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Stark Law is a legislation that is named after Pete Stark, a United States Congressman who sponsored the initial bill on three different provisions. Generally, this legislation is also known as the physician self-referral law as it emanates from Section 1877 of the Social Security Act (the Act). The law is an amendment to the Social Security Act that forbids physicians involved in a self-referral when referring patients to seek for certain services elsewhere. Self-referral by physicians can be described as the practice of these health professionals to refer patients to a medical facility where they have investments, financial interest, structured compensation plans, and ownership.
Description and Purpose of the Law:
As an important legislation, the Stark Law is a piece of regulations that basically governs three separate provisions. The three separate provisions basically entail self-referrals, Medicare claims, and regulatory exceptions for financial relationships. Under self-referrals, the Stark Law forbids…… [Read More]
Stark Laws Case Study
The Stark Laws are three separate provisions that govern physician self-referral for Medicare and Medicaid patients, named after U.S. Congressman Pete Stark who first sponsored the legislation in the early 1990s. The idea for the laws came into place because of the practice of physician self-referral, or the practice of a doctor referring a patient to a medical organization in which they had some sort of financial interest. Critics of this practice believed that there was an inherent conflict of interest, not to mention a fiscal benefit to the physician, which might encourage over testing, use of procedures that might be more expensive than the market could bear, and/or because of the captive audience (the patient) provide undue pressure to use only those physician recommended providers and services (Law 2011).
Definition of the Issue- A group of physicians and medical professionals formed a new medical group…… [Read More]
State v. Stark (1992)
Mr. Stark was the defendant in this case which concerned her action of infecting three women with HIV sexually. He tested positive for HIV, which was then confirmed twice by doing two other independent tests. As an ordinary procedure, Stark was taken through counseling sessions to make him aware of the risk involved in handling HIV. He was informed about the risk of the disease spreading and the importance of making his partner aware before having any sexual escapades with her. However, he disregarded this advice and this came to the knowledge of the county health officer who sought a cease and desist order as allowed by the state statute. Stark did not comply. The officer then asked for judicial enforcement and later filed a police report about the matter.
The police obtained evidence in form of testimony from the three victims who confirmed that they…… [Read More]
Do laws serve to help the masses or do they serve the "propertied and privileged few?" (Heywood 152) This question is thrown into stark relief, given the recent Kobe Bryant Scandal regarding the accuser's allegations that the NBA superstar raped her. (CNN.com, 2003)
Theorists and Sociological concepts
On one hand, it could be argued that the privileges of the wealth and fame offered by Bryant's status gave him added media protection. However, it could also be alleged that in a rape trial, given the seriousness of the offense, one cannot presume a defendant's guilt. Although societal prejudices may condemn the women's sexual behavior or mental instability, in the past American history of justice, Black African-American males have frequently and falsely been accused of violating white women as means of "keeping them in their place." Thus, the "bifurcated consciousness," or a polarized identity kept in place by the absolutism…… [Read More]
ules of Law
It was January 23, 1973 and before the world knew, oe v. Wade would change the laws surrounding the issue of abortion eternally. The decision and choice to terminate a pregnancy was illegal in Texas at the time, which was then challenged by the pregnant Jane oe. She wanted to end her gestation in a safe and licit manner, and coincidentally the Supreme Court agreed in her favor. The ruling was the first time the court recognized the right to privacy incorporated a female's right, should she choose, an option to end her pregnancy or not. This landmark case not only validated and legalized the right to an abortion, but it interdicted prior laws regarding the act. Previously, abortion was only permissible when a woman's life was in danger and was necessary to save her life. Furthermore, the act of termination was acceptable if the female was…… [Read More]
Militarization of Police
The 21st century has provided in a very short time, major changes to the way society interacts and operates. Governmental structures and institutional principles have also greatly swayed in recent decades. It is apparent that the world is drastically changing and evolving into a new form of culture and society that presents many problems and issues, especially in cases of the law and law enforcement.
The law is changing rapidly and the requirements that are placed on law enforcement professionals in this extremely turbulent time in history have grown and expanded to many different areas of responsibility. Terrorisms and the threat of massive societal upheaval are potential threats to the current and accepted way of life and the burden to protect society from these threats often falls I the hands of law enforcement professionals.
The purpose of this essay is to explain the gradual and sustained militarization…… [Read More]
International Energy Law
International Energy Arbitration
This paper will examine the role of arbitration in the international energy sector over the past 50 years. Discussion is organized around the five decades leading up to the current state of affairs in the international energy sector. In each section, major arbitrations are identified and tied to the categorical intention of arbitrations of that period. For instance, arbitration awards that occurred during a period of substantive concession agreements -- termed the first generation of concession agreements by Kosheri (n.d.) -- include the Abu Dhabi award of 1951, the Qatar award of 1953, and the Aramco award of 1958.
