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

Abstract
In this paper, by accounting for the sexual and gender based inequality of the law in Louise's decision to murder Harlan, there is cause for a self defense under second degree murder in this case. Louise certainly did not premeditate the murder of Harlan, but only acted through what she perceived be a socially defined limitation on the rights of women in the legal process that would have given Thelma rights if she was raped.

From the Paper
Thank you for purchasing a customized research paper from The Paper Experts Inc. rive to deliver to our customers the most accurate and up-to-date research each and every time we prepare a custom work. Your Writer ID: #255 Order ID: 20866 Topic: Ethics Disclaimer: This document should be used in precisely the same way you would use any article you might find in your local research library. Remember, you must cite it properly just like you would any other source listed in your bibliography. If you have any questions regarding citing

Tags:thelma, juror, ethics

Abstract
The paper describes a case study of a 19 year old male, Daniel, who suffered from mild depression and was treated by a medical herbalist. The paper relates that after six months of treatment, Daniel committed suicide, and the parents face the decision of whether to sue the doctor for negligence and unprofessional behaviour. The paper discusses the four principles of medical ethics that include respect for autonomy, beneficence, non-maleficence, and justice, and also outlines the perspectives of utilitarianism and deontology. The paper applies these principles and frameworks to Daniel's case and explains why beneficence and maleficence are more important than respect for autonomy. The paper also shows how deontology has been followed here, but a utilitarian approach would have been better suited. The paper comes to the conclusion that in this case, it is difficult to say whether it is truly ethical for the parents to sue when they played a significant part in the outcome of their son's treatment.

Outline:
Case Study: Medical Herbalist
Four Principles of Medical Ethics
Utilitarianism and Deontology
Application
Conclusion

From the Paper
"Daniel was a 19 year old male suffering from mild depression. His family was well aware of the situation, and had obtained various opinions about what is needed to help him. Daniel did not react very well to medical anti-depressants. On the physical level, they made him nervous and restless. On the emotional level, he resisted the meds for fear of becoming dependent upon them. Despite his depression, Daniel had never felt the need to succumb to substance abuse, and indeed feared this, as he had considerable experience with a friend who nearly died as a result of substance abuse. The medical herbalist, Mr. Mudra, seemed to have the solution. After about a month of his treatments, Daniel's general mood and emotions appeared to improve somewhat. After about five months of the treatment, however, he began to fall into depression again. Despite the parents' attempt to find a psychotherapist who would see Daniel, the boy refused any such help and insisted that Mr. Mudra was helping him. After only one more month, Daniel had committed suicide. The parents now face the decision of whether to sue the doctor for negligence and unprofessional behaviour."

Tags:autonomy, beneficence, non-maleficence, justice, utilitarianism, deontology

Abstract
There are many distinctions between preparation and attempt in law and many different definitions of attempt that need to be considered when examining these distinctions. There have been cases that have set these definitions, and other cases that have toppled standing definitions and understandings in the favor of new perspectives. This paper examines issues of attempt and preparation in the law, going through a rational process of analysis, which serves to point towards the above mentioned distinctions between preparation and attempt in the law of attempt. The law of attempt itself is differentiated and categorized within the context of the report on the state and national levels, with the assumption being that most states treat attempts less seriously than actual committed crimes as a matter of programmatic policy. The concepts of preparation and attempt are presented in terms of summative definition and precedent and are also examined through the analysis of examples. The intended accomplishment of the definitions is then be assayed in terms of its bearing on matters of incidence and circumstance. The paper looks at proposed reform measures and addresses future concerns before concluding.

From the Paper
"For example, if an individual decides to rob a bank, they might do surveillance on the bank, buy a gun and a mask, and perhaps involve partners who can come in and split the money between them at a prearranged meeting place. All of these actions are preparations for the crime of robbing the bank, but they are not attempts to rob the bank:
they all go on outside of the bank's walls. The individual goes about this preparation with the intention of robbing the bank, but these preparations, by their very definition, are not attempts to rob the bank in a physical sense at all. They are premeditated plans which involve robbing the bank as a goal. They are the means, if attempt is the ends."

