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Bans save cash. It is costly to encourage smoking in prisons. Smoke-harmed detainees and staff require costly medical care, for different tobacco impacts. Citizens pay, both by expanded duties, and by expanded insurance rates. The prison authorities must raise the issue with government officials and ask them how much smoking costs citizens. When inmates smoke in jail, more bills, hospital expenses, come to citizens: for the smokers' conditions, and for those of the nonsmokers around, being unconstitutionally pushed to inhale contaminated air (Ducat, 2009).
Approximately 50% of smokers die from tobacco related ailments (World Health Organization, 2007). Available evidence confirms that prisoners die from cancers related to smoking at higher rates than the public. Further, second hand smoking is also threatening lives of non-smokers within the system of prisons. They include workers, visitors, prison officers and other inmates. The ban on smoking in prison will dramatically reduce the…
Ducat, C.R. (2009). Constitutional interpretation. Boston, MA: Wadsworth Cengage Learning.
Hendrick, J. (2010). Law and ethics in nursing and health care. Cheltenham: Stanley Thornes.
McWay, D.C., & McWay, D.C. (2010). Legal and ethical aspects of health information management. Clifton Park, NY: Delmar Cengage Learning.
World Health Organization (2007). Protection from exposure to second-hand tobacco smoke: Policy recommendations. Geneva, Switzerland: World Health Organization.
It might also involve taking a simple approach to save cash rather than initiating appropriate strategies to increase profits, this is unjust. Increasing premiums despite increasing profit margins at the expense of more uninsured people, as they cannot afford the rise is unjust. Injured patients who are loaded with the expenses of avoidable damage or compelled to sue indeed, when there is no carelessness is unjustifiable to both physicians and patients.
Integrity is the acting and speaking in congruence with professional values and ethics. Integrity is founded on the principle of honesty. It demands totality of actions and words. It partially adheres to a client's core values indicating a compromise of integrity. However, complete integrity is ideal. Health insurance managers tend to fall short of acting with integrity in their daily relationships with insurance applicants. Nevertheless, part of their integrity requires that they do fall short and constantly seek…
Cassens, B.J. (2012). Preventive medicine and public health. Baltimore: Williams & Wilkins.
Dziegielewski, S.F. (2009). The changing face of health care social work: Professional practice in managed behavioral health care. New York: Springer Pub. Co.
Ebersole, P. (2008). Toward healthy aging: Human needs & nursing response. St. Louis, Mo: Mosby/Elsevier.
Holland, N. & June H. (2010). Multiple Sclerosis: A Self-Care Guide to Wellness. New York: Demos
A deposition is "conducted by parties to a legal action to obtain information that cannot as readily be learned through written records or general investigation. During a deposition, the lawyer for one side orally questions a witness on the opposing side. In addition to the defendants named in a lawsuit being deposed, others called to deposition can be fact witnesses" (Preparing for a deposition, 2011, World Law). Above all, preparation is an essential component of preparing for a deposition. Before entering into the deposition the administrator should consult with the attorney about the specifics of the case and the law as they pertain to the issue at hand. Answers should not be memorized to likely questions, but the administrator should be aware of key talking points he or she wishes to communicate.
Meyer, C. (2013). Discovery. About.com. etrieved:
Preparing for a deposition. (2011). World Law. etrieved:
Health care reform and health it stimulus: ARRA and HITECH (2009). AHIMA.
Through its partnership with the Department of Justice and the Human Health Services, the HEAT has expanded data sharing and improved information sharing procedures in order to get critical data and information into the hands of law enforcement agencies to enable them track patterns of fraud and abuse, and increase efficiency in investigating and prosecuting complex health care frauds (Department of Health and Human Services, HHS, 2011). The DOJ and the HHS have established cross government health care fraud data intelligence sharing work group that helps to improve awareness across the government on issues related to health fraud.
The Healthcare Fraud and Abuse Control Program (HFAC) is enshrined in the section 1128c of the social security Act. This Act authorized the Health and Human Services and works through the office of the inspector general and the department of justice to ensure that the control and designs towards control…
American Medical Association, (2013). Federal Fraud and Abuse Laws. Retrieved July 29, 2013
Department of Health and Human Services, HHS. (2009). The Department of Health and Human
and the Department of Justice Health Care Fraud and Abuse Control Program Annual
In any case, patients can set out defined clause in the Power of Attorney telling operators how they might like them to act with respect to deathbed issues (Edge & Krieger, 2008).
Living wills and other development directives depict a patient's inclination with respect to medicine if the patient is confronted with a genuine mishap or disease. These authoritative reports represent the patient when he/she is not ready to represent himself/herself. Unforeseen end-of-life scenarios can happen at any age, so it is imperative for all grown-ups to have progress directives. Durable power of attorney for health care (POA) is an authoritative record that designates a single person to settle on restorative choices for a patient in case he/she is unable to do so (Kerridge, Lowe & Stewart, 2013).
A patient's advance directives incorporate the living will and durable power of attorney for health care. They may be the…
Cohen, M.H. (2010). Beyond complementary medicine: Legal and ethical perspectives on health care and human evolution. Ann Arbor: Univ. Of Michigan Press.
Duquenoy, P., George, C., & Kimppa, K. (2008). Ethical, legal, and social issues in medical informatics. Hershey, PA: Medical Information Science Reference.
Edge, R.S., & Krieger, J.L. (2008). Legal and ethical perspectives in health care: An integrated approach. Albany: Delmar Publishers.
Kerridge, I., Lowe, M., & Stewart, C. (2013). Ethics and law for the health professions. Upper Saddle River, N.J: Prentice Hall.
Law enforcement agencies should also enforce the existing gender laws decisively. Organizations should also seek to diffuse gender-based stereotypes by amongst other things educating employees on the need to embrace diversity.
Disability discrimination according to the U.S. Equal Employment Commission -- EEOC (n.d.) "occurs when an employer or other entity covered by the Americans with Disabilities Act, as amended…treats a qualified individual with a disability who is an employee or applicant unfavorably because she has a disability." When an employee is treated unfavorably because of a disability, such an employee could become distressed and consequently lose his sense of self-worth. The performance of employees (in terms of productivity and effectiveness) who are constantly discriminated against on the basis of a disability could also be negatively affected. Discriminating others on the basis of a disability also impedes their progress at both the social and professional level. To…
Financial Times Lexicon. (2013). Globalization. Retrieved from http://lexicon.ft.com/Term?term=globalisation
Gluck, S. (2013). The Effects of Gender Discrimination in the Workplace. Retrieved from http://smallbusiness.chron.com/effects-gender-discrimination-workplace-2860.html
NOLO. (2013). Illegal Reasons for Firing Employees. Retrieved from http://www.nolo.com/legal-encyclopedia/illegal-reasons-firing-employees-30209.html
The United States Department of Labor -- DOL. (n.d.). Hiring Issues: Overview. Retrieved from http://www.dol.gov/compliance/topics/hiring-issues.htm
This chapter is completed with further information on a legal analysis in chapter 12, which discusses the organization of the results of the research. The Honigsberg Grid is amply described as a useful instrument in such an organization.
Chapter 13 presents directions as to how a memorandum of law should be written, as well as some of its most important characteristics, notably the fact that this needs to be an objective piece of writing and has to follow a particular format. The chapter also provides a sample of such a memorandum. The notions presented in this chapter are completed in the subsequent chapter, which refers to writing a memorandum of points and authorities.
