...maximize their potential for economic security and self-sufficiency (Department of Human Services, 2012). Under the Department of Human Services, is Family Services? This department has numerous agencies that provide protection, intervention, and social services to meet individual needs (Department of Human Services, 2012). As a team, we will compare and contrast the roles of mediator and advocate by describing the power limitations of each role, discuss under what circumstances an advocate is used during mediation, and which role is most critical to problem solving. The team will discuss the mediator bias, limitations of the mediator, scope of power, conflict of interest, confidentiality, mediator neutrality and impartially. ~”The best way to find yourself is to lose yourself in the service of others.”~(Mahatma Ghandi, 1869-1948). Power Limitations of Each Role There are limits to everything, mediators and advocates are no exception to the rule. In the Family Services, the power limitations for both roles differ from one another. A mediator’s limitations are: only facilitating communication during a negotiation, possessing no final say in the ultimate decision of a dispute, no control over the content that will be...
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...Brian Ardizzoni Michael Neil English 1301, Composition 1 25 November 2012 Medical Malpractice For nearly forty years, tort reform constantly becomes an increasingly controversial issue affecting the medical community, the legal community and most of all, the victims of some very unfortunate accidents. Tort reform refers to laws passed on a state-by-state basis which place limits or caps on the type or amount of damages awarded in personal injury lawsuits. Those who advocate medical malpractice tort reform believe limitations should be set on the amount of damages a plaintiff or injured party can be rewarded by the court. These advocates usually include medical professionals and insurance companies. Their argument is that too many frivolous lawsuits lead to high malpractice insurance, the increasing cost of medical care and a burden on the taxpayers whose tax dollars absorb the extravagant litigation costs for these claims. They believe doctors will eventually be unable to practice medicine due to costly malpractice insurance premiums which may leave many Americans unable to obtain much-needed healthcare. In the past, as the rate of malpractice suits began to grow, so did the rate of malpractice insurance. This ended up having a dire impact on the medical profession. For one thing, many qualified doctors ended up leaving their practices and focusing more on preventative medicine. In other words, they...
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...THE IMPACT OF THE CHARITIES AND SOCIETIES LEGISLATION ON THE PROMOTION OF ENVIRONMENTAL JUSTICE IN ETHIOPIA By Gebremedhin Birega gbdagaga@gmail.com March 2014 Addis Ababa Ethiopia 1 Abstract Civil Society Organizations (CSOs) in general and environmental CSOs in particular, have been playing considerable constructive role in the nation building efforts in Ethiopia. However, all their contributions are not wholeheartedly accepted by the government. In 2009, the government introduced a new law overtly presented to register, administer and create an enabling environment for a more meaningful contribution of CSOs/NGOs. Nevertheless, it has been argued that the introduction of the new law further weakened the already young and inexperienced CSO/NGO sector in general and those engaged in environmental justice in particular. The main objective of this paper is therefore to assess the impact of the legislation on NGOs/CSOs engaged in environmental justice mainly in: limiting areas of intervention; affecting access to foreign funds and other forms of support to undertake mandated tasks; retaining competence including knowledge and skills; making government answerable to felt needs of the society; advancing meaningful networking among CSOs at national, regional and global level on environmental policy reform issues; downsized change in amount of budget and skilled staff; engaging in research undertaking; conducting quality monitoring and evaluation activities. Based on...
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...Chapter 7 Prevention of Sexual Harassment 7–1. Overview The prevention of sexual harassment is a commander’s responsibility. The EOA plays a pivotal role by assisting the commander with policy awareness, training, command climate assessments, complaints processing and overall advisory assistance concerning the prevention of sexual harassment. 7–2. Chain of command responsibilities Commanders and supervisors will— a. Ensure that assigned personnel (to include RC personnel under their jurisdiction) are familiar with the Army policy on sexual harassment. b. Publish and post written command policy statements for the prevention of sexual harassment. All statements will be consistent with Army policy. They will include the local command’s commitment to the Army’s policy against sexual harassment and will reaffirm that sexual harassment will not be tolerated. The statement will explain how and where to file complaints and will state that all complainants will be protected from acts or threats of reprisal. Each ACOM/ASCC/DRU, installation, separate unit, agency, and activity down to company, troop or battery level will publish a sexual harassment command policy statement. Units should coordinate these policy statements with the servicing staff judge advocate or legal advisor before publishing them. c. Continually assess and be aware of the climate of command regarding sexual harassment. Identify problems or potential problems. Take prompt, decisive action to investigate...
