...Genetic Testing and Implications of Federal Law Regulations In today’s economy, companies are scared of having any negative publicity to ruin their name and try at all costs of preventing this from happening. When companies invade employee’s privacy they have violated the federal government’s guidelines of what is ethical and not ethical. The genetic testing for Huntington’s disease is a new emerging field of science that allows for individuals to know what medical conditions they are predisposed to however the federal government has established laws that state clearly the individual has to give consent and without consent these medical tests violates their medical privacy’s rights. “There are three major types of genetic tests: biochemical, cytogenetic, and molecular.” (Beery, 2014, p. 71) In this case study, the two types of genetic tests were biochemical and molecular. Biochemical test uses enzymes in the blood to see if the enzyme reacts to a certain subject and if does shows what the genetic dispose for that disease. The molecular genetic testing is looking more at the DNA of the person and having to see which DNA sequence leads to the medical disorder. The benefits for Reiger is knowing that what in his body are the cause of the newly discovered condition of Huntington’s disease (HD) and having the correct medical advice on his condition. However, there are more drawbacks for Reiger knowing about his condition from the genetic testing. Scuffham and MacMillan (2014)...
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...Roles of State & Federal Governments in Employment Regulation Angela McIntosh Sullivan University Employment Law HRL404 Abstract This paper will provide an overview of the State and Federal regulations in employment and discuss relevant employment regulations. The findings will explain on how in today work environments that the business climate of companies seem to subject to a wide variety of laws and regulations. With these components in dealing with the regulated in benefits for employees that has become a particularly crucial issue in the past several years. State and Federal regulations play a large role in how a company treats its employees while at work. These laws ensure that those workers that report in dealing with the wrong doing of their employees are not discriminated. In concluding the State and Federal government have made sure that protection to the interest of the workers to carrying out their duties in a prudent manner and refrain from conflict of interest transactions specifically prohibited by law. The enforcement of the federal and the state minimum wage law to be enforced in the working field. The Federal Government has set up specific laws that apply to the regulation of unions and allows workers to join unions. The National Labor Relations Act allows the workers the option of joining an association. The government established the National Labor Relations Board...
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...Federal Laws Federal laws generally apply to people living in the United States and its territories. Congress creates and passes bills. The President then signs those bills into law. Federal courts may review these laws and strike them down if they think they do not agree with the U.S. Constitution. Find Federal Laws The United States Code contains the general and permanent laws of the United States. It does not include regulations issued by executive branch agencies, decisions of federal courts, treaties, or laws enacted by state or local governments. New laws are assigned a public law number and included in the next edition of the United States Statutes at Large. You can also find new laws enacted by the current Congress before they are part of the United States Statutes at Large. Get Involved and Learn More Research Federal Laws Find Bills Introduced in Congress Learn How a Bill Becomes a Law Contact Your Elected Officials Learn How Federal Courts Influence Laws Back to Top Federal Regulations Regulations are issued by federal agencies, boards, or commissions. They explain how the agency intends to carry out a law. The Rulemaking Process Federal regulations are created through a process known as rulemaking. By law, federal agencies must consult the public when creating, modifying, or deleting rules in the Code of Federal Regulations. This is an annual publication that lists the official and complete text of federal agency regulations. Once an agency decides...
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...Comparing National, State and Local Labor Laws Jessica Amos BSM 206 Professor December 29, 2013 Abstract Our employment or labor laws have been developed to process a smooth transition for employers and employees. Employment laws bestow rules and regulations in order to govern in cooperation of places of employment that work together to protect both employer and employee. These labor laws confer the issues that are interrelated between the working conditions, retirement, child labor laws, incentives and benefits, OSHA and others. Both employer and employee need these laws so as to not exploit one another and or to hold company policy and procedures. However, we at this time are developing more and more ways to protect our employees in their workplace that helps in aiding the relationship between the employer and employee. In past years regulations were not as developed as they are today. Protection for employees are becoming vastly integrated and productively reviewed continually. This all in the attempt to make sure the employee has rights and protection under these regulations as well as the employer for the workplace. Although some may be different than others varying from state to state, local and federal, the same remain true; regulations are there in order to protect both the employer and employee, so that employees will have rights and protection in order not to be abused from employers. Employment laws can be vast but the regulatory examinations of these are changing...