Finally, chapter 15 refers to how an opinion or client letter is written. The opinion letter is the formal way in which attorneys inform clients about certain legal aspects. As a formal instrument, such a letter has…
Healthcare -- Administration and Legal
Many vectors -- science, research funding, social acceptance or rejection -- influence how and whether medical technology is eventually adopted into medical praxis (Hogle, et al., 2012). Undergirding the choices and changes is a shared body of ethical standards and law, the establishment of which is often not consensual or efficacious. Any emerging technology can encounter unanticipated social resistance and ethical concerns that can change the course of how medical science research progresses (Hogle, et al., 2012). Medical technology often poses questions about access to expensive innovations and considerations about race, gender, and social justice that are inseparable from the socio-economic levels of patients (Hogle, et al., 2012). In contemporary society, there are the inevitable considerations about patent issues, clinical practice, and the commercialization of medical innovations (Hogle, et al., 2012). The recent court decision finding in favor of Myriad Genetics, Inc. provides a good…
Cho, M. (2010, November 1). Patently unpatentable: implications of the Myriad court decision on genetic diagnostics. Trends in Biotechnology, 28(11), 548-551. Retrieved http://www.cell.com/trends/biotechnology//retrieve / pii/S0167779910001411?_returnURL= http://linkinghub.elsevier.com/retrieve/pii/S0167779910001411?showall=true
Hogle, L., Tobin, S., Gaba, D. And Yock, P. (2012). Web-Based Research Integrity Training for Biomedical Engineers and Medical Device Researchers (Public Health Service). Stanford Center for Biomedical Ethics. Palo Alto, CA: Stanford School of Medicine. Retreived http://bioethics.stanford.edu/research / programs/science_and_society.html
Morrison, E. (2011). Ethics in health administration: A practical approach for decision makers. (2nd ed.). Sudbury, MA: Jones and Bartlett.
Stempel, J., Steenhuysen, J., Wallace, J., Grebler, D. And Orr, B. (2012, August 16). Myriad wins gene patent ruling from U.S. appeals court. Thomson Reuters. Retrieved http://www.reuters.com/assets/
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
It is important to note, from the onset, that there are many commercial benefits that our company could reap by expanding internationally. Thus, the expansion into Mexico is not only timely, but also well considered. However, in engaging in the said expansion, the company ought to be aware of the pertinent aspects of both the U.S. and Mexican law. It is with this in mind that this memo highlights the most likely compliance issues or concerns in as far as the various aspects of law and ethics specific to Mexico are concerned.
Pertinent Aspects of U.S. Law
There are a number of laws and certain legal provisions specific to our expansion into Mexico. Key amongst these include, but they are not limited to; USMCA (which replaced NAFTA a month ago), Customs and Border Protection (CBP) laws, and laws relating to engagement in corrupt practices and money laundering.…
Deloitte (2019). 1.0 Investment Climate. Retrieved from https://www2.deloitte.com/content/dam/Deloitte/cn/Documents/international-business-support/deloitte-cn-csg-a-guide-to-investing-in-mexico-2019-en-190428.pdf
Department of Justice (2020). Foreign Corrupt Practices Act. Retrieved from https://www.justice.gov/criminal-fraud/foreign-corrupt-practices-act
Gomez, O.D. (2018). Labour and Employment Compliance in Mexico. New York, NY: Wolters Kluwer.
Graycar, A. (2020). Handbook on Corruption, Ethics and Integrity in Public Administration. Northampton, MA: Edward Elgar Publishing.
Human Rights Watch (2020). Mexico Events of 2019. Retrieved from https://www.hrw.org/world-report/2020/country-chapters/mexico
Stuart, O. (2018). How Will the Shift from NAFTA to USMCA Affect the Auto Industry? Retrieved from https://www.industryweek.com/the-economy/article/22026500/how-will-the-shift-from-nafta-to-usmca-affect-the-auto-industry
U.S. Equal Employment Opportunity Commission – EEOC (2020). Employee Rights When Working for Multinational Employers. Retrieved from https://www.eeoc.gov/laws/guidance/employee-rights-when-working-multinational-employers
U.S. Department of State (2019). U.S. Relations with Mexico. Retrieved from https://www.state.gov/u-s-relations-with-mexico/
Legal Underpinnings of Business Law
Comparison of my personal liability exposure as an owner because of the lawsuit
From a legal perspective, an entrepreneur and a company are similar in a sole proprietorship. The company is not an individual legal enterprise. As the entrepreneur, I am individually responsible for the company's liabilities and debts. In case I happen to breach an agreement with one of the providers, they can sue me. This will make to be personally liable for breach of contract. My personal assets -- home, car, and individual belongings are likely to be in the risk line in case of a court case. In comparison, the lawful liability as a sole proprietorship to the limited liability provided by other company types like the corporation. A corporation is an independent and a lawful entity unique from its owners. Compared with a sole proprietorship, if an organization is found liable…
Seaquist, G. (2010). Business law for managers. Sydney: Martin Books.
Macmillan, F. (2013). International corporate law annual: Vol. 2. Oxford: Hart.
Pacces, A.M. (2010). The Law and Economics of Corporate Governance: Changing Perspectives. Cheltenham: Edward Elgar Pub
Legal Immigration Is Good for the United States
With the United States opening its boarders to thousands of legal immigrants each year, immigration has become one of the most hotly debated issues in the country. However, what has largely fueled this debate has to do with the impact of both illegal and legal immigrants on the United States' economy, crime rates as well as education and environment. While some continue to advocate for the reduction of immigration within the U.S., others are of the opinion that legal immigration impacts positively on the U.S. In terms of diversity and economic gains amongst other unique benefits. It is important to note that when legal immigration is viewed from a critical perspective, the United States does benefit greatly from the same. This text will clearly and concisely highlight some of these benefits.
Immigration in the United States: An Overview
Considered a complex demographic…
Arnold, K.R. (2011). Anti-Immigration in the United States: A Historical Encyclopedia. California: ABC-CLIO.
Estrom, P. (2007, June 7). Immigration: Google makes Its Case. Retrieved February 12th, 2012, from Business Week website: http://www.businessweek.com/bwdaily/dnflash/content/jun2007/db20070606_792054.htm
Geigenberger, J. (2008). The lasting Value of Legal Immigration for the United States of America. Norderstedt Germany: GRIN Verlag.
Griswold, D. (2009, July 21). As Immigrants Move in, Americans Move Up. Retrieved February 14th, 2012, from CATO Institute website: http://www.cato.org/pub_display.php?pub_id=10650
The Case of the Speluncean Explorers is a book which describes various perspectives of interpreting the law as well as what is right (moral). While Fuller invents a judicial case which involves both the moral values and the laws in the most challenging way, Peter Suber tries to make an analysis that will respond to all the key aspects of the scenario.
It is worth underlining that Fuller created enough elements in order to have sufficient arguments for both acquittal and conviction, depending on the perspective.
The rule of the judges was difficult because they were actually compelled to define what "good" was. Good is an universal value which everybody understands. However, sometimes only some can benefit from certain advantages while others can not. When life is the advantage at stake, things become even more difficult, as life is the very value of men and the most priced possession. Can…
Suber, Peter. The case of the Speluncean Explorers: Nine new opinions. Routeledge, 1998
The natural law tradition in ethics." Stanford encyclopaedia of philosophy. 11 March 2008. 17 November 2008. http://plato.stanford.edu/entries/natural-law-ethics
To the precedent of Paula's case, a prominent case, which exemplified the sometimes institutionalized presence of inappropriate sexuality in the workplace, came to light when "eight women and one man were fired from a North Mankato (MN) women's shelter because (allegedly) they refused to fit into the sexually charged atmosphere created by a few staff members." (Lang, 1) the clarity of motives for their collective dismissal aligned the decision directly with Title VII.