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...Ethics and Professional Responsibility Study Unit By Michael Wilson, Esq. Reviewed By Brian Bastyr, Esq. About the Author Michael Wilson is a freelance writer and college instructor who has had wide legal and educational experience. He graduated with his Bachelor of Arts degree in English from the University of Kentucky in 1976 and three years later received his law degree from the same school. He has been a partner in a law firm, a solo practitioner, and has done work in General and Family Mediation. He has also been a fulltime instructor in Paralegal Studies at Sullivan College, Lexington, KY, where he has taught such classes as Legal Research, Advanced Legal Writing and Appellate Practice, and Wills and Estates. He was given the “Teacher of the Year” award in 1997. Mr. Wilson has also had a number of papers published on legal topics in both scholarly and popular journals. About the Reviewer Brian Bastyr is a senior attorney editor for West Group, a legal publishing company. He earned a bachelor’s degree at the University of Illinois, and a Juris Doctor from the University of Illinois College of Law. He is currently a member of the Illinois bar, and has published a number of articles in legal journals. All terms mentioned in this text that are known to be trademarks or service marks have been appropriately capitalized. Use of a term in this text should not be regarded as affecting the validity of any trademark or service...
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...G.R. No. 100113 September 3, 1991 RENATO CAYETANO, petitioner, vs. CHRISTIAN MONSOD, HON. JOVITO R. SALONGA, COMMISSION ON APPOINTMENT, and HON. GUILLERMO CARAGUE, in his capacity as Secretary of Budget and Management, respondents. Renato L. Cayetano for and in his own behalf. Sabina E. Acut, Jr. and Mylene Garcia-Albano co-counsel for petitioner. PARAS, J.:p We are faced here with a controversy of far-reaching proportions. While ostensibly only legal issues are involved, the Court's decision in this case would indubitably have a profound effect on the political aspect of our national existence. The 1987 Constitution provides in Section 1 (1), Article IX-C: There shall be a Commission on Elections composed of a Chairman and six Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, holders of a college degree, and must not have been candidates for any elective position in the immediately preceding -elections. However, a majority thereof, including the Chairman, shall be members of the Philippine Bar who have been engaged in the practice of law for at least ten years. (Emphasis supplied) The aforequoted provision is patterned after Section l(l), Article XII-C of the 1973 Constitution which similarly provides: There shall be an independent Commission on Elections composed of a Chairman and eight Commissioners who shall be natural-born citizens of the Philippines and, at the time of their...
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...group members of Save the Children Sweden - Denmark (SCSD) in the respective countries took the responsibility for identifying and contacting organisations and individuals who are working to combat CSA, particularly those providing psychosocial support to children affected by abuse. A total of 34 organisations and individuals were met. Six days were spent in each country, except in Afghanistan, where only three days were spent. The six locations were Peshawar, Islamabad and Karachi. Organisations met included those working on child sexual exploitation and sexual health, and those working with communities of street children, MSM (men who have sex with men), and trafficked women and girls. Many groups could not be visited due to time limitations. Non-governmental organisations (NGOs), university psychology departments, community-based organisations (CBOs), international non-governmental organisations (INGOs) and donor agencies, as well as independent research consultants and a theatre animator | | | were amongst the contacts met. Interviews were held | | | with those at management level, heads of organisations, | | | coordinators of child protection units, trainers, | | | programme officers, field workers, therapists and | | | counsellors. Wherever possible, counsellors, therapists | | | and caregivers working directly with children were | | | interviewed. | 1 | | | | | Objectives The objectives were to: * collect and compile information...
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...Dodd – Frank defines a whistle blower as, “Any individual who provides . . . information relating to a violation of the securities laws to the Commission in a manner established, by rule or regulation, by the Commission.” There are two types of whistle blowers: external and internal. An internal whistle blower is a person who reports misconduct on a fellow employee or superior within their company. One important ethical question with respect to internal whistleblowers is why and under what circumstances people will either act on the spot to stop illegal and otherwise unacceptable behavior or report it? Conversely, an external whistle blower reports inappropriate conduct to an outside source. These sources include but are not limited to lawyers, the media, law enforcement or watchdog...
