This paper argues that tort reform would have precisely zero effect on the health insurance costs of Americans and would have very serious harmful effects on the lives of Americans who find it necessary to seek relief through a malpractice lawsuit.
1,935 words (approx. 7.7 pages), 6 sources, MLA, $ 61.95
Abstract This paper explains that tort reform, putting a cap on jury awards in malpractice suits, is exactly what the insurers want because, in addition to making a handsome profit on their medical malpractice lines as it stands, they would then have to pay out even less. The author points out that reducing consumer health insurance costs would be better served by a systematic effort to weed out bad doctors and prevent malpractice. The paper stresses that, even if there were a link between medical malpractice insurance costs and consumer health insurance costs, the culprit is the insurer itself because it is not allowed, by law, to raise rates in response to big payouts; insurers are allowed to raise rates when their projected investment income declines.
From the Paper "The suggestive portion of the NAIC findings is this: although malpractice insurance premiums make up such a small portion of health-care costs, medical malpractice as a line of insurance demonstrated the highest profit as a percentage of premiums (Stewart, 21+), making it very lucrative for the insurance companies. Further, losses paid by those insurers in 1991 came to only about 31 cents of every $100 of health care costs; remember, malpractice premiums accounted for 64 cents per $100 spent, leaving 33 cents for the company out of each $100. While the amount spent on malpractice insurance by the consumer, trough his or her medical expenditures, is negligible, there are a lot of people spending $100 frequently, massing up piles of 33 cents for the insurers."
An analysis of the Patriot Act, which was passed in the wake of the 9/11 terrorist attacks and gives sweeping powers of search and surveillance to the law enforcing agencies.
Abstract This paper discusses the controversy that still surrounds the Patriot Act and examines its impact on the law enforcement agencies and the Fourth Amendment. The USA Patriot Act, which was signed as law in the wake of the 9/11 terrorist attacks, gives sweeping powers of search and surveillance to the law enforcing agencies and is aimed at eliminating the terrorist activities in the U.S. The Department of Justice and the Bush administration claim that the Patriot Act has been instrumental in preventing further terrorist attacks in the U.S. after 9/11. However, the civil libertarians claim that the Act severely compromises the civil liberties granted in the U.S. Constitution and violates the due process law of the Fourth Amendment.
From the Paper "The Bush administration and the US Department of Justice insist that the Patriot Act is not aimed at restricting civil liberties and consists of only modest, incremental changes in the law in order to preserve the lives and liberty of the American people from the challenges posed by a global terrorist network. The Department of Justice Website claims that following its passage, the Patriot Act has played a key part in a number of successful operations to protect innocent Americans from the deadly plans of terrorists. (The USA PATRIOT Act: Preserving Life and Liberty, 2003) Others such as the American Civil Liberties Union (ACLU) beg to disagree and denounce the defense of the Act by the government as misleading and dishonest. Their main worry is that the expansion of police powers and the reduction of personal privacy do not make Americans any safer from terrorists - it only allows the government to interfere with the privacy of its citizens."
Abstract This paper addresses an issue that is central to America's constitutional foundations, that is, the ongoing conflict between the First Amendment and the Sixth Amendment. It focuses on the current controversy about video cameras in the courtroom and the impact they might have on the free press/fair trial debate.
From the Paper "The print press currently has legal reasoning that supports the coverage of courtroom proceedings. One of those reasons is that the public has a right to know what is going on in the cases, and the press is the only way they can find out about it. The Supreme Court has made it clear that cameras in the courtroom can be constitutionally permitted, because the presence of a camera does not make a trial unfair."
Abstract Following the collapse of Enron and WorldCom and the flow on effects to Arthur Anderson, legislatures world wide are recognising the need to reform the exposure of auditors and their firms to claims of negligence. This paper examines the merits of limiting the legal liability of auditors. The paper considers the measures recommended in Corporate Law Economic Reform Program (CLERP 9) and explores other practices adopted around the world.
From the Paper "Many of the principles setting out the legal liability of auditors are found in the common law. In the case Re: London & General Bank Ltd (No. 2) , the court held that an auditor must exercise reasonable care and skill, the level of which was dependant on the circumstances. These findings were confirmed in Re: Kingston Cotton Mill Company (No. 2) , where Lopes stated that the auditor was "...a watch-dog, but not a bloodhound" and that he was only required to investigate matters which aroused suspicion. These standards of reasonable care and skill are not static, they change with time, per the findings of Pennycuick J in Re: Thomas Gerrard & Son Ltd."
