...Alston v. Advance Brands and Importing Company (Page 65) 1. Given the courts reference to the rights of parents in the case of Alston v. Advance Brands and Importing Company, I do not feel there is any alternative theory. This is because, the plaintiffs cannot demonstrate that they have standing because they cannot show redressability or a remedy. 2. If Alston had been the parent of a smoker who suffered a smoking-related illness, Alston still could not allege an injury despite the fact that several different brands of the cigarettes contributed to the injury. There was no law broken by the manufacturer but by both the third-party seller and the underage purchasers. Brower v. Gateway 2000, Inc (Page 74) 1. The way that I would rewrite Gateway’s clause to be sure that it would be judged by the New York courts, would be first to not ask for arbitration before the ICC. Simply make the terms tolerable for the plaintiffs who seek protection of their rights. Furthermore, if the courts find that the defendants are liable then all fees should be refunded. 2. A. In this case the practical implication of Gateway’s loss is that their arbitration clause is unreasonable and burdensome to plaintiffs, it favored Gateway and it chose ICC as the arbitration forum. B. If Gateway had prevailed; it would have changed the cost-benefit analysis involved in deciding whether to settle the case because most of their computers cost less than the required amount from both parties. DiMercurio...
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...Legal and Ethical Issues Italia Espinoza, Anthony Hill, Erik St. George, David Rojas, Janet Sanchez ETH/ 316 August 17, 2015 Leonard Knight Legal and Ethical Issues Having to deal with legal and ethical issues in a business can become difficult if the correct procedures are not followed. Knowing the difference and the importance of how these issues can impact a business and or an organization is a good approach when trying to make a business grow. Taking into consideration the minimal details in which a company can avoid any issues that can make their business fall back from growing and becoming successful, can be beneficial in the long run. Throughout the context, there will be some examples of what ethical and legal issues are and the impact they can cause an organization. What are ethical issues? Ethical issues are problems, situations or opportunities requiring an individual to choose among actions that may be evaluated as right or wrong, ethical or unethical. Ethical issues are sometimes caused due to conflict which could include personal or business. Some of the questions that arise would be “is it ethical to sell products that are legal, but are known to harm those who use them?” Defining ethics is norms of conduct that distinguish between acceptable and unacceptable behavior. Ethical issues goes beyond personal or business matters. It depends on the person or business to decide. In business ethics there are a set of attitudes, morals and rules of behavior...
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...Ethical and Legal Issues HR ethics are important to organizations as they can have legal and moral implications. In this assignment, you will develop a plan to resolve some of the ethical and legal issues involved in a merger. Use the Argosy University online library and textbooks to read about ethical and legal issues. Consider the following scenario: As part of the employment contracts, employees have certain rights. For example, employees have the right to not be coerced into situations against their will. They expect to be able to access the information, which affects their job, company, and career. Such work situations can increase stress, lower self-esteem and productivity, cause loss of trust, and decrease efficiency. Good employees who are looking for a more secure work environment may resign and take valuable tacit knowledge and talent with them. It is the responsibility of HR management to create an ethical work environment before, during, and after the merger. Instructions: As a strategic HR Director, you have been asked to identify ethical and legal issues involved in a merger and develop a plan to resolve these issues. Your plan should address the following: * Identify specific legal and ethical issues that should be considered before, during, and after the merger. * Develop an implementation plan for managing the potential legal and ethical concerns for the merger. * Explain how the proposed plan would help managers establish an ethical...
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...Report on legal and ethical issues Contents Introduction…………………………………………………………………………………………..1 Ethical issues……………………………………………………………………………………….. 2 Legal issues………………………………………………………………………………………….3 Legal, Ethical and operational issues……………………………………………………………..7 * Introduction This report will explain the legal and ethical issues that relate to the use of business information. l personally think that legal and ethical issues are usually to do with something that involves people having to abide to a law, in most cases there will be a consequence for not abiding with the law. Tesco may collect and process information about you, including: * Information that you give to them. You may give them information about you by filling in forms on the Tesco website or by corresponding with them by phone, e-mail and more. The information you give Tesco may include your name, address, e-mail address, phone number, personal description and photograph. * Information they collect about you. With regard to each of your visits to the Tesco website they may automatically collect technical information and information about your visit. * Information they receive from other sources. Tesco may receive information about customers if they use any of the other websites they operate or the other services they provide. Tesco, as well as other business, also work closely with third parties, which mean they may receive information about you from them. * Ethical issues Ethical issues...