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...or might even run from it. Leadership is the name of the game you have to be prepared for anything that come at you or as the old saying goes “be prepared for anything because you never know what come behind the next door” during times like this you need to surround yourself with trust worthy people that you can bounce ideas off of and get straight answer and that’s what he did, and some of them had family and friends in the building, but they were focused on the task at hand. In the prefix on page xiii he makes a statement “Leaders have to control their emotions under pressure” which in the book “Primal Leadership” it talks about Self-aware leader means having a deep understanding of one’s emotions, as well as one’s strengths and limitations and...
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...Berkeley Journal of International Law Volume 26 | Issue 2 Article 5 2008 Corporate Governance as Social Responsibility: A Research Agenda Amiram Gill Recommended Citation Amiram Gill, Corporate Governance as Social Responsibility: A Research Agenda, 26 Berkeley J. Int'l Law. 452 (2008). Available at: http://scholarship.law.berkeley.edu/bjil/vol26/iss2/5 This Article is brought to you for free and open access by the Law Journals and Related Materials at Berkeley Law Scholarship Repository. It has been accepted for inclusion in Berkeley Journal of International Law by an authorized administrator of Berkeley Law Scholarship Repository. For more information, please contact jcera@law.berkeley.edu. Gill: Corporate Governance as Social Responsibility: A Research Agenda Corporate Governance as Social Responsibility: A Research Agenda By Amiram Gill* In the post-Enron years, corporate governance has shifted from its traditional focus on agency conflicts to address issues of ethics, accountability, transparency,and disclosure. Moreover, corporate social responsibility (CSR) has increasinglyfocused on corporate governance as a vehicle for incorporating social and environmental concerns into the business decision-making process, benefiting not only financial investors but also employees, consumers, and communities. Currently, corporate governance is being linked more and more with business practices and public policies that are stakeholder-friendly. This ...
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...for Justice at New York University School of Law is a non-partisan public policy and law institute that focuses on fundamental issues of democracy and justice. Our work ranges from voting rights to redistricting reform, from access to the courts to presidential power in the fight against terrorism. A singular institution – part think tank, part public interest law firm, part advocacy group – the Brennan Center combines scholarship, legislative and legal advocacy, and communications to win meaningful, measurable change in the public sector. ABOUT THE BRENNAN CENTER’S LIBERTY AND NATIONAL SECURITY PROJECT The Brennan Center initiated its Liberty and National Security project two years ago to foster better public understanding of the importance of accountability, transparency, and checks-and-balances in the formulation and implementation of national security policy. We have since been at the forefront of advocating for sound, rights-respecting policy prescriptions based on broad public participation and informed discussion. Our staff engages in a spectrum of public education, legislative advocacy, litigation and scholarly activity. ABOUT THE AUTHOR Jonathan Hafetz is Litigation Director of the Liberty and National Security Project at the Brennan Center. He is actively involved in post-9/11 litigation involving detainee rights and other national security issues, and is lead counsel in several leading detention cases. An expert on habeas corpus, Mr. Hafetz has authored...
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...ANNUAL REPORT 2010 TRANSPARENCY INTERNATIONAL IS THE GLOBAL CIVIL SOCIETY ORGANISATION LEADING THE FIGHT AGAINST CORRUPTION. THROUGH MORE THAN 90 CHAPTERS WORLDWIDE AND AN INTERNATIONAL SECRETARIAT IN BERLIN, WE RAISE AWARENESS OF THE DAMAGING EFFECTS OF CORRUPTION AND WORK WITH PARTNERS IN GOVERNMENT, BUSINESS AND CIVIL SOCIETY TO DEVELOP AND IMPLEMENT EFFECTIVE MEASURES TO TACKLE IT. www.transparency.org WE ARE A GLOBAL MOVEMENT SHARING ONE VISION A WORLD IN WHICH GOVERNMENT, POLITICS, BUSINESS, CIVIL SOCIETY AND THE DAILY LIVES OF PEOPLE ARE FREE OF CORRUPTION Editors: Alice Harrison and Michael Sidwell Design: Sophie Everett Cover photo: © Reuters/Yannis Behrakis Every effort has been made to verify the accuracy of the information contained in this report. All information was believed to be correct as of June 2011. Nevertheless, Transparency International cannot accept responsibility for the consequences of its use for other purposes or in other contexts. ISBN: 978-3-935711-79-1 Printed on 100% recycled paper. ©2011 Transparency International. All rights reserved. This report provides a snapshot of how the Transparency International movement was active in the fight against corruption in 2010. For the purpose of conciseness, national chapters, national chapters in formation and national contacts are referred to as chapters, regardless of their status within Transparency International’s accreditation system. Visit www.transparency.org/chapters for their current...
