Litigation Essays (Examples)

Filter results by:

 

View Full Essay

Punitive Damages and Injunctions Civil

Words: 459 Length: 1 Pages Document Type: Essay Paper #: 99017186

For example, "in 1999, a Los Angeles jury issued the biggest punitive damage verdict ever -- $4 billion -- against General Motors (GM). The plaintiffs had been trapped and burned when their automobile gas tanks exploded. In court it was revealed that GM had chosen not to warn the public about the gas-line defect because it judged it would be cheaper to pay out individual lawsuits than to recall the defective automobiles," as explicitly stated in an internal company memo (Court 2004)

Do you think pre-conviction forfeiture in criminal cases is constitutional?

Strictly speaking, the practice is of highly dubious constitutionality, given that Amendment 7 of the U.S. Constitution requires a trial by jury to convict them of a crime. In some cases, pre-conviction forfeiture has been used to remove animals when someone is charged with abuse, which may seem like a noble use of the statute, but even then,…… [Read More]

Works Cited

Amendment 7." U.S. Constitution Online. 3 Apr 2008.  http://www.usconstitution.net/xconst_Am7.html 

Animal Rights: Article Topics." Lewis & Clark College. 3 Apr 2008. http://www.lclark.edu/org/ncal/articletopics.html

Court, Jamie. "Supremes Limit Punitive Damages." Dollars & Sense. 2004. 3 Apr 2008.  http://www.dollarsandsense.org/archives/2004/0304court.html "
View Full Essay

Alternative Dispute Resolution Juvenile Courts

Words: 403 Length: 1 Pages Document Type: Essay Paper #: 74811040

For older juveniles, though, and for repeat offenders, I do not think that juvenile court is really a very good idea. These children are old enough to understand right from wrong and start to make good choices (Anderson, 1994). They often do not worry about the consequences, because they know that they are often not punished harshly. If the punishment is not serious and/or frightening, there is no real reason for a juvenile to avoid a crime (Anderson, 1994; Widom, 1992). This does not mean that a 13-year-old boy should be tried with the same rules as a 30-year-old man, but there should be more and stronger punishment of juveniles, especially for serious crimes, where any teenager really should be tried as an adult. They are old enough to know what they are doing, but the justice system does not treat them as such, so they are unafraid of any…… [Read More]

Bibliography

Anderson, Michelle Lea Cherne. (1994). "The high juvenile crime rate: A look at mentoring as a preventive strategy." Criminal Law Bulletin, Vol 30(1), 54-75.

Widom, Cathy Spatz. (1992, October). "The cycle of violence. National Institute of Justice Research in Brief."
View Full Essay

Dicenzo v Best Products Company Inc Dicenzo

Words: 1954 Length: 6 Pages Document Type: Essay Paper #: 65961845

DiCenzo v. Best Products Company, Inc. (Dicenzo v. A-Best Products Co., Inc., 2008), is actually a compilation of several different personal injury actions filed against approximately 90 different defendants. Such filings are not unusual in the products liability field particularly in cases involving asbestos manufacture, sale and distribution. The wide use of asbestos and its popularity as a fireproofing and insulating material resulted in many firms becoming involved in the asbestos industry but when it was later determined that asbestos was also a serious carcinogen the high number of business involved in the industry also served to complicate the litigation process. The result was that many such cases were consolidated in order to avoid the litigation of the same issues over and over again. The instant case presents a classic example of how and why asbestos cases are so readily consolidated by the courts.

The named plaintiff, one of ninety,…… [Read More]

References

Brickman, L. (1992). The Asbestos Litigation Crisis: Is there a need for an administrative alternative? Cardozo Law Review, 1819-1889.

Chevron v. Huson, 404 U.S. 97 (U.S. Supreme Court 1971).

Cupp, R.L. (2003). Asbestos Litigation and Bankruptcy: A case study for Ad Hoc Public Policy Limitations on Joint and Several Liability. Pepperdine Law Review, 31-54.

Dicenzo v. A-Best Products Co., Inc., 120 Ohio St. 3d 149 (Ohio Supreme Court 2008).
View Full Essay

Protocols of Litigating a Civil

Words: 7018 Length: 26 Pages Document Type: Essay Paper #: 89443652

This is usually a low standard to achieve. As long as a person acts in a way which avails the person of the protection of the laws of that state, that person has subjected themselves to the jurisdiction of that state (International Shoe).

Next, the complaint will allege subject matter jurisdiction, i.e., that the lawsuit fulfill the requirements for this court to hear it? Pertinent requirements can include how much money haws plaintiff sued for or whether the case poses a question about a federal statute or the U.S. constitution. In many cases involving litigants from different states, the Plaintiff will allege that he is suing the Defendant for an amount greater than $75,000.00, which is the minimum monetary amount for federal subject matter jurisdiction (Title 28 U.S.C. § 1332(a)) and that the Plaintiff does not reside in the state in the same state as any defendant (Am Jur Pleading…… [Read More]

Works Cited

Alternative dispute resolution. U.S. Office of Special Counsel (2010, January 18).

Retrieved from http://www.osc.gov/adr.htm

Altonaga, Honorable Cecilia Marie. (2002, May 04). Federal court judge's practice guide. Retrieved from http://www.flabar.org/divpgm/pu/fcpcsurvey.nsf

American Jurisprudence 2d (1997). St. Paul, MN: Thompson Reuters.
View Full Essay

Contract Dispute and Renegotiation Between

Words: 1271 Length: 4 Pages Document Type: Essay Paper #: 80683386

A lawsuit would create bad publicity for the bank during a period when it needs to create a positive image for itself in the media.

Retaining a strong relationship with an IT business partner is beneficial for CS, given the ever-changing nature of technology. The changing demands of the project is one reason the company has had such as stressful relationship with SS, and presumably the new system will require updates and reform in the future. Fostering a bad relationship with a well-known technology company is hardly in the interest of CS if it needs to update its system again.

Specific measures managers may take to minimize legal risk or realize legal opportunities.

Clarity in wording is essential in the future agreement for both parties. From the perspective of SS, limiting its liability is of paramount important, given that under the current contract, regardless of how tenuous an argument, CS…… [Read More]

View Full Essay

Legal Nurse Consultant Business Plan

Words: 5420 Length: 20 Pages Document Type: Essay Paper #: 24690003

(Chizek, 2003)

The ole legal nurse consultant may provide service in a number of roles, including but not limited to:

Consulting expert

Testifying expert

Facility-based investigator

Trainer and in-service presenter

Peer reviewer

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,…… [Read More]

References

http://www.questia.com/PM.qst?a=o&d=5001243047

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.
View Full Essay

Conservatism in Accounting Valuation Accounting

Words: 6022 Length: 18 Pages Document Type: Essay Paper #: 1894474

That was the year that significant changes were made in the Securities Act and the rules for bringing class action lawsuits were adjusted and modified. Because of those changes, it became more important from a litigation standpoint to ensure that conservatism was used in accounting valuation. Because there are empirical differences between the contracting and litigation perspectives, there have been many discussions regarding them in the past and that will likely continue well into the future. Each accounting firm must do what it feels is in the best interest of both itself and its clients, but the avoidance of lawsuits is a highly significant issue to consider when a company is planning to focus on a particular accountancy option.

C. Income Tax Perspective

Because income taxes are so closely tied to earnings, it only stands to reason that there would be an accounting valuation issue as it relates to conservatism…… [Read More]

References

Ahmed, A.S., B. Billings, M.S. Harris and R.M. Morton. 2001. Accounting conservatism and cost of debt: An empirical test of efficient contracting. Working paper, Syracuse University.

Ahmed, A.S., R.M. Morton and T.F. Schaefer. 2000. Accounting conservatism and the valuation of accounting numbers: Evidence on the Feltham-Ohlson (1996) model. Journal of Accounting, Auditing & Finance 15 (Summer): 271-292.

American Institute of Certified Public Accountants, Committee on Accounting Procedures (AICPA). 1939. Accounting Research Bulletin 2.