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...Aviation Law Module One Questions and Answers Describe how a federal agency, like the FAA, creates and enforces regulations being sure to discuss the enabling authority a federal agency derives from federal statutes. When the FAA proposes a new regulation or changes to an existing regulation, they issue a document known as a Notice of Proposed Rule Making (NPRM), Federal law requires virtually all administrative agencies and departments of the government to conduct their rulemaking operations in this manner. The law requires that once the NPRM has been issued there must be a period of time for comment and consideration of the new proposed regulation. After the comment period closes the FAA considers the comments from the public and those affected by the new regulation. Often times, comments from the industry and public have influenced the FAA to either change or abolish the propsed regulation all together. When the process has run its course, the FAA issue’s a Final Notice of Rule Making. This notice will set forth the final rule as it will be adopted and an effective date for it to take effect. Under the Code of Federal Regulations (CFR), Title 14-Aeronautics&Space, Part 13 Investigative and Enforcement Procedures, Subpart B-Administrative actions, the FAA may administer a “Warning Notice” which deals with the available facts and information about the incident or condition and shows that it may have been a violation. The FAA may also give a “Letter of Correction” that...
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...creating a new system of governing laws. Since the constitution went into effect on March 4th 1789 it has played a key role in its functions in business and society throughout the United States. Laws help regulate business by ensuring good business practice and also stands in place for the protection of the employer and employee rights within the workplace. Documentation and legal representation are key when adhering to the many laws incorporated in business. In order to protect and regulate business and society two types of laws are enforced, State law and federal law. Through intrastate and interstate regulation, state laws and federal laws operate differently in its functions and roles in business. These laws set in place from our constitution both federal and state have given structure to a successful and thriving business market and overall society. What is the difference between state law and federal law and what roles do they play in business and society? State law controls the intrastate regulations of business practice whereas federal laws regulate all business practice Interstate. Intrastate is the regulation of laws within the borders of one specific state and interstate is the regulation of laws between multiple states. When business practice operates within only one state and its business does not cross into multiple states, they operate under intrastate laws and regulations which in most cases are protected by state law. When business practice operates from...
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...Role & Functions of Law By: David Johnson Class: LAW/421 Due Date: 06 April 2015 Instructor: Alan Williams Laws are the rules of actions prescribed by controlling authority and involving legal force. Laws create duties and obligations that reflect given views of a given society. In business and society, the law serves many roles and functions to uphold its main purpose of promoting fairness and equality. It is said that, the roles of law in business and society can be classified into three different categories. Those categories are civil and criminal law, substantive and procedural law, and public and private laws. All of these categories of law help define not only what is right but also what is wrong. Criminal law is a protection of society and where crimes committed by the public are prosecuted by governing bodies. Substantive law provides an individual with rights and creates certain duties while procedural laws provide a structure and set rules for pursuing substantive rights. If an individual intentionally harmed another citizen, substantive law would state how this is a crime. Civil law is used in business and society to compensate individuals or businesses for losses as a result of another’s misconduct. It determines the amount of damages the victim has suffered and is settled with compensation. An example of civil law would be if a person was suing their business partner for not living up to their business contract. If the partner suddenly became enraged and...
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...2015 Reaction paper on Government Regulation of Insurance The insurance industry is regulated for several reasons: To maintain insurer solvency to compensate for inadequate consumer knowledge. To ensure reasonable rates; to make insurance available * The insurance industry is regulated primarily by the states. The McCarran-Ferguson Act states that continued regulation and taxation of the insurance industry by the states are in the public interest. * Three principal methods are used to regulate the insurance industry: Legislation Courts State insurance departments * The principal areas that are regulated include the following: Formation and licensing of insurers Solvency regulation Rate regulation Policy forms Sales practices and consumer protection Taxation of insurers * Property and casualty insurance rates must be adequate, reasonable (not excessive), and not unfairly discriminatory. The principal types of rating laws are as follows: Prior-approval law Modified prior-approval law File-and-use law Use-and-file law Flex-rating law State-made rates No filing required * Insurers must pay a state premium tax on gross premiums. The primary purpose is to raise revenues for the state, not to provide funds for insurance regulation. * State versus federal regulation is an issue that has evoked considerable debate. The alleged advantages of federal regulation include the following: Uniform state laws and regulations. More effective negotiation of international...
