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The first step in doing proper legal research is to fully identify the legal issues. This involves determining what statutes are involved or what principles of common law might apply. This is where many researchers fall short and it is essential that the researcher fully identify the parameters of the case before beginning the research otherwise valuable time and effort will be wasted.
Once the legal issues have been identified the researcher is ready to begin the process of finding the cases that support the legal argument that he or she is attempting to formulate. This is where the value of the computer and internet comes into play. In today's legal environment this part of the process is greatly simplified and expedited. Unfortunately, amassing the necessary case law is only the first step and the only step where the computer is of any benefit.
After collecting the law that both…
Nolasco, C.A. (2010). Toward a New Methodogy for Legal Research in Criminal Justice. Journal of Criminal Justice Education, 1-23.
Turley, S.L. (2010). "To See Between": Interviewing as a Legal Research Tool. Journal of the Association of Legal Writing Directors, 283-209.
Legal Unit 2
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…
Legal esearch and Argument
To begin the research for this case and the argument that follows, one must first examine the case and determine what is essential. It is assumed that the engineer was negligent because he should have known about the circular which advised that further structural support would be required for the type of building he was constructing. It is not enough to rely upon 20 years-worth of experience in the field because situations change which may negate all of that experience. Thus, this does not seem to be a legitimate argument for the engineer. It could be argued that the engineer was not made aware of the circular and that this was not his negligence but the persons who filed the document before he had seen it. Unfortunately, this would seem to be immaterial because it is the engineer's responsibility to stay abreast of important changes within…
Brickhill v Cooke (1984) 3 NSAWLR 396.
Carosella v Ginos & Gilbert Pty Ltd. (1981) 27 SASR 515.
Hadley v. Baxendale, (1854) 9 Exch. 341, 156 Eng. Rep. 145.
Lenz, C. (2012). Guide to identification of construction defects. Retrieved from http://www.lenzmoreton.com.au/news.php?id=384&cat=general&lenz=41441761 925f2aa1e28a17500c9c2cd4
Legal research as Putman and Albright (2014, p. 335) point out "is the part of legal analysis that involves finding the law that applies to the legal question raised by the facts of a client's case." As the authors further point out, there is no magic formula when it comes to the conduction of legal research. There is no 'one best way' of conducting legal research. It is with this in mind that I develop my own three step legal research strategy.
My Three (3) Step Legal esearch Process
Analysis and Planning
As far as legal research is concerned, Elias (2012, p. 69) is of the opinion that one ought to have a clear idea of that which he or she would want to accomplish. In this particular stage, I would concern myself with not only the identification of the case's key facts, but also the establishment of the various…
Elias, S. (2012). Legal Research: How to Find & Understand the Law (16th ed.). Berkeley, California: Nolo.
Putman, W. & Albright, J. (2014). Legal Research. Stamford, CT: Cengage Learning.
Yelin, A.B. & Samborn, H.V. (2008). The Legal Research and Writing Handbook: A Basic Approach for Paralegals (5th ed.). New York, NY: Aspen Publishers Online.
SAUE OF LIMIAIONS
he legal phrase: "Statute of Limitations' is one used in legal terminology to refer to the length of time allowed by law to enter into the court for settlement of a matter or prosecution of a crime. his amount of time varies dependent upon the legal issue's specific details. his research has been guided by exploration and research into the statute of limitations or the time allowed to criminally prosecute or for civil action to be taken against these offenders. he research herein is based on the laws of the separate U.S. states and the collective opinions of those states. Considerations for this opinion include the fact that those committing such heinous crimes against children are not known to simply stop committing these offenses and require punishment, treatment and sadly, in many cases lifetime-monitoring is necessary. Whether or not these laws should be relaxed…
The legal phrase: "Statute of Limitations' is one used in legal terminology to refer to the length of time allowed by law to enter into the court for settlement of a matter or prosecution of a crime. This amount of time varies dependent upon the legal issue's specific details. This research has been guided by exploration and research into the statute of limitations or the time allowed to criminally prosecute or for civil action to be taken against these offenders. The research herein is based on the laws of the separate U.S. states and the collective opinions of those states. Considerations for this opinion include the fact that those committing such heinous crimes against children are not known to simply stop committing these offenses and require punishment, treatment and sadly, in many cases lifetime-monitoring is necessary. Whether or not these laws should be relaxed in the case of catholic priest offenders is looked at in this research as to the general opinion of whether they should be held liable in a civil court for the commission of these offenses.
CRIIMINAL PROSECUTION OF SEXUAL OFFENDERS
Differing opinions exist among the states of the U.S. As to the statute of limitations or the length of time after the commission of the crime of a sexual offense has occurred. For instance the state of Alabama state code states that no period of limitations exists for prosecuting this offense or in other words that there is no statute of limitation placed by rule of court as to how long the state has to seek prosecution against a sexual offender. [Kirby v. State, 500 So.2d 79 (1986); as cited by the NCSL, 2006] In comparison the state of Alaska states the statute of limitations to be a period of ten (10) years following this specific offense. (Alaska Statute 12.10.01) Differing again Kansas states a five (5) year statute of limitations in sexual assault cases. (KSA 21-3106) Virginia agrees with the former state that there is no statute of limitations on criminal prosecution of sexual offenses. The state of Delaware allows for prosecution of any class 'A' felony to be commenced "at any time." (NCSL, 2006) Just as in the state of Alabama the state of Connecticut has no 'statute' that limits the length of time allowed for seeking prosecution of this type of crime. (NCSL, 2006) Indiana, Kentucky and Louisiana all agree that there is no bar to seeking legal relief through the criminal court venue
Secondary research methods and outlets as well as support agencies are examined here. This part is also strengthened by consideration of online outlets for examination of the often fast-paced change in status of certain legal questions.
Somewhat of an anomaly is the placement hereafter of several chapters relating to how best to read and analyze sources and cases. It would seem more consistent with the pacing of this work to place these segments just prior to or after the case law section.
Returning to a sensible structure, the text turns thereafter to consideration of the legal writing field. Offering basic guidelines, tips on structural organization, discussion on point by point segments of legal writing and even discussion on such legal correspondences as opinions and client letters, the text ultimately serves as a rather thorough introduction to effective understanding and practice of legal writing.
Honigsberg, P.J. (2002). Gilbert Law…
Honigsberg, P.J. (2002). Gilbert Law Summaries: Legal Research, Writing & Analysis. Harcourt Legal & Professional Publications, 9th Edition.
Te NPC, importantly, controls bot legislative and judicial functions -- true to te consolidation of power in communism. Wen discussing te Cinese judiciary, one must understand tere are no juries, only judges; and earsay is admissible as evidence, unlike te civil tradition. However, in keeping wit civil tradition, evidence obtained from documents carries more weigt tan oral testimony. Te judge in a Cinese court is not interested in defending laws, teir interest is in defending te interests of te communist state and te socialist system.
