...Rachelle Wardle Justin Clark Yolanda Larrymore April 11, 2011 Group 5 Tort Reform As a society in today’s economy we are constantly being bombarded with news about law suits of one kind or another. It seems whenever we turn on the news there is a new high profile case of malpractice lawsuits and individuals are being sued left and right. We live in a lawsuit happy society that only continues to intensify as the economy continues to recover and citizens continue to seek employment. Often the main bulk of the law suits that make the news and that occur in today’s society are medical malpractice suits. One can find themselves hard pressed to watch T.V. without seeing a commercial or advertisement from an attorney offering to sue someone for something. In the realm of medical law suits the possibilities are seemingly endless. Patients are willing to sue anyone over anything including drug manufacturers, doctors, pharmacists, anesthesiologist and so forth. Malpractice insurance has reached an alarming high and physicians continue to fight for a cap to be placed on money awarded to plaintiffs. Physicians fear their jobs and lives may be in jeopardy if something is not done about these outrageous costs while patients worry that their medical care will suffer if such limits are awarded. In the 1990s there was a famous lawsuit that awarded a woman several million dollars in a law suit against McDonalds when she spilled hot coffee on her lap. Many of the details of the...
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...THE INTERNATIONAL LEGAL ORDER Controversiae (disputes) is the first word in book I of Hugo Grotius’ foundational text De Jure Belli ac Pacis(The Law of War and Peace, 1625). Much modern scholarship in international law has followed this strand of Grotius’ thought in orienting the subject to the problem of managing disputes. Since the late nineteenth century, generations of leading scholar-practitioners have shaped a view of international law which emphasizes legal doctrines and materials related to disputes: the specific rules one party to a dispute may invoke against another, the sources (e.g. treaty, custom) to which an international court will look to identify international law rules, the general principles (e.g. acquiescence, abuse of rights) that international courts have borrowed from national legal systems to help deal with international cases, the foundational principles of international law (e.g. state responsibility) enunciated by courts, the precedential implications of a specific decision or a specific settlement agreement. This focus owes much to the sociological model of the successful international lawyer as it developed in the English and French traditions of international law over the past century: that of the academically respected practitioner, primarily the world–wise professor-counsel or the erudite lawyer–civil servant, whose career involved both scholarship and representing litigants in the management of disputes, and might eventually culminate in becoming...
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...PAD 530 Week 1-11 Discussion Questions Solved Follow www.hwmojo.com link below to purchase solution http://www.hwmojo.com/products/pad530-discussions We have all assignments for PAD 530. Email us support@hwmojo.com Week 1 DQ 1 "Public Human Resource Management" Please respond to the following: • Analyze the topics discussed in Chapter 1, with the exception of the laws. Select two topics and discuss two positive effects and two challenges the topic poses for human resource departments in the public sector. Follow this Format when responding: Positive Effect 1 Place your response here! Positive Effect 1 Place your response here! Challenges 1 Place your response here! Challenges 2 Place your response here! References: Cite your sources for information and data provided, just as you would in any written assignment. See the Citations.doc (Located in the Student Center) for more information. Week 1 DQ 2 "Public Human Resource Management in the News" Please respond to the following: • From the e-Activities, discuss the current event you reviewed from the selected agency and determine the cause of the issue, noting if the cause was due to neglected public bureaucracies from elected and appointed officials. Discuss at least two results of the issue. Follow this Format when responding: Current event and cause of the issue Place your response here! Was cause due to neglected public bureaucracies from elected and appointed officials...
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...OBJECTIVES After completing Chapter 3, you will be able to: 3.1 Define ethics, bioethics, and law. 3.2 Discuss the measures a medical practice must take to avoid malpractice claims. 3.3 Describe OSHA requirements for a medical office. KEY TERMS abandonment agent arbitration assault authorization battery bioethics breach of contract civil law contract crime criminal law defamation disclosure durable power of attorney electronic transaction record ethics expressed contract felony fraud implied contract law law of agency liable living will malpractice claim misdemeanor moral values negligence Notice of Privacy Practices (NPP) Privacy Rule protected health information (PHI) Security Rule subpoena tort treatment, payments, and operations (TPO) uniform donor card use void 37 ram4577X_ch03.qxd 4/16/04 11:50 Page 38 OBJECTIVES (Continued) 3.4...