Still, the burden of proof, as is underlying in the constitutionality of our criminal and civil law systems, lay with the plaintiff. Thus, even if such incidences are said to have occurred, the judicial examination of any case would demand a prying deconstruction of the claim and the individual making said claim. Therefore, it will fall upon Paula to prove that Sam had made inappropriate and unwanted sexual advances toward her and further, that her refusal to…
Jessica, S.N. (2008). at-Will Employment Dismissal Law. EHOW. Online at http://www.ehow.com/about_5272311_atwill-employment-dismissal-law.html
Lang, G. (1994). Women's Shelter Sex Harassment. Men's Voices Magazine. Online at www.menweb.org
Brown, NS. (1994). Sexual Harassment -- Fact v. Myth. Men's Voices Magazine. Online at .
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.
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
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 Structure of Business
For a McDonalds franchisee, there are three options. The franchise can be operated as a sole proprietorship, a partnership, or a corporation. The real issue is not that there are options, but which option should be chosen. It is not always possible to make that determination easily, since there are many factors that have to be considered in each choice. A sole proprietorship is operated by one person. That person is solely responsible for the business, and there is no complex legal structure. That person can reap all the profits and rewards, but he or she also shoulders all the liability for any lawsuits or other issues that might go wrong. In a partnership, the profits and the liabilities are shared between two people. There can be some adjustment as to which person is "more" responsible for specific issues, or it can be a completely 50-50…
Legal guidelines, ethics codes, and specialty guidelines play a tremendous part in the way that practitioners conduct diagnoses and assessments in general. In addition to formal training, the aforementioned legal and ethical guidelines help to constitute the general procedures and practices that professionals must adhere to while performing their jobs. It is especially important for psychologists, not to mention forensic psychologists, to follow these mandated codes. These professionals play critical roles in interacting with the public. As such, they must be accountable to standards that play a positive or assistive role in aiding the public to deal with a number of substantial issues that can seriously impact their lives.
The main way that legal guidelines, ethics codes and specialty guidelines influence the daily operations of psychologists in terms of diagnosis and assessment is by keeping them honest. These professionals can best achieve the desired outcomes of their jobs -- assisting…
American Psychology-Law Society (AP-LS): "Specialty Guidelines for Forensic Psychologists' "
Association of State and Provincial Psychology Boards
" (Lee, 2009)
Core labor standards are stated by Lee (2009) to be "more or less the basic labor rights: that is, the International Labor Organization (ILO) core labor standards that have been confirmed by the UN Global Compact and adopted or discussed by the GRI and ISO 26000." (Lee, 2009) Those standards include the following: (1) a guarantee of the three labor rights (organizing, collective bargaining, and collective action) based on freedom of association, (2) a ban on forced labor, (3) a ban on child labor, and (4) no discrimination in labor. (Lee, 2009) Stated as important secondary standards are those as follows: (1) responsibility for employment; (2) industrial safety and health; and (3) training and education. (Lee, 2009) Lee states that western multinational companies "...are capable of investment, innovation, and reporting for SR, because they have been exposed to the CSR movement for some time. Thus companies in…
Malaysia (2009) Office of the United States Trade Representative. 8 Oct. 2009. Online available at: http://www.ustr.gov/countries-regions/southeast-asia-pacific/malaysia
Thailand (2009) Office of the United States Trade Representative. http://www.ustr.gov/countries-regions/southeast-asia-pacific/thailand
Singapore (2009) Office of the United States Trade Representative. http://www.ustr.gov/countries-regions/southeast-asia-pacific/singapore
Hong Kong (2009) Office of the United States Trade Representative. http://www.ustr.gov/countries-regions/china/hong-kong
There are three types of stimuli used, which are:
2) Irrelevant; and 3) Probes.
These are used "in the form of words, pictures, or sounds..." which a computer presents for a second or even a partial second. Incoming stimulus, if it is worth noting, results in a P-300, which is an electrical brain response. The P-300 is part of a MERMER or a memory and encoding related multifaceted electroencephalographic response, which is a larger brain response.
Originally event related potentials (ERP) was the method used for studying brain activity information processing. The limitation of the ERP is that it causes elimination of all patterns that are complex and results in the meaningful signals also being lost. The multifaceted electroencephalographic response analysis or MERA was developed due to the limitation of the ERP. Farwell found that incorporation of this technique resulted in the elicitation of MERMER when the individual…
Taylor, Erich (2007) a New Wave of Police Interrogation? Brain Fingerprinting, the Constitutional Privilege against Self-Incrimination and Hearsay Jurisprudence
Pope, Harrison (nd) the Emperor's Tailoring. FMS Foundation Newsletter. Online available at http://www.fmsfonline.org/fmsf96.d31.html
Stetler, Russell and Wayland, Kathleen (2004) Capital Cases - Dimension of Mitigation. June 2004. Online available at http://220.127.116.11/search?q=cache:8FdkQI0WFDsJ:www.fd.org/pdf_lib/Capital%2520CasesDimensions%2520of%2520Mitigation%2520Stetler.pdf+MRI:+forensics,+determination+of+guilt+or+innocence&hl=en&ct=clnk&cd=50&gl=us.
International Legal and Ethical Issues Simulation Summary
Addressing International Legal and Ethical Issues Simulation Summary
In jurisdictions where the assets or shares of the transactions are located, a local counsel will be a mandatory prerequisite. In addition, it is likely to engage the local counsel in the seller's jurisdiction. The process of selecting the appropriate company to collaborate with is important. Apart from competence, issues like commitment, trust, and confidentiality are crucial. It is also important for the local counsel to clear conflicts. Counsels must ensure that they are aware of the laws in every jurisdiction. This will make it easy for them to observe all the ethical structures of the local and international laws (Halbert & Ingulli, 2012). They should be aware of possible changes at all times and confidentiality agreements are important in such situations. This request is fair on the ground…
Halbert, T., & Ingulli, E. (2012). Law & ethics in the business environment. Mason, OH: South-Western Cengage Learning.
Hoffman, W.M. (2008). Emerging global business ethics: From the Ninth Conference on Business Ethics. Westport, Conn: Quorum Books.