The next period, which occurred roughly in the 1960s and 1970s, was characterized by arbitration awards that evidenced a climate of confrontation, during which host nations took the position of abstaining from participation in arbitration proceedings. These nations were unilaterally interested in bringing the earlier…… [Read More]
population of California underwent dramatic changes in the last 60 years. In the 1940s, the Latinos were a minority of only 6% of the state or roughly 374,000 (autista 1991). ut by 1980, the Latino population grew to 4 million, almost doubling the figure and increased to more than 7 million in the 90s. In the 2000s, Latinos accounted for a third of California's total population, creating huge political, economic and social impact upon its entire society (autista). esides sheer volume, the continuously increasing Latino population has developed the distinct feature. efore the 60s, immigrants were rare and less than 20% of these Latinos were foreign born, most of them from Northern Mexico. Immigration, however began to fill the ranks since the 80s so that, today, the majority of adult Latinos in California are immigrants. These developments are among the most important criteria to social and demographic policy makers in…… [Read More]
Principles and Theories
Stark (2004) discussed the transformational elements present in the state of leadership in his article. This article attempted to strike a balance by understanding leadership as more of a state of mind than a state of action. Five major conclusions were highlighted in this reading. The first suggests that strong and positive organizations are direct reflections of the collective state of the workers of that organization. The next suggests that leadership is not related to power and is a state of being. The third conclusion the author discussed that the fundamental state of leadership is results driven. The fourth conclusion mandated that leaders need to experience deep and serious change to enter a state of fundamental leadership. The fifth conclusion suggested that change is contingent upon the leadership's ability to accept and engage in change.
Lawler & n Golden's (2003) article embraced the idea of…… [Read More]
civilized societies develop rules and laws that its members are expected to follow. The rules are in place for the purpose of cohesive living among the community and for the most part they have a positive impact on the society that they govern. In this scenario the rules and laws are not followed and in fact are completely disobeyed, yet the person who violates the societal norm not only gets away with it, but he is rewarded for his actions by being elected as a leader and ruling in power for the remainder of his life. Two well-known philosophers bring to light some understanding about how this could have happened.
In the scenario a man named John murders a mean and ruthless person who has lied and cheated his way to the top. The victim is so rich that others in the community are forced to go hungry while he…… [Read More]
Medicare and Medicaid Services (CMS), previously the Health Care Financing Administration (HCFA), that by the time 2011, health care expenditure will arrive at $2.8 trillion, as well as it will bill for 17% of the Gross Domestic Product. As a result, it is no revelation that white-collar offenders observe health care deception as a rewarding effort. Certainly, the General Accounting Office ("GAO") quotes that such deception accounts for up to 10% of entire health care expense (3).
As health care deception outlays taxpayers almost $100 billion a year, federal, as well as state agencies have given health care fraud tribunal a key center of attention. All through her term, Attorney General Janet Reno made impeaching health care fraud a top precedence at the Department of Justice ("DOJ"), subsequent only to brutal offenses (3).
The government focuses its pains to perceive, as well as take legal action against health care fraud…… [Read More]
Feldstein from Arizona. When the hospital was purchased by another company, they canceled the contract with Feldstein claiming that the actions that were taken were illegal. In the case, the court sided with Feldstein saying that a host of hospitals will use a variety of incentives to attract doctors. Under the Stark Law (which prohibits doctors and hospitals from making self referrals) they found that the health care facility did not violate any provision. (Stark Law 2010) However, the transaction was considered to be questionable, because of the unique arrangement that Feldstein and the hospital had about the referrals of patients. As a result, the decision would outline a number of different principals including: illegal activity arguments can be made by either party, recruiting arrangements based on referrals are in violation of federal law, hospitals need to carefully scrutinize recruiting agreements and they should develop strategies to protect themselves against…… [Read More]
Healthcare: Clinical Integration
What is clinical integration
History of clinical integration
Goals of clinical integration
Importance of clinical integration
New payment models
Barriers to clinical integration
Lack of practitioner alignment
Lack of interoperability
How to achieve success in clinical integration
The future of health care systems
Physician acquisitions vs. clinical integration
HIEs -- solution to clinical integration?
Policy makers are beginning to appreciate the fact that only systemic change can effectively change, for the better, the manner of health care delivery in the U.S.; and that anything less would only alter the system's edges - with little or no substantial effect on cost-control, innovation-promotion, effectiveness of reward incentive schemes, coordination and coverage (AHA, 2010). Clinical integration has been found to be crucial to the change needed for the achievement of the aforementioned goals (AHA, 2010). Despite…… [Read More]
Bed -Profit Health Care Organization
A detailed organizational chart for your new facility
Each and every department of the hospital is responsible for performing certain type of assigned tasks but still departments are grouped together according to the similarity of tasks. Grouping of the departments also aim to provide health care facility with more efficiency. For this hospital the following are the organizational policies:
Services related to administration; which includes business people who are involved in the running of the business.
Informational services; which includes documentation and processing of information.
Therapeutic service; under which treatment is provided to the customers.
Diagnostic Services; these are the services under which the illness is identified.
Support services; these can also be referred as environmental services, which provide support to the entire hospital.
A mission, vision, and values statement for the new entity
The aim of this Healthcare facility is to provide their people…… [Read More]
Technology Integration Poses New Ethical Dilemmas for Healthcare
Imagine studying the effects of globalization on healthcare. What would one find from his or her research? Is there a possibility that policies need changed? How does this affect one's licensure? One will study in depth this trend and find ways to solve the issues that arise before it is too late.
Within the United States, "globalization of healthcare encompasses both exporting patients (medical tourism) and importing medical services (outsourcing)" (Herrick, 2007). This makes competition increase, which means that what happens in the U.S. could rival that of Japan; consequently, healthcare would have to improve their quality and provide patients with more choices (Herrick, 2007). Whatever the case, many tasks are getting outsourced to those in foreign countries (Herrick, 2007). This includes "long-distance collaboration-incorporating the services of foreign medical staff into the practice of American medical provides" (Herrick, 2007). One has to…… [Read More]
Healthcare Law -- Ethics & Policy
Memo to ABC Hospital Board of Directors: How to develop strategies to help mitigate abuse and fraud within our organization by understanding fraud and abuse issues.
The Department of Health and Human Services has provided a great deal of good information for healthcare professionals and the public in terms of ways to avoid and/or deal with fraud and abuse. This document reflects the ways in which this hospital can be on the lookout for fraud and abuse when it comes to Medicare. This document will also explain the difference between fraud and abuse in the Medicare system.
Typically Medicare fraud means a person in this hospital -- or a doctor affiliated with this hospital contractually -- would knowingly submit false statements or somehow misrepresent what his or her services actually were, in an attempt to cheat the federal government. Also a healthcare…… [Read More]
Supreme Court Chief Justices Warren and ehnquist
Compare and contrast approaches to criminal procedures by U.S. Supreme Courts:
The Warren vs. The ehnquist Court
A common philosophical debate within the legal community is when the approach advocated by so-called 'conservative' justices (often called strict constructionism) is pitted against more 'liberal' and freer interpretations of constitutional words and history. Throughout much of the 20th century, it was often said that the more liberal interpreters of the Constitution were 'winning the war' in regards to this issue, thanks to the presiding intelligence of Chief Justice Earl Warren. "Following his appointment in 1953 Chief Justice Earl Warren led the Court into a series of decisions that drastically affected sexual freedom, the rights of criminals, the practice of religion, civil rights, and the structure of political representation. The decisions of the Warren Court reflected its deep concern for the individual, no matter how lowly"…… [Read More]
Neighboring countries, the United States and Canada, have legal systems with many similarities, yet some stark differences. Both abide by a Constitution, which enables all of the other systems of governments. Both have specifically protected civil rights and civil liberties inherent of today's modern day democracies. However, these countries differ greatly in terms of "specific" legal structure. hile the United States employs a system known as "federalism," Canada relies on the traditional "common law," which dates back to times before the founding of the country.
The Constitution of the United States was written with the principle of a strong central government and the preservation of states' rights. The founders believed that absolute power should not be reserved strictly for either bodies of government, but rather split between the two. The federal government of the United States has the power to make laws concerning domestic policies in all of the states,…… [Read More]
International Crime Rates
International Crime Rates: Germany, France, and Kingdom of Saudi Arabia & the United States of America
The legal systems in the United States, Germany, France, and Saudi Arabia are different due to the differences in the U.S. crime rate and due as well to the differences in the Criminal Justice systems of Germany, France and Saudi Arabia. What factors can be said to cause the difference in crime rates? Does the integration of culture and religion in Saudi Arabia really result in reduced crime rates?
The basic of structure in court systems throughout the world or the universal structure is characterized by courts being divided by lower, mid, and higher levels of courts. There are evident and not so evident differences and variations with this basic structure of organization. There are four types of criminal justice structures of organization. Those are:
Common law…… [Read More]
educing Youth Firearm Injuries and Suicides
Community Collaboration -- Gun Laws
In 2012, 9-year-old Maximos Herbert discovered a loaded and unlocked gun underneath his father's bed and a few minutes later an accidental gunshot wound to the head ended his life (Brindley, 2013). According to the prosecutor who charged Mr. Herbert with negligent storage of firearms, parents involved in such incidents are so traumatized by the death or injury of their child that rarely are they prosecuted or serve time. Yet parents continue to store loaded and unlocked guns in their homes. To make matters worse the National ifle Association (NAs) continues to promote gun ownership among 5- to 12-year-olds with similarly tragic results (DeFilippis & Hughes, 2014). In Kentucky, 2-year-old Caroline Starks was fatally shot by her 5-year-old brother minutes after he received a .22 caliber rifle for his birthday. The mother, believing the rifle was unloaded, had left…… [Read More]
The district courts hear cases first, if the case is of federal jurisdiction. If a party decides to appeal a ruling, it goes to an appellate court. The appellate court will not hear a case that has not already passed through the district court. Moreover, when it does hear a case it does not re-try the case on its merits, but merely seeks to see if there was an error in the rule of law in the district court's hearing of and decision on the case. The Supreme Court is also an appellate court, but instead of the case being heard by one judge, the case is heard by all of the Supreme Court justices. They each vote on the issue, with majority rule guiding the decision. This stands in stark contrast to the other courts, which function with one judge
The Supreme Court is also different from the other…… [Read More]
Nelson Mandela: A man of courage, loyalty and patience
Nelson Mandela spent much of his adult life in prison yet he emerged from confinement not embittered and angry, but peaceful and determined to make a new, more equitable society. He was selflessly willing to forgive his captors if this was necessary to move forward and to bridge the divides between the warring factions present in his country. In the face of incredible odds, he negotiated peace and an end to white majority rule. Through his example of dignity and his forceful articulation of principles, even when behind bars in a society that was determined to oppress him, he was able to win the world to his side. South Africa became an international pariah thanks to Mandela's peaceful but constant advocacy, until it ended its oppressive system of apartheid.
I hope to similarly know when to act as a conciliator as…… [Read More]
eimbursement barriers and issues that hinder or prevent Advanced Practice Nurses (APNs): What are steps APNs must take to increase the likelihood for reimbursement?
'An ounce of prevention is worth a pound of cure.' In addition to the stresses and the difficulties experienced by nurses in treating patients, getting reimbursed as a nurse practitioner can be an additional challenge. Taking defensive mechanisms to ensure payment is essential for APNs when navigating the thorny path of the medical insurance bureaucracy.
Government insurance programs like Medicare and Medicaid usually have fairly standardized policies for reimbursement for physician services performed by nurse practitioners. However, different private health plans often vary considerably, and it is essential that the APN understands what type of plan she is dealing with before embarking upon treatment. Even when dealing with Medicare, the nurse must remember that Medicare reimbursement only occurs when there is a collaborative agreement with a…… [Read More]
Affordable Care Act
What is the ACA?
The 2010 Affordable Care Act or the PPACA (Patient Protection and Affordable Care Act - H3590), nicknamed Obamacare, is the latest American healthcare reform legislation. The PPACA encompasses the Patient Protection Act, the Affordable Health Care for America Act, and portions of the Student Aid and Fiscal esponsibility Act and Health Care and Education econciliation Act, connected with health care. Additionally, it encompasses revisions to the Food, Drug and Cosmetics Act, Health and Public Services Act, and other legislations. Further regulations and rules have served to expand upon the ACA since its enactment in March 2010 (Affordable Care Act Summary). Summaries of the act have been updated as and when changes were effected.
The 2010 ACA represents an extensive, elaborate law which is designed to transform the U.S. healthcare system, through the provision of quality healthcare coverage within the means of nearly all…… [Read More]
Outsourcing and offshoring are two means by which a business can reduce its costs, and these tactics can also have strategic advantages as well. However, they also typically come at a cost, in particular to workers in industrialized nations. Offshoring in particular has become a political issue as well, cited as a reason for the decline of the middle class. This paper will look at these related issues through a number of different ethical lenses.
Outsourcing is the process of hiring a third party firm to perform tasks that were once performed in-house. Offshoring is the moving of a business function to another country. The processes that are driving globalization -- the regionalization of production, trade agreements, dramatically improved global communication networks -- have also led to increase in offshoring in particular. Outsourcing's growth is similarly related. Many business functions are so routine that there is no need for in-house…… [Read More]
The Enron/Arthur Andersen affair was perhaps the worst business and accounting scandal in the history of the United States. Indeed, Enron was engaging in a massive amount of malfeasance at all levels of the organization while Arthur Andersen, who was supposed to be an ethical and impartial third party, was at least partially in on the fraud. The circumstances were major as the power brokers for both firms paid dearly and many of the top Enron executives were convicted of crimes for their part in the fraud. Kenneth Lay only escaped sentencing because he died before the sentence could be announced. This report shall focus on some of the legal cases that happened in the aftermath of Enron including the obstruction of justice charges against Arthur Andersen and an appeal by Jeffrey Skilling, one of the convicted Enron executives. While the overall guilt of the parties involved were…… [Read More]
(Eljamal; Stark; Arnold; Sharp, 1999)
To conclude, it be said that if we will not be able to master imparting the capability to think in a developed form, our profession, as well as perhaps our world, would be influenced and taken over by someone who would be able to outsmart us to find it out. We would in that case not only remain thinking as to what happened but would also not have the skills required to provide answers to our own question.
Braun, N.M. (2004, March/April) Critical thinking in the business curriculum. Journal of Education for Business, 79(4). etrieved from ProQuest database on February 20, 2007.
Carroll-Johnson, .M. (2001, April - June). Learning to think. Nursing Diagnosis, 12(2).
etrieved from Thomson Gale database on February 14, 2007.
Cheung, C., udowicz, E., Kwan, a.S.F., & Yue, X.D. (2002, December). Assessing university students general and specific critical thinking. College Student…… [Read More]
Limited partnership limited partners have shares of ownership however, they do not take part to manage the partnership. They are neither liable for the amount which are greater than what they had invested in partnership. It contrasts to the general partners who play roles in daily operations of partnership, and are personally responsible for any liabilities of partnership. This paper therefore compares and contrasts the risks and benefits of being in a limited partnership in regards to corporate and partnership law.
In limited partnership, there tends to be some benefits or risks that a limited partner might face. One of the benefits of limited partnership for a limited partner is that, it is easier for the limited partnership to attract their investors since the capital that they invest in businesses is the liability for a limited partner. Limited partners on the other hand, benefits from the general partners by focusing…… [Read More]
Aquinas and Descartes
The discourse on the relationship between mind and matter and between human being and nature has been a pervasive theme throughout the history of Western philosophy. The philosophical views of Thomas Aquinas and Rene Descartes represent diametrically opposed aspects of this problem.
From Aristotle, Aquinas derived the concept of matter, not as an inert subject but having the potential to attain form. Aquinas does recognize the distinction between form and matter and stated that all physical creations have these two aspects. However, matter is not something separate and distinct but has the potentiality for actualization. In his commentary on Aristotle's De Anima he stated that, "Matter is that which is not as such a 'particular thing,' but is in mere potency to become a 'particular thing. " (K. Foster et al. 215)
In order to understand the often complex issue of Aquinas and the relationship between humanity…… [Read More]
Authors Donald Lively and ussell Weaver describe Hustler Magazine as Falwell's "antagonist (p. 79)," no doubt representing for Falwell abuses of our Constitutional freedoms.
"In 1983, Hustler Magazine decided to parody Falwell using a Campari Liqueur advertisement. The actual Campari ads portrayed interviews with various celebrities about their 'first times.' Although the advertisement actually focused on the first time that the celebrities had sampled Campari, the ads portrayed the double entendre of the first time that the interviewees had engaged in sex. Hustler mimicked the Campari format and created a fictional interview with Falwell in which he stated that his 'first time' was during a drunken incestuous rendezvous with his mother in an outhouse (p. 79)."
The Oregon Commentator, May, 2007
There is probably no limit to the outrage that was felt by Falwell, and by his support base, both of which would have been offended, first, by using Falwell…… [Read More]
The reason for this shortfall, as noted by the Balance Budget website, emanates from pension costs, previously agreed to cost of living pay increases, rising health care costs overall and a general weakness in the overall economic recovery that has ensued, albeit very slowly, since the end of the so-called "Great ecession" period that ended in approximately 2009 for the nation as a whole. The balance budget website notes that the shortfall in question is equivalent to 20% of the total police officer salary budget, 60% of the total firefighter budget and over 100% of the city's expenses for their libraries and parks (L.A. Budget Challenge, 2013).
Los Angeles Mayor Antonio Villaraigosa, in this budget summary document, notes that budget shortfalls will be addressed through expenditure cuts and increase efficiency. He makes mention of "painful" layoffs but not addressing the real problem of employee-level costs per person being the issue…… [Read More]
Dierct Air - Management & Marketing Mistakes
The following case study employs the array of industry metrics discussed above to determine major factors that contributed to Direct Airways filing for Chapter 11 bankruptcy during the time period from 2007-212. This time period was chosen because SEC filings at that time available, providing valuable insight into the stark differences between the two airlines. Direct Airways was a major U.S. carrier that was founded in 2001 and operated for 7 years until it fell into bankruptcy in 2001. This terminated an unrestrained years for Direct Airways, which filed for Chapter 11 bankruptcy last year of 2012 (Jayanti).
I understood that already the subject of a federal investigation by transportation regulators, the outdated charter service Direct Air long ago would soon may be facing a far-reaching investigation of its finances by the bankruptcy trustee (Bomkamp). The lawyer governing Direct Air's bankruptcy went ahead…… [Read More]
Downside of Affirmative Action
Affirmative action has increasingly become a popular subject of debate. Not only does the phrase "affirmative action" mean different things to different people, but also there are different arguments for and against it. While many people tout the benefits of affirmative action programs, they have acted as a stumbling block for minorities and have essentially created a starker disparity in the struggle for equal opportunity between white people and other minority groups.
enefits of Affirmative Action
Affirmative action (AA) refers to the social practice in which members of historically disadvantaged groups are given preferential treatment in an attempt by the United States to compensate for any harm that was caused to their ancestors in the past (Crock, 1995). For example, African-Americans receive special benefits because of the U.S. history of slavery.
President Lyndon . Johnson originally created affirmative action programs in 1965 to correct discrimination that…… [Read More]
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,…… [Read More]
Before discussing crimes regarding sexuality, it is important to distinguish between those laws that are currently enforced and those that are not being actively enforced. For example, there are some laws that still punish engaging in consensual homosexual behavior, certain consensual sexual acts committed in privacy between adults in non-commercial transactions, or the use of sexual aids. While these laws exist, the fact is that there simply is not a push towards the investigation, prosecution, or punishment of these crimes. On the contrary, even challenges to the constitutionality of these laws often only arise after those who oppose such laws have arranged for an arrest and prosecution. Therefore, it is improper to consider this category of crime in a discussion of overcriminalization.
However, law enforcement, prosecution, and the judiciary do expend a tremendous amount of energy targeting commercial sexual transactions. Opponents of this cite the fact that many of those…… [Read More]
European Union has adopted an aggressive position relative to the area of employment law. Although the primary goal of the Union is to promote the economic relationship between member states, there is a social dimension to the Union activities that demands that it involve itself in collateral matters that might impact on this goal (Sparrow, 2009). Employment law is one of those collateral matters and the goal is to maintain a high level of employment throughout the Union and to improve the living conditions of all workers. The hope of the Union was that the working conditions of the workers would be enhanced in the process (Kenner, 2002).
The approach taken by the Union was to adopt legislation that would be enforceable throughout its member states. This legislation would establish minimum standards governing working and employment conditions. As one of the basic social rights of the European Union was to…… [Read More]
aker reviewed three landmark Supreme Court decisions on capital punishment and concluded that the death penalty is capriciously imposed on lack defendants and thus serves the extra-legal function of preserving majority group interests. He viewed discrimination in capital sentencing as deliberate and identified the primary reasons why lack defendants with white victims have been denied fairness in capital sentencing. These are prosecutorial discretion in the selective prosecution of capital cases, prosecutorial misuse of peremptory challenges to systematically exclude lacks from juries, judicial overrides by trial judges, prosecutorial misconduct and the ineffective assistance by defense counsel (Emmelman).
Helen Taylor Greene used a colonial model to explore the effectiveness and limitations placed on the police in the past and in the present (Emmelman, 2005). This colonial model showed that the police, regardless of color, were an oppressive force in many communities. Lately, lack political empowerment and ascendancy in many law enforcement departments…… [Read More]
By connecting the awarding of a peace prize with the concerns of a world in which terrorism has become a constant threat, Obama makes clear the exigency of his message when he says: "I do not bring with me today a definitive solution to the problems of war."
Nobel laureates are given few formal constraints in terms of their responses but Obama faced the more general constraints of trying to meet very high expectations and the conflicting expectations of the peoples of different nations. I believe that he did a good -- though not perfect -- job in meeting these differing expectations, and so crafted a speech that served as a fitting response to the occasion.
Whether or not one believes that Obama achieved the Aristotelian concept of ethos -- the ability to make a credible ethical appeal -- depends probably more on one's own politics than the speech itself.…… [Read More]
Lincoln's Speech Compared
The Evolution of Lincoln's Thought in His Speeches
Abraham Lincoln is one of the most celebrated and popular Presidents in the history of the United States. Lincoln presided over the Presidency at a difficult time for the country, when the unity of the nation was at stake and the question of slavery deeply polarized the society into two. Lincoln was able to preserve the Union, but at a great cost which made him as controversial as he was popular. But it is uncontroversial among his contemporaries and the readers of his speeches today that the sixteenth President of the United States was a great orator, able to address a broad range of audience: rich and poor, literate and illiterate, freemen and slaves; and he possessed a rare skill of persuasion. Lincoln was able to address a divided nation with great care and measurement. He was reserved when…… [Read More]
The historical context of this document (a verbatim transcript of governor Ross Barnett) perfectly reflects the resistance that southern states put up in order to avoid integrating schools -- in this case, the University of Mississippi -- because Jim Crow laws were still in effect in southern states like Mississippi and Alabama. The earlier context to this document is the iconic Supreme Court case, Brown vs. Board of Education, which officially meant that all schools should be integrated and that segregation in education ("separate but equal") was unconstitutional. However, southern states ignored this Supreme Court decision and kept schools segregated because racism against African-Americans was part of the culture and the beginning of the Civil Rights Movement did not change the minds of bigoted politicians. Black folks were considered to be less worthy than white folks in many places and in many instances.
Content -- Document
There…… [Read More]
Locke v. Berkeley
The philosophers John Locke and George Berkeley offer stark contrasts on the issue of various matters. Locke's whose viewpoint can best be classified as based in relativism. He believed that all knowledge come from the senses. As every man's senses are unique, no two individuals will sense the same experience the same and, therefore, all knowledge is different in each individual. By extension, there is no such thing as better beliefs or true beliefs. Everyone's beliefs are their own and based on their individual experience. George Berkeley's viewpoints offer a sharp contrast to those of Locke. In fact, their individual careers ran concurrently and they spent most of that time being contrasted and possessing viewpoints that were diametrically opposed. Berkeley's was an empiricist but one who also possessed a certain idealist twist. Berkeley viewed experience as the source of most knowledge. According to Berkeley's form of empiricism,…… [Read More]
The new Canadian Constitution of 1982 replaced the Bill of ights with the Canadian Charter of ights and Freedoms. The Charter of ights and Freedoms provides the fundamental and immutable rights such as democratic rights, mobility rights, legal rights, language rights, equality rights, and minority language rights, as well as specific freedoms like freedom of religion and thought. However, the Charter includes one of the most controversial elements in the entire new Constitution of Canada, the Notwithstanding Clause in Section 33. Section 33 was included in the Charter specifically because the provinces feared an imbalance of power away from elected officials toward the appointed officials in the judiciary. After all, any law passed by any government -- whether provincial or federal -- could be held up to legal scrutiny by the courts. The courts could then negate laws passed by provincial legislatures at will, thereby weakening the legislative branch.…… [Read More]
A lot gets lost in the current debates over immigration in the United States. When we regurgitate what we hear on the news or on Facebook, we fail to think deeply or critically about the issues. This nation is a settler nation; of that there is no doubt. European settlers displaced, forcibly removed, betrayed, and in many cases killed indigenous people whose land this was for centuries before.
Those same Europeans cultivated a sense of entitlement to these lands, pushing farther and farther west until they hit yet another ocean. And they did not even stop there. They pressed onwards, eventually taking over the Polynesian kingdom of Hawaii. During the era of Manifest Destiny, Americans also encroached upon and had war with Mexico, and it would appear that many Americans have forgotten that much of our southwestern lands were once Mexican territories too. This is reality. This is history.…… [Read More]
The fair / unfair distribution of school resources. In 2000, the ACLU filed suit (Williams et al. v. State of California et al.), claiming that the obligation of the state to provide all students with "basic educational necessities" was not fulfilled. One million of California's students are deprived of educational basics, such as qualified teachers, decent school facilities, and appropriate textbooks.
An important part of these problems are caused by the inadequacy of the school system funding in the state. Others are problems to be solved by individual school districts, since they are seen as a local management problem.
The new concept behind the reform of school finance of California is the "weighted student formula" or "student-based budgeting," which is believed to be a way to a more equitable and effective school funding system. Still, skeptics doubt that it the concept is applicable to California's 9,000 schools serving 6 million…… [Read More]
As the company's Web site points out, "We recognize our continued success depends on our ability to attract, develop and retain a highly competent workforce and on the creative, effective and productive use of human resources. Therefore, Continental is committed to a work environment that provides equal employment opportunity" (Diversity and inclusion, 2010, para. 30). The company's stated diversity policy is as follows:
1. Continental affords equal opportunity for employment to all qualified individuals, regardless of age, citizenship, color, disability, gender, national origin, race, religion, sexual orientation, gender identity, genetic information, or veteran status.
2. Continental makes all personnel decisions, such as compensation, benefits, transfers, layoffs, returns from layoff, opportunities for company-sponsored training, education, and other programs without regard to age, citizenship, color, disability, gender, national origin, race, religion, sexual orientation, gender identity, genetic information, or veteran status.
3. As part of its continued commitment to equal employment opportunity, Continental…… [Read More]
Justice: The History of 'rown v. oard of Education' and lack America's Struggle for Equality," by Richard Kluger. Specifically, it will discuss what three issues/events/or people contained in the book were the most significant. Many events led up to the monumental Supreme Court decision that led to desegregation of America's schools. ringing the issue to the courts involved brave men and women, a hope and need to alter history, and the people's need for racial equality.
Simple Justice" recounts the story of the landmark rown v. The oard of Education case in heard in Topeka Kansas, which, simply stated, created non-segregated education in America. The author wrote the book so the nation could take a look at how to "exploit its inner resources," and work through the continuing and continual problem of racial segregation. "Material values in themselves, in short, can neither explain nor sustain the American achievement:…… [Read More]
While the "quality and the craftsmanship [of Tiffany & Co.'s products] must stand the test of time," the conscience of a socially responsible attitude towards its products becomes an even more important element in order to make the customers appreciate the true value of its offer.
The added value of an "industry leader" approach concerning the social responsibility issues involved by the industry is also a desired course of action, as it brings positive effects on the environment and the fulfillment of ethical promises by the company, its ambassadorship within the industry brings even greater environmental benefits, through a stronger alliance to lobby and fight for the environment.
From a business point-of-view, it brings Tiffany's a differentiation point, giving it a competitive advantage in front of its competitors, something that just working with price, placement, promotion and products (marketing mix elements) can not entirely achieve.
This brings us to the…… [Read More]
Collaboration among researchers in multiple disciplines is the essence of interdisciplinarity and entails the collective conception, development, and pursuit of a research problem (Simon et al., 757). Doing this effectively requires time to develop a common language, resolve epistemological differences, and define research expectations. It is important that interdisciplinarians have a solid sense of their own strengths and areas for improvement in order to maximum their work in the field. Augsburg offers 21 salient traits that all interdisciplinarians should consider.
Traits I Possess:
eliability -- This trait is rooted in the quality of trustworthiness, accountability, and integrity; the mark of a constant or known variable. I would further define reliability as being available and possessing the tenacity to see even the most difficult task through to fruition. I often encounter the need for this when I find myself addressing projects with limited resources and tight deadlines.
2. Preference for…… [Read More]
How can we expect our children to learn how to think critically if we do not teach them about sex?
Cheers to The Dallas News for pointing out the woeful inconsistencies and shortcomings in Texan state education. The majority of Texas school districts "either teach an abstinence-only health curriculum or avoid talking about sex altogether" and the result? Texas has one of the highest rates of teen pregnancy in the nation. When evidence proves that our methods are not working, it is time to change them. Some teens are blessed with parents who make up for their state's lack of sex education programs. Unfortunately, many Texan teens remain ignorant at the behest of irresponsible parents. If withholding medical treatment for minors is against the law, then so too should withholding access to information about safe sex.
Finally, I would like to add that young people have a right to information:…… [Read More]
A fourth foundational element is the strength of the Starbucks brand itself and is ubiquity globally. As a result of rapid and well-defined strategies for opening up retail stores, Starbucks is now considered one of the most preeminent and strongest brands globally.
Starbucks has generated the strength of their brand through combining high-quality coffee and tea beverages with the third-place concept to generate customer loyalty and world-of-mouth among customers and their friends. It is common to hear students mention they will have a team meeting at the local Starbucks, for studying or completing projects.
In summary the Starbucks model is strengthened by the company's coffee expertise, impressive new product development record, and the development of Starbucks locations as "third places" where friends can meet and enjoy coffee and pastries. Underscoring all these points is the strength of the Starbucks brand.
What were the key issues and the decision by Starbucks…… [Read More]
That is to say that relationships are considered above and beyond medical reasoning. "Futility would not be measured by the medical effect on the patient but by the effect on social relationships" (2000, p. 140). This means that even if a physician were to believe from his or her educated medical perspective that treatment would not prolong life or have any impact on integrated functioning, there is still a purpose in treatment in that it services relationships.
The case of Baby K. was quite controversial and the court's judgment was equally as controversial as they held that it was not within their realm or that it was way beyond the scope of their judicial duties or function to consider the moral decorum of whether or not an emergency room should offer emergency care to sustain life in infants with anencephaly. There are several implications in the case of Baby K,…… [Read More]
The narration of Hope Leslie also offers some other insights into the radical nature of the novel. Sedgwick's personal experiences in her home town as well as in New England and Massachusetts helps to add to the realism and beauty of her own descriptions of these very same places within the novel. However, Sedgwick uses these beautiful, serene, and sometimes melancholy characterizations of the landscape to both enhance the novel's themes and underscore the interactions of the many characters as well as literary devices of their own accord (Schweitzer, 100). One excellent example of this is during Everell's captivity, where Sedgwick uses the vivid and sometimes philosophical landscapes as an integral part of the dramatic action that takes place.
In this way, Sedgwick is one of the first novelists to use this sort of technique in a way that both highlights the natural surroundings in the story and how these…… [Read More]
"So excellent a king, that was to this Hyperion to a satyr" (Shakespeare, illiam) is a Shakespearian juxtaposition used to compare Old Hamlet with Claudius. Hamlet alludes to Hyperion, the God of Light who represents not only honor and virtue, but also nobility, which are all traits Hamlet saw in his own father. The half-human, half-beast satyr creature represents hedonism and excess, similar to the way Hamlet regards Claudius. Finally he compares the two men as Hercules to himself, a mortal man. He truly believes that Claudius does not represent his mother's best intentions and that he could never live up to his father's image and character.
To Hamlet, Claudius represents the fall of his mother. He says, "She married. O, most wicked speed, to post with such dexterity to incestuous sheets!" (Shakespeare, illiam) He sees Claudius as an impure tempter, and believes that his mother lost her purity in…… [Read More]
Kyin is aware of the boundaries that exist but he is determined to overcome them. His ambition to become a member of the European Club corrupts him. His immediate boundary is Flory's friendship with Dr. Veraswami. Veraswami comes across as one of the decent people in the novel in that he does not allow himself to become involved with the depravity that Kyin does. Veraswami expresses a selflessness in that he allows Flory to confide in him but in this act, he is crossing a boundary because he is peeking at a side of the European life he would have never known otherwise. He delights in the Europeans loyalty to one another but he is also able to see the best and worst of this culture. It is also worth noting that while he is surrounded by these boundaries, he never loses sight of his own identity.
Boundaries are flexible…… [Read More]
Economic Crisis 2008-2009
This report focuses on the events that took place in the Great crash of 2008-2009. It aims to highlight the events that took place and what the basic factors and events were that eventually led to the economy crashing. It is also a point of focus to determine what effects came about and how different parties were to be blamed for the deregulation that led to the catastrophic events of the crash. It is linked with the policies present at that time i.e. The Monetary Policies outlining the control of money supply and interest rates as well as the Fiscal Policy that focus on the government spending and taxation policies.
The financial crisis refers to a situation whereby there is a contraction of money supply and the amount of wealth in the economy. This is also known as a "credit crunch" whereby participants of the economy lose…… [Read More]
"Some Enemies of Science" J.B.S. Haldane
The vivisection debate: J.B.S. Haldane's "Some enemies of science"
The vivisection debate is an old one. As early as 1928, the scientist J.B.S. Haldane rigorously defended the practice of vivisection against its earliest detractors, arguing that even moderate government regulation of scientific behavior to protect animal rights was hypocritical, given the way that animals were treated in other spheres of human life. In contrast, David Suzuki's 1989 essay "The pain of animals" highlights the central paradox of animal experimentation. On one hand, animal experiments are only useful because of our biological similarities to animals. On the other hand, we assert our right to exploit animals based upon our inherent differences from them. The intelligence of animals such as the chimpanzee is analogous to a two-year-old child and yet through logical sleight of hand we justify using chimps in the laboratory by calling them…… [Read More]
Moral Criticisms of the Market
Moral Criticisms Market This assignment requires read article Ken S. Ewert (found eading & Study folder). Note article, Ewert defending free market "Christian Socialists." He states position a rebuttal
Moral criticisms of the market: A critique of Ewert's analysis
It is interesting to read Ken S. Ewert's 1989 criticisms of 'Christian socialists' in light of current debates on other types of economic policies today. Ewert portrays Christian, leftist defenders of socialism as impervious to logic, in contrast to other former critics of capitalism, who grew more acclimated to capitalist principles in light of the failure of the Soviet Union Similar criticisms are made of 21st century religious fundamentalists, who stress the need for private enterprise to address societal problems 'on principle,' even when public regulation might be helpful and who try to define science, including science education, in religious terms rather than in terms of…… [Read More]
Airbus is one of the leading producers of commercial and military aircraft in the world. The company has been successful because of the commitment it has to excellence and a global vision. The purpose of this discussion is to focus on the ways and which Airbus functions in various parts of the world given the differing cultures, political, economic and trade issues that differ from country to country. The research will also focus on the ways in which Airbus can deal more effectively with these issues as they arise.
Company information: summary, products, size, etc. Note: (no history)
Airbus is Headquartered in Toulouse, France. The company is owned by European Aeronautic Defense and Space Company (EADS). At the current time the company employs 52,500 people and has many fully owned subsidiaries throughout the world. These subsidiaries are located in the China, United States, Japan and in the Middle East. In…… [Read More]
A level of quality assurance should be indicated within the confines of any study or related matter provided in literature used to inform, mimic, or develop in the means of school counseling.
Retrospective Studies = Research conducted by reviewing records or information about past events elicited through interviews with persons who have, and controls who do not have, a disease under investigation (UP, 2002). This term may apply to the study of habits or past behavior of subjects to who school counseling focus is directed. In observance of such habits and past behavior, proper and necessary approaches to certain students/subjects can effectively be taken.
Single-blind Design = Typically, a study designed in which the investigator, but not the subject, knows the treatment assigned. Occasionally, the subject, rather than the investigator, knows the assignment (UP, 2002). As in the Double-blind Design, this approach of study may be of such listed or…… [Read More]
in "Piaf," Pam Gems provides a view into the life of the great French singer and arguably the greatest singer of her generation -- Edith Piaf. (Fildier and Primack, 1981), the slices that the playwright provides, more than adequately trace her life. Edith was born a waif on the streets of Paris (literally under a lamp-post). Abandoned by her parents -- a drunken street singer for a mother and a circus acrobat father -- Edith learns to fend for herself from the very beginning. As a natural consequence of her surroundings, she makes the acquaintance of several ne'er do wells. She rises above the lifestyles of the girls she grows up with who prostitute themselves for a living in the hope that they will eventually meet a benefactor with whom they can settle. Edith has a talent for singing and she indulges this interest by singing loudly in the streets.…… [Read More]