...enter this our solemn and determined protest” (Jefferson). In the years leading up to the American Revolution it was perhaps the case that the paper, not the pen, was mightier than the sword. In affirmation of the law of unintended consequences, the English imposed Stamp Act, which did what the colonists could not do for themselves: It united them. The new peace in Europe caused a fundamental shift in the...
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...The Role and Functions of Law Josephine Butrica University of Phoenix Ethical and Legal Topics in Business Tonia Cutchin February 15, 2016 When you think of the word Law you should think of Rules. According to Merriam-Webster Dictionary (Law). The whole system or set of rules made by the government of a town, state, country, etc. Laws are made to protect the masses; this can be you personally, a corporation or society itself. Companies and Business's need to be protected or held to the standard as everyone else. Following the Law is just like following guidelines, to what's acceptable and what's not. In a world that is growing at a fast paste through either populations or corporations and also shrinking in size, the rules and regulations can keep everyone safe. Due to federalism, both federal government and each state government have their court systems. The Federal court structure, Federal courts hear the cases that would involve the constitutionality of law. The federal court structure starts with the supreme court, The appellate courts, (12 regional circuit courts of appeals) (1 U.S court of appeals for the federal circuit). Trial courts or U.S District Courts (94 Judicial Districts) and the U.S Bankruptcy courts. This level also has the U.S Court of International Trade, and the U.S Court of Federal Claims. The last level the Federal Courts and Other entities outside the Judicial Branch. This includes Military Courts (Trial and Appellate) Court of Veterans Appeals...
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...Intellectual property differs from physical property Tangibility- You don’t have control over physical item Excludability- You can’t exclude others from use Non-rivalrous consumption- You can still use it even if stolen Purpose of IP is to encourage progress by giving ownership rights to owners for their discoveries Western IP is an INCENTIVE MECHANISM -what other ways can people be encouraged to innovate? 3 Major Justifications For IP Rights Utilitarian- incentive to promote common good (Thomas Jefferson) Economic- takes effort and doesn’t worsen anyone (John Locke) Moral-Authors have moral right toput themselves into work (BerneConvention) Publishers of information have moral right to claim ownership of their work and protect it from deformation, mutilation, or other modification Cases Against IP Rights * Why should one person have the rights to posses and use information when that information can be used in many places at once and not be consumed? * People pirate b/c they believe restricted access to information is unjustified Types of Rights Copyright: protects expression Applies to Literary works, Musical, pictoral, graphic, scultural, motion pictures, sound recordings, architectural, computer software Five Rights 1.Right to reproduce 2. Right to adapt it or derive other works 3. Right to distribute copies 4. Right to display publicly 5. Right to perform publicly Also Restricted -You can’t copyright an idea, only...
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...University of Phoenix Material Influences on the Constitution Table Write one or two paragraphs in each section. Include citations for your sources. Documents Summary What was its influence on the Constitution? Magna Carta Magna Carta, also called Magna Carta Libertatum or The Great Charter of the Liberties of England, is an English charter, originally issued in Latin in the year 1215, translated into vernacular-French as early as 1219,[1] and reissued later in the 13th century in changed versions. The later versions excluded the most direct challenges to the monarch's authority that had been present in the 1215 charter. The charter first passed into law in 1225; the 1297 version, with the long title (originally in Latin) "The Great Charter of the Liberties of England, and of the Liberties of the Forest," still remains on the statute books of England and Wales. The 1215 charter required King John of England to proclaim certain liberties, and accept that his will was not arbitrary, for example by explicitly accepting that no "freeman" (in the sense of non-serf) could be punished except through the law of the land, a right which is still in existence today. Magna Carta was the principal document forced onto an English King by a group of his matters, the feudal barons, in an effort to limit his powers by law and protect their privileges. It was followed and directly influenced by the Charter of Liberties in 1100, in which King Henry I had specified particular...