Tags:criminal, justice, lawyer, legal

Abstract
This paper assesses the exclusionary rule to the fourth amendment to the Constitution, which the paper explains is a judge-made addition to restricts the admissibility of evidence in a trial to that which is seized legally. The paper studies the history and reasoning of the exclusionary rule and details the difficulties and challenges it poses to law enforcement and prosecutors in the United States. The paper attempts to illuminate the complexities, frustrations and difficulties of simultaneously interpreting and applying the exclusionary rule, ensuring the Fourth Amendment rights of citizens are not infringed and meeting the mandate of law enforcement can be garnered. The paper provides an analysis of some of the most relevant, precedent-setting decisions on the exclusionary rule.

Outline
Preface
Background

From the Paper
"Though the concept of justice may be open to many different interpretations, the one that virtually all agree should encompass the concept is that of truth-seeking. Justice is, or should be, the pursuit of the truth in ascertaining one's guilt or innocence. Whether one is cited for speeding or placed on trial for murder, the process of discovering, or uncovering, the truth should be the core goal of those within the justice system to ensure the rights of every citizen are preserved and that no citizen is deprived of these rights without a full and vigorous pursuit of the truth. Unfortunately, it is the process itself that is often at odds to the ultimate discovery of the truth."

Tags:law, and, order, police, evidence, constitution, exclusionary, rule, inclusion, legal, seizure, precedent

Abstract
This paper discusses how domestic violence has rightfully evolved from a domestic issue to a serious crime. It explains that this change was the result of many factors: feminist activism, government recommendations, research studies, law suites, and the media raising the public's awareness. The writer points out that by the early 1990s, meaningful changes in the legal system were implemented and domestic violence was finally deemed a federal crime in 1994. The paper concludes that legal reform is still a work in progress - now that domestic violence laws have been strengthened, prevention, treatment, and understanding are the new frontiers for change.
1.0 Introduction
2.0 Historical Background
3.0 Scope of Problem before Legal Reform
4.0 Impetus for Change
4.1 1970s, Battered Women's Movement
4.2 1977 Studies in Detroit and Kansas City
4.3 Batter's Intervention Services/Education/Treatment Programs, Early 1980s
4.4 Individual and Institutional Advocacy Became Common, Early 1980s
4.5 The 1984 Attorney General's Task Force Report on Family Violence
4.6 The 1984 Minneapolis Domestic Violence Experiment
4.7 Thurman v. Torrington, 1985
4.8 Media Attention, 1980s
5.0 Resulting Changes
5.1 Late 1970s
5.2 Early and Mid 1980s
5.3 Late 1980s
5.4 Early 1990s
6.0 Room for Improvement
6.1 Prevention
6.2 Treatment
6.3 Stereotyping
7.0 Conclusion

From the Paper
"Today, there is a view that domestic violence is a wrong that should be righted in every state in this country (Model Code on Domestic and Family Violence, 1994, National Council of Juvenile and Family Court Judges). Empowered by stronger domestic abuse laws, legislators, government administrators, law enforcement, courts, attorneys, the medical and health care community, advocates and providers of services to victims, corrections and providers of treatment for offenders, educators, and volunteers now form a wide network to protect the rights of domestic abuse victims. However, this wasn't always the case.
As this paper reveals, until the late 1970s, law enforcement treated domestic violence as a family issue rather than a crime. As the scope of the domestic violence issue grew, feminists, the government, researchers, the courts and the media had to work very hard to create impetus for change. Progress was slow. Only minor changes in the legal system occurred throughout the late 1970s and 1980s. Beginning in the early 1990s, meaningful changes took hold and the legal system and police have moved in the right direction. Yet, there's still more work to be done in prevention, treatment and the recognition that heterosexual women aren't the only victims of domestic violence."

Tags:feminist, battered, abuse, family, law, prevention

Abstract
Development of the roles of the English judiciary and the legislature. Includes observations of the impact of the Human Rights Act and subsequent loss of sovereignty to Strasbourg. Full dissection of the relationship between statute and the Common Law and the part that morality/justice should play in the law courts. Theoretical questions from legal theoreticians such as Dworkin and Hart discussed.

