Retrieved October 10, 2012, from Walkin.Org: http://www.walkin.org/sites/default/files/SuicidalClient_0.pdf
Schwartz, R.C., & Rogers, J.R. (2004). Suicide Assessment and Evaluation strategies: a primer for counselling psychologists. Counselling Psychology Quarterly, 89-97.
White, J. (2003, February). Suicide-Related Research in Canada: A Descriptive Overview. Retrieved October 10, 2012, from Centre for Suicide Prevention: http://www.phac-aspc.gc.ca/publicat/mh-sm/suicide-research/pdf/suicide_research_e.pdf
The ole legal nurse consultant may provide service in a number of roles, including but not limited to:
Trainer and in-service presenter
Quality improvement, risk management, claims management
Liability insurance marketer and clinical resource" (Chizek, 2003)
As standards of care constantly change, medical and nursing staff must keep informed of current standard to develop and/or modify policies and procedures, which must be maintained and secured indefinitely. In the event the facility is sued, these will be used to establish the current standard during the time of the questionable occurrence. Policies and procedures also provide the legal nurse consultant with the foundation for facility documentation to be judged for compliance. (Chizek, 2003)
The minimum length of time the modified policies and procedures should be kept is the time frame of the statute of limitations in the individual jurisdiction. In most jurisdictions,…
Brown, M.R. (1999, February). America's Most Wanted J-O-B-S. Black Enterprise, 29, 109.
Chizek, Mardy. "Can you use a legal nurse consultant? These specially trained and experienced nurses can be frontline protectors against liability suits. (Feature Article)." Nursing Homes, February 1, 2003.
Clark, Scott a.. "Keys on developing the best laid business plans," the Journal Record, April 12, 1999.
The first step in doing proper legal research is to fully identify the legal issues. This involves determining what statutes are involved or what principles of common law might apply. This is where many researchers fall short and it is essential that the researcher fully identify the parameters of the case before beginning the research otherwise valuable time and effort will be wasted.
Once the legal issues have been identified the researcher is ready to begin the process of finding the cases that support the legal argument that he or she is attempting to formulate. This is where the value of the computer and internet comes into play. In today's legal environment this part of the process is greatly simplified and expedited. Unfortunately, amassing the necessary case law is only the first step and the only step where the computer is of any benefit.
After collecting the law that both…
Nolasco, C.A. (2010). Toward a New Methodogy for Legal Research in Criminal Justice. Journal of Criminal Justice Education, 1-23.
Turley, S.L. (2010). "To See Between": Interviewing as a Legal Research Tool. Journal of the Association of Legal Writing Directors, 283-209.
Legal Unit 2
Fixtures are considered part of personal property, but in cases where they become a part of real property and cannot be removed, they are considered part of real property. uilding on a plot of land is a fixture that is considered part of real property, similarly things that are fixed with the real property and can not be removed without damage can be considered part of real property. In case of sale of real property, it is appropriate to define the items of personal property that will be included with the real property and which will not be included.
The law does not recognize ownership achieved by deceitful means such as theft, fraud or force. Property may be acquired through:
Exchange: In exchange for money or other property
Possession: eing the first owner of previously un-owned property
Confusion: When ones property is mixed with someone else's property by mistake or…
Business Litigation - An Overview, Retrieved from Internet on 27 May 2006. http://www.stolar-law.com/cm/fsdp/practicecenter/business/business-litigation.asp?focus=overview
Criminal Law, Wikipedia Encyclopedia, Retrieved from Internet on 27 May 2006. http://en.wikipedia.org/wiki/Criminal_law
Muhi, C.J., The Employment-at-Will Doctrine: Three Major Exceptions, Monthly Labor Review, January 2001
Reed, O.L., Shedd, P.J., Morehead, J.W., Robert N. And Corley, R.N., The Legal and Regulatory Environment of Business, ISBN: 0072881119, 2005, McGraw-Hill
Legal Aspects of Professional Psychology
All psychologists are required to follow the ethical guidelines found in the 2002 Ethical Principles of Psychologists and Code of Conduct of the American Psychological Association (APA), commonly known as the Ethics Code. Other important ethical guidelines are found in the 2007 Competing Development Achievement Levels (DALs) of the National Council of Schools and Programs in Professional Psychology (NCSPP) and the Assessment of Competing Benchmarks Work Group of the APA. These ethics codes cover compliance, privacy and confidentiality, assessment, therapy, research and publications, and there are also special guidelines for dealing with children, minorities, culturally diverse populations, forensic psychology and gay and lesbian clients. Both the Ethics Code and state laws require psychologists to maintain the confidentiality of clients and their records, apart from legal requirements to report verified or suspected child abuse or clients who are a danger to others. Psychologists can only provide…
Arnaut, G.L.Y. And D.A. Hill (2010), "Ethical and Legal Issues," in J.C. Thomas and M. Hersen (eds). Handbook of Clinical Psychology Competencies. Springer, pp. 73-94.