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...Ethical and Legal Issues Paper Christel Rockwood NURS/391 March 11, 2014 Renee Martin-Thornton Ethical and Legal Issues Ethics is an integral part to nursing practice. The American Code of Ethics for Nurses (ANA) with interpretive statements acts as a guide for professional conduct by outlining the ethical values of the profession. The Code provides the profession with a statement of responsibility to the public and serves as a basis for individual nursing decisions in clinical situations when ethical dilemmas arise. The code integrates universal, ethical principles which serve as the foundation for ethical actions. Nurses face ethical dilemmas on a daily basis. Our primary goal as nurses is the commitment to protect our patients. Provision 2 of the American Nursing Code of Ethics, describes the nurse’s primary commitment is to the patient. (ANA, 2010). Another important goal is to maintain safety, dignity and accountability. Respect the patient’s confidentiality and autonomy. The Nurse acts as the person who helps and advocates for the patient and their families about health care and end of life decisions. According to the American Nurse Association Code of Ethics, Provision 1:1 states that, “a fundamental principle that underlines all nursing practice is respect for the inherent worth, dignity, and human rights...
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...Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property Kellie L. Plowden LEG 500 Doris Mitchell December 12, 2013 Everyone knows that direct- to consumer-marketing is focused on the patients. There are a lot of ways to get the attention of these patients. Advertising can be done through social media, print, radio, television, and word of mouth. “Prescription direct-to-consumer advertising has become a highly scrutinized and researched topic in healthcare marketing,” (Rollins, B.L., King, K. Zinkhan G., & Perri, M., 2011.). Banning direct-to-consumer would be very beneficial. The reason is because of the misconception and manipulation that it can cause the public. Especially when the elderly began focusing on what is being said. “The PhRMA “Guiding Principles” say that DTC ads should foster responsible communications between patients and health care professionals to help patients achieve better health.” (Stange, K.C., 2007). However, manipulating the public by distributing placebos to one group of people and the actual drug to another group of people is a bad way of communication. People who are on the state boards regulate compounding but the federal also has a part in it. According to Roth, “The FDA’s Office of Criminal Investigations (OCI) is working to monitor the schemes that have been going on with the compounding pharmacies.” Even though the FDA is aware of how law resources are needed, and how to direct the compounding...
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...Legal and Ethical Issues for Health Professionals Student’s Name Institutional Affiliation Legal and Ethical Issues for Health Professionals Public Law and Private Law The law is a set of rules and regulations that are formulated by an authority and are applicable to a given community. According to Pozgar (2012), “the law is rooted in tradition, culture, customs, and beliefs” (p. 180). The primary difference between these two laws is based on who the act affects. If the action affects the society as a whole, then it is a public law but if the act only affects an individual or groups of persons, then it is a private law. Various Sources of Common Law Common law is regulated by customs and existing general principles (Shalhope, 2004). Common law can be derived from previous judicial decisions, statutory law, and administrative law (Pozgar, 2012). The common law that applies to the U.S. has its source in England. The law originated from the King’s court during the early middle ages. The common law has its root in the moral law. The U.S. has most of its common laws originate from the Ten Commandments. Res Judicata and Stare Decisis The Res Judicata principle states that once you file a case, you can not file a subsequent case (Morton, 2014). In the case where a plaintiff prosecutes a defendant for negligence and ends up getting a fair judgment may be barred by the principle from suing the same defendant for another action. According to Pozgar (2012), the Stare Decisis...
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...Running Head: LEGAL AND ETHICAL ISSUES 1 Legal and Ethical Issues Herzing College Online U7A1: MBA 663-8: Health Insurance and Managed Care LEGAL AND ETHICAL ISSUES Legal and Ethical Issues The current landscape of the healthcare industry changes rapidly with new rules and regulations, placing many healthcare insurance and managed care organizations in jeopardy of litigation because of legal and ethical issues. Controversy surrounds the healthcare industry because of the decisions made by managed care organizations regarding patient treatment and payment to providers. The following examines the legal and ethical issues surrounding the everchanging healthcare insurance and managed care organizations. Managed Care Conflict The problem facing managed care organizations and health insurance is the inherent conflict with their goal of cost containment by reducing service utilization, with the healthcare delivery system that places the patient’s health first (Kongstvedt, 2013). According to Saunier (2011), the definition of managed care is: 2 Processes or techniques used by any entity that delivers, administers and / or assumes risk for health services in order to control or influence the quality, accessibility, utilization, costs and prices, or outcomes of such services provided to a defined population. (Saunier, 2011, p. 22) Saunier (2011) describes the purpose of these organizations that manage care is the control of costs by “implementing aggressive cost containment...