Horn, N. & Norton, J.J. (2000). Non-Judicial Dispute Settlement in International Financial
Transactions. Westport, Conn: Kluwer Law International
The manufacturing, advertising, and retailing of a product devoid of consideration for ethical, legal, and social aspects is harmful to the general success of any entity. The company in consideration is Jolly Company, which is presenting Bubbly Energy Drink. This is a start-up company that will have its base of operations in the State of Texas, in the United States. With the U.S. being the domestic market, the international market included in this discussion is Mexico. Energy drinks are amidst the most fast growing business segments of the entire beverage industry in the present day and are progressively more market in the direction of young individuals. Owing to the fact that these drinks are comparatively new to the market, the impacts of their longstanding use continues to be vague, and there is increasing proof to hint that they may be detrimental to young consumers. One of the legal issues linked…
In this scenario of what may be an instance of domestic violence, the officer has the option of simply talking to the couple, determining what is wrong and issuing a warning-or pressing charges against both or one of the participants for disorderly conduct. The police officer can simply use his or her presence to influence the couple's behavior or can use the actual weight of the law. The officer will have to use his or her perceptions of the relationship between the couple as well as the information the couple offers. As part of assessment, the officer should speak to both members of the couple separately to determine if one or more of the participants is at risk of suffering further physical violence. The officer should also determine if alcohol or drugs are potentially involved, which can affect the participants' judgment. It should be noted that merely because the…
Gracia, E. (2004). Unreported cases of domestic violence against women: towards an epidemiology of social silence, tolerance, and inhibition Journal of Epidemiology and Community Health, 58:536-537. Retrieved from:
Imposition of a sentence. (2014). Cornell University Law School. Retrieved from:
Forms of marriage that should be legally banned
ay marriage violates the sacred texts, traditions, and beliefs among many religious organizations. For this reason, it must be banned. The American Baptist Churches, Association of Evangelicals, United Methodist Church, Presbyterian Church, and the Catholic Church have all opposed same sex marriage. If marriage is expanded to incorporate, gay couples may encourage religious organization to marry same sex couples and schools will teach kids that opposite sex marriage is same as same sex marriage.
Marriage of children or underage girls has been closely linked to the increase in the spread of HIV / AIDS. The trend of men marrying young girls has been a condoned social norm. Therefore, it must be declared illegal based on the promulgation of the 2012 Children's Welfare and Protection Act. Evidently, the practice should be banned because of the conflicts with the provisions of the constitutional clauses.…
Gay marriage violates the sacred texts, traditions, and beliefs among many religious organizations. For this reason, it must be banned. The American Baptist Churches, Association of Evangelicals, United Methodist Church, Presbyterian Church, and the Catholic Church have all opposed same sex marriage. If marriage is expanded to incorporate, gay couples may encourage religious organization to marry same sex couples and schools will teach kids that opposite sex marriage is same as same sex marriage.
Marriage of children or underage girls has been closely linked to the increase in the spread of HIV / AIDS. The trend of men marrying young girls has been a condoned social norm. Therefore, it must be declared illegal based on the promulgation of the 2012 Children's Welfare and Protection Act. Evidently, the practice should be banned because of the conflicts with the provisions of the constitutional clauses. Old men marrying young girls who have just entered puberty are not a customary marriage. Although this has often been done, it cannot be tolerated.
However, times are changing: the prevalence of HIV is rising day by day. This practice has made significant contributions to the spread of HIV. Girl Child Rights and public health advocates have emerged victorious in the abolition of this practice. Research studies revealed that adolescents are greatly exposed to the risk of HIV / AIDS because most of them face sexual violence, come from plural marriage, and cannot negotiate for safe sex. In this regard, because plural marriage is a catalyst for the spread of HIV / AIDS, it should also be legally banned. Girls who engage in such practices have demonstrated a high illiteracy level, low contact with peers and limited access to health and media messages.
The objective of this study is to discuss and compare two legal transplants with reference to at least one African or Asian legal system. For the purpose of this work, Turkey and legal transplants will be examined.
The work of Orucu (2008) states that Chiba (1986) relates the "concept of legal pluralism…as an effective attack on the common sense of orthodox jurisprudence by rejecting the 'oneness of state law as law or university of western law." (p.1) Chiba is reported to proffer a model of official law "as always intersecting with unofficial law and legal postulates, and never existing in isolation." (Orucu, 2008, p.1) It is the expectation that the state laws will in cohesion with "society and its normative orders, and religion and worldviews…work together to achieve a balanced and sustainable legal order." (Orucu, 2008, p.1-2) However, according to Orucu "legal centralism reflects the ambition of the…
Dai, J. (2009) On Several Problems in Legal Transplantation. Journal of Politics and Law, Sept. 2009. Vol. 2, No. 3.
Gunderson, JL and Waelde, TW (1994) Legislative Reform In Transition Economies: Western Transplants -- a Short-Cut to Social Market Economy Status? ICQL 1994, 43(2), 347-378.
Oguz, A. (2005) The Role of Comparative Law in the Development of Turkish Civil Law. Pace International Law Review. 1 Sept 2005. Article 9. Vol. 17, Issue 2. Fall 2008.
Orucu, E. (2008) Judicial Navigation As Official Law Meets Culture in Turkey. Int J.L.C. 2008, 4(1), 35-61.
Legal, Social, and Economic Environments of New Product Development
There are three basic forms in which of businesses can be organized: sole proprietorships, partnerships, and corporations. There are also many different versions of each form. For example, there are many different kinds of corporations. However, based on the scenario represented for the individual who has an idea for a product a sole proprietorship would most likely represent the ideal form for the individual to get started with and if the product does turn out to be a success then they could always reorganize the business later on. Although the individual has an idea for a product that he believes will be a success he does not have a lot of capital to launch a major product development campaign. Furthermore, although the economy is recovering, the external environment is still plagued with high levels of competition and…
BizFilings. (N.d.). Benefits of Create an LLC. Retrieved from BizFilings: http://www.bizfilings.com/learn/creating-llc.aspx
IRS. (2012, December 31). Limited Liability Company (LLC). Retrieved from IRS: http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Limited-Liability-Company -(LLC)
The Wall Street Journal. (N.d.). How to Form an LLC. Retrieved from The Wall Street Journal: http://guides.wsj.com/small-business/starting-a-business/how-to-start-an-llc/
, 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.
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)
Decriminalization of drugs is an ineffective legal policy that has harmed millions of Americans. Since Nixon's declaration of "war" on drugs, American policy towards mind-altering substances has been as violent and futile as the term "war on drugs" would suggest. Drug use is not qualitatively different from alcohol use. The prohibition of alcohol failed miserably in the early 20th century, leading also to a proliferation in profitable black market businesses that fueled organized crime. The same pattern has been occurring with mind-altering substances of all types. Drug cartels have blossomed throughout the Americas, and the global black marketplace is teeming with criminal behaviors that are linked to protecting the lucrative but illegal drug trade. If trading in drugs were akin to trading in alcohol, then drug cartels would no longer need the massive stashes of weapons used to protect their property. The war on drugs has ruined far more…
Sledge, M. (2013). The drug war and mass incarceration by the numbers. The Huffington Post. Retrieved online: http://www.huffingtonpost.com/2013/04/08/drug-war-mass-incarceration_n_3034310.html
Social Media in Marketing
The four components of a legally astute social media-marketing manager
In this paper, I will look at Facebook as the leading social networking site. The four components of a legally astute manager include the knowledge, judgment, proactive and the attitudinal component (Bagley, 2006). A legally perceptive manager must acknowledge the importance of law to company success and accept responsibility for being in charge of legal factors of the business. In addition, they recognize the need to fulfill the societal expectations and meet the ethical considerations. From the proactive perspective, this manager brings counsel in the cycle of decision-making. Because they are proactive, they do not wait for last minute rush to finalize deals. A social media manager must be well educated about these four characteristics. Nowadays, more firms are using the social media platform for purposes of marketing. Further, a company might fall behind if it…
Bagley, C.E. (2006). Winning legally: The value of legal astuteness. Boston, Mass.
Evarts, W.R. (1983). Winning through accommodation: The mediator's handbook: the use of new, alternative methods of dispute resolution in the last decades of the 20th century. Dubuque, Iowa: Kendall/Hunt Pub. Co.