Antle, R. And R. Lambert. 1988. Accountants' loss functions and induced incentives for conservatism. In Economic Analysis of Information and Contracts: Essays in Honor of John Butterworth, edited by G. Feltham, A. Amershi, and W. Ziemba. Boston, MA: Kluwer Academic Publishers.
View Full Essay

Appellant Brief - Prisoners' First

Words: 3496 Length: 13 Pages Document Type: Essay Paper #: 38213927

M. Lin's release from MCF has had the effect of rendering his lawsuit moot. In this case, M. Lin was incarcerated at the time the lawsuit was filed, but not at the time it is being decided. Thus, M. Lin's cause of action fails on the issue of mootness. Additionally, of the six members whom were denied visitation privileges, five of them have had sons which whom were formerly incarcerated at MCF, but now have been released. The son of the sixth MOM member asserting denial of visitation privileges died after his release from MCF. Thus, all of the six members of MOM claims will fail as a result of mootness.

C. RIPENESS

AUTHORITY

The controversy must be ripe for decision; ripeness bars consideration of claims before they have fully developed. A case may be dismissed as unripe where a statute has never been enforced and there is no real…… [Read More]

View Full Essay

International Disputes When Business Internationally Issues Settling

Words: 1422 Length: 4 Pages Document Type: Essay Paper #: 84581346

International Disputes

When business internationally issues settling legal disputes international transactions. What practical consideration taking legal actions a foreign business partner-based country? Which laws precedence.

Dealing with conflict in the new global economy

The rise of the new global economy has generated profits for many enterprises because of the connections it has fostered. However, in addition to the positive benefits of international agreements, there has also been a rise in international disputes. "As international commerce increases, so does the volume of international business disputes…new inbound and outbound foreign investment surpassed previous levels. Some of these deals will fail, and not all contracts will be performed as planned" (A new way to resolve international business disputes in Illinois, 2013, CIDA). Two of the most common methods of dealing with international disputes between business entities are international litigation and international arbitration. Litigation has certain superficial advantages, from the point-of-view of a firm:…… [Read More]

References

Aliment, R. (2009). Alternative dispute resolution in international business transactions. The Brief, 38.4

Knop, K., Michaels, R. & Riles, A. (n.d.). International law in domestic courts: A conflict of laws approach. scholarship.law.duke.edu. Retrieved:

http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2629&context=faculty_scholarship

A new way to resolve international business disputes in Illinois (2013). Chicago International
View Full Essay

Clinton Cole v Burns International

Words: 969 Length: 3 Pages Document Type: Essay Paper #: 3091839

As such, any valid arbitration agreement will be accordingly handled and implemented by the arbitrators on the case.

4) What specific steps can be taken effectively to change this legal outcome in future cases?

In the case of Clinton Cole vs. urns International Security Services, the Court decided against the plaintiff's request to render void the arbitration agreement signed by employee on the 5th of August 1991. In order to change the outcome of future similar legal cases, the employees need better arguments as to why the arbitration agreement should be considered null by the Court. Also, to convince the Court to rescind the agreement, the plaintiffs and their lawyers should focus on the issues that are not covered by the arbitration agreement.

For instance, employees could point out how the agreement refers to the "recruitment, employment and termination of employment by the Company; including, but not limited to, claims…… [Read More]

Bibliography

Clinton Cole vs. Burns International Security Services, 105 F.3d 1465 (D.C.1997)

NASD Arbitration, the Banks Law Office, http://www.bankslawoffice.com/nasd-arbitration.php, last accessed on October 3, 2007

Edwards, Chief Judge, Summary of Opinion

Background of the Case
View Full Essay

Resolution Alternative Dispute Resolution Legal

Words: 1906 Length: 7 Pages Document Type: Essay Paper #: 51511845

" (U.S. Equal Opportunity Employment Commission, nd) This is a voluntary mediation agreement, which may opt out of by the employer or the employee. The benefits of the UAM include: (1) "UAM demonstrates from the outset a company's willingness to mediate on cases eligible for mediation - this may contribute to the ultimate satisfactory resolution of a matter; (2) With a UAM, the initial step of contacting the employer to see if they will mediate a particular charge is shortened or eliminated; (3) a UAM establishes a point of contact for the employer, thereby expediting the flow of information between the EEOC and the employer; (4) Fast tracking the information through established contact points expedites the scheduling of a mediation session; and (5) UAM's are flexible. They allow parties to opt out of mediation on a case by case basis if either believes the claim is not appropriate." (Equal Employment…… [Read More]

Bibliography

Mediation (nd) Equal Employment Opportunity Commission Online available at http://www.eeoc.gov/mediate/index.html

Facts About Mediation (nd) the U.S. Equal Employment Opportunity Commission November 1, 2004. Online available at http://www.eeoc.gov/mediate/facts.html.

Federal Sector Alternative Dispute Resolution (ADR) (2004) the U.S. Equal Employment Opportunity Commission. Online available at http://www.eeoc.gov/federal/adr/index.html.

Alternative Dispute Resolution: A Resource Guide - Section I: Alternative Dispute Resolution Techniques and Agency Practice. U.S. Office of Personnel Management. Online available at http://www.opm.gov/er/adrguide/Section1-a.asp
View Full Essay

Terrorism-Related Case Briefs

Words: 2236 Length: 8 Pages Document Type: Essay Paper #: 76514757

Parties:

United States of America (plaintiff) v. amzi Ahmed Yousef, Eyad Ismoil and Abdul Hakim Murad (defendants)

Facts:

amzi Yousef, Eyad Ismoil also known as Eyad Ismail, and Abdul Hakim Murad also known as Saeed Ahmed were charged by the United States in a federal district court for conspiring to bomb twelve American commercial airlines in Southeast Asia. Following his entry in Manila, Philippines in 1994, Yousef developed a plan for the attack which incorporated five people placing bombs aboard the aircraft and exiting them at their first layoff. Together with other people, Yousef tested the plan on two incidents by placing smaller bombs in other aircrafts. This plan was discovered when the three accidentally started a fire when burning chemicals in the Manila apartment. The area police arrived at the scene and found plans to carry out the attacks on Yousef's computer as well as components for developing a…… [Read More]

References:

"Ashcroft v. Kidd CB3." (2013, March 4). Westlaw -- Saint Leo University. Thomson Reuters.

"Dinler v. City of New York CB4." (2013, March 5). Westlaw -- Saint Leo University. Thomson Reuters.

"PMOI v. U.S. Department of State CB2." (2012). Westlaw -- Saint Leo University. Thomson Reuters.

"United States v. Yousef CB1." (2012). Westlaw -- Saint Leo University. Thomson Reuters.
View Full Essay

Legal System Dispute Resolution You Are

Words: 924 Length: 2 Pages Document Type: Essay Paper #: 1383879

The informal nature of mediation may allow evidence to be considered that might be prohibited in a court of law.

Arbitration is more complicated than mediation. Since arbitrators "give written opinions, which can be binding or non-binding…the most common procedure is for each side to select an arbitrator and for those two arbitrators to select a third arbitrator. The dispute is then presented to the three arbitrators chosen, with a majority of the arbitrators rendering a written decision"(Renia 1999). Arbitration is swifter and less formal than litigation. However, some people may feel that arbitration gives too much power to the arbitrators, even though arbitration does not protect the rights of the defendant and plaintiff with the same degree of scrutiny as a court of law. Some may feel arbitration offers the best of all three options; others might feel it is the worst because it does not offer the full…… [Read More]

Works Cited

Renia, Leonard. "Mediation vs. arbitration vs. litigation: What is the difference?

Findlaw. June 1, 1999. November 18, 2009. http://library.findlaw.com/1999/Jun/1/129206.html
View Full Essay

Employee Privacy Torts

Words: 7119 Length: 25 Pages Document Type: Essay Paper #: 96826900

Employee Privacy Torts

Issues relating to employee privacy have been at the forefront of businesses for many years. This has been fuelled by the dynamic workplace which changes constantly and also by employees and employers being more litigation-conscious. Technology has also spurred on employee privacy issues with e-mail and the internet being related to heightened concerns about vulnerability of employers to litigation. Many employers have thus exacerbated their concerns relating to employee privacy and especially monitoring of employee behavior. Employee privacy is respected in many of the large corporations. However, there still exist some breaches in employee privacy. Small business owners are at most risk as a result of their increased monitoring practices and close employer-employee interaction.

Historical background

oberson v. ochester Folding Box Company

One of the major cases that brought employee privacy to the limelight was oberson v. ochester Folding Box Company

Franklin Mills Co. decided to appeal…… [Read More]

References

Anderson v. City of Philadelphia, 845 F. 2d 1216 (1988).