Corey, G. et al. (2011). Issues and Ethics in the Helping Professions, 8th Edition. Cengage Learning.
Wulach, James S. And David L. Shapiro (2005), "Ethical and Legal Considerations in Child Custody Evaluations," in Gunsberg and Hymowitz (Eds.), A Handbook of Divorce and Custody Forensic Development and Clinical Perspectives. New Jersey: The Analytic Press pp. 45-56.
Legal esearch Method
The American legal system comprises trial courts, appellate courts, and supreme courts. Generally, trial courts hear cases first; appellate courts hear appeals filed by litigants who are unsuccessful at the trial court level; and the appropriate supreme courts hear issues appealed from those decisions. The Federal Court of Appeals system comprises thirteen federal circuits based on geography; they hear appeals from state federal courts. Legal research consists of identifying previous decisions dealing with the same legal issues as a particular case, especially cases decided in the same jurisdiction because courts apply the informal concept of stare decisis to them. Decisions of the U.S. Supreme Court are binding on all federal, state, and lower courts. The fundamental research presentation method follows the traditional IAC approach of identifying both the legal issue in the case and the relevant case law, applying that case law to the case, and formulating…
Gilbert Law Summaries: Legal Research, Writing, and Analysis 10th ed. (2006).
ere, the Plaintiff and all of the members of the God Squad were arrested and removed from school property by police.
The police acted on probable cause that the group was inciting violence on school property after observing their offensive and disruptive behavior. Additionally, the Plaintiff was given an arraignment, charged with trespassing, disturbing the peace, and inciting a riot, and was released on bail to the custody of his parents. Thus, the police were acting in accordance with the law. So, there was no false arrest.
Upon review of the facts and evidence, it can be clearly seen that the Defendant acted in the best interest of the school in protecting and preserving the campus as a safe and nurturing learning environment. Furthermore, the Defendant did not violate the Plaintiff's First Amendment Rights because the rights being argued by the Plaintiff do not exist on the limited forum…
Hazelwood School District v. Kuhlmeier. 484 U.S. 260 (1988).
42 U.S.C. Sec. 2000e-2
West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc.
Thousand Oaks vs. Amelco Electric
Broward County Vs. Great American Insurance
Great Monument Vs. Pinellas County
Pasco County School Board vs. Norwood Co
Cho Dae Presbyterian Church vs. Norwood County Zoning Board
Lafayette ealty vs. City of Hawthorne
City of Hackesack vs. Bergen County
City of Thousand Oaks vs. Amelco Electric
Amelco Electric was awarded a contract by the city of Thousand Oaks' to construct the electric portion of the Civic Arts Plaza project. The contract was worth over 6.1 Million Dollars. City representatives paid Amelco $1,009,728 extra to make changes. Amelco committed a faux paus when it failed to utilize the additional funds towards making the new changes as stated. They also claimed that it was difficult to verify the problems as it was impossible. Amelco claimed damages as they believed that the changes were a betrayal of their contract. The management pressed for lost…
Public Construction Law, Cheri De Love, 2003 ( http://www.publiconstructionlaw.com/Cases.htm#PERFORMANCE%20SURETY%20OFFER )
Great Monument Construction vs. Pinellas County (Carlos Moncada, The Tampa Tribune, 2003)
Cho Dae Presbyterian Church vs. Zoning Board, Norwood County, (Adam Geller, 2000; Publication: The Record (Bergen County, NJ)
City of Hawthorne vs. Bergen County (Hugh R. Morley, The Record,1995)
Legal Aspects and Considerations
"Coaches should pursue opportunities for professional development to keep abreast of best practices, safety, and legal issues within their chosen sport(s)" (Schaefer, 2008, isk Management Tips Section, ¶ 5).
