Abstract
This paper presents an in-depth discussion of wrongful dismissal, citing a Canadian case to emphasize the flaws in the system. The paper further notes how J. Echlin referred to just cause in employment termination as "the capital punishment crime of employment law." The paper also hows it follows that the onus is on the employer to exercise great care and discretion in how it goes about establishing that just cause exists. The case of Tong v. Home Depot of Canada is an example of showing that the burden of proving just cause lies with the employer.

From the Paper
"In Tong v. Home Depot of Canada the plaintiff was successful. In Daley v. Depco International Inc. the defendant was successful 3. I think that J. Echlin meant that as dismissal without notice is such a severe punishment (the most severe punishment an employer can give to an employee), it is incumbent upon the employer to exercise great care and discretion in how it goes about establishing that just cause exists."

Tags:wrongful, dismissal, law

Abstract
This paper outlines the major aspects of employment law that need to be considered by an organization. It bases its discussion primarily on a case analysis from a simulation based on the company, FastServe Incorporated. The simulation presents five candidates for dismissal and examines major areas of employment law and the legal implications surrounding dismissals.

Table of Contents:
Introduction
Regulatory Circumstances: Understanding Employment at Will & Collective Bargaining
The Agency Principle
Legal Risk and Business Risk

From the Paper
"In conclusion, as shown from the simulation, employment law and the auspices surrounding the issue are expansive. The legal issues in the workforce stem from hiring, interviewing, dismissals and all aspects of labor activities. Employment risk plays a major part within this overall area. As shown from the simulation, it coincides with all legal issues in the workforce and even outlines aspects of the principal-agent problem studied in economics. Nevertheless, its understanding is important to the sustainability of an organization as is clearly outlined for FastServe."

Tags:workforce, discrimination, resourcefulness

From the Paper
"The Paula Jones lawsuit has occupied the attention of the news media for a long time, and even with the discovery of new scandals about President Clinton, the Jones suit has remained a central issue. Other scandals are talked about as if they were related to the Jones suit. This makes the dismissal of the lawsuit on April 1, 1998 a major event, and it has been treated as such in the news media. This does not mean the lawsuit or its dismissal have clear meanings, and the way each has been talked about shows that the media cannot decide a number of things about the case or about the fact that it has been dismissed. In the early hours after the dismissal, the media speculated about what this meant--did it mean the case was over, would it be appealed, what does this say about the issues involved, and so on.

John Riley and Shirley E. Perlman in Newsday announced that.."

Abstract
The paper explores the ethics of the practice of terminating patients for lack of compliance to prescribed medical treatments. The paper also researches the ramifications of this practice for the patient and for the medical practice. The paper then looks at the alternatives to dismissing a patient and discusses the steps that can be taken by the nurse practitioner to help avoid this unfortunate event.

Outline:
Factors Affecting Patient Noncompliance
Legal Ramifications of Discontinuation of Treatment
Conclusion

From the Paper
"Advanced Practice Nursing represents a partnership between the patient and service provider. Many times the success of the treatment plan depends on the patient taking responsibility for compliance with certain prescribed actions. Examples of these actions include taking prescribed medication as directed, following a certain diet, or following an exercise regimen. If a patient does not follow the treatment plan, it can jeopardize the outcome of the treatment. Many physicians and other medical practitioners now view patient noncompliance as a breach of the relationship."

Tags:medication, discontinuation, treatment, communication

Abstract
This paper describes a scenario where a patient manipulates his physician and lies about his medical background in order to obtain drugs for his substance abuse problem. The paper examines the responsibilities of the physician, whether he is ethically allowed to 'fire' the patient from his care and other issues to consider. The paper also includes a check-list for dismissing a patient.

From the Paper
"This case is one of highly visible contradictions. The patient demands treatment and when it is provided, rejects it out-of-hand, attempts to self-prescribe, or adheres to the treatment plan only sporadically. The patient's self-defeating quest for chemicals that have been conclusively identified to exacerbate " if not advance " the primary diagnosis and the inclusion of his primary physician in the contraindicated use of these chemicals flies directly in the face of the oath to "do no harm" that all physicians take prior to practicing medicine.
Firing a patient is rarely an easy decision. The driving reason for entering medicine is to heal and serve humanity. No one can be expected to work well with everyone and physicians are no exception. When the foundation of trust is eroded to the level that Sam perpetrated through his lies, drug-seeking behavior, noncompliance, and ambivalent self-care, the Physician's dismissal was requisite to self and practice preservation."

Tags:Hepatitis, C, pharmaceutical

Abstract
This paper examines the Iraq war from within the framework of the 'just war' theory and the legal parameters established by the United Nations through the Law of War. Through a critical analysis of the justifications presented for the war versus both the letter and the spirit of international law, the paper argues that this is an illegitimate war. The paper contends that the United States is in violation of international laws.

