Abstract The paper examines land claims disputes and related issues. The paper begins with the history of
the oppression and subjugation of the native people and discusses how the governments' of North America established control over the indigenous Canadians and Native Americans. The paper further reveals how the nature and history of the European colonization and settlement of North America are paramount to the conflicts, issues and challenges, especially concerning claims to the land, that were presented at the time.
From the Paper "Beginning in the early eighteenth-century, native peoples in both Canada and the United States were subjugated and oppressed for more than two-hundred years as the Canadian and American governments established political, economic, social, and cultural dominance over native tribes and their lands. Comparing issues related to land claims, conflicts involving indigenous Canadians and Native Americans, and majority culture governments reveals that indigenous peoples face many similar challenges due to the nature and history of the European colonization and settlement of North America. While both indigenous Canadians and Native Americans have legitimate land claims and a host of other justified grievances, historians are in general agreement that American.."
Abstract This paper briefly discusses the history of the Kruger National Park which is considered to be an international icon and represents the heritage of South Africa. The paper also explains that thousands of people had to suffer so that the park could grow and flourish, and thousands of people have been displaced because of the bureaucratic decisions made by officials.The paper also emphasis that the park has a dark history of a war over land as there were land claims from the tribes that once populated the park.
From the Paper ''The establishment of game reserves in the Transvaal in 1889 before the park was founded as well as more recently is still an issue surrounded by controversy today. Game reserves are considered undemocratic by many due to the fact that the land is closed to the public and only available for use by certain privileged individuals. The governing of game reserves in the Transvaal was not well established at the time, which made it difficult to even define what constituted a game reserve. Those who took part in the establishment of these reserves believed it was a novel idea, and that they should be given credit this new and modern institution, however in actuality, game reserves had a long history going back many centuries. After the South African War from 1899-1902, the already existing game reserves were inherited by the new British government in place, and looked upon as a method of wildlife protection. No real function of these game reserves was ever announced during the life of the Transvaal Republic Government, and this was straightened out during the colonial Transvaal period. It was stated that game reserves were for sportsman, and that they would eventually contribute to the government after the antelope population returned to an adequate number and the reserves would then be open to the public who would pay to hunt. In addition to the colonial citizens, African residents also opposed game reserves because they alienated land and made it impossible to defend themselves from dangerous animals since Africans were not allowed to have weapons. In addition to this, many Africans were evicted from their homes and forced to live on native reserves or "locations", in addition to the fact that they were not allowed access to game as a means of subsistence. Africans were commonly arrested for "being in possession under suspicious circumstances of game meat".
Abstract This paper, presented as a research proposal, explores several topics relating to medical malpractice claims including whether or not increased claims result in decreased quality care. This paper discusses how on-going medical litigation impacts a patient's access to quality and specialized healthcare services. Thie researcher of this brief, yet concise, paper proposes to poll a sampling of 50 patients and 20 physicians using a tailored questionnaire to determine the extent to which patients and physicians feel malpractice claims have in fact impacted on the quality of healthcare. This writer also intends to analyze the medical malpractice claims from Denver's Bureau of Health Services from 1990 and up to the present.
Table of Contents:
Introduction/Background to Problem
Hypothesis
Literature Review
Research Design
References
From the Paper "Boulard cites many studies that clearly show the increasing costs of malpractice insurance affect specialist care. In 2002 alone more than 60 specialists at one critical care facility in Las Vegas left their jobs after another malpractice premium spike. The crisis results in closure of a 24-hour critical care center. The crisis emphases the potential for not only reduced care but complete lack of access to care for hundreds of patients in similar situations. While legislatures are working on solutions to such problems, the issue is far from resolved. In some medical facilities, physician assistants and nurse practitioners are performing procedures doctor's once did, simply because the cost of medical malpractice is too high for doctors to perform procedures themselves."
Tags: legal, medical, healthcare, lawsuit, patient, care, research, proposal
Abstract This paper examines the issue of arbitration and insurance claims. It begins by explaining a series of basic insurance terminology and then presents a history of the practice of insurance arbitration. The writer then explains the process of arbitration and insurance claims and how the process has changed over the years.
From the Paper "Almost thirty years ago, the Committee on Insurance Arbitration recognized the insurance industry's need for a Property Arbitration Forum. Today, its' successor committee is the largest system of its kind in the world. There was clearly a need to create a legal entity to administer the arbitration programs, and this concern led to the creation of a not-for-profit corporation that replaced the Committee on Insurance Arbitration. The Committee on Insurance Arbitration incorporated in 1981, under the corporate name of Insurance Arbitration Forums. Insurance Arbitration Forums remained the corporate name until 1986, when the Board of Directors eliminated the word "Insurance" from the name. This change reflected the expansion of Arbitration Forums' programs to include arbitration situations outside the insurance arena, although these additional mediation and arbitration services continued to fulfill the needs of the insurance industry. Because Arbitration Forums are intended to provide an objective and neutral administrative service, Arbitration Forums are considered to be respected and efficient providers of arbitration services. Arbitration is a means of settling controversies without resorting to litigation. Agreements to arbitrate are generally put into writing, and signatories are contractually obligated to arbitrate."
Abstract This paper examines if it is possible to find a solution to the problem of whether or not the veil of incorporation should be lifted as regards tort claims. It looks at how claims the only solution is to enact statutory tort law reform in England and provides an example of a leading case.
From the Paper "This research paper examines if it is possible to find a solution to the problem of whether or not the veil of incorporation should be lifted a regards tort claims. A solution can be found but only if statutory tort..."
Abstract This essay discusses Descartes' claim that knowledge must be based upon clear and distinct ideas, as our senses can deceive us. The writer gives examples of events that we cannot take for granted that we understand. The paper discusses the validity of Descartes' claims.
From the Paper "A Critical Account of Descartes' Claim that Knowledge Must be based on Clear and Distinct Ideas, Because our Senses can Deceive Us Most people are quite certain that they have knowledge of the world around us. For example, I am certain I am typing this essay, and you the reader are presumably certain you are reading it and about to grade it. However, Descartes set out to show that we cannot be certain about such things, and that in fact our knowledge must be based on clear and distinct ideas. He did this so convincingly and persuasively that his work on epistemology is still studied today."
Abstract This paper discusses how in his book, "Claiming the Mantle: How Presidential Nominations Are Won and Lost Before the Votes Are Cast", Butler argues that the process by which presidents are elected in the United States has never been truly on the up-and-up, but rather has always been controlled by behind-the-scenes actors with various agendas that have historically been the true key players in American presidential nominations and elections. The paper looks at how Butler argues that outcome is coordinated long before the actual events take place and that the extent to which these deep-rooted political structures and processes have influenced the course of the nation's history might come as a surprise to even the most politically informed and sophisticated American citizen today.
Outline:
Introduction
Review and Analysis.
Summary and Key Points of "Claiming the Mantle"
Analysis and Critique of Author's Methodology
Discussion of the Author's Conclusions
Important Implications of Author's Conclusions.
From the Paper "Money may not buy happiness, but it does help get a president elected and Butler emphasizes the importance of money to aspiring presidential candidates throughout his analysis. There are other forces at play, of course, the author advises, but by and large these all relates to coordinating candidate and political contributions to their maximum advantage. In this regard, the author emphasizes, "Without money and organization, a presidential candidate has no hope of winning the nomination" (Butler, 2004, p. 71). "Following the money" has always been a useful ways of finding out who benefits from what when there are some nebulous forces at work, and the presidential nomination process is no exception. There have been a number of new rules introduced over the years that have affected how and when these political contributions can be made and used, certainly, but the bottom line impact for most presidential candidates has remained the same. "
This paper discusses the United States Alien Tort Claim Act that is considered to be one of the most innovative pieces of legislation in the area of human rights protection.
Abstract In this article, the writer notes that in order to have a proper view on the importance of the Alien Tort Claim Act, a closer analysis must be taken into consideration. In this sense, the writer points out that the history of the Act in itself may point to the actual necessity for the drafting of the legislation. Also, the writer looks at points which might shed light on the usefulness of the Act as well as on the philosophical discussion on the relationship between civil and political rights and the economic, social, and cultural ones. The writer discusses that the Alien Tort Claim Act takes into consideration the violations of human rights made by multinational companies or different agencies around the world.
From the Paper "Speaking in general terms, it is rather hard to determine the extent to which a non binding type of protection is more efficient than a binding one. A possible combination of the two systems of protection can be said to benefit more than an actual separation or differentiation because the protection considered by multinational companies or national legislation on the other hand appears to be more efficient due to the fact that their goals are limited but also their resources, financial and legal, are stronger.
"The UN protection system has been set in place in order to give general guidelines on the proper practices that should be followed to insure a minimum standard of human rights protection. The UN Charter, along with subsequent documents that came to underline particular aspects of the document are relevant for pointing out the minimum requirements any system, political or corporate, must meet."
Abstract The paper discusses how the First Nations land claims, an ongoing saga in Canadian political and legal circles, are as a result of the Aboriginal culture's different attitudes towards land and property. The paper refers to the book "Green Grass Running Water" by Thomas King and shows how it partly reflects the differences between Aboriginal and white Canadian society in their distinct understandings of land and property.
Outline:
Introduction
Distinct Cultures, Distinct Concepts
The Roots of Difference
Lost in Translation
From the Paper "One of the fascinating aspects of the interaction of First Nations culture and European settler culture in the early years of Canada was how the two peoples often seemed to be speaking as "cross purposes" to one another. This applies particularly to the concept of land and its use. While both First Nations peoples and European settlers saw the land as a resource that could be used to support human survival, the First Nations peoples seem to have been surprised at the devastation the European settlers imposed on the environment that had supported Aboriginal populations for centuries."
Abstract The paper discusses the health claims associated with aromatherapy and comments that these claims are contested by the medical community. The paper notes that the interesting aspect of the phenomena is that even when in conflict with conventional medicine, aromatherapy continues to expand in use. The paper also notes the growth of the aromatherapy industry, despite the substantial range of unfounded claims that are associated with aromatherapy's benefits. The paper continues by warning that claiming medical use is dangerous and illegal, as it can misdirect a person suffering from a serious medical problem to a solution that will do little more than make her home and and body smell nice. The paper concludes that regulating such services is difficult, as the industry is frequently left to self-regulation, which usually consists of minimal disclaimers following the "medical" claims even if it is true that there are natural substances that have legitimate therapeutic value.
From the Paper "Though the blood brain barrier makes, direct brain absorption doubtful, it is likely absorbed by the olfactory circulation and sense and then if there is any effect on the brain it is through these mechanisms, not as a direct elemental addition to the brain. The work, attempts to stress that the only needed validity to such treatment is the proof that "We have all entered a room and smelt a distinct aroma that has made us feel good or totally uncomfortable." Though anecdotal evidence is fine for the development of products that are not claimed to cure diseases a list offered by one company includes: "depression, sex-drive problems, bronchitis, athlete's foot, high blood pressure, cystitis, head lice," as diseases that can be cured by essential oils."
Abstract Given the fact that the majority of motorists in the United States will eventually experience some type of vehicular accident during the course of their driving careers, the question of what factors are perceived as ensuring customer satisfaction in policyholders becomes critically important. This paper provides an examination of the importance of ensuring customer satisfaction in the settling of claims in the auto insurance industry. The paper presents research, which illustrates that, while some people may believe that only monetary compensation for such claims is the path to customer satisfaction, the reality is that an abundance of little things, such as promptly answered telephone calls or emails, a consistent demonstration of courtesy and respect, and a recognition that the individuals pursuing claims or responding to them are undergoing a stressful and emotional period in their lives, contribute greatly to the perception of customer satisfaction during the claims resolution process.