Challenges for Coaches
During 2006, Bill Baker, a Sahuarita High School football coach in Chandler, Arizona resigned from his coaching position following a 2005 post-game incident which involved him and a player the previous fall. In the newspaper account, "Coach quits over legal dispute: Sahuarita's Baker facing charges involving player," Pedersen (2006) reports that Baker, 53, who cited a lack of support from the Sahuarita Unified School District, also resigned his position as golf coach; however, continued teaching character-education class at the school. The school's district reported that because its liability insurance applied only to civil claims, it could not legally represent employees in criminal cases. Baker denied charges against him that he threw punches at a…
Engelhorn, R. (2011). Legal and Ethical Responsibilities of a Coach Iowa State University. Retrieved March 24, 2011 from http://www.iahsaa.org/RichEngelhorn.html
Fitzgerald, T.B. (2005). The "inherent Risk" Doctrine, Amateur Coaching Negligence and the Goal of Loss Avoidance. Northwestern University Law Review, 99(2), 889+. Retrieved March 24, 2011, from Questia database: http://www.questia.com/PM.qst?a=o&d=5036474220
Football Coaches Push N.J. School Prayer Case at U.S. Supreme Court. (2008, December). Church & State, 61, 16+. Retrieved March 24, 2011, from Questia database: http://www.questia.com/PM.qst?a=o&d=5036476157
Pedersen, B.J. (2006). Coach quits over legal dispute: Sahuarita's Baker facing charges involving player. AZ Daily Star. Landmark Media Enterprises, LLC. Retrieved March 23, 2011 from HighBeam Research: http://www.highbeam.com/doc/1G1-149015601.html
Miranda Rule -- Prohibits the introduction of any testimonial evidence elicited from criminal suspects while under arrest or in police custody unless police first advise them of their constitutional rights to remain silent, refuse to answer questions, and to be represented by an attorney before beginning any custodial interrogation. I have heard this term used frequently in television crime programs.
Prosecutor -- Is an attorney employed by the state whose responsibility it is to file criminal charges against individuals arrested by police and charge with crimes; typically, prosecutors represent the state at the criminal trial. The context in which I am most familiar with prosecutors is in their portrayal in television programs about criminal justice and news reports about criminal trials.
Pretrial Release Program -- Is a system of releasing criminal defendants from custody until their trials to reduce jail overcrowding; in principle, bond is one form of…
However, Doherty took the themes of these books as further evidence of Adams' wrong doing, although Adams himself never admitted to anything about being part of the Black Blocs or believing in anarchist ideologies. The only thing Adams sad was that he was an environmentalist, which is why he had been collecting the glass Coca Cola bottles in order to recycle them later when he found an acceptable recycling location. Additionally, Officer Doherty found medication on Adams person as well. This medication was prescribed to Thomas Adams, a fact which Doherty should have seen as an obvious red flag that he was dealing with a minor with behavioral and emotional issues, which should have led him to be even more sensitive in his actions towards Adams. Yet, Officer Doherty seemed to only see this as further reason that Adams was guilty.
This leads into the second charge against Adams, the…
Calvin, Elizabeth. (2006). Juvenile Defender Delinquency Notebook. Advocacy Training Guide. Web. http://www.njdc.info/pdf/delinquency_notebook.pdf
It was the apprehension of being struck that induced compliance" (Perkins 1954: 346).
As well as a feasible threat, to prove there was an attempt to commit a crime requires defining the attempt as distinct from mere preparation. It is also noteworthy that "a distinction is made between measures taken by way of preparation for the commission of a crime and steps taken in the direction of its actual perpetration" (Perkins 1954: 325). But the actual preparation for the crime is not synonymous with the attempt. "So far as the common law is concerned there is no criminal attempt unless what was done went beyond the stage of preparation" and the "act must reach far enough toward the accomplishment of the desired result to amount to the commencement of the consummation" (Perkins 1954: 325). Of course, this can be difficult to define: for example, in the case of an attempted…
Kichyun, P. (1957). Contemporary problems of criminal attempts. NYU Law Review, 1170-
Perkins, R. (1954). Criminal attempt and related problems. UCLA Law Review, 319 -355.
The security industry has in the recent past experienced a shift towards the Hybrid approach in which contractual agency and the client create a synergy. This approach has gained considerable attention in the recent past and is commonly known as engaged liaison. Engaged liaison is defined as a security system in which the client company and the contractual agency work in collaboration to meet specific security goals and objectives (Fischer, Halibozek & Walters, 2013). Through this process, the engaged liaison creates a hybrid security system in which each of these parties have some responsibilities relating to security activities and objectives. Security managers believe that an engaged liaison is the answer to modern security challenges because it enables relevant agencies to work together toward accomplishing specific security-related objectives.
The significance of this approach is also evidenced in its creation of an organizational structure with enhanced capabilities to hire specific expertise.…
Fischer, R.J., Halibozek, E.P. & Walters, D.C. (2013). Introduction to security (9th ed.). Waltham, MA: Butterworth-Heinemann.