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...Running head: STATE VS. FEDERAL REGULATIONS PAPER State vs. Federal Regulations Paper XXXXXXXX University of Phoenix XXXXXXX MGT/434 State vs. Federal Regulations Paper Employees are protected by many federal and state laws that regulate what an employer cannot and can do. Therefore, figuring out which employment laws apply to the workforce can present a challenge because they can come from federal and state sources. The laws that are applicable to each workforce sector for employee protections depends on many factors; the number of employees, the type of business it conducts, and if it crosses state boundaries. The purpose of this paper is to examine how federal and state governments differ in their application of employments laws and will discuss an employment protection provided exclusively by a state government. State vs. Federal Wage, hour and employment laws governing employers and employees are set at the state level and the federal level. Often measurable differences between federal laws and state laws exist depending on the state the company is operating in. When this occurs, companies are supposed to comply and govern their policies to follow the laws that offer the best protection to the employee. On the federal level the agency over employment law is The US Department of Labor (DOL) this agency administers federal employment laws. In most states employment laws are administered by the states labor division. With many agencies under...
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...States and their legal system has impacted the guidance and operation of all types of businesses. For example, if an individual breaks the law, he or she maybe ordered to pay a fine and in some cases be imprisoned. The same thing happens if a business breaks the law. The only difference between an individual breaking the law and a business breaking the law is the company can also be taken over by the federal government for tax evasion and even be closed down. The company has the responsibility to hire legalized employess to be able to work for the. According to (Justia, 2005), “The United States Constitution and the United States legal system play a significant role in business regulation. The laws under these elements provide successful operations of business and society. They provide a standards and expectations while giving us a guideline for our business conduct and a means for settling disputes within corporations. In addition it enhances free competition and personal freedom. Without these laws that govern businesses and people, society would not function efficiently and commerce would likely disintegrate. Although the laws appear to be simple, the United States Legal system is incredibly intricate. The laws are a collection of different types. It can include common law, treaties, ordinances, statutes and executive orders. Common law is law that is based on prior decisions. Statutes are created by elected representatives from the legislative branch. Treaties are agreements...
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...A. Summarize the four major pieces of legislation collectively known as the Antitrust Laws. Antitrust laws were put in place to make business’s compete fairly. These fall into four main areas: agreements between competitors, contractual arrangements between sellers and buyers, the pursuit or maintenance of monopoly power, and mergers. The four major pieces of legislation collectively known as the Antitrust Laws are; the Sherman Antitrust Act, the Clayton Antitrust Act, the Federal Trade Commission Act and the Celler-Kefauver Act of 1950. The Sherman Antitrust Act has two categories that are targeted; ○ to restrain or prevent trade among states or foreign nations ○ prohibit against monopolies. ○ Only the United States Department of Justice has the power to prosecute individuals who are suspected of violating this act, (unless the individual state has the power granted by its own antitrust legislation.) The Federal Trade Commission Act ○ created the Federal Trade Commission ○ gave the Commission the power to enforce United States Antitrust legislation. The Clayton Antitrust Act ○ passed to prohibit mergers and acquisitions when those would substantially lessen competition. ○ enabled state attorney generals the ability to prosecute and enforce federal antitrust laws. ○ outlawed price discrimination, regulated stock acquisitions, and tying contracts ○ The Robinson - Pitman Act amended the Clayton Antitrust Act by banning...