Module 2 -- Legal Researc
Primary and secondary sources (2.11) and Keywords (2.1.2). Sources used in legal researc are primary and secondary: primary researc emerges directly from legal opinions, legislations, treaties or case law; secondary sources are commentaries about te decisions from journalists, lawyers, scolarly journals, and textbooks.
Tings to look for in conducting researc include te rigt keywords, witout wic searc engines are not…
Lexadin (world law guide): http://www.lexadin.nl/wlg/legis/nofr/legis.php .
Megalaw International Law sites: http://www.megalaw.com/international/index.php.
A federal civil case entails a legal dispute between two or more parties. In order to start a civil lawsuit in federal court, the plaintiff will file a complaint with the court and serve a copy of the complaint to the defendant. The complaint will explain the plaintiff's injury, give details about how the defendant caused the injury, and ask the court to order relief. A plaintiff will often look for money in order to compensate for the injury, or may ask the court to order the defendant to stop the behavior that is causing the harm (Civil Cases, n.d.).
To put in order a case for trial, the litigants may perform discovery. During discovery, the litigants must give information to each other about the case, such as the identity of witnesses and copies of any papers associated with the case. The purpose of doing discovery is to prepare…
Civil Cases. (n.d.). Retrieved August 15, 2010, from United States Courts Web site:
Mediation. (n.d.). Retrieved August 15, 2010, from U.S. Equal Employment Opportunity
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
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 .
Partnerships demand that all partners (both general and limited partners) be on the same page financially and within the scope of the business operations. They require shared a goal and vision for the entity, and a mutual understanding of each owner's role and the parameters for exerting control. Perpetual lines of communication must be available for all parties in response to changing dynamics and the occurrence of unforeseen events. This is particular relevant in the restaurant industry, where consumers have many choices and often make them based on little substance
. The restaurant industry is fraught with sudden changes, which can require added attention, effort and capital in a short period of time. Therefore, a thorough understanding of the roles of each owner, be they a general or limited partner, is essential to a properly functioning partnership.
Additionally, effective partnerships require regular meetings and reviews of all business operations, and…
Astrachan, J. (2003). Family Business' Contribution to the U.S. Economy: A Closer
Look. Family Business Review, vol. 17:3. p 211-219. (Retrieved from google scholar. Keywords: sole, proprietorship, owner, entrepreneurship)
Auty, S. (1992). Consumer Choice and Segmentation in the Restaurant Industry. The Service Industries Journal. vol. 12 (3). p 324-339. Retrieved from informaworld.com (Keywords: restaurant, corporation, consumer)
Baysinger, B. & Butler, H. (1985). Corporate Governance and the Board of Directors:
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 Ethical Environment
[Type the document title]
Over the last several years, the mining industry has faced similar challenges. Part of the reason for this is because of the increase in demand for a host of different raw materials. In the case of Rio Tinto and HP illiton, they are facing similar challenges from various safety issues. elow we will examine how both companies are addressing this underlying problem. (Goodman, 2004)
Identify two firms with similar problems but from different countries
Two firms that are facing similar challenges that are from different countries include: Rio Tinto (based out of the UK) and HP illiton (headquartered in Australia). Where, they are wrestling with how to improve mine safety, due to a series of accidents that have occurred.
Conduct a comparative analysis of the firms
The two firms are facing increasing pressure to improve mine safety standards because of a number of…
Australian Mine Disaster. (1998). Mine Web. Retrieved from: http://www.mineweb.com/mineweb/view/mineweb/en/page67?oid=80326&sn=Detail
Goodman, P. (2004). Booming China Devouring Raw Materials. Washington Post. Retrieved from: http://www.washingtonpost.com/wp-dyn/articles/A43765-2004May20.html
Perrin, C. (2010). Rio Tinto Spends More. IB Times. Retrieved from: http://www.ibtimes.com/articles/85861/20101126/rio-tinto-spends-more-for-underground-mine-safety.htm
Stevens, M. (2007). African Deaths Highlight BHP Mine Safety Problems. The Australian. Retrieved from: http://www.theaustralian.com.au/news/african-deaths-highlight-bhps-safety-problems/story-e6frg77f-1111115202285
This collection comprises health-care and social service employees such as visiting nurses, psychiatric evaluators, and probation workers; community employees such as gas and water utility workers, phone and cable TV employees, and letter carriers; retail workers; and taxi drivers (OSHA Fact Sheet, 2002).
The best defense that companies can give is to institute a no tolerance rule in regards to workplace aggression against or by their workers. The company should set up a workplace aggression avoidance course or include the knowledge into an accessible disaster prevention course, employee manual, or handbook of standard operating measures. It is important to make sure that all workers are aware of the rules and recognize that all ascertains of workplace aggression will be examined and dealt with quickly. Additionally, companies can recommend additional shields like:
Providing security training for workers so they understand what behavior is not suitable and what they should do if…
Davidson, Michael. (2010). Federal Workplace Violence Laws. Retrieved October 17, 2010,
from eHow Web site: http://www.ehow.com/list_6116986_federal-workplace-violence-laws.html
Heathfield, Susan M. (2010). Workplace Violence: Violence Can Happen Here. Retrieved October 17, 2010, from About Web site:
Legal Structure and Management of a National Level Sporting Organisation
Sports activities in the world today are becoming more popular and are attracting huge crowd. This is one of the reasons that have made sponsors to come in so as to help such clubs that are not able to support themselves financially. Through sponsoring, the sponsor is able to market and advertise its products within the stadium where the club is playing among other benefits. It is worth noting that sports are viewed as a means of income to each stakeholder including the players. Essendon football club has made Australia to be known worldwide because of the good performance the club has exhibited over the years.
Essendon Football Club is rated as a dynamic world class club in the Australian sporting arena. The success and competitiveness of the club is dependant on its set legal structure and proper management that…
Books, H. 2011. Articles on Essendon Football Club Including: List of Essendon Football Club, Honours, Anzac Day Class. America, AM: Hephaestus Books.
Bools, L., & LLC, G.B. 2010. Essendon Football CLub: Essendon Football Club, List of Essendon Football CLub Honours. United States, U.S.: General Books LLC.
Clark, T. 2007. Stick This in Your Memory Hole. Doncaster East Victoria, VIC: aduki independent press.
Devaney, J.P. 2009. Full Points Footy: Encyclopedia of Australian Football Clubs. Lincoln, LN: Lulu.com.
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 Protection for E-Commerce
The Internet is one of the lucrative facets in the global technology market. The Internet has taken the centre stage in illuminating everything taking place in the global commerce environment. With the presence of the Internet, diverse business activities can be executed in different environments. Nonetheless, the positives that have been realized from the Internet use come with dissimilar negative effects and uses among users. As far as the Internet has served to promote business activities, it has a number of disadvantages and negative effects. This has facilitated the establishment of laws to cater for these misappropriations.