Te NPC, importantly, controls bot legislative and judicial functions -- true to te consolidation of power in communism. Wen discussing te Cinese judiciary, one must understand tere are no juries, only judges; and earsay is admissible as evidence, unlike te civil tradition. However, in keeping wit civil tradition, evidence obtained from documents carries more weigt tan oral testimony. Te judge in a Cinese court is not interested in defending laws, teir interest is in defending te interests of te communist state and te socialist system.
Module 2 -- Legal Researc
Primary and secondary sources (2.11) and Keywords (2.1.2). Sources used in legal researc are primary and secondary: primary researc emerges directly from legal opinions, legislations, treaties or case law; secondary sources are commentaries about te decisions from journalists, lawyers, scolarly journals, and textbooks.
Tings to look for in conducting researc include te rigt keywords, witout wic searc engines are not…
Lexadin (world law guide): http://www.lexadin.nl/wlg/legis/nofr/legis.php .
Megalaw International Law sites: http://www.megalaw.com/international/index.php.
legal system in the United States is divided into two distinct systems: federal and state. The state court system in Wisconsin, like most states, has broad jurisdiction so the cases that most ordinary citizens are involved in -- such as robberies, traffic violations, broken contracts, and family disputes -- are usually handled in state courts. The state courts in Wisconsin are not allowed to hear cases where the United States is a defendant or where a matter regarding a federal statute is involved. The jurisdiction of the federal courts is highly limited. For the most part, federal courts may only hear cases where the United States is a party, where there is an alleged violation of the U.S. Constitution or federal statute, cases between citizens of differing states where the amount in controversy exceeds $75,000, and all cases involving bankruptcy, copyright, patent, and most maritime law cases. In a few…
Carp, R. (1990). Judicial Process in America. Washington, D.C.: Congressional Quarterly.
Conant, J.K. (2006). Wisconsin Politics and Government: America's Laboratory of Democracy. Lincoln: University of Nebraska Press.
Mengler, T.M. (1995). The Sad Refrain on Tough on Crime: Some thoughts on saving the Federal Judiciary from the Federalization of State Crime. University of Kansas Law Review, 503-523.
Wisconsin court system
, 2003, p. 3).
The research showed that the use of various performance-enhancing substances is not new, but the controversies associated with the use of anabolic steroids, particularly by young athletes, has assumed increasing importance in recent years. More and more studies have shown that the use of these substances typically begins during the formative adolescent years, a practice that can have lifelong consequences in terms of physical problems and growth constraints. Moreover, there are profound moral and legal issues involved in the use of such performance enhancers, and while many observers might question that legality of such testing programs at the high school and collegiate level, the high incidence of use in recent years clearly indicates that more needs to be at all levels to help prevent young athletes from beginning to use these substances, and to help those who have already started to stop.
Allison, P.C., Diacin, M.J., & Parks, J.B. (2003). Voices of male athletes on drug use, drug testing and the existing order in intercollegiate athletics. Journal of Sport Behavior, 26(1), 1.
Hill v. National Collegiate Athletic Association, 865 P. 2d 633 (1994).
NCAA. (1998, November). NCAA drug-testing protocol, 1998-99. Overland Park, KS, in Allison, Diacin, & Parks, 2003, p. 3.
Pedersen, W., & Wichstrom, L. (2001). Use of anabolic-androgenic steroids in adolescence: Winning, looking good or being bad? Journal of Studies on Alcohol, 62(1), 5.
Multimedia can be taken to be the presentation of animation, sound, video, graphics as well as text through the use of computers and in a way that can largely be said to be integrated. Stamatoudi further notes that multimedia is that which brings about an integration of communication into a single medium (20). In this text, I contrast and contrast the various legal and ethical issues surrounding multimedia.
Background of Facts
henever there is a discussion of issues to do with multimedia, the internet cannot be far off. Today, the Internet has become a key tool of communication and individuals from all walks of life find it largely convenient as far as the aggregation as well as sharing of a wide range of content is concerned. However, it is increasingly becoming necessary for professionals in a wide range of fields including but not limited to journalism, accountancy as…
Dittmann, Jana., Stefan Katzenbeisser and Andreas Uhl. Communications and Multimedia
Security. Birkhauser, 2005
Stamatoudi, Irini A. Copyright and Multimedia Products: A Comparative Analysis.