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...THE “BLOG” EXPERIENCE: WHEN FREEDOM BECOMES INVASION INTRODUCTION Francois Voltaire, one of France’s most famous philosophers became well-known for this often quoted phrase: “I may disagree with what you have to say, but I shall defend, to the death, your right to say it.” The phrase summarizes the spirit of the freedom of speech – one of the inventions of the 18th century Enlightenment, a time when discussions among the upper class were construed as constituting the public sphere. Although they belonged to the sophisticated members of society, their conversations highlighted social equality and everyone was given the chance to speak and be demanded to listen. With free and frank conversations, people became acquainted with points of view that were not familiar; they discovered strengths and weaknesses in their personal arguments, and subsequently became moderate in the expression of their views taking into consideration the arguments of others. With this small light ignited in the intellectual realm, the idealism of free communication of thoughts and opinions spread and became one of the trademarks of democratic societies. During the next century, John Stuart Mill affirmed that societies progress when people freely express themselves because errors and misconceptions are exposed, and alternatives were proposed. These sentiments became the backbone of the United Nations’ Declaration of Human Rights, adopted in 1948...
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...TITLE AND SUBTITLE 00-00-2008 to 00-00-2008 5a. CONTRACT NUMBER 5b. GRANT NUMBER 5c. PROGRAM ELEMENT NUMBER USN/USMC Commander’s Quick Reference Handbook for Legal Issues 6. AUTHOR(S) 5d. PROJECT NUMBER 5e. TASK NUMBER 5f. WORK UNIT NUMBER 7. PERFORMING ORGANIZATION NAME(S) AND ADDRESS(ES) Naval Justice School ,Newport ,RI 9. SPONSORING/MONITORING AGENCY NAME(S) AND ADDRESS(ES) 8. PERFORMING ORGANIZATION REPORT NUMBER 10. SPONSOR/MONITOR’S ACRONYM(S) 11. SPONSOR/MONITOR’S REPORT NUMBER(S) 12. DISTRIBUTION/AVAILABILITY STATEMENT Approved for public release; distribution unlimited 13. SUPPLEMENTARY NOTES 14. ABSTRACT 15. SUBJECT TERMS 16. SECURITY CLASSIFICATION OF: a. REPORT b. ABSTRACT c. THIS PAGE 17. LIMITATION OF ABSTRACT 18. NUMBER OF PAGES 19a. NAME OF RESPONSIBLE PERSON unclassified unclassified...
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...History of Ethics: 1908 – Canon of Ethics 1969-70 Model Code 3 parts: 1. ethical considerations → what lawyers should do. 2. disciplinary rules → what lawyers must do. good 3. BAR _______________ acceptable set minimum conduct bad 1983 – Model Rules – most states follow. Set forth rules & comments akin to DR (set forth minimum conduct acceptable) 2000 – Ethics 2000 Commission ▪ California Rules of Professional Conduct – the only state to reject the ABA’s model rules or code. ▪ Ethics are governed by the highest court in the profession, not the legislature ▪ Vast majority of states, state bars (looking to ABA rules, not CA though) come up with the rules. 1. Licensing and Bar Admissions ▪ Regulated by the states. Most jurisdictions have chosen to test as a means of acceptance to the bar. ▪ Residency Requirement: 1. Out of State Residents - May the state discriminate against who gets into the BAR on the basis of residency? No. Supreme Ct v. Piper – woman applied to NH bar, lives 400 yards from NH border & application denied. Piper was admitted despite the state’s claims that non-residents were less likely to be familiar w/ local rules, lawyers not living in NH can’t be trusted, and out of state lawyers are less available for in state proceedings. Rule: State bar cannot discriminate on the basis of residency. 2. Geographical Restriction – some states permit waiver of the bar exam – ex: if...
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