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...Confusion Paper The state of Confusion has over stepped its authority when it passed a law regulating trailer hitches on its roads. This regulation is in direct conflict with the commerce clause of the U.S. Constitution, Article 1 Section 8. This gives Tanya only one option in choosing a court to fight the unjust regulation. She must take her case to the federal court. This gives Tanya the best chance at overturning the state of Confusion’s regulation on trailer hitches. The Supremacy Clause also gives Tanya a chance to fight the states regulations. The supremacy clause states that all state judges must follow federal law when federal and state laws conflict. Using both of these clauses to fight the state of confusions’ regulations, Tanya has enough ammunition. The Federal District Court system will have jurisdiction over all matters arising under the Constitution, laws, or treaties of the United States. Regulations can be tricky when deciding constitutionality in the federal court system. Taxations are generally accepted when passed by state legislators. Under the Constitution, regulations that impact interstate commerce and pose a direct burden are deemed impermissible. Tanya can sue in the federal courts in the state of confusion for a declaratory judgment that the states regulations violate the commerce clause and are invalid because of the undue burden on interstate commerce the regulations impose. There are a few cases that the district court may use that could set some...
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...Health Law, Regulations, and Policy Paper Michelle Hobbs HCS/545 June 13, 2016 Qiana Amos Health Law, Regulation, and Policy Paper Today’s health care industry is more than just providing medical services to individuals in need; it encompasses various laws, regulations, and policies that direct how care should be provided and what the ramifications of non-compliance will have on the health care provider and the organizations where services are rendered. There are various kinds of laws, regulations, and policies that affect the health care industry. Some may believe that laws, regulations, and policies all have the same requirements, benefits, and implications, but there are differences between the three and the impact they have on health care. As the ability of the health care industry continues to expand, the need for additional laws, regulations, and policies will be necessary to ensure the quality and equitable delivery of medical services continues to improve alongside the medical services. Title VI of the Civil Rights Act of 1964 One law that governs the manner in which health care services are rendered is Title VI of the Civil Rights Act of 1964. This law states “no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance (United States Department of Labor, n.d.). For health...
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...Running Head: ECONOMICS ESSAY III 1 Economics Essay III Task: Write an essay that describes the relationship between regulation and market structures and how regulations affects the market. A Define Industrial Regulation Explain why industrial regulation exists, how it affects the market, provide entities affected by industrial regulation in terms of market structure, and why industrial regulation affects those entities. Economic regulation is a form of government intervention designed to influence the behavior of firms and individuals in the private sector (Econ Guru Web). Other forms include public expenditures, taxes, government ownership, loans and loan guarantees, tax expenditures, equity interests in private companies and moral suasion. It is the imposition of rules by a government, backed by the use of penalties, that are intended specifically to modify the economic behavior of individuals and firms in the private sector, regulation in general is aimed at narrowing choices in certain areas, including prices (airline fares, minimum wages, certain agricultural products, telephone rates), supply (broadcasting licenses, occupational licensing, agricultural production quotas, pipeline certificates "of public convenience and necessity"), rate of return (public utilities, pipelines), disclosure of information (securities prospectuses, content labeling), methods ECONOMICS ESSAY III 2 of production (effluent standards, worker health and...
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...Washington Federal Savings University of Phoenix Business Law BUS 415 Deborah Gronet October 20, 2007 Washington Federal Savings Washington Federal Savings is a financial institution that has served communities statewide since 1917. As a savings and loan institution, Washington Federal offers checking and savings accounts and mortgage loans. Defining itself amongst competitors, Washington Federal provides customers with the “human touch” in its simplest form - quality customer service. Operating in eight states, Washington Federal maintains a relatively small staff of 885 employees. As a financial institution, Washington Federal is highly regulated by certain federal agency regulations. This paper will explore the regulations currently in effect for financial institutions, as well as the origin, evolution, and efficacy of these regulations within Washington Federal Savings. Federal Deposit Insurance Corporation The Federal Deposit Insurance Corporation [FDIC] is an independent agency of the United States government. The FDIC protects depositors against the loss of deposits if an FDIC-insured bank or savings association fails. FDIC insurance is backed by the credit of the United States government. An insured bank is any bank or savings association with FDIC insurance (Federal Deposit Insurance Corporation [FDIC], 2007). The FDIC was created in 1933 by the Glass-Steagall Act. This was a merging of two separate acts which were created by the U.S. government...
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