This law handles intellectual property. Patents are facets that allow business individuals and organizations to formulate and sell various types of inventions like software programs, manufacturing processes, and mechanical processes. The federal law enables these people to have a rightful ownership and performance of their activities with…
Plotkin, M.E., Wells, B., & Wimmer, K.A. (2003). E-commerce law & business. New York,
Qin, Z. (2007). Introduction to E-commerce. Berlin: Springer Berlin
" (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
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…
In a democratic system, whose underlying foundation is a philosophy of independence and equal representation, giving somebody the power to buy political power or interest is unethical. For this reason, must governing boards have codes of ethics that specifically prohibit bribery.
The mayor's proposed plan to lure tourism to igtown is akin to the illegal bribery committed by the SLOC. In other words, what the mayor proposes is to give convention planners government contracts for coming to igtown, which is essentially giving the planners political power not available to the city's citizens. According to the governing rules, this form of political bribery is illegal. If the mayor does go through with this plan, he could be punished with such actions as fines or an impeachment from his position.
15 United States Code Sec. 78. (2006): The Foreign Corrupt Practices Act.
Longman, Jere. (1999): "Olympics: 2 Officials Quit in Salt…
15 United States Code Sec. 78. (2006): The Foreign Corrupt Practices Act.
Longman, Jere. (1999): "Olympics: 2 Officials Quit in Salt Lake City as Olympic Scandal Details Grow." New York Times.
Similarly, Michigan University online indicates that a person with mental retardation has the right to an Individual Education Plan (IEP) which includes the following.
A educational objectives, class placements, plan for checking progress, any other special services such as transportation or therapy
The laws on special education for individuals with disabilities, including mental retardation, are implemented by every state in the U.S., as well as in other nations, as part of government and community programs to promote equal human rights. Many schools on special education were established having the laws written in IDEA as the major basis of their operation. Moreover, the special education laws are implemented with the help of funding from the government. In the United States, a state that receives special education funding from the government is required to provide FAPE. To further improve the implementation of the laws on special education, workshops, researches, and studies, are…
Retrieved on November 08, 2006, from Online.
Web site: http://www.med.umich.edu/1libr/pa/pa_menret_hhg.htm
Overview of Special Education Law.
Attorneys, however, note that the suits are reflective of an increase in negligent doctors, who are hard pressed to serve a larger and more demanding patient load. Medical care is more costly and it is true that doctors fail to establish bedside relationships with their patients. Others point out that problems lie at the door of the insurance industry and management of hospitals (Committee, p. 1).
Because we discovered the problem in time, Mr. Jones was able to apologize and explain to the patients affected concerning the true nature of his outbursts. They did not have to pay for their treatment and none of them brought lawsuits against Mr. Jones or the hospital. We retained Mr. Jones, but advised him to notify the management if it appeared that there might be future outbursts. It is true that hospitals are much more diligent today because of risk management practices. Because of…
Abbott, R.L., Weber, P. And Kelley, B. (2005). Medical professional liability insurance and its relation to medical error and healthcare risk management for the practicing physician. American Journal of Ophthalmology. Vol. 140(6).
Committee to Study Medical Professional Liability and the Dellivery of Obstetrical Care, Institute of Medicine. (1989). Medical Professional Liabilityand the Delivery of Obstetrical Care: Vol I. Washington, D.C.: National Academy Press.
Grol, R. (2001). Improving the quality of medical care: Building bridges among professional pride, payer profit, and patient satisfaction. Journal of the American Medical Association. Vol. 286(20). 28 Nov 2001.
Harris, G. (2006). Senators to unveil new drug safety proposals. The New York Times. 21 Jun 2006. Retrieved January 14, 2008 at http://www.nytimes.com/2006/06/21/health/policy/21fda.html?_r=2&adxnnl=1&oref=slogin&adxnnlx=1200373850-0PNMhVh8RDTFqV4OOSZCpQ .
com. (2006) Nutritional information database retrieved 13 Dec
Fitday.com. (2006) Nutritional information database retrieved 13 Dec 2006
Severson, Kim. (13 Dec 2003) "New York Gets Ready to Count Calories."
The New York Times. Retrieved 13 Dec 2006 at
Schlosser, Eric. (2005) Fast Food Nation. New York: Harper Perennial.
"Supersize Me." (2004). Directed by Morgan Spurlock.
"Overweight and Obesity."(2006) CDC: Council for Disease Control.
Retrieved 13 Dec
Other safety measures would include using a matt or some sort of way to minimize the issue of falling or tripping during inclimate weather; and also keeping the aisles and store clean and neat so that there is little chance for accidents. Employees, too, should be encouraged to understand where the first-aid kit is located, procedures if a consumer is injured (911, etc.), and how to best protect themselves in the event of a robbery or altercation. The impact of all these will have two forms: it will increase expenses for the business and thus increase the amount the business must charge for the product -- part of the Cost of Goods Sold.
Consumer Product Safety Act. (1972). Public Law 92-573. Retrieved from:
Ensuring Safety in the Workplace. (2011). Workforce Central. Retrieved from:
Part 2 -- Business Plan Response:
Overview: The demand for affordable designer clothing has…
The "No New Law!" campaign then shifted its focus to the establishment of freestanding clinics and insurance coverage for women who needed the procedure. Because provincial governments regulate health care in Canada, pressure was put on them for publicly funded clinics. Pro-choice activists also pressured the federal government to approve U-486 for Canadian testing.
Although criminal sanctions are no longer in force, improved equal access has been disappointing. ich women have always had access to safe abortions and always had a choice, but working women have not. Their choice was inhibited by the state's involvement. Weir (1994) states the women now who have the greatest difficulties are women of colour, rural women, women from under-serviced areas, poor women, unemployed women, women with disabilities, and women whose first language is not English. How much money women have and what kind of work they are employed in makes a huge difference in…
Albert, R. (2005). Protest, proportionality, and the politics of privacy: Mediating the tension between the right of access to abortion clinics and free religious expression in Canada and the United States. Loyola of Los Angeles International and Comparative Law Review, 27 (1), 1-62.
Palley, H.A. (2006). Canadian abortion policy: National policy and the impact of federalism and political implementation on access to services. The Journal of Federalism, 36 (4), 565-586.
Weir, L. (1994). Left popular politics in Canadian feminist abortion organizing, 1982-1991. Feminist Studies, 20 (2) 249.
ere, the Plaintiff and all of the members of the God Squad were arrested and removed from school property by police.
The police acted on probable cause that the group was inciting violence on school property after observing their offensive and disruptive behavior. Additionally, the Plaintiff was given an arraignment, charged with trespassing, disturbing the peace, and inciting a riot, and was released on bail to the custody of his parents. Thus, the police were acting in accordance with the law. So, there was no false arrest.
Upon review of the facts and evidence, it can be clearly seen that the Defendant acted in the best interest of the school in protecting and preserving the campus as a safe and nurturing learning environment. Furthermore, the Defendant did not violate the Plaintiff's First Amendment Rights because the rights being argued by the Plaintiff do not exist on the limited forum…
Hazelwood School District v. Kuhlmeier. 484 U.S. 260 (1988).