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...Financial Scandals and the Role of Private Enforcement: The Parmalat Case Law Working Paper N° 40/2005 May 2005 Guido Ferrarini University of Genoa, Centre for Law and Finance and ECGI Paolo Giudici Free University of Bozen and Centre for Law and Finance © Guido Ferrarini and Paolo Giudici 2005. All rights reserved. Short sections of text, not to exceed two paragraphs, may be quoted without explicit permission provided that full credit, including © notice, is given to the source. This paper can be downloaded without charge from: http://ssrn.com/abstract=730403 www.ecgi.org/wp ECGI Working Paper Series in Law Financial Scandals and the Role of Private Enforcement: The Parmalat Case Working Paper N° 40/2005 May 2005 Guido Ferrarini Paolo Giudici This Working Paper is based upon a draft prepared for the EU Corporate Law Making Conference (Cambridge, October 29-30, 2004) organized by Harvard Law School and the Swiss Federal Institute of Technology (ETH Zurich). The authors are grateful to Gerard Hertig, Mark Roe, Donald Langevoort, and other conference participants for helpful comments. Drafts of this paper were also presented at the Yale Law School Alumni Meeting on October 8-10, 2004; at a meeting of the Associazione Via Isonzo held in Milan on October 10, 2004; and at a seminar at the Institute of Law and Finance (ILF), University of Frankfurt, on January 18, 2005. The authors are grateful to Theodore Baums, Andreas Cahn, Carmine Di Noia, Jon Macey,...
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...CONTROLLING HEALTH CARE COSTS WHILE PROMOTING THE BEST POSSIBLE HEALTH OUTCOMES American College of Physicians A White Paper 2009 Controlling Health Care Costs While Promoting the Best Possible Health Outcomes Summary of Position Paper Approved by the ACP Board of Regents, September 2009 What are the Major Drivers of Health Care Costs? Major drivers of health care costs include: inappropriate utilization especially of advanced medical technology, lack of patient involvement in decision-making, payment system distortions that encourage over-use, high prices for health care services, a health care workforce that is not aligned with national needs, excessive administrative costs, medical liability and defensive medicine, more Americans with declining health status and chronic disease, and demographic changes including an increase in elderly persons. This paper addresses each of these drivers of health care costs and provides recommendations for controlling them. Why Do We Need to Control Health Care Costs? Improvements in health care have the ability to provide opportunities for all people to live better, healthier lives. However, the rate of increase in U.S. spending on health care continues to exceed economic growth at an unsustainable pace. The rate of growth in health care spending is the single most important factor undermining the nation’s long-term fiscal condition. Why Should Controlling Health Care Costs be Linked to Promoting Good Health Outcomes? Increasing pressure...
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...THE STRUCTURE OF THE AMERICAN JUDICIARY I. Intro --Court organization CAN become the focus of political battles. --e.g. There are 12 circuit courts (federal courts of appeals). The 9th circuit is the largest as it includes 9 states and two territories. It stretches from Alaska to Arizona and from Montana to Hawaii and then to Guam. -- 28 full time judges and several more retired judges who help out part time. --Hears over 5000 cases a year. -In 1990 the U.S. Senate considered a bill to split the 9th circuit into 2 circuits. California, Arizona and Nevada would make up one circuit while the other states and territories would make up a second circuit. -to some this division made sense since the circuit was considered too large to handle business efficiently. However, this seemingly routine matter of administration met intense opposition. --The bill was sponsored by Senators from the northwestern states and was opposed by senators from California. Interest groups were also involved: The Sierra Club and other environmental groups argued fiercely against the proposal. --Why would the division of a judicial circuit into two parts stir up such political controversy? -->The 9th Circuit had a majority of judges from California which gave broad interpretations to environmental protection laws. --People from the Northwest saw these decisions as damaging to their timber industries. --So splitting the circuit would prevent California judges from ruling on environmental...
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...NOT FOR DISTRIBUTION: USE ONLY IN COMPLIANCE WITH COPYRIGHT: DAVID RISSTROM AN INTERPRETATION OF LAW IN CONTEXT Bottomley, S., Gunningham, N. and Parker, S., 1991, Law in Context, The Federation Press, Leichhardt. { } = additional material from lectures. ( ) = my comments. (See ‘x’) refers to book page number. A short (somewhat boring) message from the summary executioner before you dive in; These notes are an interpretation of the book Law in Context and the lectures given as part of the 1991 Course. They are not a satisfactory substitution for reading the text. You are only likely to get the maximum value out of this summary by reading it in conjunction with the text. The question of ‘the law in whose context’ may be worth keeping in mind as you read. This is an interpretation seen through my eyes, not yours. My comments are not unbiased, as it is as equally unlikely that yours may be. So my ‘advice’ is consider what is said here and in the book considering the need to understand the ‘mechanics’ that help make sense of the more involved themes that develop in the book as you progress through Law in Context. The observations, important in their own right, may be particularly useful for seeing how their often ubiquitous expression is taken as ‘normal’ in the areas of wider society, such as in discussions of economics and power. It is unlikely that you will find any ‘right answers’ from this summary, but I do hope it helps you in synthesising...