Borse v. Piece Goods Shop, 963 F.2d 611 (1991).

Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1988).

City of Ontario v. Quon, 130 S.Ct. 2619, 560 U.S. (2010).
View Full Essay

Forensic Accountant Must Possess Accounting

Words: 1557 Length: 5 Pages Document Type: Essay Paper #: 13793429

Assets in the investment portfolio were overvalued. Financial transactions were structured to report smaller amounts of debt and create the appearance of greater cash flow. Financial results were represented in a false and misleading manner.

Forensic accountants also played an important role in the Enron case by doing audits and investigating accounting practices to gather evidence of how the fraud was performed. They played vital roles in the court room in presenting the evidence against cross examination and scrutiny. The forensic accountants were highly valued for their objectivity in the way evidence was presented.

Accounting, auditing, investigation, business, and understanding human behavior enabled forensic accountants to gather evidence for prosecution of fraud in court cases involving fraudulent accounting practices. These are vital skills forensic accountants are required to maintain. Forensic accountants must maintain competency, due care, objectivity, integrity, confidentiality, and proper conduct at all times, whether working with a client…… [Read More]

Bibliography

Code of Professional Ethics. (2012). Retrieved from Institute of Certified Forensic Accountants:  http://www.forensicglobal.org/ethics.html 

Homan, P. (2006, Mar - Apr). Fraud Buster. Retrieved from CPA Magazine: http://www.utoronto.ca.difa/PDF/Articles/FraudBuster.pdf

Jury Finds Former Master Graphics, Inc. CEO Liable for Securityies Fraud Arising From Accounting Scheme. (2008, Sep 8). Retrieved from SEC: http://www.sec.gov/litigation/litreleases/2008/li20705.htm

Shields, a. (2010, Mar 29). The role of forensic accountants. Retrieved from dolmanbatemen.com: http://www.dolmanbateman.com.au/1323/the-role-of-forensic-accountants
View Full Essay

Founding Partners of a Small Consulting Firm

Words: 1107 Length: 4 Pages Document Type: Essay Paper #: 29144202

founding partners of a small consulting firm. The company's attorney noticed the growing tension in the office and worried that there was going to be a blow-up.

ut, like the majority of business disputes, this one was resolved by mutual agreement without resort to litigation (Corley, Reed, & Shedd, 1995). In fact, the attorney suggested that the partners call in a mediator team, and this successfully defused the problem. Corley et al. define mediation as "a process in which a third party is brought into the controversy to help settle the dispute" (1995, p. 100). A mediator brings to the bargaining table an unbiased viewpoint and skill in bringing about compromise (Corley, Reed, & Shedd, 1995). Also, unlike arbitration, the solution suggested by the mediator is not binding, but is given significant weight (Corley, Reed, & Shedd, 1995).

These characteristics of mediation were central to solving this disagreement between partners.…… [Read More]

Bibliography

Corley, R.N., Reed, O.L., & Shed, P.J. (1995). The Legal and Regulatory Environment of Business. New York: McGraw-Hill Higher Education.

Gage, D.F. & Gromala, J.A. (2001, Summer). "Not All Business! Mediating the personality disputes behind internal business disputes." American Bar Association Dispute

Resolution Magazine, pp. 52-58.

2002, March). "The CPA Mediation and Arbitration" The CPA Journal, pp. 25-27.
View Full Essay

Legal Process There Are Several

Words: 1069 Length: 3 Pages Document Type: Essay Paper #: 95228326

d.).

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…… [Read More]

References

Civil Cases. (n.d.). Retrieved August 15, 2010, from United States Courts Web site:

http://www.uscourts.gov/FederalCourts/UnderstandingtheFederalCourts/HowCourtsWor

k/CivilCases.aspx

Mediation. (n.d.). Retrieved August 15, 2010, from U.S. Equal Employment Opportunity
View Full Essay

Lawyer by Johnson & Duffett

Words: 985 Length: 3 Pages Document Type: Essay Paper #: 26032218



The last two findings justified the need for these things to ensure the safety of the children. It was mentioned in the article that while "the ramifications of the 'legalization' of education are distasteful and sometimes disturbing," nevertheless "lawsuits and procedures are the price [to be paid] for protecting children" and that they are willing to pay this price rather than risk the safety and well-being of their students. Children are building blocks of our future. This is why I personally believe that children must be nurtured and protected at all costs. Hence, I think that the profession of teaching is one of the most noble and important professions in this world albeit one that can oftentimes be too sensitive.

According to a study by Jonah E. ockoff, "school administrators, parents and students themselves widely support the notion that teacher quality is vital to student achievement" (ockoff, 2004). By experience,…… [Read More]

References

Farkas, S., Johnson J., Duffet, A., Wilson, L. And Vine, J. (2002). A Lot Easier Said Than Done: Parents Talk About Raising Children in Today's America. Public Agenda. Retrieved November 21, 2009, from http://publicagenda.org/reports/lot-easier-said-done.

Field, T. (2001). Touch. Massachusetts: Massachusetts Institute of Technology.

Harper, D. (2001). Online Etymology Dictionary. Retrieved November 21, 2009, from  http://www.etymonline.com/index.php .

McEvoy, A. (2005). Teachers Who Bully Students: Patterns and Policy Implications. Wittenberg University.
View Full Essay

Laws Governing Business Entities Laws Governing Business

Words: 1940 Length: 4 Pages Document Type: Essay Paper #: 34619310

Laws Governing Business Entities

Laws Governing Business Organizations

Every business organization in a developed market is governed by laws, which are rather closely monitored to ensure the good fairing of the organization in the business market. Such laws provide for the standard form of the generally established legal entities in the worldwide economy. Such defined entities include, partnerships (general and limited), Limited Liability Company, cooperatives among others. This document outlines such laws and consequently defines their importance in performance of any organization or company established in a stable and developed business economy.

Organization By-laws

laws of most companies and organizations are articulated as below. This list provided below generalizes what is common and basic to most of the organizations or rather legal entities.

Every business organization should specify its official name to ensure proper identification with the concerned legal authorities. Each company has its own specific name, which is considered…… [Read More]

References

Anders J. Persson. The Contract of Employment: Ethical Dimensions. Journal of Business Ethics, vol. 66, No. 4 (July, 2006), pp 407 -- 415.

Charles R. Geer. Counter cynical Hiring as a Staffing Strategy for Managerial and Professional Personnel: Some Considerations and Issues. The Academy of Management Review, Vol. 9, No. 2, (Apr., 1984), pp. 324 -- 330.

David E. Bowen, Gerald E. Ledford, Barry R. Nathan. Hiring for the organization not the job; The Executive, Vol. 5, No. 4 (November 1991), pp 35 -- 51.

Douglas Smith, Smith (1999). Company Law. United Kingdom: Taylor & Francis.
View Full Essay

Classic Antiquities Stopping Looting of Classic Greek

Words: 2413 Length: 7 Pages Document Type: Essay Paper #: 56775172

Classic Antiquities

Stopping Looting of Classic Greek and Roman Underwater Antiquities Sites

Cultural artifacts that both describe how a group of people lived and demonstrates the art they contrived is precious to the people who consider themselves present members of that culture or, at the very least, are residents of the nation from which the culture originated. Unfortunately, the removal and sale of these artifacts has a long history, and the trade is only recently being regulated and stopped. There are many problems with the methods used to stop the trade however and no one nation or regulatory body has been able to devise a solid means by which these treasures can be returned to the people who claim them as heritage. The heritage argument and the ability to return the artifacts becomes even more clouded when the items in question are found underwater. Although there has been a concerted…… [Read More]

Bibliography

AFP. "A Rich Greek Archeology Frontier Lying Underwater." Khaleej Times (2005, June 24).

Aiken, Jonathan. "Antiquities Diplomacy." The American Spectator 42.1 (2009): 58-60.

Akal, Tuncay. "Surveillance and Protection of Underwater Archaeological Sites: Sea Guard." (accessed November 2, 2012) http://www.acoustics.org/press/155th/akal.htm

Carver, Martin. "Editorial." Antiquity 82.315 (2008): 7-9.
View Full Essay

Labor and Employment Law

Words: 1948 Length: 7 Pages Document Type: Essay Paper #: 38374886

decision will need to be made about the future of each one. Each decision will be supported with an analysis of the situation using the relevant legal framework. In general, companies are allowed to terminate employees if the termination is part of a downsizing, which in this case it is. Naturally, however, the issue of severance will be raised, and must be taken into consideration for each of the employees in question. The format will be a discussion of each individual employee, his or her situation, but then the final decision about who to terminate and how will be conducted at the end of the report. The microbrewery is probably a qualified company, with at least 15 employees, or this discussion would not be taking place.