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...guide the ethical behavior of its civil service employees. From the founding of the nation, ensuring ethical behavior by government employees has been a recurring theme, and legislation, laws, and executive orders have been implemented at each stage of our government’s growth to guide federal employees in the ethical administration of their duties. However, at what point do the laws become too restrictive on the very citizens who have sworn to uphold our nation’s democratic values? A history of legislation, laws and executive orders is given along with the eventual backlash of court cases and demands for reform based on constitutional rights. For purposed of brevity, this analysis will focus on federal employees. Are Ethics Laws in the Federal Government a Violation of Constitutional Rights? Over two hundred years ago, with regard to ethics in the federal government, Thomas Jefferson wrote the following words “The right of any officer to give his vote at elections as a qualified citizen is not meant to be restrained, nor, however given, shall it have any effect to his prejudice; but it is expected that he will not attempt to influence the votes of others, nor take any part in the business of electioneering, that being deemed inconsistent with the spirit of the Constitution and his duties to it.”1 (CSC v. Letter Carriers, 1973, para. 25) Ethical behavior by public administrators was certainly on the radar of our founding fathers, long before the any official legislation...
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...MONTEREY, CALIFORNIA THESIS ANTHRAX VACCINE AS A COMPONENT OF THE STRATEGIC NATIONAL STOCKPILE: A DILEMMA FOR HOMELAND SECURITY by Thomas L. Rempfer December 2009 Thesis Advisor: Second Reader: Stanley Supinski Dean Lynch Approved for public release; distribution is unlimited THIS PAGE INTENTIONALLY LEFT BLANK REPORT DOCUMENTATION PAGE Form Approved OMB No. 0704-0188 Public reporting burden for this collection of information is estimated to average 1 hour per response, including the time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Washington headquarters Services, Directorate for Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302, and to the Office of Management and Budget, Paperwork Reduction Project (0704-0188) Washington DC 20503. 1. AGENCY USE ONLY (Leave blank) 4. TITLE AND SUBTITLE 2. REPORT DATE December 2009 3. REPORT TYPE AND DATES COVERED Master’s Thesis 5. FUNDING NUMBERS Anthrax Vaccine as a Component of the Strategic National Stockpile: A Dilemma for Homeland Security 6. AUTHOR(S) Thomas L. Rempfer 7. PERFORMING ORGANIZATION NAME(S) AND ADDRESS(ES) Naval Postgraduate School Monterey, CA 93943-5000 9. SPONSORING /MONITORING...
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...Creative Director Senior Designer Text Designer Cover Designer Production Management Services Senior Illustration Editor Photo Editor Photo Researcher Senior Editorial Assistant Executive Media Editor Media Editor George Hoffman Franny Kelly Maria Guarascio Dorothy Sinclair Valerie A. Vargas Karolina Zarychta Harry Nolan Madelyn Lesure 4 Design Group Wendy Lai Elm Street Publishing Services Anna Melhorn Hilary Newman Teri Stratford Emily McGee Allison Morris Elena Santa Maria This book was set in Janson TextLTStd-Roman 10/13 by MPS Limited, a Macmillan Company, Chennai, India and printed and bound by R. R. Donnelley & Sons. The cover was printed by R. R. Donnelley & Sons. This book is printed on acid free paper. ∞ Founded in 1807, John Wiley & Sons, Inc. has been a valued source of knowledge and understanding for more than 200 years, helping people around the world meet their needs and fulfill their aspirations. Our company is built on a foundation of principles that include responsibility to the communities we serve and where we live and work. In 2008, we launched a Corporate Citizenship Initiative, a global effort to address the environmental, social, economic, and ethical challenges we face in our business. Among the issues we are addressing are carbon impact, paper specifications and procurement, ethical conduct within our business and among our vendors, and community and charitable support. For more information,...
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...The Panama Canal: From Yesterday to Tomorrow By Clarence Moore North Lake College Introduction to Business Logistics LGMT-1319-73471 Professor Jeffrey Wendt April 2013 When the first European, Rodrigo de Bastidas, reached Panama in 1501, he could hardly envision the magnitude of the Isthmus’ future. As more Spanish caravels arrived, the search for gold was intensified. A shortened route from the Atlantic Ocean to the Pacific Ocean was not found by Magellan, who conceived of going around Cape Horn or passing through the Straits that were to bear his name. When sea routes were found to be to long the Spaniards turned to overland crossings, and when Vasco Nunez de Balboa first crossed the Isthmus of Panama in 1513, he initiated a ceaseless march of traffic. Panamanians are still proud of the curious Balboa who discovered the Pacific, surveyed the Panama route across the Central America Isthmus and found that there existed a difference in the levels of the respective oceans. The Conquistador Herman Cortes was certain that no natural waterway existed between the Atlantic and the Pacific, and he expressed a desire to construct a sea passageway through Panama, Darien, Nicaragua, or Tehmantepec. The dreams of the foresighted Cortes went for naught as it was almost three centuries before serious consideration was again given to the construction of an interocean waterway (Liss). From the beginning of the sixteenth century until the beginning...