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...TABLE OF CONTENTS TO CRIM LAW (Levine) I. Overview of CJS A. Theories of Punishment 1. Utilitarian 2. Retributive B. Who should be punished? 1. Excuse (Because of personal condition X I shouldn’t be punished) 2. Justification (I acted in the right way and don’t deserve to be punished) C. Principles that Limit Punishment 1. Legality, Vagueness Lenity II. Components of a Crime A. Actus Reus 1. Conduct 2. Attendant Circumstances 3. Social Harm 4. Causation a. Actual Causation b. Proximate Cause i. Common law: Intervening Cause? ii. MPC: Built into culpability standards 5. Concurrence of Elements B. Mens Rea 1. Common Law Standard 2. MPC Culpability Standard 3. Specific Intent 4. Transferred Intent 5. Strict Liability Crimes 6. Role of Mistake a. Mistake of Fact b. Mistake of Law C. Concurrence of Elements III. Homicide A. Common Law 1. Murder a. 1st Degree Murder b. 2nd Degree Murder 2. Manslaughter a. Adequate Provocation b. Criminal Negligence c. Misdemeanor-Mansalguther B. MPC 1. Murder 2. Manslaughter 3. Criminal Negligence C. Felony Murder Rule 1. Limitations a. Inherently...
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...Domestic Drone Exploration Presented by Team B Jamie Eads Daniel Flores Cindy Greer Amanda Hall August 24, 2014 DeVry University Technology, Society, and Culture LAS432 Professor: Dr. Kenneth Melichar TABLE OF CONTENTS I. INTRODUCTION 3 II. DESCRIPTION OF TECHNOLOGY Amanda 4 III. HISTORICAL DEVELOPMENT Amanda 6 IV. CONTEXT OF THE TECHNOLOGY Amanda 7 V. POLITICAL INFLUENCE Cindy 15 VI. LEGAL INFLUENCE Cindy 17 VII. ENVIRONMENTAL INFLUENCE Cindy 22 VIII. ECONOMY OF DRONE Jaime 23 VIIII. PSYCHOLOGICAL CONSIDERATIONS Daniel 32 X. SOCIOLOGICAL AFFECTS Daniel 36 INTRODUCTION Technology is applying science to improve on an existing task to make it easier. Technology can be used for all types of things, from science applications to mechanical engineering. Changing the way something is done often improves it. This is the heart of technology. Technology has evolved into nanotechnology. Nanotechnology is a “technology executed on the scale of less than 100 nanometers, the goal of which is to control individual atoms and molecules, especially to computer chips and other microscopic devices.” Nanotechnology may one day improve the quality of life, thereby extending the life span of humans, by using “small autonomous robot, or nanobot, that can be sent into the human body to repair cells and cure cancers.” (nanotechnology). It is the continued advancement in nanotechnology that has been used to downsize the combative drones that we associate...
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...This week's graded topics relate to the following Terminal Course Objectives (TCOs): A | Given an organizational requirement to conform business practices to both the law and best ethical practices, apply appropriate ethical theories to shape a business decision. | I | Given specified circumstances of a business decision to expand to international markets, determine what international legal requirements or regulatory controls apply. | Topics for This Week's Discussion * Introduce yourself to your professor and the rest of the class. (not graded) * Thread over TCO A/I (graded) * Ethics and Patent Rights Post 9/11 (graded) * Q & A Forum for your questions and comments (not graded) | | There is a drop down arrow next to the "Select a Topic" box. Click on this arrow to select topics for discussion. | ------------------------------------------------- Top of Form Select a Topic: Bottom of Form The World Bank Situation (graded) | Class, please read Chapter 2, problem 5 from the Jennings text, p. 72. This week, we will discuss the Wolfowitz situation at the World Bank. Consider the questions at the end of the problem as you make comments in the threads this week. What are the ethics here? Was Wolfowitz trying to do the right thing? Does that make a difference ethically? Throughout the week, I will bring in further questions. Be sure to read the lecture and the international ethics article stated in your reading for the week as well. | ...