Employee #1 -- Mike illiams. illiams is a member of a protected group, being Asian. His performance has been above the median, which gives…… [Read More]

Works Cited:

Department of Labor. (2012). Employee rights under the National Labor Relations Act. U.S. Department of Labor. Retrieved April 21, 2013 from  http://www.dol.gov/olms/regs/compliance/EmployeeRightsPoster11x17_Final.pdf
View Full Essay

Contracts Have Existed to Help

Words: 993 Length: 3 Pages Document Type: Essay Paper #: 74041386

Tis allows tem to ave an advantage if litigation becomes inevitable.

5. Non-Competition Clause a/k/a Covenant Not to Compete Clause - Most companies will attempt to protect teir intellectual capital from competitors by aving employees sign a non-competition agreement or, alternatively, by including a non-competition clause as part of an employment contract. Suc agreements restrict an employee from joining forces wit a competitor or setting up is or er own competing business for some period of time witin a particular territory (geograpical or oterwise). Tese agreements ave become so common in te tecnology sector tat most people use tem witout muc attention to teir content. Tis is wrong, and a lot of companies come to pay dearly for suc a careless approac. It is important t o note tat not only do companies dealing wit intellectual property use suc an agreement. Tis clause is utilized any time a company wants…… [Read More]

http://www.yourdictionary.com/choice-of-law-clause  http://www.heydary.com/lawyers/ontario/toronto/non-competition-agreements-p.html

http://www.allbusiness.com/legal/contracts-agreements/536-1.html

http://www.library.yale.edu/~llicense/forcegen.shtml
View Full Essay

AT& T Files Patent Lawsuit Against

Words: 666 Length: 2 Pages Document Type: Essay Paper #: 28015476



Vonage said in a regulatory filing. Vonage's stock, which was down 13 cents to $1.54 in 4 pm. New York stock Exchange composite trading, was down another 24 cents to $1.30 in afterhours trading. Vonage went public in May of last year at $17.One of the early players offering internet telephone service, Holmdel, N.J., vonage has been reeling in the past year as it has lost two high-profile patent lawsuits. All the major phone companies have patents they claim cover aspects of voice-over-internet-phone technology" (at&T Files patent Lawsuit Against Vonage).

AT&T has been trying to arrange a settlement with Vonage for the past two years, which shows they want to do the right ethical process without going to court, however they were unable to negotiate a "reasonable licensing arrangement" with the company. It is my opinion that Vonage is being untruthful in their below statement because if they truly wanted…… [Read More]

View Full Essay

Invention of the Internet Has

Words: 6685 Length: 20 Pages Document Type: Essay Paper #: 21157877

This software is used to perform common tasks like storage, data back up and data transfers.

Small and medium businesses have embraced this technology because it involves no start up costs (like servers, hard disks, technicians etc.) therefore making it cost effective. Basically payment is based on the storage space taken by the user, again, this makes it user friendly. It may also be referred to as hosted storage.

The flying Organizations

Smart companies are looking at the various aspects of the cloud and pushing some application into the cloud and some into the traditional data center environment. The most significant value of cloud computing is not just the cost benefit but agility for the whole business. This is done by creating an opportunity for firms to upload anything concerning their IT infrastructure to an outside provider. With cloud you only contract for the services you need and at the…… [Read More]

References

Allen, B (2009).Cloud Computing Will Reshape IT Forever

 http://www.cioupdate.com/trends/article.php/3848241/Cloud-Computing-Will-Reshape-IT-Forever.htm 

Beaman, K. (2010). "Continued Growth of SaaS for HCM."

http://www.jeitosa.com/knowledge/knowledge-hr-technology/continued-growth-of-saas-for-hcm/
View Full Essay

Paralegal Specialties International Law Paralegals in This

Words: 810 Length: 2 Pages Document Type: Essay Paper #: 23220141

Paralegal Specialties

International law: Paralegals in this field may work for government agencies that deal with international trade or multinational firms. Expertise in foreign languages is preferred.

Corporate law: Paralegals in this field assist "with employee contracts, shareholder agreements, stock-option plans, and employee benefit plans. They also may help prepare and file annual financial reports, maintain corporate minutes' record resolutions, and prepare forms to secure loans for the corporation" (Paralegals, 2009, BLS).

Criminal law: In criminal law practice, paralegals are often given the task of identifying "appropriate laws, judicial decisions, legal articles, and other materials that are relevant to assigned cases" (Paralegals, 2009, BLS). They may depose witnesses, keep track of evidence, or more generally monitor the progress of cases through the criminal justice system.

Litigation: Litigation paralegals "analyze legal material for internal use, maintain reference files, conduct research for attorneys, and collect and analyze evidence for agency hearings. They…… [Read More]

References

Bevans. (2009). Tort law for paralegals. New York: Aspen

Paralegals. (2011). Bureau of Labor Statistics (BLS). Retrieved February 24, 2011 at http://www.bls.gov/oco/ocos114.htm
View Full Essay

Club Amazon com Finding the Book of

Words: 1717 Length: 5 Pages Document Type: Essay Paper #: 68233919

Club / Amazon.com

Finding the Book of the Month Club at the URL given for this assignment was not possible. For some reason, accessing www.bookofthemonthclub.com, leads to something called BuyDomains.com. Indeed, BuyDomains.com appears to be attempting to sell the site visitor the URL to Book of the Month Club - "Domains for sale," yells the header. Is this some kind of Internet skullduggery? However, by going to Yahoo! And searching for Book of the Month Club, one discovers that the URL is www.bomc.com.And meantime, as to which company (amazon.com or bomc.com) has the better site and marketing mix - it seems very clear that Amazon.com is far out in front in the sheer volume of offerings for the Web consumer. If shoppers just want books or movies, then bomc.com is an easy site to navigate. But when looking for clothing, electronics, toys, software, and the kitchen sink, amazon.com is the…… [Read More]

View Full Essay

Modern Criminal Justice

Words: 5887 Length: 18 Pages Document Type: Essay Paper #: 10050857

Death penalty is generally conceived of as the supreme legal sanction, inflicted only against perpetrators of the most serious crimes. The human rights community has traditionally held a stance against the death penalty for a wide variety of reasons: critics argue that the death penalty is inhuman and degrading; that it is inappropriately applied and often politically motivated; and that rather than reducing crime, the viciousness of the punishment only serves as an inspiration to further violence.

Historically the death penalty has existed all around the world. Only since the beginning of the twentieth century has the death penalty been rejected by a growing number of people and states. International law discourages but does not prohibit it. Article 6 (paragraphs 2 and 5) of the International Covenant on Civil and Political ights states that "sentence of death may be imposed only for the most serious crimes in accordance with the…… [Read More]

References

Bernard, T. (1992). The cycle of juvenile justice. New York: Oxford.

Bohm, R.M. (2010). Death penalty opinions: Effects of a classroom experience and public commitment. Sociological Inquiry, 60, 285-297.

Bohm, R.M. (2003). American death penalty opinion: Past, present, and future. In J. Acker, R.M. Bohm, & C.S. Lanier (Eds.), America's experiment with capital punishment: Reflections on the past, present, and future of the ultimate penal sanction (pp. 27-54). Durham, NC: Carolina Academic Press.

Bradizza, C.M., Collins, R.L., Vincent, P.C., & Falco, D.L. (2006). It does the job: Young adults discuss their malt liquor consumption. Addictive Behaviors, 31, 1559-1577. doi: 10.1016jaddbeh.2005.12.001
View Full Essay

Ethical Decision Making Process and Dilemma

Words: 1166 Length: 3 Pages Document Type: Essay Paper #: 47519332

Decision Making with Providers

The scenario facing Mike, the lab technician, is that of lateness, which attracted a reprimand from his supervisor. Seemingly, lateness had become a trend to Mike while reporting to work and that is why the supervisor had questioned him. He had made a promise that he would be punctual, the last time his supervisor questioned him. Mike's promise pegged on the importance he attached to his job because he was the sole breadwinner for his wife and newborn baby. Mike was overwhelmed by the thought that his job would be terminated in the possible reoccurrence of his tendencies to come to the workplace while late. He had received the assurance his supervisor (Grand Canyon University, n.d.).