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...Legal and Ethical Issues (GlaxoSmithKline in $3 billion fraud settlement) In cases like the GlaxoSmithKline fraud settlement there are legal and ethical issues affected. Ethically it was wrong for GlaxoSmithKline to put profit before the health of the public. Ethical issues do not have to be proven in court. Most individuals know and understand ethics as a basic human guideline for behavior. With thing legal issues it is a bit more difficult. In order to take action toward GlaxoSmithKline legally the allegations need proving. There was an allegation of GlaxoSmithKline using drugs for purposes which they had not been approved. GlaxoSmithKline also failed to report safety data about top drugs. Ethical and legal issues often times overlap, however in some cases not. It is our job as consumers to hold those who jeopardize patients’ health, harm taxpayers, and violate the public trust accountable for their actions. (Deception Duke) The video displayed many legal and ethical issues. The ethical issues against Duke were insurmountable. There were several opportunities to stop the study. Information was brought to their attention that raised suspicion, but they chose to ignore them. It was stated that they did not know about the fraud. I believe this to be true, but most importantly I don’t think they wanted to know. Even after the introduction of several red flags Duke chose to ignore them. Duke may not have any legal obligations to put a regulatory system in place to prevention...
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...Week#7 MSAC 601 Legal and Ethical Duties of Care Due: Monday, April 20th, 2014 CPMR Abstract This paper addresses the duty of care, duty of loyalty, and ethics of care issues that arise in the workplace. It outlines the nature and scope of care that employers are ethically obligated to give their employees. Characteristics of duty, and how it can be implemented are provided, along with how to deal with issues that arise. Duty of care is the principle that directors and officers of a corporation have in making all decisions in their capacities as corporate fiduciaries, who must act in the same manner as a reasonably prudent person in their position would (Cornell, 2015). Duty of care is considered a business judgment rule which is met as long as the fiduciary executed a reasonably informed, rational judgment in good faith, that didn’t occur with a conflict of interest. A court needs to be able to agree with the business judgment or the plaintiff needs to be able to adequately prove that the standard was not met. Even if the plaintiff can show that the standard was not met, as long as the defendant fiduciary can prove that a fair process was used and a fair outcome resulted from the decision then they can still meet their duty of care. Duty of loyalty is the principle that directors and officers of a corporation take in making all decisions in their capacities as corporate fiduciaries and must act without personal economic conflict (Cornell, 2015). This principle...
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...Ethical/Legal Simulation MEMORANDUM (Confidential) Date: June 5, 2011 Subject: Plan of Action To: From: ____________________________________________________________ ____________ Introduction The following are items that need to be implemented in order to address our Immigrant concerns of the school and the community include: teaching cultural diversity in the classroom, adopt policies that are law in regard to immigrant children such as legal requirements for proof of residency, provide more professional development in diversity and sensitivity training and laws regarding immigration issues, develop a community outreach program, hire more ESL certified teachers to help our students. ➢ Teaching Cultural Diversity In the Classroom. Our school curriculum will be modified so as to include Hispanic culture education. We will provide our staff with professional development in order for everyone to be educated in teaching diversity. We will celebrate all relevant cultural holidays and incorporate it as a cross curriculum teaching opportunity. ➢ Adopt New Policies That Are Law In Regards To Immigrant Children. We will adopt new policies in order to provide educational opportunities for all immigrant children. Also these policies will help alleviate any concerns citizens may have as to the legality of immigrant children being enrolled in our school district. An act to support our policies would be the Federal McKinney-Vento Homeless Assistance...
