...Article or Case Law Search Paper Maria January 27, 2014 HCS/430 The article that I have read and did my research for the article case law search is about a hospital in New York will have to pay $2.3 million dollars for overbilling the Medicaid program. Two Westchester County Hospital had overbilled the Medicaid program of $70 million dollars by improperly approving home care for Medicaid patients. The Attorney Generals Medicaid Fraud control Unit found out that the two hospitals were billing Medicaid beyond the cost of the drugs and made more than over a million dollars in profit. Both or the hospitals never admitted or denied the accusation. They decided to pay twice the fine that was against them. About 145 New York providers which includes the hospitals, physicians, group practices and individual practice have paid back an estimating amount of $19.9 million dollars back to the Medicaid Fraud Control Unit. Some health care leaders have brought up an important message regarding mistake with billing should be considered a fraud or not. In the article this is how t "A label of fraud is really not accurate and can discredit the institution in the community," Northern Metropolitan Hospital Association President and CEO Kevin Dahill told the Journal News. "Hospitals participate in these audits and agree to the findings. If they make mistakes, they correct them. That's not fraud," he said (Caramenico, Alicia; 2012, 4). In my opinion I don’t think that a mistake in billing...
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...Possible Term Paper Topics and Instructions You will research, prepare, and write a 10-15 page term paper for this class. You have two choices as to how you can approach this paper: Track A and Track B. Regardless of which “track” you choose, the same general guidelines and expectations apply to all papers. The topics listed below do not define the entire universe of subjects available to you. If you have another idea for a paper topic, check it out with me. Once you select a topic, and I would suggest that this be done promptly, stop by my office to discuss your research endeavor. Track A: Issue-centered paper. Those choosing this track will research and write a paper on a specific issue of constitutional law. The paper will focus on the Court’s treatment of an issue and competing perspectives on it (both on and off the Court), and provide an evaluation and critique of those perspectives. It will culminate in a defense of its own thesis. Possible topics include: • The history, functions, and uses of one of the various “technical barriers” • Scope and limits of the presidential power to pardon • Federalism as a value in the Warren and post-Warren Supreme Court • Federalism as a constitutional concept in the Rehnquist Court • How far did the Rehnquist Revolution in federalism go? • The constitutional status of the War Powers Act (1973) • The concept of Executive Privilege • Are there limits to the...
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...Federalist Papers * John Locke * Authoritarianism * The Two Treatises Of Government * The Social Contract Theory * Thomas Hobbes * Nominalism * Materialism * Method Reading Summary or Overview The Federalist Papers were written and published in New York state newspapers between 1787 and 1788. Its purpose was to convince New Yorkers to ratify the proposed Constitution. The authors of The Federalist or The Federalist Papers were among the "founding fathers" of the United States of America. This term is used to refer to the men whose actions were responsible for creating the United States of America and the United States Constitution. View this introductory presentation on the authors of The Federalist Papers. Then, read the internet resources on The Federalist Papers. Internet Resources KAPLAN LIBRARY The "KU Online Library" link is on the left Navigation area of your course Home Page once you log in. You will be able to locate the articles below by placing the title of the article into the search engine. For any Supreme Court cases or other legal cases, once you go into the Kaplan Library, on the right side of the page you will see “databases.” Once in “databases” scroll down to “Westlaw Campus Research” and there you will be able to access the full text of court opinions, statutes, and regulations from state and federal governments. The Federalist Papers Jay, J., Goldman, L., Hamilton, A., & Madison, J. (2008). The Federalist Papers. Oxford:...
