1000+ documents containing “legal issues”.
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 some differences concerning….
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 Murphy….
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 if they….
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, and….
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 disabled….
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, pp. 890-91). It….
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 as….
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 be completed in….
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 activities. The….
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….
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….
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 has been instituted for….
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 legal perspective, electronic commerce brings with itself new complications and challenges. For instance, given the trans-border….
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.
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…Read Full Paper ❯
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…Read Full Paper ❯
LEGAL ISSUE, STUCTUE, and ANALYSIS A. 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…Read Full Paper ❯
Business - Law
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…Read Full Paper ❯
Business - Marketing
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…Read Full Paper ❯
Business - 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…Read Full Paper ❯
" 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,…Read Full Paper ❯
Business - Law
" (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…Read Full Paper ❯
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…Read Full Paper ❯
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…Read Full Paper ❯
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…Read Full Paper ❯
Business - Ethics
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…Read Full Paper ❯
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…Read Full Paper ❯
Health - Nursing
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…Read Full Paper ❯
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…Read Full Paper ❯