Miller, R.L.R., Cross, F.B., & Jentz, G.A. (2013). Business law: Alternate edition: text and summarized cases: legal, ethical, global, and e-commerce environment. Mason, Ohio: South-Western Cengage Learning.
Normally, efforts must be reasonable and diligent but not futile. The general grounds for termination of parental rights in all states are as follows. Abandonment is a prime case of abandonment can be established after six months of conscious disregard of any form of parental obligations by a parent, including support, maintenance, love and care. The conduct must be intentional and normally must involve a lack of support plus a failure to communicate. Neglect must be serious and continuing and involve serious mental, physical or moral harm to the child. Poverty or disreputable lifestyle, absent such harm, is not adequate grounds for termination. Abuse requires serious physical or emotional harm, or sexual misconduct. A likelihood of future abuse must also be established, since termination is not intended to be a punishment to the biological parent. A mental illness, deficiency, or substance abuse problem must result in an inability to parent,…
Mary Kay Kisthardt, of Fatherhood, Families and Fantasy: The Legacy of Michael H. v. Gerald D., 65 Tul. L. Rev. 585, 588 (1991).
Marianne M. DeMarco, Delineation of the Boundaries of Putative Father's Rights: A Psychological Parenthood Perspective, 15 SETON HALL L. REV. 290, 291 n.7 (1985).
Rita Meiser & Marcie Velen, the History of Adoption. http://www.researchetcinc.com/history.hml .(Visited April 29, 2005).
Suellyn Scarnecchia, Defining Family: Adoption Law and Policy Adoption Rights, 2 Duke J. Gender L. & Pol'y 41, 41-42 (1995).
Sociology of Crime
Sociologists claim that crime is a social construction
The term "crime" refers to various forms of misconduct that are forbidden by the law (Eglin & Hester, 2013). There are different justifications as to shy sociologists classify crimes as a social construction. All social problems are the product of social construction; defining, naming and labeling them into place through which people can make sense of them. It is evident that crime is formed socially. The constructionist angle draws on a varying sociological inheritance, one that looks at the society as a matrix of meaning. It gives a primary role to the procedures of constructing, generating and spreading meanings. Under this perspective, it is impossible to understand reality in a direct and unmediated manner. People will often mediate reality by meaning. Proponents of this school of thought believe that what people experience is the "social construction of reality." How…
Eglin, P. & Hester, S (2013). A Sociology of Crime. Toronto: Routledge
Contracts Analysis Case Study
Marshall Petersen and his wife, Gloria, began visiting the Sunday school class being taught in Huntsville, Alabama, about six months ago. Marshall is not a Christian, but with the encouragement of his wife, who is a believer, he says he is beginning to explore the faith. This relationship eventually culminated in a business arrangement in which Marshall's small, local health food products business begins purchasing Muscadine grapes your family's produce company sells. This relationship results in a regular business arrangement with orders being placed every month. Despite often being late with the payment for the shipments, there was never any penalties or interest being charged and the prices and shipments were kept consistent.
However, a disruption in the agreement eventually manifested in which Marshall asked that the delivery person, an adolescent son, to sign a contract that guaranteed the same rates and availability of…
American Bar. (N.d.). Contracts and Consumer Law. Retrieved from American Bar: http://www.americanbar.org/content/dam/aba/migrated/publiced/practical/books/family/chapter_9.authcheckdam.pdf
Vinson, C. (N.d.). Basic Law of Contracts in Georgia. Retrieved from University of Georgia: http://www.georgialegalaid.org/resource/basic-law-of-contracts-in-georgia
What is a founders' agreement? Describe the purpose of a buyback clause and why it's important.
A founder's agreement is the 'founding' agreement of a corporation and defines the "the roles and responsibilities of the founding team, equity ownership and vesting and IP ownership" (Yaghmaie 2015). Defining what the founders' roles are is critical given that roles may vary over the course of a company's lifespan and can become a subject of dispute. "You'll need to allocate the ownership of your new enterprise amongst the founding team. While this is a subjective matter and can sometimes be very delicate, it is imperative that you nail down how you will split up the equity between the founding team upfront to make sure there are no misunderstandings or hurt feelings once things get off the ground" (Yaghmaie 2015). A buyback clause specifies that a founder that wishes to leave the firm…
Baron, R. & Shane, S. (2007). Entrepreneurship: A process perspective. Cengage.
Levenson, J. (2015). Piercing the corporate veil. Nolo. Retrieved from:
Moran, G. (2012). How to build and ethical business culture. Entrepreneur.
Diversity: Walk the Walk and Drop the Talk
The article by Clifford Adelman emphasizes the continuing inequity and low level of educational standards among the ethnic and racial minorities in the U.S.A. despite all the rhetoric about "diversity" that permeates our language. The author believes that the over-emphasis on "diversity" in educational institutions is misplaced; it hides the realities, and conveniently leads to avoidance of the hard work that is needed to improve the quality of education among the black and Latino minorities. The problem, according to the article, lies in the vagueness of the term "diversity" itself and the way in which it is defined and implemented from the perspective of the majority population. The result of this misplaced application of 'diversity' is that the policy makers and implementing agencies are more concerned about superficial issues such as "diversity counts" and "access rates" of minority students in secondary schools…
Moral and Legal Questions of Stem Cell Research
Stem cell research is an experimental, and research-based study as to methods of repairing the human body. y introducing stem cells into a damaged, or degenerating area of the body, the medical profession hopes to prompt the body to regrow healthy tissue, and repair the damage. Degenerative diseases, such as Parkinson's disease, or macular degeneration of a patient's eye retina are conditions in which the healthy tissues cease to function properly. There is no overt damage. There is not a disease which has physically destroyed the affected body part. ut for varying reasons, such as old age, wear and tear, or reasons medical science does not yet understand, the affected body part simply ceases to function properly. Stem cells are the type of cells, which are more numerous in, but not limited to, human embryos. They are the building blocks of the…
Answers to your questions about Stem Cells. 2001. ViaCord. Retrieved 15 Dec 2002. http://www.viacord.com/Preservation/Preservation.asp?section=1&s=sourceOfStemCells 2001>
Bush, George W. "The Bush Decision on Stem-Cell Research" National Review Online.
2002 Retrieved 15 Dec 2002. http://www.nationalreview.com/document/document081001.shtml
Critical Legal Studies." Legal Information Institute, Cornell Law School. 2000. Retrieved 10 Dec 2002. http://www.law.cornell.edu/critical/theory.html
Two valuable sources of information do exist:
The first one does fall within the conflicting traditions themselves. They are never useful in the solving of the disputes by invoking worldly views. They are indeed a complex set of legal traditions since they do succeed in the reconciliation of otherwise different theoretical views. The second source of information is facts. Multivalence is an important factor in the explanation of the various contemporary issues that affect our complex societies. A society that consists of different groups of people who have multiple legal claims. There are also various legal traditions as well as identities that do overlap in extremely close proximity. There are also several conflicting principles. The conflicting principles do lead to a general weakening of the state legal system. The multivalent though does provide a way of reconciling the various legal traditions, family law, succession and potential status in a way…
Anton, D.J. (1995).Diversity, globalization, and the ways of nature. Ottawa, on, IDRC. xi + 223 p.: ill.