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...Act, the Negotiable Instruments Law, the Uniform Warehouse Receipts Act, the Uniform Bills of Lading Act, the Uniform Stock Transfer Act, the Uniform Trust Receipts Act, and numerous other statutes. Massachusetts thus became the second state to enact the Code, following the lead of Pennsylvania, where the Code, enacted in April 1953, took effect on July 1, 1954. In March 1958 the Code was enacted in Kentucky, effective July 1, 1960. Proposals to enact the Code will undoubtedly come before legislatures in other states in the course of the next few years, and it seems likely that several other states will join the procession at their 1959 sessions (Braucher, 1958). The Uniform Commercial Code (UCC or the Code), first published in 1952, is one of a number of uniform acts that have been promulgated in conjunction with efforts to harmonize the law of sales and other commercial transactions in all 50 states within the United States of America. The Uniform Commercial Code, or UCC, is a very large collection of legal rules regarding many important business, or “commercial,” activities. The UCC originally was created by two national nongovernmental legal organizations: the National Conference of Commissioners on Uniform State Laws (NCCUSL) and the American Law Institute (ALI) (Steingold, 2013). As the word “Uniform” in its title suggests, a primary purpose of the UCC is to make business activities more predictable and efficient by making business laws highly consistent across all American...
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...BUSI1001 Business Law Term Paper Police Brutality in US – Abuse of Power 1. Introduction 1.1 Background Police are always said to be a law enforcement officer. They are legally allowed to use legitimate force when necessary to make an arrest, keep the peace and maintain order. However, when the force is used excessively or beyond which is necessary, police brutality occurs. Brutality can be in a number of ways, mostly likely will be physical; pain holds, batons, pepper spray, tasters and guns. In US, police brutality has always been a serious problem which those police officers usually rationalize their behavior by claiming that they maintaining the social order. Let me refer to one of the cases in US. In January 1997, Kurt DeSilva, 34, was shot and killed by a Pawtucket, Rhode Island police officer after a low-speed car chase. DeSilva, who was unarmed, was suspected of driving a stolen car.() In this case, shooting is obviously an excessive force used to stop a low-speed driving suspect. In fact, there are lots of such cases in US. From January 2010 to December 2010, there were 4,861 unique reports of police misconduct recorded which involved 6,613 sworn law enforcement officers and 6,826 alleged victims. () In those 6,613 officers involved, 23,8% of them were involved in excessive force reports, which is the most prominent type among the misconducts.() This paper aims to discuss the inadequacy of the current law in US to prohibit police brutality and give suggestions...
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...and limited storage medium only in the form of documents on paper records an economic and administrative burden is heavy for the business world. Judging from the storage period, the length of document storage will result in the incurrence of costs are doubled. First, in terms of space, the storage certainly require a large storage space, which eksrtemnya sometimes obviates the need for human resource space. Secondly, in terms of strength of materials, long-term storage of paper documents is certainly also need space with placement and special treatment to protect it from humidity, of the danger of flooding or fire, acts of irresponsible and others. Judging from storage, document mencatatatkan liability companies yant limited to paper media will cause anachronism. Ie the business world we will be left far from the development, where other countries and internationally has been so phenomenal transactions that use nonpaper media (paperlles transaction). And on the other side, namely in terms of the development of the law, that if we still cling to such anakkronisme, legal authority, especially in the aspect of the proof will decline, because the law in this case is not used as a tool set that something matters or problems that occur in society more easily in care or in the finish. In the business world, the philosophy that should be in the highlight should make that law as a tool to manipulate social (Law as a tool of social angineering), rather than as the maker of ...
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...How to write a case review assignment 1. TITLE 2. INTRODUCTION: * Which court decision has been discussed here? * What is the case about? * What are you going to discuss in each chapter/section 3. THEORY and/or CONCEPTUAL FRAMEWORK * Explain the theory or concepts, or define the legal terms that are important for understanding the case and they are usually provided in the book. For example: * What does the concept ‘negotiations’ mean? * Explain the link between these concepts 4. THE PROBLEM [that the Court has to deal with] * What is the problem that the Court has to deal with/solve? * For example: the application of Art. 74 CISG regarding the delay in delivery or defect of goods * Why is this case important? 5. FACTS of the case (What has happened?) * Who are the parties involved: who is a plaintiff – defendant; applicant – respondent * What has happened (the sequence of, for the case, important events)? 6. APPLICABLE LAW: * Which law has to be applied on this case * Explain the relevant rules (Articles) * What does this article regulates/The purpose of this article 7. POSITION AND ARGUMENTS OF THE PARTIES * Explain the main arguments and reasoning of the parties in this Court Case: * What is a point of view of each party? Explain! * What kind of reasoning each party follows? * Make link with the theory...
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...A Guide to Preparing a Paper or Master’s Thesis J.G. Brouwer A.J.J. de Hoogh 1. Table of Contents 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Table of Contents Introduction Purpose of Writing a Paper or Thesis Thesis Procedure Selecting a Topic An Outline Research and Analysis of the Topic Structure and Format Quotations, Paraphrasing, Plagiarism and Fraud Footnotes, References and the Bibliography Minimum Requirements and Grading 1 2 2 3 4 5 7 7 9 11 15 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of the authors. 1 2. Introduction Writing skills are of eminent importance for a lawyer. That is why some courses require you to write a paper and the LL.M. Programme requires you to write a thesis at the end of your studies. There are strict requirements regarding the contents and the procedure. The following guidelines will provide you with information for successful completion. If you would like more guidance during the writing of your thesis, then you are advised to consult the following websites: http://www.learnerassociates.net/dissthes/ (structure and format) http://owl.english.purdue.edu/ (language) http://writingcenters.org/index.php (overview writing centres) The paper/thesis must be in English. This means for most of you, since English is not your native...
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...Running head: ARTICLE/CASE LAW SEARCH PAPER Article/Case Law Research Paper Wendy Williams HCS 430 Legal Issues in Healthcare: Regulation and Compliance June 30, 2001 Abstract The writer has chosen an article found in The Atlanta Journal-Constitution, dated June 28, 2009. For the purpose of this paper, the writer will provide sufficient background on the article and discuss the major points. Next, the writer will discuss the legal issues involved in the article. In conclusion the writer will identify and discuss any recommendations that could be made. Article/Case Law Search Facilitating patient choice has always been fundamental to palliative care. However, the choice agenda challenges us to question what this truly means for palliative care now and in the future (Kite and Tate, 2005). With this in mind, the writer has chosen an article found in The Atlanta Journal-Constitution, June 28, 2009, entitled, System was deaf to pleas; mother died. For the purpose of this paper, the writer will provide sufficient background on the article and discuss the major points. Next, the writer will discuss the legal issues involved in the article. In conclusion the writer will identify and discuss any recommendations that could be made. The article was about a case involving the Georgia Regional Hospital/Atlanta. In January of this year, a patient, Na Young, with a history of psychotic behavior was released. The patient requested not to be released and refused to sign the...
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...|[pic] |COURSE SYLLABUS | | |School of Business | | |LAW/421 Version 1 | | |Contemporary Business Law | Copyright © 2011 by University of Phoenix. All rights reserved. Course Description This course reviews the U.S. legal system, common law and its development, organizational structures, and the regulatory environment pertinent to business. Students will learn to critically examine torts, crimes, and business ethics. They will also examine contracts; business associations including agencies, partnerships, and corporations; wills, estates, trusts, and other legal entities; securities regulations; and investor protections. Policies Faculty and students/learners will be held responsible for understanding and adhering to all policies contained within the following two documents: • University policies: You must be logged into the student website to view this document. • Instructor policies: This document is posted in the Course Materials forum. University policies...
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...Case Study Kim V. Son AC 502: Regulation Kaplan University March 31, 2015 In the case of Kim v. Son, Kim invested money into Stephen Son’s companies. I have to say there was not a valid consideration because in order for a consideration to be valid there are three rules that apply: 1) both individuals must receive something that is of value; 2) if a person promises to give something of significance or even value, then this would be a consideration; and 3) both individuals would have to have some kind of agreement as to what is being traded in the deal (Beatty, Samuelson, & Bredeson, 2013). The UCC was created in 1952 in an effort to synchronize sales and other transactions in the United States. There are 9 articles of the UCC and they are: general provisions, leases, negotiable instrutments, bank deposits, fund transfers, letters of credit, bulk transfers, warehouse receipts and etc, investment securites, and lastly, secured transactions (US Legal, 2010-2014). Based on reviewing the 9 articles of the UCC, I feel that the Kim v Son case does not fall under the Uniform Commerical Code. UCC is like a civil law which is based on a code of regulations. However, the reason the UCC was formed was because they were to establish a unity in the laws set up for the UCC. Since common law can vary based on states, it is good that the UCC has formed a code of regulations. I feel that based on the reading the Article 2 has the most significance because of the goods. Common law...