42 U.S.C. Sec. 2000e-2
West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc.
After reading the Gilbert Law Summary on legal writing and research, a law student would be much better prepared to begin his or her educational career in research and analysis. As previously stated, the student should feel more adequate to tackle the research portion of any legal project, but the actual writing and analysis would need further development as only actual experience may provide. Honigsberg's introduction into the vast world of legal study should help pave the way for a better knowledge of what exactly is entailed in researching the law. His outline source should be used as a basic guideline for organizing a study of legal cases, and is a must for any student's law collection. The definitions and insight into the U.S. legal system provided by Honigsberg should make the research process a little easier to understand. As most researchers know, finding a place to begin when there…
Vargas outlines a broader pattern in the consumer world which informs the proposal here, indicating that there is a splintering of all marketplaces between online and retail outlets which is changing the way that the latter must conduct business. These are ideas that direct the strategy here suggested for Midwest University.
Accordingly, key terms which will be considered in the proposal are those of 'file-sharing,' 'intellectual property,' and 'online piracy.' In the current online file-sharing context, everyday university students have essentially become bootleggers, according to legal research and assertion by both the music industry and the United States Congress. These are sources which appear to favor the music industry institutions, but in actuality, take a narrow perspective that is damaging to compromise for all parties. The program proposed here will be informed by a desire to overcome this hindrance to cooperation through a carefully constructed mediation whereby the university determines…
Borland, J. (April 9, 2003). Music Industry: Piracy is choking sales. CNET News. Online at http://news.com.com/2100-1027-996205.html .
Vargas, M. (2005). Cyberspace vs. Parking Mall Space. About the Retail Industry. Online at http://retailindustry.about.com/library/weekly/aa001101b.htm.
In aaccounting research, the model used would be called analytical modeling, which consists of sstudies that use models with no specific underlying economic theory but use mathematical techniques. The mathematical formulas are applied to test and establish laws and accounting practices. Simulation, or the practice where the analysis is so complex that it requires a computer, is also an example of an inductive accounting practice research methodology.
Finally, pragmatic research utilizes pragmatic validity, which views research from a prescriptive-driven perspective. For example, solutions to problems that actually occur in the complex and high field of practice are developed in a way that, while valid for a specific situation, need to be adjusted according to the context in which they are to be applied. In the accounting area, general empirical research is a catchall that includes primarily descriptive empirical work. Another example of an accounting research methodology that consists of pragmatic…
Blaikie, N. (2007). Approaches to Social Inquiry. ISBN 0745634486.
Fleming, R., Graci, S. & Thompson, J. (2000). Dawning of the Age of Quantitative/Empirical Methods in Accounting Research. The Accounting Historians
Journal. (June 2000).
In these instances, a state might claim that the international community has acted beyond its jurisdiction as limited in Article 38 by allowing some action. Such an action is exemplified by the dispute between the NAT and Yugoslavia regarding ethnic cleansing in Kosovo. Here, Yugoslavia filed an application for proceedings through the ICJ against the United States for its use of force in Kosovo, invoking Article 38. Accordingly, the ICJ reports that "as to Article 38, paragraph 5, of the Rules of Court, it provides that when a State files an application against another State which has not accepted the jurisdiction of the Court, the application is transmitted to that other State, but no action is taken in the proceedings unless and until that State has accepted the Court's jurisdiction for the purposes of the case." (ICJ, p. 1) the ICJ rejected this application on the grounds that it lacked…
Online at http://books.google.com/books?id=TkW0I_sthHsC&pg=PA215&lpg=PA215&dq=palmeter+the+WTO+Legal+System:++Sources+of+Law&source=bl&ots=Ekdnv1cG7I&sig=5vLFKzcHmbYNFuZcYQFHbS5qWes&hl=en&ei=JZIkTeCdJ4X7lwf47Ji6AQ&sa=X&oi=book_result&ct=result&resnum=1&ved=0CBMQ6AEwAA#v=onepage&q&f=false
Perkins, S.C. (1996). International Human Rights Law and Article 38(1) of the Statute of the International Court of Justice. Institute on Public International Law of the American Association of Law Libraries.
Online at http://intelligent-internet.info/law/icjart.html
difficult conflicts anyone in the legal profession can experience is a conflict between ethics and the obligation to zealously represent one's client. No where is this tension more apparent than in a situation where one obtains privileged information belonging to the opposing party. here are three options facing a legal professional confronted with such a situation; using the privileged information without notifying the opposing party how it was obtained, notifying the court and opposing counsel that privileged information has been obtained and that one intends to use it, or not using the privileged information. None of the solutions is perfect, but only one solution allows a paralegal to reconcile ethical obligations with the duty to zealously represent the client; informing the court that privileged information has been obtained and will be used.
If a paralegal uses the privileged information without informing the opposing party of their mistake, the paralegal has…
The second most authoritative resource would be the 1990 Kansas Court of Appeals decision, with facts similar to the client's facts, in which the defendant was found guilty of manslaughter (lesser offense). Unless there have been major changes in the legislation or the interpretation of the legislation, such decision would help the court determine how prior courts have decided to interpret the statutes in question. Learning the reasoning behind the 1990 decision would help the court decide why it should choose not to follow the third most authoritative resource, which would be the 1980 Kansas Supreme Court decision, with facts similar to the client's facts, in which the defendant was found guilty of murder. Any state Supreme Court decision interpreting a state statute that has not been overruled would usually be the most authoritative resource; however, the passage of time, and a contrary Court of Appeals decision indicate that the courts have chipped away at the reasoning behind the 1980 case.
In order to support the claim that changing theories of law or views in society account for the differences in the 1980 and 1990 results, I would then turn to the fourth, fifth, and sixth most authoritative resources. The fourth most authoritative resource is the case is the article from American Jurisprudence, 2d, explaining the differences between murder and manslaughter cases. This is authoritative because it attempts to capture the essence of the difference between murder and manslaughter, from the point-of-view of America as a whole. To support the conclusions drawn in the article, I would suggest the fifth most authoritative resource: the 1989 law review article that surveys all of the murder statutes in all the 50 states. Although Kansas can choose to define murder and manslaughter differently than they are defined by other states, it is likely that the court will look at what other states are doing, in order to determine the difference between manslaughter and murder. To shore up that argument, I would provide the sixth most authoritative resource: the Illinois Supreme Court position. Illinois is only one state, and therefore its decision is less authoritative than a survey of the position of the various states. However, due to its proximity to Kansas, what is happening in Illinois may actually be more likely to convince the court than the resources that should be considered more authoritative.
Finally, if there were jurisdictional or procedural l issues or questions, I would present the information from the A 2004 Kansas supreme Court decision on breach of warranty in automobile sales. While a recent state Supreme Court decision would generally be considered more authoritative than the other sources listed, the fact that the decision appears to have little to do with the topic of murder or manslaughter indicates that it is not very authoritative. However, if the client were charged with murder based on a breach of an automobile warranty, or other issue that played a prominent role in the 2004 Kansas Supreme Court decision, I would actually choose to present that decision as the most authoritative.