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...Executive Summary: On January, 1998, the Senior Executives of DuPont are considering possible divesture of Conoco. Based on financial analysis and economics data analysis, I propose that divest 40% shares and keep the mainly control of Conoco. We believe that divesting Conoco from DuPont will: - permit DuPont to expand its life sciences business, while at the same time allowing Conoco to pursue its investment program in new and capital-intensive oil and gas projects; - facilitate future partnerships, combinations and other arrangements between Conoco and other entities in the oil and gas business; - allow each company to offer incentives to its employees that are more closely linked to its performance; - permit each company to focus its managerial and financial resources on the growth of its business (2) And we also believe that by controlling Conoco, DuPont will: - benefit from the cost of control, promote competitive in other market which need to use crude oil as its raw material. - gain from the increasing price in crude oil in future cause the resources is nonrenewal. Thus, based on financial and economics perspectives, DuPont need to divest 40% of Conoco and keep control the rest of it. Analysis Ladies and gentlemen shareholders, Chairman, Director and Managers, It is a great pleasure to greet you all once again on behalf of the managers of DuPont, and welcome you to our shareholders’ meeting. Today, I have a big decision to announce...
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...Assignment Five College Athletes and Compensation Professor Adam Lawrence Strayer University June 9, 2013 PART I: PROBLEM The goal of this paper is to focus on evidence that college athletes, specifically, football players should be compensated for the talents they demonstrate on the field; for many reasons. It is well documented that college presidents, coaches, athletic directors often think of athletics as the “front porch” of their campuses (Weaver, 2011), as it relates to college revenues. Weaver further maintains that college athletes, especially football players, are needed to generate the revenues to build both and support a winning football team, and athletics department. And historically colleges rely on ticket sales, game programs, and advertising revenues, to do so. Additionally, coaches’ salary and facility renovations also are factor in terms of colleges and universities needing to generate revenues as well. But before the former can be brought to fruition colleges must first persuade the most talented athletes to their school. What criteria do colleges and universities utilize when recruiting athletes with regard to talent, academics, finances, and student population? Additionally, what perks are colleges and universities offering these athletes to entice them at a minimum to the said front porch? Let’s start by first exploring how colleges and universities generate revenues. First, warning sign (problem) is that billions in annual revenues...
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...[Enter Document Title] Foundations of the U.S. Legal System Prof. William Ewald Contributors Wim De Vlieger Suvitcha Nativivat Alasdair Henderson Ana Carolina Kliemann Alexey Kruglyakov Rafael A. Rosillo Pasquale Siciliani Paul Lanois Gloria M. Gasso Kamel Ait El Hadj Yuanyuan Zheng Ana L. Marquez Pumthan Chaichantipyuth Wenzhen Dai Penn Law Summer 2006 I. Introduction and Historical Background A. What the course will cover? This is not an introductory course. You are all lawyers; I shall assume a good deal of professional expertise, and that many of you already have a body of knowledge about American law. The task: prepare you for the coming year, give you the basic grounding that you will need for the courses you are going to start taking in September. For this, you need two things: ♥ A great deal of basic factual information about how the courts and the legal system function, and about basic legal concepts (and legal vocabulary); ♥ But more importantly: background information about some of the critical ways in which the American legal system is unique, and differs from legal systems elsewhere in the world. This is hard: often you will find that your professors or fellow‐students will make assumptions or presuppose certain ways of doing things that aren’t explained in class. A large goal of this course is to explain those assumptions...
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...u05a1 Parameters of Ethical Decision Making Kathleen J Higgins Ethical Theories and Principle are decision making tools that managers may use especially during ethical dilemma. There are five common ethical decision making approaches that can assist manager based upon what is good in each situation. Utilitarianism or consequentialism, as just what its term “consequentialism” means. This paradigm is developed [originally] by Jeremy Bentham (1748-1832) and John S. Mill (1806-1873). Judges one’s action based on the maximums of the good in the world. In this approach, the manager evaluates how the decision will affect [directly] the employee(s) and others. The managers identify the potential positive and potential negative consequences. If it will results “to the greatest good and for the greatest number,” the manager using the utilitarian approach is feasibly will make dubious decision. Utilitarian ideology is that it is ethical if the result will only give the “greatest advantages and benefits, and to the greatest number of people.” The theory seems to point out a situation in which it seems to provide the wrong answer to an ethical dilemma. I think of Dr. Kevorkian a good example using this approach. As this approach contemplates both bad and good, utilitarian’s rationale in this situation was to stop the pain for the suffering patient and maybe stop the financial...