On this day, Mike tries his best to reach work on time. Therefore, he leaves home twenty minutes before time but unfortunately, there was an accident on his commute. Although…… [Read More]

References

Dlugacz, Y.D., Restifo, A., & Greenwood, A. (2004). The quality handbook for health care organizations: a manager's guide to tools and programs. San Francisco (CA): Jossey-Bass.

ECRI Institute. (July 2009). Risk Management, Quality Improvement, and Patient Safety. Healthcare Risk Control .

Grand Canyon University. (n.d.). Allied Health Community. Retrieved September 5, 2014, from Scenario: Critical Decision Making for Providers. Mike, Lab Technician:  http://lc.gcumedia.com/hlt307v/allied-health-community/allied-health-community-v1.1.html .

Kuhn, A.M., & Youngberg, B.J. (2002). The need for risk management to evolve to assure a culture of safety. Qual Saf Health Care, 11 (2), 158-62.
View Full Essay

Vioxx Tort Vioxx and Tort

Words: 578 Length: 2 Pages Document Type: Essay Paper #: 12490342



Class actions represent a consolidation of power by plaintiffs and alleged victims in a case, allowing groups of plaintiffs to consolidate their cases and seek a single judgment for collective damages. Though this is primarily a way of strengthening each plaintiff's case and their cases as a whole, it has certain benefits to defendants as well. By dealing with the Vioxx cases as a class action and coming to an out-of-court resolution with the class action, Merck avoided incurring additional legal costs in resolving or bringing to trial each of the individual cases that it was faced with. This is one way of managing the legal risks of the company; given a different set of circumstances, it might have been advantageous to try each case separately and many cases might have been dismissed due to lack of merit; in this case; the harm caused was fairly evident and materially the…… [Read More]

View Full Essay

Organizational Law the First Source

Words: 540 Length: 2 Pages Document Type: Essay Paper #: 44494122

It covers a specific device or process and it protected by the Patent Act. A patent can be enforced through the legal system. By contrast a trade secret more difficult to protect through the legal system. A trade secret is not generally known to the public whereas a patent is publicly viewable. A trade secret can be protected in states that subscribe to the Uniform Trade Secrets Act, but typically cannot be protected once the secret has been revealed.

There are a number of common encumbrances on title. Some examples are liens, mortgages, judgments, unpaid taxes, clouded title, easements and other restrictions.

A sole proprietorship is a form of business wherein the individual proprietor bears all liability for the business -- the business is not a distinct legal entity. Sole proprietorships are simple and inexpensive to set up and administer. However, the proprietor faces unlimited liability and pays taxes at…… [Read More]

View Full Essay

Custom Research Cousteau's Decision to

Words: 1531 Length: 5 Pages Document Type: Essay Paper #: 49211971

hile it can be argued that auditors bear a degree of responsibility to evaluate management practices, Cousteau clearly took the view that on the whole the financial statements did accurately reflect the firm's circumstances; that the fraud did not constitute a widespread attempt to deceive the markets. Thus, evidence of fraud does not in and of itself render financial statements materially misleading. The nature and dollar amount of the fraud must also be taken into consideration, all within the context of the totality of publicly available information about the firm.

orks Cited:

Braun, K. (2001). The Disposition of Audit-Detected Misstatements: An Examination of Risk and Reward Factors and Aggregation Effects. Contemporary Accounting Research. Vol 18, No. 1 (Spring 2001), pp.71-99.

Shunglu, V.K. (1998). Role of the Auditor in Promoting Good Governance. International Journal of Government Accounting. Retrieved September 7, 2009 from http://findarticles.com/p/articles/mi_qa3662/is_199804/ai_n8794931/

Babu, T.R.R. (2004). Audit Materiality. Oxford University. Retrieved…… [Read More]

Works Cited:

Braun, K. (2001). The Disposition of Audit-Detected Misstatements: An Examination of Risk and Reward Factors and Aggregation Effects. Contemporary Accounting Research. Vol 18, No. 1 (Spring 2001), pp.71-99.

Shunglu, V.K. (1998). Role of the Auditor in Promoting Good Governance. International Journal of Government Accounting. Retrieved September 7, 2009 from http://findarticles.com/p/articles/mi_qa3662/is_199804/ai_n8794931/

Babu, T.R.R. (2004). Audit Materiality. Oxford University. Retrieved September 7, 2009 from http://eprints.ouls.ox.ac.uk/archive/00001060/01/AUDIT_MATERIALITY.pdf

Sauer, R. (2007). The SEC's Materiality Standard Becoming Overly Vague and Excessively Onerous. Business Lawyer. Vol. 62, No. 2, pp 317-357.
View Full Essay

Role That the HR Department

Words: 3227 Length: 10 Pages Document Type: Essay Paper #: 57347408



Long-term vs. Short-term Orientation: Long-term Orientation, because all decisions being made within an organization impact the future, and in order for the company to have a successful outcome it should be oriented towards the future, instead of the past.

The seven Sullivan Principles promote equal and fair treatment to all individuals, regardless of race. They were issued in 1977 in South Africa and were aimed to help the aboriginal population that was being discriminated against by the new arrived whites.

The principles stress out the need for equal employment opportunities (promote nonwhites to leading positions), equal facilities, equal remunerations, better conditions outside the work for nonwhites and the abolition of the laws that allowed discrimination.

The Sullivan Principles became the "blueprint for ending apartheid" and made organizations realize the undoubted rights of the aboriginal community. When an international organization expands their business to foreign countries, they are not allowed to…… [Read More]

Bibliography

Michael Armstrong, May 2006, a Handbook of Human Resource Management Practice, 10th Edition, Kogan Page, London

Clarence Zener, November 1967, a Contribution to Profit Maximization, Texas a&M University, College Station

A.H. Maslow, 1943, a Theory of Human Motivation, Originally Published in Psychological Review, 50, 370-396

The Mid-Amercican Manufacturing Technology Center, Human Resource Services, http://www.mamtc.com/humanResources1.asp, last accessed on September 4, 2007
View Full Essay

Administrative Code Governing Career Service Employees

Words: 969 Length: 3 Pages Document Type: Essay Paper #: 26822094

Career Service Employees

According to the law, all employees are to be paid for their services, while overtime in all cases is also subject to some sort of compensation, either by means of payment or by means of compensatory leave. The circumstances under which each type of remuneration should occur vary among employee types. What this means is that all employees who offer overtime work should be compensated in some way. The Florida Administrative Code also provides for this type of compensation for various employee types (Martin, 2010). Compensatory leave can therefore be defined as "time off from work in compensation for irregular or occasional overtime work…" (CompesationBL, 2003).

According to the general rules for compensation, the directors' complaints are therefore valid. They are also valide in terms of the Florida Administrative Code (Stutler, 2006). According to Stutler (2006), Special Compensatory Leave can be awarded to Career Service employees in…… [Read More]

References

Compensation.BLR. (2011). Compensation Management. Retrieved from:  http://compensation.blr.com/whitepapers/Compensation/Employee-Overtime/Comp-Time-Future-Possibilities-Current-Realities-/ 

Martin, D.W. (2010, Dec.) Payroll and Personnel Administrative Processes At Selected State Agencies. State Of Florida Auditor General. Retrieved from:  http://www.myflorida.com/audgen/pages/pdf_files/2011-069.pdf 

Stutler, D.J. (2006, Jan 19.) Excess Work Hours/Overtime Procedure. Retrieved from: http://www2.dot.state.fl.us/proceduraldocuments/procedures/bin/250010005.pdf
View Full Essay

ACLU Case

Words: 634 Length: 2 Pages Document Type: Essay Paper #: 31728646

ACLU

acial profiling cases have always been an integral part of the American Civil Liberties Union's (ACLU) docket. Cases involving racial profiling have become increasingly high profile, if not actually more prevalent, since September 11 created mass witch hunts against Muslims and Muslim-Americans. According to the ACLU (2011), "acial profiling continues to be a prevalent and egregious form of discrimination in the United States. This unjustifiable practice remains a stain on American democracy and an affront to the promise of racial equality."