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...GOVERNMENT AND POLITICS AS LEVEL UNIT TWO GOVERNING THE UK “Never, never, never give up” Winston S Churchill 1874-1965 1 GOVERNING THE UK 50% of AS [25% of A2] UNIT TWO SAMPLE QUESTION Answer one question from Section A and one question from Section B in 80 minutes. Spend 40 minutes on Section A and 40 minutes on Section B SECTION A QUESTION ONE PRIME MINISTERIAL POWER “For too long the big political decisions in this country have been made in the wrong place. They are not made around the Cabinet table where they should be, but they are taken on the sofa in Tony Blair’s office. No notes are kept and no one takes the blame when things go wrong. That arrogant style of government must come to an end. I will restore the proper process of government. I want to be Prime Minister of this country not a President (Source: David Cameron, The Times, 5th October 2006) “The Cabinet is the committee at the centre of the British political system. Every Thursday during Parliament, Secretaries of State from all departments as well as other ministers meet in the Cabinet Room in Downing Street to discuss the big issues of the day. The Prime Minister chairs the meeting, selects its members and also recommends their appointment as ministers to the monarch. The present Cabinet has 23 members (21 MPs and two peers). The secretary of the Cabinet is responsible for preparing records of its discussions and decisions”. (Source: From a modern textbook) (a) What...
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...M A G A Z I N E FA L L 2 0 0 2 Volume 20 Number 2 SPANNING THE GLOBE Duke Leads the Way in International Law Teaching and Scholarship inside plus Duke admits smaller, exceptionally well-qualified class Duke’s Global Capital Markets Center to launch new Directors’ Education Institute from the dean Dear Alumni and Friends, It is not possible, these days, for a top law school to be anything other than an international one. At Duke Law, we no longer think of “international” as a separate category. Virtually everything we do has some international dimension, whether it concerns international treaties and protocols, commercial transactions across national borders, international child custody disputes, criminal behavior that violates international human rights law, international sports competitions, global environmental regulation, international terrorism, or any number of other topics. And, of course, there is little that we do at Duke that does not involve scholars and students from other countries, who are entirely integrated with U.S. scholars and students. Students enrolled in our joint JD/LLM program in international and comparative law receive an in-depth education in both the public and private aspects of international and comparative law, enriched by the ubiquitous presence of foreign students; likewise, the foreign lawyers who enroll in our one-year LLM program in American law enroll in the same courses, attend the same conferences...
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...M A G A Z I N E FA L L 2 0 0 2 Volume 20 Number 2 SPANNING THE GLOBE Duke Leads the Way in International Law Teaching and Scholarship inside plus Duke admits smaller, exceptionally well-qualified class Duke’s Global Capital Markets Center to launch new Directors’ Education Institute from the dean Dear Alumni and Friends, It is not possible, these days, for a top law school to be anything other than an international one. At Duke Law, we no longer think of “international” as a separate category. Virtually everything we do has some international dimension, whether it concerns international treaties and protocols, commercial transactions across national borders, international child custody disputes, criminal behavior that violates international human rights law, international sports competitions, global environmental regulation, international terrorism, or any number of other topics. And, of course, there is little that we do at Duke that does not involve scholars and students from other countries, who are entirely integrated with U.S. scholars and students. Students enrolled in our joint JD/LLM program in international and comparative law receive an in-depth education in both the public and private aspects of international and comparative law, enriched by the ubiquitous presence of foreign students; likewise, the foreign lawyers who enroll in our one-year LLM program in American law enroll in the same courses, attend the same conferences...
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...Table of Contents I.) INTRODUCTORY PRINCIPLES 2 A.) Efficiency and Other Concepts 2 B.) Agency and Partnership Law 2 II.) INTRODUCTION TO THE CORPORATE FORM 16 A.) Formation and Structure 16 B.) Debt, Equity, and Valuation 22 III.) CONTROL OF CORPORATE DECISIONS 32 A.) The Role of the Shareholder 32 B.) Management Obligations 50 1.) Duty of Care 51 2.) Duty of Loyalty 56 3.) Duty of Fairness: Parent-Subsidiary Relationships 63 4.) Duty of Good Faith 64 5.) Management Obligations Under Federal Securities Laws 67 C.) Shareholder Litigation 76 IV.) Structural Changes 85 A.) Transactions in Control 85 B.) Mergers and Acquisitions 86 1.) Mergers 87 2.) Sale of Assets 93 3.) Asset Purchase or Tender Offer 94 C.) Public Control Contests 96 1.) The Poison Pill 100 2.) Enhanced Review When Business is Up for Sale 103 3.) Proxy Contests for Corporate Control 106 4.) Protecting the Deal: Shareholder Lockup Agreements 109 I.) INTRODUCTORY PRINCIPLES • Definitions o Corporate Law: The allocation of rights and power within a corporation; the internal body of law ▪ Addresses the creation of economic wealth through the facilitation of voluntary, ongoing collective action ▪ Flexible- expectation that market discipline will weed out what is not working ▪ Principle aim- reduce agency costs of all sorts o Securities Law: Regulates capital markets that corporations use to obtain funding ...
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