From the Paper
"Answering this question involves discussing: what other forms of law (apart from statutory text) judges should refer to; which form of law takes precedence; how a judge should interpret a statute, especially if it is unclear or ambiguous; and what he is to do if he cannot operate within the bounds of existing statutory texts. These issues induce us to look at the use and scope of a judge s discretion. A consideration of the use of the word MUST is also needed. Must a judge operate in a certain way? Or are there merely guidelines as to how he should operate?"

Tags:common, discretion, judicial, law, legal, parliamentary, sovereignty, statute

Abstract
This paper studies the problematic age of legal consent in the United States in general and Maryland specifically. It analyzes the importance of maturity in making this decision and argues that maturity and reason is not necessarily decided by age. The author sees that the law seems to divert focus to age rather than to consent. It gives an example of a story about minors having consensual sex but not necessarily willingly. It concludes that children who are immature should be protected from rash decisions in order to make sure they don't get emotionally and physically scarred.

From the Paper
"Here's something you probably didn't know, boys and girls! According to the "Legal Age of Consent Website," the legal age of consent in the state of Maryland is fifteen. In layperson's terms this means that before the age of fifteen, even if you want to say "yes, yes, yes," a la Meg Ryan in "When Harry Met Sally," certain rules and restrictions may apply. This is reasonable, correct? After all, you are minors. You all have certain special legal protections and privileges (Such as making sure your legal guardian gives you bread, McDonald's milkshakes, and board. Such as the fact mall security noticed those platform shoes you just happened to walk out of Delia's with won't be a part of your permanent record). Why shouldn't the law also reserve an interest in protecting you from your own potential lapses in judgment so you can better become a happy and healthy adult? The image of a fifteen-year-old-girl dating a college student probably not only seems like a huge lapse to your parents and to the world at large but to many of your own minds as well."

Tags:legal, age, consent, 15, Maryland, minors, sexual, law, juvenile, offense, emotional, physical, children

Abstract
This paper looks at legal proceedings which have been taken against personal trainers following physical injuries to their clients. By using case studies, the writer examines the risks and exposure that personal trainers face when helping others perform exercise workouts.

From the Paper
"In 1996, the case of Feeney vs. Manhattan Sports Club, Inc. was brought before the Supreme Court of New York. The plaintiff had joined the sports facility and signed an agreement, which clearly stated that the facility and its employees were not qualified to "diagnose, examine or treat any medical condition, or make any other such evaluation or recommendation." The agreement also warned that new members should see a doctor before using the facility.
The plaintiff had a history of shoulder problem and had dislocated his shoulder several times. When he began using the facility, he was assigned a personal trainer, who was an employee of the club. When he asked the trainer if he could use free weights without hurting his shoulder, the trainer allegedly told him that he would have "no problem." The plaintiff later suffered an injury while lifting weights at the club."

Tags:exercise, trainer, legal, law, court, damage, liability, sport

Abstract
This work examines the issue of human stem cell research from the view of the medical profession with an eye on funding, the public perspective and legislation affecting research of the human genome. Specifically this work explores the patenting process, whether patenting the human genome is plausible, and what consequences might exist in these patents. The paper notes the veritable quietness of the legal community at large in relation to this medical research issue.

Outline:
Abstract
Objective
Terms & Definitions of Study
Introduction
I. Implications of Diamond v. Chakrabarty (1980)
II. Implications of Later Cases
III. Free Market System Impacts
IV. What Ways Do Patents Objectify Human Dignity?
V. Is there a 'just' way of thinking about intellectual property law?
VI. Rights - Technological
VII. Ethics of Patenting the Technique for Human Stem Cell Lines
Summary & Conclusion
Bibliography

From the Paper
"In review of the patent laws in the United States, the U.S. Patent laws provides that the patent begin on the date that the patent is issued and ends 20 years later on the same date however, in special circumstances that date might be different and patents are considered for extensions as well. In order for issuance of a patent the invention must be a process that is both 'new' and 'useful' and must be a 'process, machine, manufacture or composition of matter' furthermore the invention must bee the standards of 'utility, novelty and non-obviousness' and must be something that is not in use publicly, not in written form or known to others in the same field of study."

Tags:legal, implications, medical, research, professionals, patent, restrictions