Kosko, B (1993), Fuzzy Thinking: The New Science of Fuzzy Logic.New York, Hyperion
Halpin, a (2006)"Glenn's Legal Traditions of the World: Some Broader Philosophical Issues'. (1) Journal of Comparative Law 116
Nguyen, M (2009.The Myth of "Lucky" Patent Verdicts: Improving the Quality of Appellate
Lincoln Lawyer by Michael Connelly
In The Lincoln Lawyer, a legal thriller novel, Michael Connelly delves deep into the inner-dynamics of criminal justice system, highlighting the disconnect between the system's underlying idealistic philosophies, and the often ethically questionable, practical realities of how the system actually plays out. The protagonist, Mickey Haller, is a successful and well-known Los Angeles criminal defense attorney and trial lawyer, who operates his practice out of the back seat of his chauffeured Lincoln Town Car. Haller displayed a highly cynical attitude regarding the nature of the justice system, asserting that "[t]he law was not about truth. It was about "negotiation, amelioration, manipulation." Haller saw himself as a mere "mechanic," working with a "large rusting machine that sucked up people and lives and money." His 15 years of 'wheeling and dealing' in the system, representing gangsters, drug dealers, prostitutes, and thugs, led him to conclude that the…
Connelly, Michael (2005). The Lincoln Lawyer: A Novel. Hachette Book Group. Kindle Edition.
California Rules of Professional Conduct
Paradoxically, states with harsher criminal statutes and higher conviction rates tend to maintain fewer inmate developmental programs because high-volume prisons tend to be run on a for-profit basis that discourages "unnecessary" spending. The most cynical suggestion is that decreasing recidivism is against the financial interests of private prisons and (although to a lesser extent,) those of government-run prisons as well (Schmalleger, 2008).
Other aspects of many types of contemporary criminal trends may also significantly undermine any strategy of deterrence through awareness of strict prosecution and sentencing. In that regard, law enforcement authorities across the nation have catalogued volumes of information about criminal subcultures in general and of the street gang mentality in particular (Pinizzotto, Davis, & Miller, 2007). Urban street gangs in particular have given rise to a culture of remorseless violence and disregard for the consequences of even the most violent crime that largely precludes any real deterrent value…
Dershowitz, A. (2002). Shouting Fire: Civil Liberties in a Turbulent Age. New York:
Friedman, A. (2005). A History of American Law. New York: Touchstone.
Gerrig, R, Zimbardo, P. (2008). Psychology and Life. New York: Allyn & Bacon.
interventionism from the perspective of realism vs. idealism. Realism is defined in relationship to states national interests whereas idealism is defined in relation to the UNs Responsibility to Protect doctrine -- a doctrine heavily influenced by Western rhetoric over the past decade. By addressing the question of interventionism from this standpoint, by way of a case study of Libya and Syria, a picture of the realistic implications of "humanitarian intervention" becomes clear. Idealistically, humanitarian interventionism is a process that stops atrocities and establishes peace and prosperity. Realistically, interventionism allows Western businesses to reap the spoils of destabilization -- as has been seen in Libya with the Libyan oil fields being claimed by Western oil companies -- and as is being seen in Syria, with the threat of invasion bound to have detrimental effects on the construction of a new pipeline that bypasses the Turkey-Israel pipeline. Syria also presents itself as…
'Violent chaos': Libya in deep crisis 2 years since rebels took over', 2013, RT, 26 Aug.
Available from . [24 Aug 2013].
Weiner, T 2008, Legacy of Ashes, Anchor Books, NY.
In this world view, the Canadian system of business regulation is ripe for the pruning of its lower branches, where the most liberal, socially, and environmentally-friendly legislation has been enacted that has cut into the bottom line of businesses nationwide (DuPlessis, Enman, Gunz, O'Byrne, 2011). Often, the conservative perspective would like to give personal legal rights to businesses with less consideration put upon the responsibilities that arise from such a legal status. This is to say that businesses, like people, should be afforded rights as well as responsibilities as the cost of the rights granted and enjoyed.
From the other side of the tracks, from a more liberal perspective, business ethics and regulations are different hands on the same body. This is to say that this group of people believes that the more businesses are regulated and ethically fixed; the better off an economy is (DuPlessis, Enman, Gunz, O'Byrne, 2011).…
Anderson, Bruce. (2008). "Business Ethics v Business Law: Rules, More Rules, and Deliberation." Legisprudence. Vol. 2, No. 3. Pp. 217-230.
Carasco, Emily F. And Singh, Jang B. (2008). "Human Rights in Global Business Ethics Codes." Business and Society review. Vol. 113, No. 3. Pp. 347-374.
DuPlessis, Dorothy; Enman, Steven; Gunz, Sally; and O'Byrne, Shannon. (2011). Canadian Business and the Law, 4th ed. Nelson Education: Scarborough, on.
Husted, Bryan W. (2008). "Toward a Model of Cross-Cultural Business Ethics: The Impact of Individualism and Collectivism on the Ethical Decision-Making Process." Journal of Business Ethics. Vol. 82, No. 2. Pp. 293-305.
The line of legitimacy, separating socially approvable use of force from violence, cannot be effectively drawn without an agreement on what constitutes the optimum amount of force necessary to maintain social order and to protect human rights against encroachment. A society subscribing to infinite morality which condemns all use of force as immoral is doomed no less than a society accepting the absolute pragmatism of tyrants. "
As Oleg Zinam proposes, these two extreme social attitudes to morality are equally unprofitable to the societies that adopt them. The attitude of absolute pragmatism can easily lead to the acceptance of political assassinations, as long as such acts may help the final political purpose. An example of absolute pragmatism can be the regime initiated by Hitler, who ordered the extermination of all Jews in an attempt to "purify" the human race by excluding anyone who did not fill in the Arian ideal.…
Ben-Yehuda, Nachman. 1997. Political Assassination Events as a Cross- Cultural form of Alternative Justice.
International Journal of Comparative Sociology, Vol.38: 25-30.
Feliks, Gross. 1974. The Revolutionary Party. Essays in the Sociology of Politics. Westport: Greenwood
This indicates that the government must take necessary measures to limit or reduce the extent of criminal activities within the economy. This can occur through legalization of human smuggling while tightening the rules and regulations governing property or product smuggling.
Smuggling and Price Disparity odel
In the Bhagwati and Hansen odel (Bhagwati-Hansen odel), smuggling is a trade at the world or international prices. This indicates that there is evasion of taxes. This trade involves less favorable transformation curve in comparison to curves under the free trade condition in the absence of the taxation system. This is under the assumption that smuggling involves real cost such as additional transport costs. In their illustration of smuggling and welfare, Bhagwati and Hansen indicate that smuggling has negative effects on welfare. This illustration explains that smuggling reduces welfare in the presence of co-existence between legal and illegal trade (smuggling). Bhagwati and Hansen explain that…
Mark M. PiTT. Smuggling and Price Disparity. Journal of International Economics 11 (2001) 447-458. North-Holland Publishing Company
Mark M. PiTT. Smuggling and Price Disparity. Journal of International Economics 11 (2001) 447-458. North-Holland Publishing Company
Mark M. PiTT. Smuggling and Price Disparity. Journal of International Economics 11 (2001) 447-458. North-Holland Publishing Company
Runaway Jury -- a 2003 legal thriller based on a John Grisham novel -- does not necessarily enhance the viewer's knowledge of the law, but it certainly offers an expansive view of one way of breaking the law. The film is concerned with the rise of the contemporary "jury consultant," most often used in large-scale consumer liability lawsuits such as the one depicted in the film. The legal case in Runaway Jury concerns the liability of gun manufacturers for deaths caused by their products: intriguingly Grisham's original novel dealt with similar liability cases regarding tobacco, common in the U.S.A. In the 1990s, but was altered for the screenplay. To a certain extent, this change indicates that Grisham's, and the film's, focus was never on the legal issue at stake in the actual trial. The real legal focus regards the thin line between "jury consultancy" and "jury tampering" that is demonstrated…
Criminal Code of Canada (R.S.C. 19985, c. C-46). Department of Justice. Online, accessed 12 May 2011 at: http://laws-lois.justice.gc.ca/eng/acts/C-46/
Runaway Jury. Starring John Cusack, Gene Hackman, Dustin Hoffmann. 2003.