Cases involving racial profiling or accusations thereof range from those that deal with individual cases (such as drivers being pulled over for no reason other than they were black) and collective cases. Collective cases include recent ones involving an ACLU=led lawsuit against the Transportation Security Administration (TSA). The lawsuit was successful, resulting in "the first time ever" that an agency within the U.S. Department of Homeland Security was…… [Read More]

References

ACLU (2005). "In Landmark Racial Profiling Settlement, Arizona Law Enforcement Agents Agree to Major Reforms." ACLU. Retrieved online: http://www.aclu.org/racial-justice/landmark-racial-profiling-settlement-arizona-law-enforcement-agents-agree-major-refor

ACLU (2011). Racial profiling. Retrieved online: http://www.aclu.org/racial-justice/racial-profiling
View Full Essay

Mortgage Company Effectiveness of the

Words: 1232 Length: 3 Pages Document Type: Essay Paper #: 31404702

The focus in the meeting between the parties to the dispute is the initiative of formulating a solution that is agreeable to both parties in lieu of their own individual desire in relation to their 'side' of the matter. Oftentimes coalitions are formed in the negotiations of a 'multi-party nature.

The mortgage company will be bound by certain Federal regulations in their handling of all types of disputes that would be affected by the Fair Debt Collection Practices Act. The contracts of most mortgage companies have specific stated provisions for arbitration and mediation which are both alternative dispute resolution methods. Mediation is the process of resolution with an impartial facilitator while Arbitration is a process in which the impartial party makes the decision which is binding on the parties. There are other aspects of legality in the ADR Process of a mortgage company. One of these is the "agency" or…… [Read More]

Bibliography

Payson, Martin (1999) "Explore the Benefits of Alternative Resolution" Inc. May 1999 [Online] available at http://www.inc.com/articles/hr/emp_p olicy/emp_d spute / 15222.ht m lInc.

Mediate, Arbitrate of Litigate? (2002) Graziadio Business Report [Online] 2002 Summer Edition available at http://gbr.pepperdine.edu/023/arbitration.html.

Crane, Amy B. (2004) Arbitration Clauses: A Rights Giveaway [Online]available at Bankrate Website http://www.bankrate.com/brm/news/advice/20041117a1.asp?print=on

Dispute Resolution - Trade Practices and Fair Trading (2004) located at http://www.industry.gov.au/content/itrinternet/cmscontent.cfm?ObjectID=9018E848-D3A
View Full Essay

Statute of Limitations These Are

Words: 2517 Length: 6 Pages Document Type: Essay Paper #: 5026780

This seems to be serious, but most of the people committing the crime are being released by the courts. (Understanding White Collar Crime)

Question 3a: What is a FOIA request and is it likely to be granted?

The request is under the Freedom of Information Act, and it is targeted to the United States Department of Justice, and there is no reason to think that the Department of Justice will refuse to reply. The question is of political interference occurring affecting the trial in the last stages of the trial against the cigarette industry. Let us not assume that the Department of Justice is now being totally controlled by the politicians, and that is why they will stop from replying. At worst, there will be the appointment of a committee to investigate and look into the matter. Even that will help the cigarette industry as they will get more time,…… [Read More]

References

About Southern Research. Southern Research Institute. Retrieved at  http://www2.southernresearch.org/ . Accessed on 17 June, 2005

About Us: A lasting partnership... born of dedication and cooperation. Retrieved at  http://www.atca.org/about_us.asp . Accessed on 17 June, 2005

Indicator Species. Department of Natural Resources. Retrieved at http://www.michigan.gov/dnr/0,1607,7-153-10370_22664-60298 -- ,00.html. Accessed on 17 June, 2005

Moral Hazard. Retrieved at  http://www.investopedia.com/terms/m/moralhazard.asp . Accessed on 17 June, 2005
View Full Essay

Court Briefs - 7 Different

Words: 1075 Length: 4 Pages Document Type: Essay Paper #: 89470982

S. No. 04-1739 (2006)

Facts:

Issue(s):

Ruling:

Analysis:

Minority Rationale:

Comments:

wo examples of where rights are limited in the ownership of land or property:

Servitudes and easements are put into place...

Servitudes and easements can be protected by...

It is vital to protect Servitudes and easements because...

III. Intellectual Properties

Eric Eldred, Et Al., Petitioners V. John D. Ashcroft, Attorney General

U.S. 01 -- 618 (2003)

Facts:

Issue(s):

Ruling:

Analysis:

Minority Rationale:

Comments:

he differences between copyrights, trademarks, and patents include:

he title to real property is permanent, whereas some intellectual property is limited in the time that it is protected due to...

IV. Business and the Bill of Rights

Humana Inc., Et Al., Petitioners V. Mary Forsyth Et Al.

U.S. 97 -- 303 (1999)

Facts:

Issue(s):

Ruling:

Analysis:

Minority Rationale:

Comments:

he major difference between business speech and political speech is that...

Whether or not "Closely regulated industries…… [Read More]

Timothy Booth, Petitioner V.C.O. Churner et al." (2001). Retrieved 07 July 2006 at http://supct.law.cornell.edu/supct/search/display.html?terms=Administrative%20gency&url=/supct/html/99-1964.ZO.html.

What is the Difference Between a Copyright, Trademark and Patent?" (2006). Retrieved 08 July 2006 at  http://www.wisegeek.com/what-is-the-difference-between-a-copyright-trademark-and-patent.htm .

Court Briefs - 7 Different Cases
View Full Essay

Opening Argument in Court

Words: 2320 Length: 8 Pages Document Type: Essay Paper #: 88685138

Court Opening Argument

It is humbly submitted to the Hon'ble Court that this respondent as per the issues and syllabus cited submit that the issues of the litigation pertain -- not only to the law of marriage, but also to the recognition if it must be accorded to same sex marriages and unions, and whether no recognizing this social development amounts to denial of the constitutional rights of a group of citizens. It is also pertinent to question if the states in allowing adoption to opposite sex couples and denying the same to same sex couples. The question then becomes still deeper with the challenge of the validity of same sex marriages.

It is still with various states to give effect to the Defence of Marriage Act -- DOMA and the definition of marriage as per section 3 of the act makes marriage between a man and a woman alone…… [Read More]

View Full Essay

Fall Into the Reasonable Accommodation Category of

Words: 579 Length: 2 Pages Document Type: Essay Paper #: 95148854

fall into the "reasonable accommodation" category of less than $500 would be things like modifying work schedules, reassigning workers to different tasks or departments, restructuring jobs, making facilities accessible, and providing interpreters or readers.

It is very important that Muslims have protection because employers are not allowed to discriminate against any religion. Whether the employer agrees with or likes the religion does not matter. That employer must not discriminate against the employee because he or she chooses to practice a particular religion.

The organization and other employees are negatively affected because it hurts their morale. They see that the company does not value all employees, and that some who work for them are considered "better" than others based on criteria they are not able to control. This sends the wrong message.

In other countries, laws are not as much of a concern for HRM. However, with employment becoming much more…… [Read More]

View Full Essay

Interest an Identification of the Problem That

Words: 831 Length: 3 Pages Document Type: Essay Paper #: 79593461

interest, an identification of the problem that you have selected, and an explanation of the significance of this problem for nursing practice

My research question: Among acute patients on medical surgical units does hourly rounding as opposed to only setting the bed alarm help decrease patients falls by 75%.

Falls are a major problem amongst acute patients, particularly amongst the 65+ population and can lead to so many related problems, occasionally to fatal results, that this essay considers it a crucial topic for nurses and caregivers to look into and investigate.