Cambridge University Press, 2002
Road to Guantanamo
The docudrama, the Road to Guantanamo, the 2006 film by Matt Whitecross and Michael Winterbottom provided a unique look at the complexities and difficulties of enforcing international cooperation. This thrilling tale of the now famous "Tipton Three" British men of Pakistani and Bangladeshi origin who, through a combination of poor decision-making and violations of international law, allows the viewer to examine these modern problems using the war on terrorism as a means of telling the story. The purpose of this essay is to examine this film and highlight five separate violations of international cooperation using the articles of the Geneva Conventions and the Universal Declaration of Human Rights as a guide and authority of the discussion.
The first violation of international cooperation is evident at the beginning of the film. The film is taking place under the conditions at the beginning of the war on terror in…
These people demonstrated that a trial regarding a possible capital sentence is lengthy and is probable to reflect negatively on the suspect, considering that he or she experiences intense feelings as he or she stands and waits for the jury to decide whether he or she is going to live another day or not. Taking into account the nature of the crimes attributed to a person who is susceptible to be sentenced to death, it is irrelevant whether or not he or she spends a significant amount of time in courts.
Another legal issue that emerges when discussing in regard to capital punishment is related to the influence of constitutional rights in the case of a person who is convicted for serious crimes. "hat we have here is a head-on collision between the operating needs of the capital punishment system and the sentiments and the norms of Anglo-American criminal justice"…
Adam Bedau, Hugo, and Cassell, Paul G., "Debating the Death Penalty: Should America Have Capital Punishment? The Experts on Both Sides Make Their Case," (Oxford University Press, 2005)
Mandery, Evan J. "Capital Punishment in America: A Balanced Examination," (Jones & Bartlett Publishers, 2011)
Marzili, Alan, "Capital Punishment," (Infobase Publishing, 2008)
McCafferty, James, "Capital Punishment," (Aldine Transaction, 2009)
Human resource issues in health care
In a more dynamic modern day environment, the pressure onto the health care sector grows exponentially, and this is the result of countless factors, such as changing life styles with direct impacts upon the quality of health, or the advancement of technology which also impacts life, health and the provision of health care.
In order for the health care sector to be able to respond to the multiple and rapid changes in the environment, it has to be a solid sector within. And an essential component to this strong sector is represented by the quality of the people within the system. In this order of ideas, a question is being posed relative to the human resource aspects which raise issues within the current system, and which also have the potential to raise issues in the future.
At the most basic level, the human resource…
Bhat, R., Maheshwari, S.K., 2004, "Human resource issues and its implications for health sector reforms," Indian Institute of Management. http://www.iimahd.ernet.in/assets/snippets/workingpaperpdf/2004-01-04rameshbhat.pdf accessed on March 17, 2015
Niles, N.J. 2013, "Basic concepts of health care human resource management," Jones & Bartlett Learning, http://samples.jbpub.com/9781449653293/27829_FMXX_i_xx.pdf accessed on March 17, 2015
Legal research as Putman and Albright (2014, p. 335) point out "is the part of legal analysis that involves finding the law that applies to the legal question raised by the facts of a client's case." As the authors further point out, there is no magic formula when it comes to the conduction of legal research. There is no 'one best way' of conducting legal research. It is with this in mind that I develop my own three step legal research strategy.
My Three (3) Step Legal esearch Process
Analysis and Planning
As far as legal research is concerned, Elias (2012, p. 69) is of the opinion that one ought to have a clear idea of that which he or she would want to accomplish. In this particular stage, I would concern myself with not only the identification of the case's key facts, but also the establishment of the various…
Elias, S. (2012). Legal Research: How to Find & Understand the Law (16th ed.). Berkeley, California: Nolo.
Putman, W. & Albright, J. (2014). Legal Research. Stamford, CT: Cengage Learning.
Yelin, A.B. & Samborn, H.V. (2008). The Legal Research and Writing Handbook: A Basic Approach for Paralegals (5th ed.). New York, NY: Aspen Publishers Online.
ight to Die
The case of Mildred D: The right to die
The core dilemma of 'the right to die' of Mildred D. revolves around Mildred's alleged statement to her children that she wanted no heroic means to continue her life. There is also the question of whether intravenous feeding is 'heroic' means, since removing the NG will effectively 'starve' her and ending her life before it would naturally terminate were the NG tube not removed. Food is usually not considered 'additional' means of life support, although it is debatable whether food not administered by mouth constitutes heroic means. Mildred had no living will clarifying her wishes and is now not competent to make the decision herself.
Legally, in the U.S. Supreme Court case of Cruzan v. Director, Missouri Department of Health, "the Court considered whether Missouri could insist on proof by 'clear and convincing evidence' of a…
Cruzan v. Director, Missouri Dep't of Health, 497 U.S. 261 (1990). Retrieved:
The right to die. (2012). Exploring Constitutional Conflicts. Retrieved: