...Administrative Ethical Issues Nicole L. Clayton HCS/335 25 July 2011 Patricia Daugherty Administrative Ethics Paper Ethical issues are a constant in the healthcare world. Finding the line between what is legally right and what is ethical is not a simple task. In recent news a Turkish doctor is being tried for that very reason. The doctor on trial refused to treat a patient because the scenario would have required him to breach the doctor-patient confidentiality law. However, the gendarmeries were bound under orders to not leave the patient, who was also a prisoner, unsupervised due to the Tripartite Protocol. In this paper legal and ethical issues that arise from both sides, when each party is bound by separate laws, as well as what happens when these laws overlap. Issue and Impact With the case regarding Sadık Çayan Mulamahmutoğlu, a physician from south-eastern Turkey whom refused treatment of an inmate brought into the medical facility where he was working, for concerns that the scenario would violate the doctor patient confidentiality law (Bianet, 2011). This case will affect all prisoners that require healthcare treatments in a hospital setting, the law enforcement officials required to supervise the inmate and the medical professionals called on to treat the patient. This does not include the general public who agree with one side or the other. The media surrounding this case is getting many people who side with the medical professionals and less with the...
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...Chances to adopt ADR in administrative disputes (Explaining on tax dispute instance) Chuluuntsetseg Ochirjantsan* (Member of Mongolian Bar Association, Senior teacher at Law school of NUM) I. II. III. IV. V. VI. Introduction The origin and development of ADR in Mongolia Concept and stages of administrative proceeding Necessity to adopt mediation procedure on Mongolian tax case and dispute Conclusion References Abstract Tax law covers a significant presence in administrative law sectors. Tax dispute and cases are part of the administrative law disputes and resolving tax dispute and cases through ADR is much peaceful mechanism. Despite the mediation procedure on tax cases and dispute is occupying great position in the national legal systems of countries, international level dispute resolution based on the principles of mutual trust is a flexible and effective method. Countries tend to implement mediation procedure on tax cases in accordance with their legal culture, consciousness level and characteristics of the population regardless of their legal family. Reconciliation and mediation on tax cases and dispute is system which settling cases by parties making dialogue to find mutual consent that can fit to the actual situation without getting restricted by a tight law regulation. Therefore the necessity to resolving tax cases through reconciliation and mediation is seen as a pressing problem in many countries. Key words: Reconciliation And...
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...WEEK SIX PRESENTATION OVERVIEW: Government regulations of Business Federal Administrative Agencies Substantive Rules and Interpretive rule Statement of policy Reasonable Searches Protection from Harassment United Nation’s Biosafety Protocol for genetically altered food Consumer product safety commission (CPSC) GOVERNMENT REGULATIONS OF BUSINESS: Laws that all businesses/industries must follow unless it meets the criteria for exemption National Labor Relations Board (NLRB) regulates the formation and operation of labor unions in most industries and businesses in the U.S. Example: AFL-CIO for global trade and economic issues. Occupational Health and Safety Administration (OSHA) regulate workplace safety.. Example: Worker Safety The U.S Equal Employment Opportunities Commission (EEOC) enforces equal opportunity in employment laws that cover most workers in the United States. Example: Anti-discrimination laws and Title VII Laws that regulates only specific industries; an administrative agency (Cheeseman, 2013, p.728), The Federal Communications Commission (FCC) issues licenses and regulates the operation of television and radio stations. The Federal Aviation Administration (FAA) regulates the operation of commercial airlines. The federal Office of the Comptroller of the Currency regulates the licensing and operation of national banks. FEDERAL ADMINISTRATIVE AGENCIES: Federal administrative agencies are appointed by the congress Many of these agencies report directly...
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...It is the expectation of the public that, agencies and Ministers of the Crown act fairly, consistently and transparently in making administrative decision. It is in line with these objectives that the public can obtain access to documents under Freedom of Information from various agencies. Smith has the option to apply for internal review but since his access decision was made by the Attorney General personally he has no recourse to internal review. Other than that he would have 30 days to apply for an internal review and must notify the applicant within 30 days of receiving the application and it always better and quicker to apply for internal review before resorting to external review. Anecdotal evidence suggests that internal review can be quick, cheap and most likely can lead to a reversal of a decision. You can appeal to your federal member of parliament in your constituency who may have contact with the Attorney General for assistance in this matter. Your MP would have a considerable influence if he and the Attorney General are in the same party and can possibly lobby on your behalf. This avenue should be last after judicial and merit reviews are finalised. Another subtle way is to appear or ring on a talk-on back radio to publicise your case to get into the ears and attention of the relevant authorities. Mr Smith can apply to the Information Commissioner for a reviewable decision under section 54L of the FOI Act. He has 60 days after decision...