R. v. Gayle, 2001. CanLII 4447 (ON C.A.) Online, accessed 12 May 2011 at: http://www.canlii.org/en/on/onca/doc/2001/2001canlii4447/2001canlii4447.html
Vidmar, Neil. "A Historical and Comparative Perspective on the Common Law Jury." In Vidmar, Neil (Ed.). World Jury Systems. New York and Oxford: Oxford University Press, 2000. Print.
Prostitution and Feminism: Questions for a Modern Society
In answer to the question of whether prostitution is just another line of work, the most comprehensive and simplest answer is to say, no, it is not. The reason for this is that there are too many complexities associated with prostitution -- not just ethical and moral issues -- but also social, legal, economic, political, safety, and theoretical issues that color the sex industry. True, one could argue that any field of labor or industry could be discussed using the same terms, but the issue with prostitution is that it is a term that can be used without being properly defined. As Hallie Rose Liberto points out, when feminists discuss prostitution, they are discussing much more than the sex trade: they are discussing women's rights, women's alienation, women's health, and women's equality.[footnoteRef:1] Because the issue is those so charged with underlying meanings,…
Business operations are deemed viable of they succeed in establishing conditions that guarantee safety for its product consumers. Specified standards are applied by business entities to attain such viability. These considerations are critical in product safety, intellectual property, and marketing in general. If a company or business entity violates any of the aspects mentioned, it stands a high risk being caught in a web of ethical and legal complications that might destroy it. PhamaCARE finds itself in such a precarious predicament owing to its blatant violation of a number of legal and ethical standards. There were both ethical and legal problems that impacted on its clients and businesses. Investigating behavior is paramount in uncovering issues related to legal and ethical problems of any business entity.
Pursuant to the scenario above, identify three (3) legal issues and problems PharmaCARE has in relation to marketing and advertising, intellectual property, and regulation of…
would attack the institutional laws that maintained black Americans as vastly unequal from their white counterparts. In his famous missive from legal captivity for protesting on behalf of equal rights, King articulated how it was that the Civil Rights movement could at once work to utilize laws to change institutional segregation and simultaneously resist Jim Crow laws still in effect.
Meditating on the subject, King remarked, "One may well ask: 'How can you advocate breaking some laws and obeying others?' The answer lies in the fact that there are two types of laws: just and unjust. I would be the first to advocate obeying just laws. One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws. I would agree with St. Augustine that 'an unjust law is no law at all.'" (King, p. 1) Here, King…
Douglas, Frederick. Narrative of the Life of Frederick Douglas. New York, New York: Dover
Publications, Inc., 1845.
King, Jr., Martin Luther King. Letter From a Birmingham Jail. African Studies Center-University of Pennsylvania., 1963.
By delving into and categorizing the different treatments, ocial psychologists test and arrive at conclusions of socially helpful interventions and treatments. Other professionals such as social workers and therapists can then incorporate these treatments in their practices whilst policy makers can formulate laws (if applicable) incorporating them into the institution.
A) select one that makes use of the distinction between automatic cognitive-processes and controlled processing, and by using that article explain why that-distinction is important in current social psychological research. Are the methods-used to measure these two processes different? If so, how and why? (Do not-forget to cite the title of the article.)
Payne (2006) dwells on implicit and instinctive bias that compels people to make snap judgeship. These judgments can sometimes be dangerous and self if not socially destructive such as race stereotypes that can lead people to see a weapon where none exists and can result in faulty…
Brewer, M.B., Brown, R..J., Gilbert, D.T., Fiske, S.T., & Lindzey, G. (2003). The handbook of social psychology. Boston: McGraw-Hill.
Fiske, S.T., & Neuberg, S.L. (1990). A continuum of impression formation, from category-based to individuating processes: Influences of information and motivation on attention and interpretation, Advances in Experimental Social Psychology, 23, 1-74.
Legault, L. et al. (2011) Ironic Effects of Antiprejudice Messages: How Motivational Interventions Can Reduce (but Also Increase) Prejudice Psychological Science 22(12) 1472
Oskamp, S. (2000). Multiple paths to reducing prejudice and discrimination, Psychology Press: U.S.
The opening phase of dynamic psychotherapy helps the therapist to understand why the patient is seeking treatment; what kind of triggers to current problems are present; and house troubled the patient is in terms of both physical and psychological health (text p. 41). Yalom (1989) allows for several sessions of introductory therapy, also in keeping with the psychodynamic model. At this introductory phase, the therapist gets an idea of what treatment options to present and how to proceed. Yalom (1989) also determines the frequency of the treatment in the introductory phase (text p. 41). The core way that the relationship between Yalom (1989) and Carlos exemplifies psychodynamic therapy is in regards to the transference neurosis, which intensifies in therapy (text p. 53). However, transference is worked through as a core element of the therapeutic process. In the case with Carlos, neurotic transference is exemplified most clearly in the way…
Corsini & Wedding (n.d.). Textbook.
Yalom (1989), I.D. (1989). "2 - If Rape Were Legal..." In Love's Executioner and Other Tales of Psychotherapy. New York: Basic, 1989. 59-78.
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
The Moral, Legal, Political, and Practical Dimensions of Assassination
Murder: The killing of a political leader or other public figure by a sudden violent attack. Destruction of something: the destruction of something such as somebody's reputation by malicious or treacherous means.
In the wake of the September 11, 2001, terrorist attacks on the New York World
Trade Center and the Pentagon, some attention has been focused upon the assassination ban contained in Executive Order (E.O.) 12333, Section 2.11, and whether it would prohibit the United States from responding to the attacks by targeting those who orchestrated these acts of terrorism. In considering the challenges involved in effectively combating terrorism and protecting the United States from future terrorist attacks, there has been wide-ranging debate as to what approaches might be beneficial. Part of that discussion has centered around whether assassination of terrorist leaders is, or should be, one…
Bazan, E.B. 2002. Assassination Ban and E.O. 12333: A Brief Summary. CRS Report for Congress, Congressional Research Service Web, Library of Congress.
Grossenbacher, R. 1993. Assassination in modern America: Political participation through a gun barrel? Western Michigan University: Kalamazoo, MI.
Johnson, F. 1903. Famous Assassinations of History: From Philip of Macedon, 336 B.C. To Alexandria of Servia, AD 1903. A.C. McClurg & Co.: Chicago.
Padover, S.K. 1943. Patterns of Assassination in Occupied Territory. The Public Opinion Quarterly, 7(4), 680 -- 693, Oxford University Press.
On the other hand, those who opt to break the new laws would be swiftly punished. The punishment would be in the vein of the Singapore method, i.e. wonks on a violator's hindquarters with a brine-soaked rattan cane. One could assume this disciplinary perspective would be maximally effective as Singapore boosts one of the lowest crime rates in the world.