The fall is traumatic aside from which consequences of falling can also include post-fall anxiety, fractures, head injuries and loss of independence through falling, each of which has far wider ramifications impacting physical, social, mental, emotional, and behavioral spheres of the patient's life. The ramification of falling, therefore, for the patient has a wider and far-reaching impact that touches…… [Read More]

Sources

Broe, K et al. (2007) A Higher Dose of Vitamin D Reduces the Risk of Falls in Nursing

Home Residents: A Randomized, Multiple-Dose Study JAGS 55:234 -- 239

Oliver D. et al. (2004) Risk factors and risk assessment tools for falls in hospital in-patients: a systematic review Age and Ageing 33:122 -- 130

Davies, K.S. (2011). Formulating the evidence-based practice question: A review of the frameworks. Evidence-Based Library and Information Practice, 6(2), 75a€"80. Retrieved from https://ejournals.library.ualberta.ca/index.php/EBLIP/article/viewFile/9741/8144
View Full Essay

Dell's Inc Accounting Fraud

Words: 1401 Length: 5 Pages Document Type: Essay Paper #: 57091795

DELL INC. FAUD

Business practices came under fire when America's seventh largest firm Enron collapsed due to unethical accounting strategies. This case triggered a series of unwelcome events where one after the other, large organizations in the U.S. collapsed or run for bankruptcy cover with one case even implicated the infamous Martha Stewart for insider trading. The various deceitful activities of some larger companies resulted in widespread public mistrust of business practices and values. Companies as big as Adelphia, ENON, Global Crossing, Kmart, Qwest communications, WorldCom and Xerox are all under thorough investigation by one of the few reliable authorities, Securities and Exchange Commission (oyal Bank of Scotland). All the aforementioned names were business of international repute that were charged with the unethical act of projecting inflated profits to trick stakeholders and earn higher profits and generate greater revenue from expensive stocks (oyal Bank of Scotland). WorldCom ran for insolvency…… [Read More]

REFERENCES

Hess, E. Stark Lessons From The Dell Fraud Case. Forbes. Oct 2010

Goldman, D. Dell settles fraud charges for $100 million. CNNMoney 2010

SEC Administrative proceedings. 2010. Retrieved online from www.sec.gov/litigation/admin/2010/34-63600.pdf
View Full Essay

Providence Health Care's Background Information Started Legally

Words: 909 Length: 3 Pages Document Type: Essay Paper #: 5525517

Providence Health Care's Background Information

Started legally on March 31, 2000, Providence Health Care is a Canadian nonprofit, faith-based organization operating 15 centers in British Columbia and Vancouver. The organization has a staff of 6000 employees and 1500 volunteers. " This organization mainly serves the residents from Lower Mainland as well as the rest of British Columbia in collaboration with Vancouver Coastal Health, Provincial Health Services and University of British Columbia" (Providence Health Care, 2012). The organization offers care and treatment to patients with Cardio pulmonary, renal, mental complications as well as Aquired immune Dificiency Syndrome (AIDS) and urban health issues such as drug and alcohol related illnesses.

Legal Issues and ecommendations

There are many legal challenges that a health care facility such as Providence can encounter. Violation of the occupational safety and health guidelines and regulation as provided for by the law is one of them. It is the…… [Read More]

References

Ministry of Justice. (2011, December 9). Human Rights Protection. Retrieved March 4, 2012, from www.ag.gov.bc.ca:  http://www.ag.gov.bc.ca/human-rights-protection/ 

Providence Health Care. (2012). Retrieved March 4, 2012, from www.providencehealthcare.org:

http://www.providencehealthcare.org/index.html

The Economist. (1995, July 1). The Future of Unions. The Economist .
View Full Essay

Powers and Rights of the Constitution Institutional

Words: 3017 Length: 10 Pages Document Type: Essay Paper #: 22986735

Powers and ights of the Constitution

INSTITUTIONAL POWE: The Constitution gives the federal government the right to form a military service, including what is now the National Guard (Army National Guard, 2011), though it does so in cooperation with the states and localities to serve their interests as well. This section is important for a number of reasons, including the fact that it reinforces the differences between the state and the federal government without weakening the role of the states to protect and defend themselves. It also helps ensure that the troops and resources are readily available in each locality when urgent issues of various kinds result. They can be used for natural disasters, various forms of social control, helping in other times or need, as well as to address more complicated issues like war and terrorism. This latter issue has become most important recently as localities look to be…… [Read More]

REFERENCES

Army National Guard (2011). Legal basis of the national guard. Viewable at http://www.arng.army.mil/aboutus/history/Pages/ConstitutionalCharteroftheGuard.aspx

Bancuk, L. (n.d.), Right to assemble. Learning to Give. http://learningtogive.org/papers/paper57.html

Crosses of Lafayette (2007). Private website. Viewable at  http://lafayettecrosses.blogspot.com/ .

Cuban Missile Crisis (2011). Viewable at http://en.wikipedia.org/wiki/Cuban_Missile_Crisis.
View Full Essay

Global Cultural Analysis Nigeria

Words: 5263 Length: 16 Pages Document Type: Essay Paper #: 25995575

Global Business Cultural Analysis

Nigeria

Nigerian History

Synopsis of Nigerian government

Nigerian monarchy to presidential system

The evolution of Nigeria from British control to a civilian democratic government

Nigerian major commodities

Oil

Food

The major elements and dimensions of culture in Nigeria

Cultural dimensions

Individualism

Power distance

Masculinity

Uncertainty

Model of culture

Universalism or Particularize

How is the integration of elements and dimensions that Nigerians doing business in the country?

The effects of governments on the prospects for its business around the world

How the elements and dimensions compared with the United States, culture, and business?

The role of women in the workplace

Business visitors must be dressed in an elegant and tie (for men!)

Cross-cultural business transactions between the United States and Nigeria

Conclusion

eferences

Abstract

Thurstan Shaw and Steve Daniels, who are the founder for archaeological research proved in their research that Nigeria has been developed since 9,000…… [Read More]

References

Afolayan, T.E. (2011). Coming To America: The Social and Economic Mobility of African Immigrants in the United States. Inquiry (University of New Hampshire), 6-11. Retrieved from EBSCO host.

http://search.ebscohost.com.ezproxy.liberty.edu:2048/login.aspx?direct=true&db=a9h&AN=60705725&site=ehost-live&scope=site

Alutu, O.E., & Udhawuve, M.L. (2009). Unethical Practices in Nigerian Engineering Industries: Complications for Project Management. Journal of Management in Engineering, 25(1), 40-43. Doi: 10.1061 / (ASCE) 0742-597X (2009)25:1(40)

http://search.ebscohost.com.ezproxy.liberty.edu:2048/login.aspx?direct=true&db=a9h&AN=35745908&site=ehost-live&scope=site
View Full Essay

Urban Political Science

Words: 1740 Length: 6 Pages Document Type: Essay Paper #: 43127570

Urban Political Science: Questions and Answers

MIAMI-DADE EHICS COMMISSION:

Miami-Dade County is seeking a new chief for its ethics board.

What is the primary purpose of this ethics board?

he ethics committee was first enacted to change the Miami home rule charter. It was set up as an committee that has semi-judicial powers and it is independent of all other government offices in the county for the purpose of maintaining its ability to look into the ethical practices of government offices with an unbiased view (Miami Dade.gov).

What issues has the Commission handled that do NO relate to the member of the Board itself?

Since the board is now just conducting the search for a new boss (Hiaasen, 2011) it is not doing any business save that. It has recently worked to create a new ordinance on conflict of interest standard because it has had an issue with the county…… [Read More]

The budget for the entire county is $3 billion, and that has been cut from a previous proposal. The center itself also is going to be operated at an expenditure which was reduced from previous estimates, but specific numbers were not given (Varian, 2011). The articles did say that a community room would cost a group $850 per night which makes it unreasonable for most groups.

4: Was this an appropriate use of government funds? (A: No)

No it was not. The term community center cannot be adequately applied to this center because the entire community will not be able to access it. Also, the cost to tax payers was very high. The people who are supposed to be able to use the center cannot because of the high cost and they cannot afford the taxes
View Full Essay

Adarand v Pena

Words: 635 Length: 2 Pages Document Type: Essay Paper #: 90930990

Adarand v. Pena

Summary of Case:

Federal and State laws allow race-based remedial action at the federal, state and local government levels. The laws are designed to benefit "socially and economically disadvantaged individuals." At the same time, the Fifth and Fourteenth Amendments of the U.S. constitution provide equal protection of the laws for all citizens. In this case, a prime highway contract was awarded in 1989 to Mountain Gravel by the Central Federal Lands Highway Division, who then solicited bids for the guardrail portion of the highway project. A subcontracting compensation clause program awards incentive payment to prime contractors who subcontract with DBEs. In consideration of the additional compensation, Mountain Gravel hired Gonzales, a certified DBE, despite the fact that Adarand submitted the lowest bid. Adarand appealed against the government in the District Court, which granted summary judgment in favor of the government. On appeal, the Tenth Circuit Court affirmed…… [Read More]

Works Cited

Adarand Constructors v. Pena (93-1841), 515 U.S. 200 (1995). Certiorari to the United States court of appeals for the tenth circuit. N.d. Legal Information Institute. May 6, 2003. http://supct.law.cornell.edu/supct/html/93-1841.ZS.html

Gentile, Leslie. GIVING EFFECT TO EQUALPROTECTION: ADARAND

CONSTRUCTORS, INC. V.PENA. n.d. Available online. May 6, 2003.  http://www3.uakron.edu/lawrev/gentile1.html 

Adarand
View Full Essay

Ethics Qs

Words: 367 Length: 1 Pages Document Type: Essay Paper #: 13088174

Legal Ethics

• Are there situations in which a company, for the common good, must give up the economic advantage accorded by intellectual property laws?