Alacare Home Health Services Inc., Petitioner vs. Commissioner of Internal evenue
The comparison of American Institute of CPAs' (AICPA) Statements on Tax Standards and the Treasury Department Circular 230 rules to practice.
Alacare Home Health Services, Inc., Petitioner vs. Commissioner of Internal evenue espondent
In the addressed case, the petitioner was from Birmingham, Alabama, and was a Medicare-certified home health care agency which uses accrual method of accounting. As admitted by the respondent, the figure for office expenses in 1996 was overstated and should've been $247,413 and not $259,062 (Tax Attorney esources - Alacare Home Health Services, Inc. - Page 7 - U.S. Tax Court Opinions, 2001). In 1995, the computer expenses amount had also been overstated due to an error in valuing depreciation and so, instead of $104,806, $101,806 had been recorded. A petition was formed in 1982 and from 1995-1996, the petitioner treated the cost of capital…
(2001). Laws - Legal Research. Tax Attorney Resources - Alacare Home Health Services, Inc. - Page 7 - U.S. Tax Court Opinions. Retrieved June 7, 2016, from http://law.onecle.com/tax/2001/alacare.tcm.wpd07.html
(2001). Leagle.com -- A leading provider of copies of primary case law from all Federal courts and all State higher courts. ALACARE HOME HEALTH SERVICES, INC. v. COMMISSIONER -- Leagle.com. Retrieved June 7, 2016, from http://www.leagle.com/decision/2001187581ertcm1794_11728/ALACARE%20HOME%20HEALTH%20SERVICES,%20INC.%20v.%20COMMISSIONER
Schreiber Jr. (2014). The Tax Adviser. An Overview of AICPA and IRS Rules of Practice. Retrieved June 7, 2016, from http://www.thetaxadviser.com/issues/2014/feb/tpr-feb2014.html
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 tactics that are used is the power of attorney. This is a written document that is authorizing one person to act as an agent for the benefit of another party. However, depending upon the intended purpose there are a number of different powers of attorney that are granted. To fully understand this concept, means that we must carefully examine each type. Once this occurs, is the point that we can see how and when this is applied in different kinds of situations. ("Power of Attorney," 2011)
The topic that we will be researching is the power of attorney that is granted in various legal proceedings. The reason why this was chosen is because; this tool is often utilized to provide a person with authorization in conducting a host of transactions. The most notable include: conducting audits, end of life situations, purchasing securities or having access to a bank account…
Durable Power of Attorney. (2011). Tighelaw. Retrieved from: http://www.tighelaw.com/dpa.html
Power of Attorney. (2011). Legal Dictionary. Retrieved from: http://legal-dictionary.thefreedictionary.com/Power+of+attorney
Why do I need a Power of Attorney. (2011). U.S. Legal Forms. Retrieved from: http://www.uslegalforms.com/powerofattorney/
Alderson, L. (2011). Let the Records Show. Bloomington, IN: I Universe.
police officers should follow to stop people for questioning.
"High-crime zones" are recognized by constitutional law: people in such areas have Fourth Amendment safeguards, distinct from those within different areas of those towns, states or cities. This step is representative of a big shift from equality of constitutional protections of every citizen. In some cases, regarding the Fourth Amendment, ranging from Adams v. Williams to the Illinois v. Wardlow case, the U.S. Supreme Court has considered neighborhood's character as one of the aspects in finding "sensible suspicion" in order to stop an individual. The neighborhood's character is not a sole validation criterion for stopping someone, but it has given two factors as the required circumstances: "high-crime zone" and 'unwarranted' running away from the police (Ferguson and Bernache, 2008). Lower level courts have also allowed high-crime zones and other otherwise innocent deeds to be considered reasonable enough suspicion to stop…
Casebriefs - Law Cases & Case Briefs for Students. (n.d.). Hiibel v. Sixth Judicial District Court of Nevada - Casebriefs. Retrieved October 4, 2016, from http://www.casebriefs.com/blog/law/criminal-procedure/criminal-procedure-keyed-to-weinreb/the-fourth-amendment-arrest-and-search-and-seizure/hiibel-v-sixth-judicial-district-court-of-nevada/
Ferguson, A., & Bernache, D. (2008). The "High-Crime Area" Question: Requiring Verifiable and Quantifiable Evidence for Fourth Amendment Reasonable Suspicion Analysis. AMERICAN UNIVERSITY LAW REVIEW, 57(6). Retrieved, from http://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=1036&context=aulr
Language selection -Department of Justice / Selection de la langue - Ministere de la Justice. (n.d.). What You Need to Know About Making a Citizen's Arrest. Retrieved October 4, 2016, from http://www.justice.gc.ca/eng/rp-pr/other-autre/wyntk.html
Rice. (n.d.). Legalzoom: Start a Business, Protect Your Family: LLC, Incorporate, Wills, Trademark, Legal Advice. When Can the Police Stop and Frisk You on the Street? - legalzoom.com. Retrieved October 4, 2016, from http://www.legalzoom.com/articles/when-can-the-police-stop-and-frisk-you-on-the-street
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/
The education of those students who do not meet the eligibility requirements remains the responsibility of general educator (bid., 66-56).
Individualized Education Program and Individualized Family Service Plan
Finally, it is time to develop the actual IEP and/or an individualized family service plan (IFSP) for infants and toddlers. There also can be an IEP for preschoolers and schoolchildren. This is also a transition component of the IEP for those students with disabilities who are 16 years or older (ibid., 66-67). The IEP is built on the intervention concept of the norm-referenced and criterion-referenced tests. This is based upon is a type of a test, assessment or evaluation that yields an estimate of the position of the tested student in a predefined population in relation respect to the trait that is being measured. The estimate is derived from the analysis of the test scores and possible other data drawn from the…
American recovery and reinvestment act of 2009: Idea recovery funds for services to children and youths with disabilities. (2009). Retrieved from http://www2.ed.gov/policy/gen/leg/recovery/factsheet/idea.html .
Gargiulo, R.M. (2006). Special education in a contemporary society: An introduction to exceptionality. Belmont, CA: Wadsworth/Thomson Learning.
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
The impact of the psychological profiles of the offender and victims on the court evidence presented by the prosecutor and defense teams and witness use
Psychological profiling involves developing a composition of behavioral attributes. It combines psychological and sociological review of the offender. The process of profiling is anchored on the premise that if the crime scene is analyzed carefully and accurately, there is a good chance that the type of person involved in the offence will begin to surface. Therefore, it is based on the idea that some types of people manifest certain behavior tendencies and patterns. A jury informed of such patterns, is better equipped to ascertain probale suspects (Ebisike, 2007).