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...LAW 443 ADMINISTRATIVE LAW I NATIONAL OPEN UNIVERSITY OF NIGERIA SCHOOL OF LAW COURSE CODE: Law 443 COURSE TITLE: Administrative Law I 1 LAW 443 ADMINISTRATIVE LAW I Course Code: Course Title: Course Developer/Writer: Administrative Law I Law 443 Simeon Igbinedion, LL.B., LL.M., B.L., PH.D., Faculty of Law, University of Lagos. Professor Animi Awah Ifidon Oyakhiromen, LL.B, LLM, M.Phil, Ph.D, BL Course Editor: AG. Dean,/Programme Leader: Course Coordinator: Mr. Ayodeji ige, LLM, BL 2 LAW 443 ADMINISTRATIVE LAW I COURSE GUIDE CONTENTS PAGE Introduction ……………………………………………………………………….. 1 What You Will Learn in this Course …………………………………………….... 2 Course Aims ………………………………………………………………………. 3 Course Objectives ………………………………………………………………… 3 Study Units ……………………………………………………………………….. 3-4 Tutor-marked Assignment ……………………………………………………....... 4 References/Further Reading ……………………………………………...……. 4 3 LAW 443 ADMINISTRATIVE LAW I Introduction Consider a situation where your residential property in which you have lived for decades has been demolished by the authorities of the FCT, or the Lagos State Ministry of Environment for allegedly being located in an industrial area. Suppose some customs officers at a checkpoint found you in possession of items which they claim to be contraband and, therefore, seized pursuant to the new Customs policy of zero-tolerance of goods likely to endanger the economic growth or contribute to the...
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...action, and publicness. Activities in the non market environment are Voluntary when, firm cooperates with govt. officials or an environment group and are Involuntary in the case of, govt. regulation or a boycott of a firm’s product led by an activist group. Nonmarket issues high on firms agenda include : 1. Environmental Protection 2. Health & Safety 3. Regulation & Deregulation, 4. Intellectual Property Protection 5. Human Rights 6. International Trade Policy 7. Regulation & Anti-trust 8. Activist Pressures 9. Media Coverage of Business 10. Corporate Social Responsibility & 11. Ethics Management & Managers is both responsible for formulating and implementing nonmarket as well as market strategies. Market Environment determines significance of nonmarket issues to the firm. Nonmarket Environment shapes opportunities in the marketplace. Market Environment Nonmarket Environment a) Competitive a. Competitive b) Performance is determined by competition among firms as directed by their market or competitive strategies. b. Legislation, regulation, administrative...
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...uncertainty surrounding this area of law and understandably how the principles attached to it 'are in some confusion[2] due to the substantial changes over time. The initial separation between judicial and administrative cases proved problematic as it came with the notion of not providing executive-related cases a rigorous decision-making procedure unless they were solely of a judicial nature.[3] The enablement of all case types to be granted a court-like procedure wouldn't be very efficient, bearing in mind the amount of time and money that it’ll cost. The concept of filtering judicial from executive cases may have been beneficial but it raised issues that needed addressing, such as how justice would be served for those whose cases fall under the administrative sector. Professor D J Galligan stated that, “whenever the state, through its officials, decides how people are to be treated, considerations of fair treatment arise…”[4] It’s the tension between administrative autonomy and legal certainty which has now shaped the concept of natural justice[5], by incorporating procedural fairness into governmental law as a means of balancing these competing issues. The Latin maxims 'Audi Alterem Partem' [6] and 'Nemo Iudex sua Causa’ [7] form the two distinct parts of natural justice. The main issue in Popeye's case is the revocation of his license by the Harbour Authority and the steps taken by them to reach their decision. To determine whether Popeye will succeed in his claim, the relative requirements...
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...in many different forums, including administrative hearings, where the lines of neutrality and fairness may appear (at least to one side) to be a little more blurry. The topic of administrative hearings was recently discussed by judges and lawyers during a Karl D. Kessler Inn of Court meeting. Some of the “best practice” recommendations made during that meeting, especially as they relate to defending a client in an administrative hearing, are certainly worth putting on paper. Before the Hearing “The Early Bird Gets the Worm” – Typically, you will NOT have one or two years to collect evidence and learn all the relevant facts prior to an administrative hearing. Right away, you must learn as many facts as you can and assess what, if any, discovery can be undertaken before the hearing. You may need to schedule depositions with little or no advance preparation. When permitted, you should ask for discovery from the agency or issue subpoenas as soon as possible. For example, some agencies will produce documents related to the case but require at least three weeks to do so. If you wait until the hearing is scheduled, you may not have enough time to receive and review the file. You should also be willing to ask the other side for basic stipulations early in the process. Identify the Legal Issues – Identify the legal issues and find authority for your position as to each legal issue. One potential starting point is the Administrative Law Handbook, which is updated annually...
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...| Banning Electronic Cigarettes on Aircrafts | | | | | | 1. This proposed regulation interests me since I have started flying more often and I wouldn’t want to sit next to someone smoking an electronic cigarette on an airplane. The seating on airplanes are so close together that you wouldn’t want to be able to smell the vapor from someone smoking an electronic cigarette even though it is barely noticeable. This proposed regulation is banning electronic cigarettes from commercial and international aircraft flights. I guess it would affect me and the company I work for since there are hundreds of people in our company that have to fly for business. The discomfort of having to smell an unusual odor even if it was a flavor odor from someone sitting so close to during a 2 -6 hour flight would not be enjoyable. 2. The proposal is intended to change any existing smoking regulations for airlines to ban the use of electronic cigarettes on any passenger flights both domestic and international. The DOT is implementing this change due to the marketing and promotional advertising to increase the popularity of the electronic cigarettes and they are concerned about any safety, health and discomfort concerns that may be imposed on the other passengers on the aircraft. 3. November 13, 2011 Subject: Docket # DOT-OST-2011-0044 – Office of the Secretary (OST) and Department of Transportation (DOT) - Proposed Rule: Ban Smoking of Electronic Cigarettes on Aircrafts ...
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...policy decisions, another rule was that a reviewing court may not substitute it’s opinion for that of the administrative body, unless the official has acted mala fide or in bad faith. This is supported by case of Shidiack v Union Government , where it was held that, if the administrative organ has duly and honestly applied himself to the question which has been left to his discretion, it is impossible for the court of law either to make him change his mind or to substitute it’s conclusion for his own. It is true that for any government to function effectively, it must be bestowed with discretionary powers, discretionary powers involves the exercise of a choice between two or more options on the part of the decision maker. The exercise of these discretionary powers must be checked and controlled by other branches of government, but this was not the case in South Africa. In the past the only manner in which those powers could be controlled was common law basis, but as a result of a narrowly defined grounds of judicial review of government action and decisions, the system of Parliamentary supremacy allows the government to easily exclude the courts power of review via the so-called ouster clauses. The promulgation of the interim and the final constitution has brought about dramatic changes in the field of administrative law, specifically with regard to administrative actions. The changes brought by the interim constitution , with...
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...and its member countries or of the beneficiary countries participating in the Sigma Programme. ALBANIA GENERAL ADMINISTRATIVE LAW FRAMEWORK ASSESSMENT MAY 2008 Preface This report updates the assessment report prepared by SIGMA on the same topic in June 2006. We use the notion of general administrative law to denote those parts of administrative law that are applicable – fully or partially, primarily or supplementarily – to all administrative settings, public bodies, administrative activities and administrative relationships. In other words, general administrative law would be the part of administrative law that is not only applicable across the whole administration, but also contains principles and norms that give rise to special regulations or specific organisational functioning. Administrative law is the refined product of the pursuit in the course of history of the liberal goal to submit public powers to the law by ensuring that any action of the state is subject to the law or ruled by law. Modern democratic states derive their administrative law from their constitutions. The study of administrative law in a country cannot be dissociated from that of constitutional law. The general legal framework for the administration is nevertheless comprised, first and foremost, of administrative law. A first approximation of the definition of administrative law is that it is a part of national public law (in EU Member States it is also now a part of the supranational...
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...| This quiz consist of 20 multiple choice questions. The first 10 questions cover the material in Chapter 5. The second 10 questions cover the material in Chapter 6. Be sure you are in the correct Chapter when you take the quiz. | * Question 1 4 out of 4 points | | | An agency by ________ occurs when a person leads another to believe that someone else is his or her agent and is thereafter prevented from denying it.Answer | | | | | Selected Answer: | estoppel | Correct Answer: | estoppel | | | | * Question 2 4 out of 4 points | | | Which of the following is not usually considered an independent contractor?Answer | | | | | Selected Answer: | A delivery driver working for a delivery service | Correct Answer: | A delivery driver working for a delivery service | | | | | * Question 3 4 out of 4 points | | | Apparent authority may be based on which of the following?Answer | | | | | Selected Answer: | Words of the principal, acts of the principal, or knowledge that the principal has allowed its agent to engage in certain activities on its behalf over an extended period of time. | Correct Answer: | Words of the principal, acts of the principal, or knowledge that the principal has allowed its agent to engage in certain activities on its behalf over an extended period of time. | | | | | * Question 4 4 out of 4 points | | | Which of the following terms refers to a slight...
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...1. State the administrative agency which controls the regulation. Explain why this agency and your proposed regulation interests you (briefly). Will this proposed regulation affect you or the business in which you are working? If so, how? Submit a copy of the proposed regulation along with your responses to these five questions. The proposed regulation can be submitted as either a separate Word document (.doc) or Adobe file (.pdf). This means you will submit two attachments to the Week 2 Dropbox: (a) a Word document with the questions and your answers and (b) a copy of the proposed regulation you used for this assignment. (10 points) The legislation I chose to research is the “Protecting Academic Freedom in Higher Education Act” (H.R. 2117). This bill seeks to repeal a recent rule change by the U.S. Department of Education, which federally defines a credit hour as used by all institutes of Higher Education. It would also repeal the so-called state authorization regulation which significantly expands and complicates existing federal requirements for an institution to legally operate within a state I chose this legislation because as a leader in Higher Education the statute directly impacts my and all schools in the country; unduly burdening us and limiting the rights of our students. 2. Describe the proposal/change. (10 points) In October 2010, the U.S. Department of Education (DOE) released a package of regulations to purportedly improve the integrity of the student financial...
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...important attribute. The importance of objectives, on the other hand, is their concreteness, observability, (Chambers & Wedel, 2005). A goal is an abstract and general statement of desired outcomes. Goals are an answer to the questioning of program or policy purpose. An objective is a concrete, operational statement about a desired observable outcome. Goals and objectives which are manifest are evident, obvious, or apparent goals and objectives which are latent are present, but not visible, apparent or actualized, but still exists as potential. An agency’s or organizations statement of goals and objectives can be found through examination of statements in primary documents that contain goals and purposes such as legislation, administrative regulations, and court decisions. Knowing how to distinguish between the organization’s goals and objectives is important, but an emphasis is put upon the objectives containing performance standards that are specific on the extent of the changes each program is expected to have, and should be able to stand on their own as...
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...Environmental Protection Agency Proposed Rule Number 61 Keller Graduate School 1. State the administrative agency that controls the regulation. Briefly explain why this agency and your proposed regulation change interest you. Will this proposed regulation affect you or the business in which you are working? The Environmental Protection Agency (EPA) is in charge of the National Priorities List. Currently the EPA is seeking to propose a rule 61. I currently work for a corporation, AECOM that stands for Architecture, Engineering, Construction, Operations, Management, where our job is to destroy chemical agent, such as mustard nerve agent. AECOM works diligently to follow EPA guidelines to ensure we do not fall under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and Superfund Amendments and Reauthorization Act (SARA). AECOM follows these guidelines to protect the environment and the personnel that live in the city where we are located. Part of our job is to stay up-to-date with the laws and regulations that change and come up to ensure we are not breaking the law when it comes to transporting, handling, and destroying the chemical agent. As it stands, the current regulation is only for three sites Alabama, Indiana, and Michigan, which do not apply to our site in Colorado. Later in the cycle, the EPA could issue to have this regulation include our site in Colorado is anything goes wrong during processing. 2. Describe the proposal or...
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