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...BUS670 MBA Program Legal/Ethical Issue March 2012 Today’s business world presents numerous ethical issues. In today’s world above board/moral ethics in organizations do not often materialize intuitively. Organization must strive to provide employees with a clear understanding of the overall company vision. This will aid employees in practicing the code of ethics, policies and procedures in the workplace. Companies must be unwavering in continuously delivering the uppermost ethics of provision in which customers, applicants and employees are entitled to under fair business practices. One major core value is to uphold responsible and fair business practices. A core dedication to sponsoring and upholding the extreme parallel of ethical values relative to all business actions is essential. In this paper, I will analyze a legal/ethical issues relating to current, previous, and/or potential future work environments. Harassment, discrimination, and retaliation will also be briefly discussed as well as ideas for corrective actions pertaining to issues. Because many organizations miss the mark on properly addressing ethical &legal conflicts concerning employees; the issues are ongoing and often damage the work environment, sometimes resulting in lawsuits. What is business ethics? Business ethics is the behavior that a business abides by in their daily transactions with the world. This also includes the individual interactions with customers. The moral code of a specific...
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...Ethical and Legal Responsibilities Jaconda Williams Bauder College What are the ethical and legal issues in this case? Include the nurses’ ethical and legal responsibilities. The case of patient Patricia Newman is a complex situation involving ethical and legal issues. An ethical issue that the family is facing is the sudden onset of illness with their mother. Ms. Newman was initially hospitalized for pneumonia when she suddenly had a hemorrhagic stroke. As suspected the patient’s family received the news with mixed emotions and could not agree on a treatment plan. Ms. Newman’s son wanted his mother to be resuscitated in an attempt to save her live. The daughter on the other hand believed her mother had suffered enough and a “do not resuscitate order” (DNR) should be initiated. However, the patient seemed to not have an advance directive or a power of attorney. The patient apparently did not have a DNR written at the hospital and was not conscious to make the decision. In cases where the families cannot agree can make things difficult for the patient, family, and hospital staff. Both children have valid reasons for the treatment they chose for their mother. Legally the patient has the right to have care until the time of death. Canada did a research that involved about 25 physicians (Alexandrov, etc., 1996). In this research many of the doctors agreed that DNR orders are appropriate when at least two criteria are present. These criteria include severe stroke, life threatening...
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...Legal & Ethical Considerations In an economy that is constantly changing, and demand continually rising, companies need to be aware of their legal and ethical obligations to their consumers. Companies are liable in making sure their products are as safe as possible and an obligation to report any dangers that might exist. Product liability, “Products liability refers to the liability of any or all parties along the chain of manufacture of any product for damage caused by that product. This includes the manufacturer of component parts (at the top of the chain), an assembling manufacturer, the wholesaler, and the retail store owner (at the bottom of the chain). Products containing inherent defects that cause harm to a consumer of the product, or someone to whom the product was loaned, given, etc., are the subjects of products liability suits.” If companies act in an ethical manner, consumers can find recalls, due to product liability, on the US Consumer Product Safety Commissions. The US Consumer Product Safety Commission has recall reports on a daily basis from an array of different companies. Some of the current recalls are Bosch security systems because of fire alarm failure, RSI, a medicine cabinets exclusively sold at The Home Depot because of possible hazard due to the mirror or its back panel possibly separating or falling out, and Under Armour, for a possible choking hazards in their infant sports jersey kit. All these companies made the correct decision in reporting...
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...Job Behaviors & Moral Yasmin Rodgers 4341 Lakefield Mews Drive Richmond, Va. 23231 Rodgers_Yasmin@yahoo.com 678-472-1088 GM591 Leadership and Organizational Behavior Professor Joseph Plumley October 9, 2011 TABLE OF CONTENTS I. Executive Summary…………………………………………………………..3 II. Background of Branch Banking & Trust Company ……………….………..3-5 III. Discussion of Current Business Issues…………………………………….....5-8 IV. Proposed Solution…………………………………………………………….9-11 V. Recommendations For The Executive Committee……………………………11-13 VI. References……………………………………………………………….…..14 Executive Summary Thru my research and writing, my plan is to create the preliminary steps and outline for BB&T to become one of the companies admired by others and to work on a long-term goal of making BB&T into company with a low turnover rate. The TCO A objective that I will be utilizing within my study of BB&T is as follows: Given that people make the difference in how well organizations perform, assess how an understanding of organizational behavior concepts and theories is a useful knowledge base for career success and for improving an organization's effectiveness. Background Of Branch Banking & Trust Company “BB&T Corporation, headquartered in Winston-Salem, N.C., is among the nation's top financial-holding companies with $157 billion in assets and market capitalization of $19.1 billion, as of March 31, 2011. Its bank subsidiaries operate approximately...
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