Abstract This paper explains that the court case of "Tinker verses Des Moines Independent Community School" (1969) stated that students do not shed their constitutional rights at the school house doors; therefore, a student's freedom of expression in school must be protected unless it would seriously interfere with the requirements of appropriate discipline. The author points out that advocates for school uniforms base their need on the rationales that uniforms save money, time and undue stress to both students and parents, prevent students from wearing gang related clothing hiding the ability to conceal weapons and identify students who belong to the school and prepare students for the conservative dress of the real work-world. The paper relates that the opponents against required student uniforms base their arguments on the fact that there is no supporting evidence that uniforms improve school success, the uniforms are expensive and uniforms do not cut down on school violence.
Table of Contents
Introduction
Pro Uniforms
Con Uniforms
My Neutral Voice
From the Paper "Because of the lack of statistical data, both sides of the uniform issue have strong points and are correct. There is no right answer and the debate will continue on forever unless both sides agree on a mutual acceptable consensus. Some possible solutions would be for both sides to agree to disagree and develop a dress code that highlights the needs of both sides, for example respects human rights but at the same time teaches students to dress for success. Both sides of the debate will gain in the long run, as well as the student. Parents will teach their children the art and skill of collaboration, working together, and reach consensus to achieve a common goal."
Abstract This paper describes the disastrous Enron accounting scandal and how it brought financial destruction to thousands of investors, as well as the resulting Sarbanes-Oxley Act, an act intended to protect investors by mandating the accuracy and reliability of corporate disclosures to the public. The paper recounts the rise of Enron and its financial ruin brought on by fraudulent investments and accounting practices. The paper further describes the Department of Justice investigation into the scandal, its implications, indictments in the scandal and the many important features of the Sarbanes-Oxley Act.
Outline
Introduction
Enron History
Enron's Fall
Implications of the Enron Scandal
The Sarbanes-Oxley Act
Conclusion
From the Paper "Imagine, one day you are gleefully planning for retirement, you've just received your retirement fund statement and your diligent savings has grown nicely over the years. In fact, you envision traveling the country, during your golden years, or perhaps taking that European cruise you've so dreamed about. Yes, you're finally seeing the light at the end of the tunnel, your careful savings is finally about to pay off. However, in the next moment, it's gone! Completely. Gone are your dreams of cross-country sight seeing. Gone are your dreams of cruising the Mediterranean. In place of these dreams is the nightmare of the reality that your retirement savings is now not worth the paper the statement is printed on. That nightmare is the reality many Enron investors had to face."
Abstract This paper describes the four legal sources of privacy rights, which an employee has in the workplace. The author points out the way competition between the employee and employer impact the issue of privacy rights. The paper discusses the inclusion of privacy rights in employee handbooks.
From the Paper "Employers are increasingly concerned with issues related to employee privacy. Mark Lies noted that an employee generally has four sources of privacy rights within the workplace: Constitutional statutes, state, common law and contract. Within every workplace, there is a constant competition between the interests of the employer and the employee, which directly impacts these privacy rights. Lies notes that conflict between employers and employees over issues related to privacy often focus on the use of personal information regarding the employee observation and regulation of employee conduct."
Abstract This paper examines the application of the Occupational Safety And Health Act (O.S.H.A.) in the current employment environment. It describes the impetus of O.S.H.A. Law and how it evolved from organized labor activity to more widespread application.
From the Paper "According to an essay by Judson MacLaury published on the U.S. Department of Labor website, by the number of industrial accidents coupled with reports of increases in occupational diseases and work-related disabilities prompted Congress to pass the Occupational Safety and Health Act the O.S.H. Act in an effort to ensure a safe and healthy working environment for all employees. Thus, the evolution of laws governing worker safety shifted from laws passed by the various States offering varying degrees of protection to workers, to a federal law ... "
Tags: OSHA. Law, federal regulation, union labor relations, workplace injuries
Abstract This essay contains two case briefs, one for a real property case and one for an intellectual property case. Furthermore it answers six questions which the customer wanted included. The questions deal with real and intellectual property law.
From the Paper "Facts: The city of New London, Connecticut was in need of economic revitalization so when the Pfizer corporation began to construct a new facility on the outskirts of a residential neighborhood, the city reactivated "the New London Development Corporation, a private entity under the control of the city government, to consider plans to redevelop the Fort Trumbull neighborhood and encourage new economic activities that might be brought by the Pfizer plant" (Kelo, 2006, p. 3). The corporation came up with a development plan which the city approved. The corporation offered to purchase the lots of Fort Trumbull which it would need, however some owners of the properties did not wish to sell."
A discussion on whether the Equal Pay Act of 1963 and the Civil Rights Act of 1964 have managed to meet their intended objective of eliminating discrimination in relation to equal pay.