Outline
Introduction
The Legitimacy Question of the Current War
The Doctrine of Preemption and International Law
United States' Violations of International Law
Conclusion

From the Paper
"Following the destruction nations suffered in the wake of World War Two, the international community realized the necessity of establishing mechanisms for the prevention of war and the control of warfare. One means of preventing war was to establish a set of laws, outlining the precise circumstances under which wars may be conducted. The legal circumstances under which war can be conducted are expressed in the United Nations' Charter and the Law of War, both of which are based on the "just war doctrine" (Falk). The just war doctrine emphasizes the difference between wars that are morally principles and which are, basically, justified and those which are neither justified nor based on accepted principles. According to the United Nations' Charter, wars are just only in two cases. The first case is if it is a war of defence against a real threat, or against an actual attack, carried out by another nation (Falk). The second case is if the United Nations Security Council determines that a particular nation is in violation of international law, persistently rejects the application of international law and denies the validity and legitimacy of its institutions, thereby constituting a real threat to regional/global peace and security (Falk). In this case, the United Nations Security Council passes a resolution that legitimizing and authorizing war (Falk). This is what occurred during the first Gulf war of 1991."

Tags:defence, destruction, just

Abstract
This paper examines the fact the history shows that uncertainties of a fragile First Amendment during times of crisis are well founded, as seen in the post September 11th era. It defines and provides a history of the First Amendment. It uses numerous legal cases to support its claims. The paper describes the Five Freedoms. The author states that the First Amendment right of free association has been rigorously compromised, particularly for those connected with Muslim organizations that the government believes supports anti-American causes.

Table of Contents
History and the First Amendment
Free Expression on Private Property
Hate Speech
Clear and Present Danger
The Problem of ''Symbolic Speech.''
Conclusion
Reference:
Works Cited

From the Paper
"The most basic element of freedom of expression is the right of freedom of speech. The right to freedom of speech allows individuals to utter them without interference or constraint by the government. The Supreme Court requires the government to provide extensive justification for the interference with the right of free speech where it attempts to normalize the content of the speech. A less rigorous test is applied for content-neutral legislation. The Supreme Court has also recognized that the government may proscribe some speech that may cause a breach of the peace or cause violence. The right to free speech includes other mediums of expression that communicates a message."

Tags:freedom, experssion, speach, right, individual, supreme, court, content-neutral, legislation

Abstract
This paper examines why courts may dismiss cases on a "technicality" and why the American legal system has afforded technicality dismissals to accused defendants. The author looks at reasons for dismissals, such as failure to provide counsel, unreasonable searches and seizures, and failure to Mirandize the accused.

From the Paper
"It is certainly true that cases are often dismissed during a preliminary hearing or at some other early point of a trial. This may be because evidence has come to light between the time of the arrest and the time of a preliminary hearing. But charges may well also be dismissed because of "technicalities". The next question must thus be what the nature of these technicalities is. They vary widely from case to case, of course, given that every case is different, but they can be generally categorized."

Tags:defendant, court, judge, miranda, counsel, constitution, search, police, seizure, charges, technicality, dismissal, warrant, criminal, procedure

Abstract
This paper examines a case involving the dismissal of a fireman based on his viewing illegal material on the fire station's computer. Although what the fireman did, looking at child pornography, is a capital offense, the paper is more concerned about the lack of computer security that led to his dismissal and arrest. Various suggestions are made regarding establishing security guidelines within the fire station, which are presented in a list format. Additionally, the paper notes that once information security policies are in place and the controls recommended have been established, it will be unlikely for an event like the dismissed firefighter to happen.

From the Paper
"With the advent of information technology and the Internet, there are various security concerns related to the matter. Threats and vulnerabilities abound the information technology and information systems environment. At the same time though, there could be ramifications if there are no information policies existing to protect these organizational resources. The first thing management and decision-makers must do to align the information technology and information systems implementation with the development of information security policies. Information security policies are management directions indicating course of actions on the proper use, control and management of the information resources, and in this case the fire department.
"With an information security policy in place, the case of the dismissed and prosecuted firefighter will not happen because there would have been policies in place that would prevent him from receiving pornographic materials. The policy would have also dictated that computers are limited to official use thus controls would have been in place to prevent accessing personal ..."

Tags:child pornography, firefighters, policy guidelines, dismissal

Abstract
This paper examines the issue of whether it is legal for public school employees to be dismissed from employment and or denied positions i.e. teaching, administrative etc. simply because their children go to private schools. The goal of this paper is to demonstrate that and show though legal proof by citing actual cases that public school employees in the United States cannot be denied positions and or dismissed because their children go to private schools. This paper references court cases and explains the courts reasoning as well as clarifies how the decision was made in favor of the plaintiff.

From the Paper
"This paper examines the issue of whether it is legal for public school employees to be dismissed from employment and/or denied positions (i.e. teaching, administrative, etc.) simply because their children go to private schools. The goal of this paper is to demonstrate that (and show though legal proof by citing actual cases) that public school employees in the United States cannot be denied positions and/or dismissed because their children go to private schools. This paper references court cases and explains the courts reasoning, as well as clarifies how the decision was made in favor of the plaintiff or defendant. The two major cases that support the finding that employees cannot be denied positions and/or dismissed because their children go to private schools are: Barrow v. Greenville Independent School District ... "

Tags:employment, law, private