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...Running head: BUSINESS ETHICS CASE Individual Assignment: Business Ethics Case Individual Assignment: Business Ethics Case Ethics plays a role in everything individuals do throughout their lifetime. Ethics is very important in business. In order to be in the business field you have to ethics to back up the actions that an individual does whenever working. A business person needs to act ethically in order to conduct themselves properly. A person can violate a law if he or she does not judge a favorable decision in a case. The rule of law and the rule of ethics go hand and hand to one another. The National Enquirer “is a national weekly newspaper with a total circulation of more than 5 million copies.” (Cheeseman, 2010 page 49) There are nearly 600,000 copies sold within California. The National Enquirer published an article about Shirley Jones. Shirley Jones was an entertainer and a California resident. Jones “filed a lawsuit in California state court against the National Enquirer and its president, who was a resident in Florida. The California lawsuit sought damages for alleged defamation, invasion of privacy, and international infliction of emotional distress.” (Cheeseman, 2010 page 49) The Superior Court granted the motion on the group that the First Amendment concerns weighed against an assertion of jurisdiction otherwise proper under the Due Process Clause of the Fourteenth Amendment. It was unethical for the National Enquirer to try to avoid suit in California...
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...Extra Credit: Law of the Land As we are taught all through our lives what we can and can’t do our enforced by someone. As children when we make a mistake the law is our parents for example if we steal our parents will punish us whether it be a spanking, standing in the corner, or some other type of punishment. As we become older and gather more liable for our actions our parents may still enforce some punishment and type of law but so will the state we live in. The state that you live also faces something higher and that is the federal government. Overall from the time we take our first step until we die, the ultimate decision maker of the land is the United States Constitution. The United States Constitution is the supreme power of the land. The document which contains some of the oldest laws of the United States was written on September 17, 1787. In the Constitution it contains the rights that each and every citizen of the United States of America are given. In the constitution it also stipulates how the federal and state government is run. In the document there are seven articles that each limits and keeps the government in check. In article one there are ten sections. The article states that congress shall contain a senate and a house of representatives. It also specifies the age, and requirements to become a senator and a representative. The article also stipulates how the bills may start in house but if about raising money must start in the House of Representatives...
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...COURT COMPARISON AND CONTRAST PAPER 1 Court Comparison and Contrast Paper COURT COMPARISON AND CONTRAST PAPER 2 Comparing State and Federal Court Systems There are many factors that involve the differences in state and federal courts. The three major factors that separate the two court systems are the structure, the selection of judges, and the types of cases that are presented in each of the two court levels. There are many reasons that there are two different court levels. This is so that we have checks and balance between the federal courts and the state courts. The structure of the Federal courts is based off Article III of the constitution of the United States. This article gave the federal system the power to create the Supreme Court as well as all the lower federal courts. The federal court system is broken down into six different types of courts which starting from the highest are the Supreme Court, United States Court of Appeals, United States District Courts, as well as the special federal courts which are the United States Bankruptcy Courts and the United States Courts of Special Jurisdiction. Within each of these courts they each handle specific cases that are presented to them. The State Court System is broken down into four different levels of courts. First are the trial courts...
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...OSCOLA Oxford Standard for the Citation of Legal Authorities Fourth Edition Faculty of Law, University of Oxford www.law.ox.ac.uk/oscola Contents Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1 1 General notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 1 .1 Citations and footnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 1 .1 .1 1 .1 .2 1 .1 .3 1 .1 .4 Citing cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 Citing legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 Citing secondary sources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 Order of sources in footnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 1 .2 Subsequent citations, cross-references and Latin ‘gadgets’ . . . . . . . . . . . . .5 1 .2 .1 Subsequent citations . . . . . . . . . . . . . . . . . . . . . . ....
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