Tier 3: Pre-emptive Force
One of the core tenets of the Bush doctrine is "anticipatory self-defense" or pre-emptive force. The idea is that in order to prevent a terrorist attack it is necessary to strike at the enemy before he/she/it can organize, coordinate, and/or execute an attack on the U.S. (Beres, 2005).
In order to prevent future accidents, it's necessary to adopt the disciplinary perspective of pre-emption. In short, we need to be proactive. e need to go after future violators. Now, unfortunately we don't have oracles vis a vis…
Beres, L.B. (2005, July 24). Anticipatory Self-Defense. The Washington Times.
Retrieved from http://www.washingtontimes.com/news/2005/jul/24/20050724-101302-5685r/
From the perspective of the firm, Pfizer and Wyeth can combine their diverse strengths and capabilities, and merge their talents and skills thus enabling them to become more profitable and lucrative. Doing so, they will be able to reach more clients, solidify their already existent client base, and, possibly, expand into other areas whilst establishing themselves in other states and/or in other parts of the globe.
More specifically, advantages to the firm include the fact that:
Quality staff, or additional skills, non-existent in one's own firm, can be acquired
That additional knowledge of the industry or sector can be gained;
That the business intelligence of other firm (or each particular company) can add to current experiences and knowledge;
That there is enhanced access to asses for new products and business development;
That the larger company can now gain a wider customer base, therefore increasing market share;
That there is…
Allocative efficiency. Economics. Help www.economicshelp.org/dictionary/a/allocative-efficiency.html
Merging with or acquiring another business Just Start Ups.com http://www.juststartups.com/
NY Times Pfizer agrees to pay $68 billion for rival drug maker Wyeth www.nytimes.com/2009/01/26/business/26drug.html
reality globalization interdisciplinary perspective. Concretely, means analyzing a variety phenomena globalization process, economic, political, social, cultural psychological aspects reality, extent .
Globalization has become such an important world in defining the way in which economies and countries develop that an actual definition of the term itself is no longer sought. It represents nowadays a terminology that entangles the entire array of economic, political, social, and cultural elements of life at the global level. However, the critics of the globalization process tend to view these developments as worsening the condition of the human being through the high level of dependency on economic revenues, on the strong inter-connectivity between countries, societies, and individuals that eventually leads to diluting the actual nature of the individual as a particular human being, with rights and obligations, with a life following the social contract norms of the 18th century. Perhaps one of the most spread discussion…
Balas, Kevin. Disposable people. London: University of California Press 2002
physiological perspective, the first trimester of pregnancy is when the majority of fetal development occurs, and also when the full development of the placenta occurs. The first twelve weeks or so after conception see the transformation of a fertilized egg cell into a fetus that shares blood flow with the placenta through the umbilical arteries and vein. As a result, these twelve weeks are particularly crucial for the health and development of the fetus at its most vulnerable stage. Among numerous other physiological changes, the mother's nutritional intake needs (which include vitamins and minerals) increase substantially, so nutrition is crucial. The avoidance of alcohol is necessary to avoid birth defects caused by the substance: as Blackburn notes, "drinking alcohol at any stage of pregnancy can affect the brain and other areas of development" (Blackburn 2007, 221).
Zoey's preganancy undergoes what is termed induced labor, in which she is given a…
Blackburn, ST. (2007). Maternal, fetal, and neonatal physiology: A clinical perspective. St. Louis: Elsevier.
Childress, J. (1997). Practical reasoning in bioethics. Bloomington: Indiana University Press.
Justin Ellsworth's parents should not have been given access to his e-mail account on their request alone, as it would have violated nearly every privacy act in existence at the time of the case, the Yahoo agreement terms with Justin, and set a dangerous precedence for invasion of digital assets of the deceased. Yahoo relented and only provided the e-mail account access on court order, which preserved the digital rights and privacy of its millions of customers using Yahoo mail and other online e-mail applications in the process (Leach 2005). Yahoo argued successfully that providing access without court order would have violated the Stored Communications Act (SCA), 18. U.S.C. § 2701. This has become an often-cited precedent by all other Internet e-mail providers who must retain the trust of their customers to stay in business. The case has a multifaceted ethical aspect to it, which is analyzed from a…
Carroll, A.B. (1990). Principles of business ethics: Their role in decision making and an initial consensus. Management Decision, 28(8), 20.
Gustafson, A. (2013). In defense of a utilitarian business ethic. Business and Society Review, 118(3), 325.
Irene, V.S. (2007). Beyond utilitarianism and deontology: Ethics in economics. Review of Political Economy, 19(1), 21.
Leach, Susan L. (2005). Who gets to see the e-mail of the deceased? Christian Science Monitor, May 2, pg. 12.
This document contains legal advice made on request of Zmags, an Australian Holiday Brochure. Paper covers the customer law, contract law and other legal issues as found in the brochure for Coasts and Bays. The brochure claims to make the holidays 100% rejoicing for the clients and to offer them a lifetime experience. The brochure offers guidelines about the travel routes as well as the resorts. There are legal concerns involved in the advertisement made by any company. Often an advertisement campaign is too tempting or misleading that the customer's rights are violated. Australia has strict laws against the rights of customers that are almost universally applicable in all the states and regions of the country. The report advises what to include or exclude from the report to make it legally effective.
The consumer law of Australia generally bans all the misleading activities in the business…
1. Australian Competition and Consumer Commission, 2013, Retrieved from;
2. Bradbury, H.D., 2010, the Australian Consumer Law, Retrieved from:
Racial Profiling: Driving While Black
For years, the Black community believed that Black Americans were routinely and disproportionately stopped by police officers while driving in their cars.
Statistical evidence now supports the anecdotal evidence that had been fermenting for so many years.
For example, one scholar conducted a study in New Jersey which concluded that from 1988 to 1991, more than 73% of the persons stopped and arrested while driving on the New Jersey Turnpike were Black. Shockingly, less than 14% of the cars on the Turnpike even carried a Black person - whether as a passenger or driver.
Other studies have come to the same findings and conclusions, and more and more reports of such evidence has been reported as the problem becomes widely known.
Racial profiling affects the victim not just incidentally and individually, but it also affects and reflects many larger societal issues and injustices involving race…
Glisson, C. The Art of the State of Social Work Research: Implications for Mental Health. Research on Social Work Practice 5. 1995: 201-2
Marsh, Jeanne. "Learning from Clients." Social Work.
Davis Angela J.."Prosecution and Race: The Power and Privilege of Discretion." Fordham Law Review. 67 (1998)..
This is further based on the following assumptions:
1. The company will charge $150 per hour for each client.
2. The company expects to spend at least 80 hours a year with each client.
3. The company expect to see at least 30 clients per year, which will generate a revenue of $150 x 30 x 80 = $360,000. For the purpose of this computation, this will be regarded as the selling price.
4. The company expects its yearly fixed costs to be $526,000. This fixed cost consists of the cost of staff remuneration, utility bills and advertising.
5. The company expects its variable costs to be about $344,000 a year, comprising of the cost of equipment servicing and maintenance, legal costs, and so on.
Given the above assumption, the company's yearly break-even point can be computed as follows:
The implication of the above computation is that LNS must service…
Graham J.R., Smart S.B., & Megginson W.L. (2010): Corporate Finance -- Linking
Theory to What Companies Do. Mason, OH: South-Western Cengage Learning.
Hubbard R.G., O'Brien a.P. (2009): Macroeconomics. Upper Saddle River, NJ: Prentice-