Profiling driven by psychological processes has an impact on the strategies and suggestions for evidence presentation by both offenders and victims. In the offender's case, profiling suggests the most effective style of interviewing to apply when such…
, 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.
legal aspects of job-related stress in Great Britain, with the view to helping businesses in Great Britain avoid stress claims. While the article addresses issues in Great Britain, it also illuminates another way of looking at stress. The first article looked at it from a personal level; the second from a group level; and this one purely from the company's point-of-view. In considering this article, readers might note its implied relationship to the article by Styhre et. al., because it demonstrates clearly that work-related stress occurs within a larger social unit (the employment setting). The article's main point is that employers should handle claims of stress both sensitively and carefully, especially as they relate to suspension and firing, to avoid lawsuits charging the company with causing psychiatric damage to the individual because of how the company handled the situation.
This article points out various causes of stress, all listed in…
These people demonstrated that a trial regarding a possible capital sentence is lengthy and is probable to reflect negatively on the suspect, considering that he or she experiences intense feelings as he or she stands and waits for the jury to decide whether he or she is going to live another day or not. Taking into account the nature of the crimes attributed to a person who is susceptible to be sentenced to death, it is irrelevant whether or not he or she spends a significant amount of time in courts.
Another legal issue that emerges when discussing in regard to capital punishment is related to the influence of constitutional rights in the case of a person who is convicted for serious crimes. "hat we have here is a head-on collision between the operating needs of the capital punishment system and the sentiments and the norms of Anglo-American criminal justice"…
Adam Bedau, Hugo, and Cassell, Paul G., "Debating the Death Penalty: Should America Have Capital Punishment? The Experts on Both Sides Make Their Case," (Oxford University Press, 2005)
Mandery, Evan J. "Capital Punishment in America: A Balanced Examination," (Jones & Bartlett Publishers, 2011)
Marzili, Alan, "Capital Punishment," (Infobase Publishing, 2008)
McCafferty, James, "Capital Punishment," (Aldine Transaction, 2009)
legal framework which provides the foundations for the American system of labor / management relations.
The state of labor / management relations today is very different than it was 100 years ago. Workers can actually reason with their employers and, more than anything else, employers often find themselves at the mercy of employees (due to the unions) and having to kow tow to their demands. This has both negative and positive ramifications.
The history of the labor / management relations synthesis started in the 1860s when the Industrial Revolution created a surplus of labor and competition between factories for workers. Few laws had existed for workers and employers had been cheap with their wages. Unions had existed in the past and workers had often been fired from unions. In fact, workers who had banded together had been perceived as criminals.
The first national union that succeeded, the Knights of Labor,…
Baird, Charles W. "Right to work before and after 14 (b)." Journal of Labor Research 19.3 (1998): 471-493.
Chron. The Evolution of the Labor-Management Relationship http://smallbusiness.chron.com/evolution-labormanagement-relationship-36056.html
Jasper, Margaret C. 2002. Labor Law. Dobbs Ferry, N.Y.: Oceana.
Lareau, N. Peter, et al. 2003. Labor and Employment Law. Conklin, N.Y.: Matthew Bender.
Thousand Oaks vs. Amelco Electric
Broward County Vs. Great American Insurance
Great Monument Vs. Pinellas County
Pasco County School Board vs. Norwood Co
Cho Dae Presbyterian Church vs. Norwood County Zoning Board
Lafayette ealty vs. City of Hawthorne
City of Hackesack vs. Bergen County
City of Thousand Oaks vs. Amelco Electric
Amelco Electric was awarded a contract by the city of Thousand Oaks' to construct the electric portion of the Civic Arts Plaza project. The contract was worth over 6.1 Million Dollars. City representatives paid Amelco $1,009,728 extra to make changes. Amelco committed a faux paus when it failed to utilize the additional funds towards making the new changes as stated. They also claimed that it was difficult to verify the problems as it was impossible. Amelco claimed damages as they believed that the changes were a betrayal of their contract. The management pressed for lost…
Public Construction Law, Cheri De Love, 2003 ( http://www.publiconstructionlaw.com/Cases.htm#PERFORMANCE%20SURETY%20OFFER )
Great Monument Construction vs. Pinellas County (Carlos Moncada, The Tampa Tribune, 2003)
Cho Dae Presbyterian Church vs. Zoning Board, Norwood County, (Adam Geller, 2000; Publication: The Record (Bergen County, NJ)
City of Hawthorne vs. Bergen County (Hugh R. Morley, The Record,1995)
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.
Thus, execution of the mentally retarded is not only illegal, but immoral as well. Sue Gunawardena-Vaughn of Amnesty International wants to expand this logic to include the mentally ill, stating, "Severely mentally ill people are not the worst of the worst" (eigl 2006).
Hansen, Liane; Siegel, Robert. (2002 June 20). Analysis: Supreme Court rules it unconstitutional to execute mentally retarded people who've committed crimes.
All Things Considered: National Public Radio. Retrieved December 10, 2006 from HighBeam Research Library.
eigl, Andrea. (2006 November 12). Clemency sought for delusional murderer: The North Carolina inmate is part of a national debate on the executions of those with severe…
Hansen, Liane; Siegel, Robert. (2002 June 20). Analysis: Supreme Court rules it unconstitutional to execute mentally retarded people who've committed crimes.
All Things Considered: National Public Radio. Retrieved December 10, 2006 from HighBeam Research Library.
Weigl, Andrea. (2006 November 12). Clemency sought for delusional murderer: The North Carolina inmate is part of a national debate on the executions of those with severe mental illness. News & Observer (Raleigh, NC). Retrieved December 10, 2006 from HighBeam Research Library.
Nursing Ethical Issue eview
Legal and Ethical Issues
Nursing ethical issue review: The ethics of faculty misconduct
Although ethical issues have been increasingly showcased within the nursing curriculum, according to Fowler & Davis (2013), less attention has been paid to the ethical concerns which are raised within the process of nursing education itself. In a review of Cumulative Index to Nursing and Allied Health Literature (CINAHL) and PubMed databases only 10% of the nursing journal articles that were identified actually addressed ethical issues in nursing education and issues that were often discussed in more general literature on ethics in higher education, such as faculty sexual misconduct, were not addressed at all (Dowler & Davis 2013:127).
While teacher-student sexual relations are legally prohibited because of the student's age at a high school level, the question of consent becomes considerably more complex at a college level. "When sexual relationships between professors and…
Fowler, M. & Davis, A. (2013). Ethical issues occurring within nursing education. Nursing Ethics, 20(2) 126 -- 141.
Professor-student sexual assault. (2013). Pact5. Retrieved:
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).
