Abstract
The paper discusses how tort law appears to discriminate between different types of defendants such as public entities, rescuers, children, manufacturers, etc. when establishing a duty of care and to whom. The paper explains that this is because the law of torts is a specialized area of the law that seeks to account for damages in a civil setting that may occur because of a breach of that duty. Further, the paper notes that much of tort law has been developed randomly, many times to fill in gaps that exist in the law, and at other times, it is influenced by public policy. The paper explains that therefore, depending upon various factors, the duty of care can be high or non-existent depending upon the type of claimant and what type of duty of care a defendant breached.

From the Paper
"Tort law appears to discriminate between different types of defendants such as public entities, rescuers, children, manufacturers, etc. when establishing a duty of care and to whom. This is because the law of torts is a specialized area of the law that seeks to account for damages in a..."

Tags:tort, law, duty of care

Abstract
In this article, the writer argues that from a legal public policy perspective, prostitution should be decriminalized, as this would serve to remove the stigma from the profession, protect prostitutes from violence and disease, and regulate prostitution as business. The writer discusses that currently, prostitution is a public order crime in locations in which it is prohibited; a public order crime being defined as one in which it is not clear whether a victim or an offender even exist, or whether any harm has occurred.

From the Paper
"Although in many places throughout the globe and in all states, except Nevada, in the United States the practice is illegal and against public policy, the world's oldest profession continues to flourish. In ancient Greece and Rome, prostitution was a very important part of society, and in some case, prostitutes were required to be licensed and be listed on an official list of prostitutes."

Tags:public, policy, legal, prostitution

Abstract
The paper examines a public policy requiring employers to provide health care benefits to their employees. The paper includes one graph.

From the Paper
"Health care in the United States has gained national attention in recent years as news stories detail senior citizens traveling to Canada to purchase prescription drugs at more reasonable prices and the unavailability of a flu vaccine for most Americans that caused long lines for the doses that were available. Health care is a critical concern for most workers as well as their employers, since a key reason-other than vacations-that employees miss work is because of illness."

Tags:Wal-Mart, public policy, health care, health insurance, McDonald's, Proposition 72, Prop. 72

Abstract
This document discusses and responds to a series of four questions or statements regarding public policy and administration. These issues are group think, the budgetary stimulus in public administration, and strategic planning and oversight within the public organization. The distinction is made that public organizations are not only structured differently from private enterprise but that they are different by design rather than accident.

Outline:
Abstract
Public Policy Questions
Group Think
Group Think in the War on Terror
Incrementalism & Decision Making
Drucker and the Public Institution

From the Paper
"Group think is a dangerous rationale to rely on or to allow oneself to fall into within public policy administration. In fact it is a dangerous logical fallacy to fall prey to in any field. Shafritz and Russell mention the group think characteristics of an illusion of invulnerability and collective rationalization in their review of group think examples historically in the United States and more recently related to the Bush administration in the current Iraq War (2005, p.298). These and other characteristics commonly manifest themselves when policy officials become mired in excessive stereotyping and conformity relative to policy decisions and the information that leads up to those decisions. As the case points out, the current administration brooked little dissension in its own closely held ranks prior to and during the buildup up to the Iraq War and this has led to a virtual replay of the events that led up to the Vietnam War from a policy perspective (Shafritz & Russell, 2005, p.298). The results of this group think are just now becoming apparent as the administration and the people aligned with it are beginning to disintegrate in terms of their ability to maintain the facade of unanimity. This is the same type of coercive thinking and mindset which developed during the height of the technology bubble when so many executives within the technology industry knew that such lavish spending was unsustainable and certainly catastrophic when combined with little or no revenues but, when faced with the option of stepping in and curtailing spending, very few executives, such as those at Pets.com chose to do so. There was a collective rationalization that there would be no consequences to their actions and certainly ongoing self-censorship since many executives chose to simply keep quiet."

Tags:characteristics, revenues, rationale, policy

Abstract
This paper explains that, in his article, Hugh Miller's "Postmodern Public Policy" suggests that all knowledge is skewed by people's intentions. The author points out that Miller quotes Jacques Derrida's approach to knowledge and information as being either fact or fiction. This paper also examines the issue of how one determines between true and fiction.

From the Paper
"While searching through academic journal articles it has become apparent that postmodernism is the "term of the day" as it can be found in many print materials. The world of public policy, postmodernism is a slippery slope. Postmodern public policy is complex, particularly the formation and implementation aspects. This concept of public policy in the 21st century is really public management. In the latter part of the 20th century, approaches to public policy and public administration appear to have been more objective and neutral compared to previous years."

Tags:postmodern, policy, deconstruction

Abstract
This paper discusses computer security and its importance for organizations. The paper presents an information security strategic plan or "defense plan" as an overview of what needs to be done for any organization dependent on information technology as a business driver. The paper presents a case study of Commerce Bank and how they handled a breach in security.