During a crisis situation, the common good can trump an intellectual property law. The threat of anthrax was at an all-time high, and though Bayer was producing as much as it could, it could not meet the demand and thus the price for their drug was artificially inflated. Under such circumstances, with a threat that impacts national security, I believe that the common good should come before intellectual property law.

• Should Bayer have followed its own credo more than it seemingly did?

Yes, of course. Although there goal is to maximize profit, it also needs to be a sustainable company. With its past history, sharing its intellectual property in a time of crisis could offer the company much needed intangible assets. The company could…… [Read More]

View Full Essay

Fault An Alternative to the Current Tort-Based

Words: 30263 Length: 70 Pages Document Type: Essay Paper #: 86754711

Fault: An Alternative to the Current Tort-Based System in England and Wales

The United Kingdom

statistics regarding claims

THE NATIONAL HEALTH SYSTEM

OBSTACLES TO DUE PROCESS

THE CASE FOR REFORM

THE REGULATORY ENVIRONMENT

THE RISING COST OF LITIGATION

LORD WOOLF'S REFORMS

MORE COST CONTROLS

THE UNITED STATES

PAUL'S PULLOUT

THE INSURANCE INDUSTRY

TORT REFORM IN AMERICA

FLEEING PHYSICIANS

STATISTICS FOR ERROR, INJURY AND DEATH

THE CALL FOR REFORM IN 2003: A FAMILIAR REFRAIN

THE UNITED STATES SITUATION, IN SUMMARY

NEW ZEALAND CASE STUDIES

THE SWEDISH SCHEME

COMPARISON: WHICH SYSTEM IS BETTER?

FIRST: UNDERLYING DIFFERENCES

TALKING TORT: AMERICAN PECULIARITIES

AMERICANS CONSIDER NO-FAULT

BRITAIN CONSIDERS NO-FAULT

CONCLUSION

Works Cited

Appendix A THE UNITED KINGDOM

INTRODUCTION

At issue is the economic effectiveness of tort law in the common law legal system of England and Wales, as applied to medical and clinical negligence and malpractice cases. In response to economic concerns and a continual…… [Read More]

View Full Essay

Business Law Is Becoming Increasingly

Words: 3500 Length: 12 Pages Document Type: Essay Paper #: 97575878

It in this manner, therefore, that mediation is preferable.

2.3

OLE of MEDIATO in the INDUSTY

Acting as a bridge between the parties, the mediator, arbitrarily, assumes either a purely facilitative role in which he restrains himself from interfering, or serves as an evaluator where he evaluates the nuances of the case and recommends a basis for settlement. However -- and this is where mediation differs from arbitration -- the mediator is limited from mandating a particular outcome which causes the mediation process to manifest itself as inherently non-binding 14.

A creative mediator practices extremely acute listening skills in order to tease out the interests that are most important to each party. To that end, he or she will identify different preferences amongst the parties and design a package where each party receives what it values most and concedes what it values less than the other party.

Focus will be…… [Read More]

REFERENCES

1. SECONDARY SOURCES

1.1 BOOKS

Barclay, T. New Methods of Adjusting International Disputes and the Future London, Constable, 2008.

Boulle, L. Mediation -- Principles, Process, Practice, Chatswood, LexisNexis Butterworths, 2005
View Full Essay

Risk Minimization and Loss Prevention

Words: 16256 Length: 59 Pages Document Type: Essay Paper #: 44399316



Small usiness' Need for a CPA

One of the critical investments a small business can make to mitigate loss and risk is hiring a CPA and putting that CPA on the 'management team.' As Wells notes in his groundbreaking research, "Denise, a bookkeeper for a small trucking firm in irmingham, Alabama, wishes she had never heard of Ralph Summerford, CPA. ecause of his thoroughness, Denise is facing several years in prison for embezzling $550,000 from her employer. At least she will look good standing before the sentencing judge: Denise spent a great deal of her illegal loot on head-to-toe cosmetic surgery. She blew the rest on a shiny new Lexus, luxury vacations, clothing and jewelry. And, of course, Denise had to have a big house to store all of her finery." (Wells, 2003)

Surprisingly, it was not at all the fancy standard of living that made her employer suspicious. "The…… [Read More]

Bibliography

Wells, Joseph. 2003. Protect small business: small companies without adequate internal controls need CPAs to help them minimize fraud risk. Journal of Accountancy.

Small Business Administration. 2005. www.sba.gov.

Federal Reserve Bank. 2004. www.federalreserve.gov.

AICPA. 2005. At www.aicpa.org/antifraud/training/homepage/htm.
View Full Essay

Starbucks financial'statement analysis

Words: 860 Length: 2 Pages Document Type: Essay Paper #: 51020076

Starbucks 2014 Annual Report

Income Statement

Net Revenues

Cost of sales

Gross margin

Store operating expenses

other operating expenses

D & A Exp

G&A Exp

Litigation Charge

#DIV/0!

Total Operating Expenses

Income from Equity Investees

Operating Income

Interest income

Interest Expense

Earnings before taxes

Income tax expenses

Net Earnings

The vertical analysis shows some interesting things. First that the bottom line reveals basically nothing -- the net income in 2013 is entirely a reflection of the litigation charge for a lawsuit the company lost. So to understand the actual trend in the business one needs to look at the other line items.

Top line revenue is increasing at a fairly rapid rate, up 10% in 2014 and almost 12% in 2013. This reveals that Starbucks in this period was in a period of steady, rapid growth. The growth was spread across different business units as well, indicating a healthy broad-based…… [Read More]

View Full Essay

Settlements Good for Business The

Words: 1910 Length: 4 Pages Document Type: Essay Paper #: 68910509

This is one of the telling effects of the settlement which is good for business and overall governance.

eferences

All Academic esearch, the effect of State-endorsed Arbitration Institutions on International

Trade, Paper presented at the annual meeting of the MPSA Annual National Conference, Palmer House Hotel, Hilton, Chicago, IL, 3 April 2008, available at http://www.allacademic.com/meta/p_mla_apa_research_citation/2/6/8/2/0/p268209_index.html;Internet; accessed 11 June 2008.

Buhring-Uhle, Christian; Kirchhoff, Lars; Scherer, Gabriele. Arbitration and Mediation in International Business. Kluwer Law International. 2006. p. 106.

Fells, ay. "Settlement Process or Tactical Opportunity? Mediation in Industrial elations."

Journal of Industrial elations, 41, no. 4 (1999): 594-611.

Morgenson, Gretchen. Good Deal for Merrill. How About Investors?; Settlement May Not

Easily Change a Culture that Created Conflicts. The New York Times,

May 22, 2002. p. A4.

Morrison, William F. The Savvy Negotiator: Building Win-Win elationships.

Westport, CT: Praeger. 2006.

emington, Harold. "Bankruptcy Law and Peaceable Settlements of Business Failures." The Yale…… [Read More]

References

All Academic Research, the effect of State-endorsed Arbitration Institutions on International

Trade, Paper presented at the annual meeting of the MPSA Annual National Conference, Palmer House Hotel, Hilton, Chicago, IL, 3 April 2008, available at http://www.allacademic.com/meta/p_mla_apa_research_citation/2/6/8/2/0/p268209_index.html;Internet; accessed 11 June 2008.

Buhring-Uhle, Christian; Kirchhoff, Lars; Scherer, Gabriele. Arbitration and Mediation in International Business. Kluwer Law International. 2006. p. 106.

Fells, Ray. "Settlement Process or Tactical Opportunity? Mediation in Industrial Relations."