From the Paper "The costs associated with injuries resulting from automobile accidents are the most numerous and costly of all personal injuries in North America today (Dewees, Duff & Trebilcock, 1996, p. 15). In 1989, approximately five million Americans experienced auto-related injuries, 47,000 of which were fatal; the statistics for Canada were not quite so bad, but were still grim with more than 200,000 people being injured in motor vehicle accidents in 1985 and more than 6,000 fatalities (Dewees et al., 1996). The costs associated with these injuries are staggering; the economic costs such as medical expenses, wage losses, and other out-of-pocket expenses of automobile injuries in the United States have been estimated to have totaled $50 billion, with another estimate assessing the costs at $74.2 billion per year as the 1990s closed. "Further, despite steady decreases in the annual number of traffic fatalities in Canada and the United States since the mid-1970s, injury insurance costs have risen sharply during this period, increasing by about 140% in the United States from 1977 to 1987" (Dewees et al., 1996, p. 15)."
Abstract The paper analyzes a particular ethical marketing issue by focusing on diet supplements that use Hoodia Gordonii as an ingredient and claim to help individuals lose weight. The paper provides a thorough investigation and analysis of the claims, so as to grasp the ethical and legal implications of this marketing activity. The paper discusses how unethical marketing destroys a market. The paper concludes that the Hoodia Gordonii products is guilty of intentionally advertising falsely in order to maximize profits.
Outline:
The Magic Weight Loss Ingredient, Hoodia Gordonii: Can it Do What it Claims?
Ethical and Legal Implications of Hoodia Claims: A Comprehensive Analysis
Marketing Outcomes and Ethics: Examples from Hoodia Gordonii
Legality Versus Ethics: Lessons from Hoodia Gordonii
Consumer Bill of Rights: A Consideration in Wake of Diet Pill Scams
Social Marketing and the Organizational Culture: Where Does Hoodia Lie?
Conclusion
From the Paper "Hoodia is a natural herb, from a flowering plant, that was used by African villagers for treating various illnesses. It was later found that a component of the plant was an appetite suppressant (Adams, 2005, para 25). This chemical component called P57 was isolated and patented and licensed in 1996. This license was released by the original holders United Kingdom company Phytopharm in 2002 (this company had collaborated with the large pharmaceutical company Pfizer to develop an appetite suppressant)."
Abstract "The Right to Privacy by Ellen Alderman and Caroline Kennedy is an introduction to the wide variety of privacy claims made by American citizens and the fate of those claims in the courts. The book is intended for a general readership, rather than for legal scholars, and it is designed as if in answer to a list of points about privacy that almost any group of Americans would produce if they were asked to name the areas of privacy in which they were most interested. The authors respond to the prevailing idea in American society that there is some kind of legal protection for privacy rights.
From the Paper "The Right to Privacy by Ellen Alderman and Caroline Kennedy is an introduction to the wide variety of privacy claims made by American citizens and the fate of those claims in the courts. The book is intended for a general readership, rather than for legal scholars, and it is designed as if in answer to a list of points about privacy that almost any group of Americans would produce if they were asked to name the areas of privacy in which they were most interested. The authors respond to the prevailing idea in American society that there is some kind of legal protection for privacy rights. They demonstrate instead that, not only is there little explicit protection of privacy in the United States Constitution or in legislation, the laws that do exist often fail to provide the kind of protection people believe they promise. In addition, as the authors demonstrate with their..."
Abstract This essay will focus on a claim of value within the structure of Annette T. Rottenberg's style of argument with her book entitled "Elements of Argument". By analyzing a claim to value in an objective projected by a business, we can use these arguments to achieve a greater understanding of how a value can be projected onto an item and convincingly revealed. Value can be determined by the way that is presented in Toulmin' system of argumentation through the scope of a business writer like Rottenberg. The essay will cover her methods-via the Toulmin System- and seek to uncover a value claim within its perimeters.