1,125 words (approx. 4.5 pages), 4 sources, 2006, $ 44.95
Abstract Legislation relating to discrimination in the workplace that affects modern workers can be related to the Equal Pay Act of 1963 and the Civil Rights Act of 1964. The Equal Pay Act focused on gender and wages, attempting to create a national law that prohibited employers from paying women less than men for the same type of work. This paper maintains that, unfortunately, discrimination in relation to equal pay still exists in the United States, demonstrating that these laws had little effect on the realities within the workplace.
Abstract This paper summarizes the provisions associated with Title VII. It details the history and evolution of Title VII and how it aims to ensure equality for people of all races, religions, genders, ages, and disabilities. The paper discusses Title VII's workplace application. It details who is and who is not covered under Title VII and describes policies that companies should employ in order to avoid Title VII violations.
Table of Contents:
Abstract
Title VII
The History and Evolution of Title VII
The Impact of Title VII in the Workplace
Title VII Coverage
Avoiding Title VII Violations
Conclusion
From the Paper "Understanding the rights of employers and employees is critical to the success of any organization. Employers have a responsibility to ensure equality for people of all races, religions, genders, ages, and disabilities and should not tolerate discrimination of any form. This paper provides a summation for provisions associated with Title VII. The history and evolution of Title VII will be detailed along with workplace application, who is and who is not covered under Title VII and policies that companies should enact to avoid Title VII violations."
Abstract This paper examines the issue of strategic planning for a company specializing in plastic injection molding and design, Riordan Manufacturing. The paper points out that strategic planning is the very essence of long-term survival for a business. Since publicly-owned corporations like Riordan Manufacturing have the primary goal of maximizing shareholder wealth, strategic planning centers on the long-term growth in a company's financial position. Also, Riordan Manufacturing must constantly keep abreast of local, state, federal, and international laws, since a simple legislative act could affect them in any number of ways. Another primary concern is that of competition. The paper also suggests that Riordan Manufacturing should construct much of its budget based upon its economic forecast. The paper concludes that Riordan Manufacturing seems well-poised to continue its growth in the plastic injection molding industry, and appears to adhere to sound financial planning strategies, leaving little doubt that its shareholders are being appropriately represented.
Outline:
Strategic Planning
Economic Forecast
Master Budgeting Process
Assumptions
Conclusion
From the Paper "The formulation of any projected financial data must naturally include some assumptions. In the case of cash budgets, one important assumption of that of sales compared to collections from sales. Riordan quite clearly expects to collect revenue from sales during the month following the actual sale. For example, projected sales for July total $5,350,200 whereas projected collections from those sales are expected to be received in August under the cash budget.
"Another assumption appears evident in interest income. Given that collections from sales occurs up to a month--and possibly later--after the actual sale, Riordan has anticipated the interest income to be a fairly steady amount; as the figure does not change at any point throughout the fiscal year."
Tags: shareholders, stockholders, investors, plastic, injection, molding, industry
From the Paper "In his dissenting opinion on a 1919 case, Justice Holmes wrote, ?[W]e should be eternally vigilant against attempts to check the expression of opinions that we loathe and believe to be fraught with death...? (Abraham and Perry 157). The case was Abrams v. United States, a freedom of speech case dealing with the distribution of socialist literature during World War I. There were other similar cases in the early part of the 1900s such as Schenck v. United States, Frohwerk v. United States, Debs v. United States, and Gitlow v. New York (Abraham and Perry 154-5, 156, 158). Although these cases laid the foundation for all of the freedom of expression cases that would later come before the Supreme Court, they did little when compared to the free speech cases that came before the Court in the 1960s. While the cases in the early part of the century were important for the precedents that they set, freedom of expression cases during the 1960s changed American government and politics. Supreme Court decisions on freedom of expression cases during the 1960s placed never before seen limits on governmental power and guaranteed the protection of several fundamental rights."
An argument that the American constitution was intended to keep the power out of the hands of the people, and specifically addressed the grievances and purveyed the interests of the founding fathers.
1,080 words (approx. 4.3 pages), 3 sources, 1999, $ 37.95
From the Paper "The 1789 constitution, at the time of its authoring, truly seemed a liberal and enlightened document. Although, at the time, it provided the most democratic system of government in the western world, the authors of the constitution, the founding fathers, certainly did not fail to provide for their own well being. The constitution was not only intended to keep the power out of the hands of the people, but it specifically addressed the grievances and purveyed the interests of the founding fathers. The constitution, though it provided a less tyrannical government that the colonists had endured as subordinates to the British, truly epitomized the self-interest of the authors. "