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...Executive Summary: On July the 4th, 1776, in the unanimous Declaration of the thirteen united States of America, Thomas Jefferson expressed how “all men are created equal” (The Declaration of Independence, 1776, [Online]). Although the circumstance in which it arose differed considerably, when coupled with the current financial crisis and its revelations of unethical practices, it is filled with irony. It is in this context that the report will adopt the position of internationl mandatory regulation as opposed to the voluntary option. For these ends it will employ several actors such as the Global Compact in order to demonstrate the organisations who are leading the way in Corporate Social Responsibility. However, as the report will show, due to its predatory nature, financial sector requires more than voluntary organisations. The crux of the argument is that regulation needs to be international due to the interconnectedness and interdependence caused by globalisation, and it needs to be mandatory due to the predatory nature of the financial system. Introduction: In light of the 2008 financial crisis, this report will argue for international mandatory regulations in the financial sector to enhance its Corporate Social Responsibility (CSR). The banks for International Settlement and the Basel Committee have made positive steps to enhance understanding of key supervisory issues and improve the quality of banking supervision worldwide (Banks for International Settlement...
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...Marketing Principles and Analysis MKT 305 Winter Quarter 2014-2015 Instructor: Bill Froese Office Location: See Blackboard Office Hours: See Blackboard Phone: 224-616-4789 Email: wfroese@robertmorris.edu Course: MKT 305 Quarter Hours: 4 COURSE DESCRIPTION: This course will introduce students to key marketing principles including the marketing concept, management of the marketing mix (product, price, place and promotion), analysis of the external environment, ethical issues in marketing, segmentation, targeting and positioning. This course examines how organizations discover needs or wants that they can serve in the market place. Upon completion of the course, students should understand and appreciate the significant role that marketing plays in our fast-changing global marketplace. LENGTH OF COURSE: 10 weeks TEXTBOOK: Boone, Louis E. and Kurtz, David L. Contemporary Marketing, 15th Edition 2013. Mason, Ohio. Southwestern/Cengage, 2013. ISBN: 978-1-111-57971-5 NOTE: Make sure you get the 15th Edition and not the 16th! There is also a bundled package including the Text with Blackboard MindLink for CourseMate and e-text access printed access code card. ISBN: 978-1-305-59157-8 Finally, you can get the Blackboard MindLink for CourseMate and e-text access printed access code card. ISBN: 9781285369488 Special Note Regarding CourseMate: CourseMate supplemental resources are bundled with the purchase of a new textbook. CourseMate can become...
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...http://hr.blr.com/whitepapers/Staffing-Training/Leadership/10-Qualities-that-Made-Abraham-Lincoln-a-Great-Lea 10 Qualities that Made Abraham Lincoln a Great Leader By Catherine L. Moreton, J.D. Capacity to Listen to Different Points of View While researching her Pulitzer Prize winning book, Team of Rivals: The Political Genius of Abraham Lincoln, Kearns Goodwin learned that Lincoln had the capacity to listen to different points of view. He created a climate where Cabinet members were free to disagree without fear of retaliation. At the same time, he knew when to stop the discussion and after listening to the various opinions, make a final decision. Ability to Learn on the Job Lincoln was able to acknowledge errors, learn from them, and then move. In this way, he established a culture of learning in his administration, said Kearns Goodwin. Ready Willingness to Share Credit for Success In response to concerns expressed by friends about the actions of some of his Cabinet members, Lincoln stated that the "path to success and ambition is broad enough for two" said Kearns Goodwin. When there was success, Lincoln shared the credit with all of those involved. Ready Willingness to Share Blame for Failure When mistakes were made by members of his Cabinet, Lincoln stood up for them said Kearns Goodwin. When contracts related to the war effort raised serious questions about a member of his administration, Lincoln spoke up and indicated that he and his entire Cabinet...
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