Terrorist Threat to California through Mexican Drug Trafficking
The immigration challenges across all the United tates borders often invoke varied responses from both the average citizens and the law enforcement agencies. The cross border migration that has been of greatest concern is the Mexico to UA migration due to the myriad challenges this migration presents to the U..A. The Mexican population residing to the outh of the U.. has had a strained relationship with its northern neighbor over a long period of time owing to the inconsistency of its immigration policies, the distinctly lower socioeconomic status afforded to Mexicans on both sides of the border and the ravages afflicted upon both sides of the border by the U.. sponsored War on Drugs. Though all of these aforementioned factors are relevant, it is the war on drugs that forms the central concern of this research proposal since it has proven persistent…
Astorga, L. (2003). Drug Trafficking in Mexico: A First General Assessment. United Nations Educational, Scientific and Cultural Organization. Online at http://www.unesco.org/most/astorga.htm
DeMelo, D. (2005). Merton's Strain Theory. Criminological Theory. Online at < http://home.comcast.net/~ddemelo/crime/mert_strain.html >
Imperial Valley News (IVN). (2008). Mexican Drug-Trafficking Organization Members Indicted in Operation Money Train. Imperial Valley News.
Jeffrey, T.P. (2009). Drug Cartels Control Crossings. The Washington Times.
ethical issues in the given case.
Jane, Brad, Eddie and Greg are stakeholders, to some extent, in the given case. Brad owns an organization, Eddie is its general manager, Greg is employed as one of the organization's many service technicians, and Jane is employed as the payroll department head. All service technicians, to a certain extent, are organizational stakeholders (LS312__FamilyBusiness , n.d). Therefore, all involved parties in the given case have some concern in the company or, were something to happen, a claim. Interest derives from business operations and task assignation.
This case involves the At-Will Employment law. In every state in the U.S., with the exception of the state of Montana, relationships with regard to employment are assumed as being "at-will." America is one among the few nations in the world in which the nature of employment is principally at-will. A majority of nations across the globe…
(n.d.). EEOC Home Page. Facts About Retaliation. Retrieved December 19, 2015, from http://www.eeoc.gov/laws/types/facts-retal.cfm
(n.d.). Legislative News, Studies and Analysis -- National Conference of State Legislatures. At-Will Employment - Overview. Retrieved December 18, 2015, from http://www.ncsl.org/research/labor-and-employment/at-will-employment-overview.aspx
(n.d). Writer Thoughts
Institutional Authority vs. Law Enforcement on Campus
The purpose of this work is to examine the legal and ethical consideration that governs the "division of authority" between educational institutions and the law enforcement agencies, or campus police in relation to incidents involving students. Further this work will consider the effect that the failing view of education has had on the view of the importance of education. Finally this work will explore the 4th and 14th Amendment of the U.S. Constitution and what effect these two amendments should have on aspects of administration affairs in relation to students.
In 1894 Yale University and the New Haven Police Department joined efforts in the prevention of crime on the college campus. The role of the officer on campus was ill defined and there are still discrepancies today as to exactly what the dividing line between the campus police officer and the university administration…
Bordner & Peterson, (1983) "Campus Policing: The Nature of University Police Work" New York
"Managing Innovation in Policing: The Untapped Potential of the Middle Manager"(1995) NIJ Research Preview [Online] available at: http://www.communitypolicing.org/eleclib/txtfiles/midman.txt
Fossey, R., & Smith, M.C. (1996). An administrator's guide for responding to campus crime: "From Prevention to Liability"
San Francisco, CA: Jossey-Bass
Operating an e-Business Today
The Age of Information has created a new environment where many of the rules are still being written. Certainly, any new innovation in human activity requires a careful evaluation of the ethical considerations involved. Not since the introduction of steam engines during the Industrial evolution replaced human workers, though, has a technology appeared that had the potential to so dramatically reshape the human community and the ethical landscape in which business is conducted as e-business does today and in the future. This paper will provide an overview of e-business and its implications, an analysis of three potential ethical problems facing e-businesses today, followed by a summary of the research in the conclusion.
eview and Discussion
Background and Overview. While the World Wide Web dates back to only 1993, Americans are going online in increasingly large numbers, at home and work, today. In fact, by September 2001,…
Baird, R.M., Ramsower, R. & Rosenbaum, S.E. (2000). Cyberethics: Social & moral issues in the computer age. Amherst, NY: Prometheus Books.
Choudhury, P. & Cui, G. (2003). Consumer Interests and the Ethical Implications of Marketing:
A Contingency Framework. Journal of Consumer Affairs, 37(2), 364.
Mcallister, M.P. & Turow, J. (2002). New Media and the Commercial Sphere: Two
Rivera of 1990. This case involved Rivera, who was a financial advisor and Salvatore Guarino, Rivera's cohort, selling John G. Talcott, Jr. A resident, 93 years of age in Massachusetts a $75,000 investment. Talcott sent a check for $10,000 payable to Guarino for the purpose of travel expenses in acquiring a return on the original investment of $75,000. When Rivera informed Talcott that he only needed $5,700 for traveling expenses, Talcott stopped payment on the check for $10,000. Guarino however cashed the check with a company that charged him five percent for cashing the check and the company deposited the check in the company's bank. A second check was sent by Talcott to Guarino for the amount of $5,700.00 and he took it to the same company and cashed the check. Rivera called Talcott to warn him about Guarino and informed him that he was dishonest at which time Talcott…
Negotiable Instruments (nd) Chapter 30. Customer's Source
Holders in Due Course (Chapter 3) (nd) Whaley. Published by Jay Law. Retrieved from: http://jay.law.ou.edu/faculty/McCall/Payment%20Systems/Whaley%20chap%203%20HIDC.pdf
Uniform Commercial Code §17-6 (4th ed. 1995) cited in Whaley. Published by Jay Law. Retrieved from:
Legal Issues in Cremation
The sources listed in this annotated bibliography provide a beginning body of information about the legal issues that emerge when a cremation is not carried out according to the wishes of the family or the deceased. The resources provide information about failed cremation that was due to negligence on the part of the official licensed to provide cremation services.
Two of the research questions are: What are the regulations about licensing and inspections of crematoria in various states? In which states does the law make it crime to negligently dispose of a body?
illigan, T.S. (2013, November 15). Hawaii Adopts NFDA's Model Right of Disposition Law. The Director. National Funeral Directors Association (NFDA). Retrieved
This article is useful as it explains the legal problems that can emerge when a state (such as Alaska and Hawaii) do not have a right of disposition law.…
Goldwasser, J.W. (Rabbi (2014). How can a Jewish cemetery permit the burial of cremated ashes on sacred ground? About.com.
This is an informative article on cremation under Jewish law. Most traditional authorities forbid the burial of ashes in a Jewish cemetery because it encourages the practice of cremation. Some traditional authorities do allow ashes to be interned because to deny burial would itself be a violation of the command to bury.
McCurdy v. Arkansas State Police, 375 F. 3 762 (8th Cir. 2004)
Type of Action
The case covered in this legal brief was the case of an employee of the Arkansas State Police, that being McCurdy, filing an action against the State of Arkansas in the form of the Arkansas State Police, that being her employer. Ms. McCurdy was trying to hold the Arkansas State Police liable for the sexual harassment of her supervisor. The case in this legal brief was argued before the United States Eight Circuit Court of Appeals (Leagle, 2014).