Table of Contents:
The Hacking that was Thwarted
Managing the Risk
Defending the Network and the System
Information Security Policies
Assessment of Publicly Accessible Resources and Network Probing
Iinternal Security Assessment
Tools for Ongoing Defense
Third-party Audit and Assessment
Physical Security Assessment
Security Logs Analysis
Information Security Training and Awareness
IT Governance as Part of Executive Managment Responsibilities
Conclusion

From the Paper
"Commerce Bank is indeed lucky because as a result of good corporate governance and an information security methodology in place, no great harm was done. By immediately informing customers of what went on, the level of awareness was promoted thereby any attempt by the hackers to use the data for other nefarious activities will not be fruitful because those are already flagged by the law enforcement agencies especially the FBI. Information security was proven in this case to be a matter not only for the affected organization but community and society as well. From beginning to the end, clear lines of reporting and controls were defined that mitigated the risk at its onset. The information security strategic plan or simply "defense plan" presented in this paper is an overview of what needs to be done not only for the bank but any organization dependent on information technology as a business driver."

Tags:hacker, IT, database, fraud

Abstract
In this paper, the writer examines a case study to determine if an individual was properly classified as an independent contractor rather than as an employee. The paper reviews concepts including unlawful termination and breach of implied contact for continuing employment.

From the Paper
"We are presented with a scenario in which the key question is this: 'Is Mary properly classified as an independent contractor or an employee?' The IRS suggests that it is important to look at the amount of control the employer has over the individual. As a general rule the employer of an independent contractor has the right to control or direct only the result of the work done by an independent contractor and not the means and methods of accomplishing the result."

Tags:employer, employee, independent contractor, unlawful termiantion, discrimination, breach of implied contract, at will employment, breach of public policy, implied covenant of good faith and fair dealing

Abstract
This paper first reviews the facts in this case and discusses the liability issues when an operation is videotaped and circulated on the Internet without the patient's consent. Next, the author details prior legal cases to determine the employee-employer relationship between physicians and VSMMC government hospitals. The paper concludes that the causal effect of a medical's team breach in standard hospital procedures is established and, as government employees, the physicians and nurses comprising the medical team are liable under graft and civil service laws notwithstanding criminal and civil charges. The paper includes footnotes, which contain MLA-style references, and quotations.

Table of Contents:
Question Presented
Short Answer
Statement of Facts
Discussion
First Issue: Determination of Liability of Medical Team
One Operating Team per Operating Room
Use of Mobile Phones
Respect for Patient's Rights
Malpractice
Second Issue: Determination of Existence of Employee-Employer Relationship
VSMMC is a Government Hospital
Physicians are Employees of VSMMC
Hospital Liability
Conclusion

From the Paper
"Now, Arias contends that several of his actuations were simply manifestations of jubilation and relief for having conducted a successful procedure , and not expressions of bad faith or misconduct. He qualified his admittance of spraying the canister towards the crowd, by saying he was trying to determine whether or not it had leaked, for had it been so, another operation is necessary. Such an argument seems to be afterthought and does not validate the lack of professionalism he so wantonly exhibited in front of his colleagues."

Tags:confidentiality, solidary liability, hospital policies, documentation, public officers

Abstract
This paper is a creative case study on employment law. It relates to whether whether a worker is an employee or a consultant as outlined in the "Little Lamb Case" based on the fictional "Mary had a Little Lamb." The paper uses this nursery rhyme as an example of the unclear lines between being an employee and being a consultant.

From the Paper
"At the time of her discharge Mary was being treated by Little Lamb Company LLC as an employee rather than as an independent contractor. There are a number of factors that support the argument that Mary would be properly classified as an employee rather than as an independent contractor. According to an essay published online by Iowa State University there is a twenty question test that employers should use and the Internal Revenue Service does use to determine whether a worker is properly classified as..."

Tags:case study, employment law, little lamb, Breach of public policy, worker, employee, consultant, Breach of implied covenant of good faith and fair dealing, Breach of implied contract, employer/employee relationship independent contractor

Abstract
This paper is a case study involving a scenario in which an individual may or may not have been properly classified as an independent contractor. This paper examines the totality of the facts and intends to make a determination about whether or not this person properly classified and not what ramifications there are for the company when her services were no longer required when the contract work she was performing was completed.

From the Paper
"In my opinion, at the time of her discharge, Mary should have been classified by Little Lamb Company as an employee rather than as an independent contractor. According to Tom Willett in an essay published on the Ohio State University website, there are a series of questions that the Internal Revenue Service uses to determine whether a person working for a business should be properly classified as an independent contractor or as an employee. There are a number of answers to these questions that..."

Tags:Labor law, case study, employment at will, breach of public policy, implied covenant of good faith and fair dealing, independent contractors, qualifications