Facts of the Case
Jamie McCurdy, while being an employee of the Arkansas State Police, was subjected to about an hour of sexual harassment. The harassment in question was explicitly banned and disallowed as a matter of policy with the Arkansas State Police. On the Friday in which the harassment occurred, Sergeant Hall (McCurdy's supervisor)…
IntroLaw. (2014, May 30). Summary: McCurdy v. Arkansas State Police, 375 F.3d 762 (8th Cir. July 23, 2004). Summary: McCurdy v. Arkansas State Police, 375 F.3d 762 (8th Cir. July 23, 2004). Retrieved May 30, 2014, from http://www.introlaw.com/ed/cs/8th/04/080704mc.html
LawMemo. (2014, May 30). Employment Law Memo sample. Employment Law Memo sample. Retrieved May 30, 2014, from http://www.lawmemo.com/sample/e20040726.htm
Leagle. (2014, May 30). McCURDY v. ARKANSAS STATE POLICE | Leagle.com. McCURDY v. ARKANSAS STATE POLICE | Leagle.com. Retrieved May 30, 2014, from http://www.leagle.com/decision/20031257275FSupp2d982_11161
Discuss the legal and ethical issues involved in Roe v. Wade
With the advent of 70's and particularly, aftermath of the decision of the Supreme Court in Roe v. Wade during 1973, abortion policy has become a controversial issue in the merican politics. (Levine; Staiger; Kane; Zimmerman, 1996) The decision in Roe v. Wade reinforced the right of women to privacy with regard to her own body, incorporating the termination of pregnancy. (Pozga, 2010) Roe v. Wade delineated more specifically the rights of fetus as well as the mother on the basis of the magnitude of viability. (Killion; Dempski, 2000)
The decision in Roe v. Wade which accorded constitutional protection to abortion, which voided the state laws which banned it, was a decision which had several legal and ethical concerns. This verdict in Roe v. Wade damaged the cornerstone of the ethical principles against the issue of killing. The…
An ultrasound neither informs legally nor medically -- irrespective of that, it notifies them aesthetically. Women are compelled to view at an image of a fetus; however, the woman who desire to abort already has prior knowledge of the ultrasound image of fetus. Additionally, there is the concern for ultrasound prices. As per the law the patient is expected to take the burden of the compelling procedure. The law entails a fine of $2,500 for not complying with the legal necessities. Such incorporation of ultrasound is visualized as a method to financially dissuade women for resorting to a legal medical procedure. Irrespective of the ethical issues of the abortion the government is not expected to emphasize moral issues on its citizen legally. This law on this ground is regarded as appalling & the offensive government encroachment that is framed to embarrass women desiring to avail legal healthcare. (Fox, 2012)
Such laws pertaining to necessities of ultrasound for abortion is lacking in significant arenas and is not the most successful methods to insure that an abortion thinking mother gets advantages from the powerful influence of ultrasound. Particularly, all of these laws need that some ultrasound information be accorded to the woman from the doctor who is attending the woman. The attending doctor definitely desires that the women must select the option for abortion since the doctor will be paid for abortion. It is pertinent that any need that this person offer ultrasound information would be distorted and skewed by the attending doctor to persuade the mother to abort her baby. Secondly the limitation of the law is that it compels a mother to attain information that she does not require. This imposes problematic public relations. (Glessner, 2012)
An analysis of several laws enacted reveal that they are insufficient in assuring that a woman desirous of undergoing abortion will really view an ultrasound image of her child. Some of these laws simply necessitate that woman be told of
Prevailing Legal Theory in the United States Today
Common legal theories in the United States today
The most commonly-espoused legal theories in the media today are those of 'strict construction' and 'broad construction' (otherwise known as 'judicial activism.') Strict construction, according to its adherents, means strictly adhering to the 'letter of the law' and strictly interpreting the Constitution according to the original intent of the authors of the document. Strict construction uses a "literal and narrow definition of the language without reference to the differences in conditions when the Constitution was written and modern conditions, inventions and societal changes" (Sollum 2009). Strict construction interpreters have been highly critical of decisions such as Brown v. Board of Education, which examined evidence of the psychological impact of segregation upon young, African-American children and oe v. Wade, which created a test of viability for the fetus while protecting women's absolute right to choose…
Carmona, Ana Julia Bozo. (1999). Toward a postmodern theory of law. Paideia project.
Retrieved May 24, 2011 at http://www.bu.edu/wcp/Papers/Law/LawBozo.htm
Jones, Jeffrey. (2009). Americans in agreement with Supreme Court on gun rights. Gallup.
Retrieved May 24, 2011 at http://www.gallup.com/poll/108394/Americans-Agreement-Supreme-Court-Gun-Rights.aspx
hotel sent the security guard on duty to check on Gonzalez in his hotel room. The defendant rebuffed to open the door. The security guard heard the sound of breaking glasses and the high television volume. This prompted the hotel to summon Laredo Police Department to assist in carrying out investigations. The hotel staff did not appeal the police to take Gonzalez into custody. In the other case, Michael Evans arrived at the club with his companions; he unknowingly groped Ms. Niland who later instructed the security officer to arrest him.
Nonetheless, in the second case, Michael Evans had number of associates including, Chad Sorrell, Bernard Lynch, and Dan Lechner. They witnessed the event at the club as opposed to the first case where Gonzalez was alone studying in his hotel room in preparation for the forth-coming Texas Import/Export examination.
In the first case, due to lack of sufficient evidence…
Products Liability esearch:
Mattel Inc. is a company that was founded in 1944 by Elliot and uth Handler that designs, manufactures, and markets a huge range of toy products. The firm is headquartered in California with its core product lines including Hot Wheels die-cast vehicles, Barbie fashion dolls, Disney toys, Fisher-Price preschool toys, and games like Scrabble. While Mattel also manufactures its toy products based on license agreements with movie makers, most of its toys are produced outside its huge market in the United States i.e. Southeast Asia. Actually, the firm's principal manufacturing facilities are located in several countries in Southeast Asia like Malaysia, China, Thailand, Indonesia, and even Mexico. Since its inception, the company has continued to experience significant growth that enables it to generate huge revenues. By 2007, its revenues had grown to $5.97 billion with its three largest customers accounting for 41% of sales across the globe.…
Andersen, M. (2009, October 16). Mattel Settles Lawsuit Over High Levels of Lead in Chinese
Toys. Retrieved June 10, 2012, from http://www.usatoday.com/money/industries/retail/2009-10-14-mattell-lead-in-toys-settlement_N.htm
"CPSC Overview." (n.d.). U.S. Consumer Product Safety Commission. Retrieved from Consumer Product Safety Commission website: http://www.cpsc.gov/about/about.html
Lacorte, V.L. (n.d.). Mattel, Inc.: The Lead paint Recall. Retrieved from Tuck School of Business