Violation Case Studies Samples For Students

Abstract

Steven Dewayne Bond was a passenger on a Greyhound bus when a border patrol officer squeezed his luggage after conducted an immigration check of the passengers. Bond allowed the officer to open his luggage when asked, and a brick of methamphetamine was discovered that was wrapped in duct tape and rolled in a pair of pants. Bond was charged with possession and intent to distribute as well as conspiracy. In pretrial matters, Bond’s attorney filed a motion to suppress the methamphetamine claiming that the search conducted by the officer was unreasonable and in violation of the Fourth Amendment. ...

Introduction

The discussions in this biomedical ethics case study involving the death of a patient named Mr. Paul Mills during his stay at one of the hospitals in Halifax, Nova Scotia will focus on whether Dr. Nancy Morrison’s decision to help end the patent’s suffering by injecting nitroglycerin into the IV line in an unsuccessful attempt to decrease blood pressure and thereby end the patient’s suffering and on a separate instance, injecting potassium chloride a few minutes prior to the patient’s point of expiration. It is important to note that this paper will not focus on ...

Knarles and Barkley Case Study

Liabilities under Contract Law
Chetum vs Knarles & Barkley
Fact: Knarles wants to repudiate a contract between Chetum and Barkley.

Issue: Breach of contract. Chetum entered into a contract with Barkley that Knarles, Barkley’s father and business partner, refuses to accept. Does Knarles repudiation of the contract constitute a breach of contract?

Rule of Law: A contract must have the following elements in order to be enforceable: (1) mutual consent, manifested by offer and acceptance, (2) consideration, (3) legality of object, and (4) capable parties (Calamari and Perillo, 1998).
Application: Barkley sent a contract (offer), which Chetum signed (acceptance), ...

Business ethics

Business Ethics

Walmart Stores Inc. is founded on value-based and code of ethics principles. The value based and code of ethics helps the organization’s leadership in making appropriate decisions. The basic beliefs of the Walmart Stores Inc. focus on excellence achievement and code of ethics. The vision of the Walmart Stores Inc. is based on the global ethics in promoting ethical culture to its global stakeholders. Business codes of ethics are essential for an organization in making right decisions and acting with integrity (Kenny, 2007). Walmart Stores has strived in serving its customers with acts of integrity within ...

Statutory issue: Do the activities of KPL fall within the meaning of Section 13 of the Rivers and Harbors Act of 1889 to constitute as “discharge or deposit any matter of any kind in the navigable water” holding it liable for violation?
The main argument for the plaintiff is that it cannot be held liable for violating Section 13 since its activities does not fall within the meaning of “discharge of any matter of any kind in the navigable water” as provided by law. In this particular case, KPL draws water at normal temperatures from the river in ...

Abstract

In Electromation, the Supreme Court ruled that any attempt in the part of an employer to form a committee for the purpose of discussing labor issues may be construed as a violation of the Taft Hartley Act prohibiting the organization of labor groups by the employer.

Electromation v. National Labor Relations Board
Intentional Violation of the Taft Hartley Act
The Supreme Court found Electromation guilty of violation of labor law under Section 2(5) of the Taft Hartley Act. The Act prohibits an employer from forming any group or committee with his employees for the purpose of dealing with ...

Introduction

Hiring professional and skilled employees is the key objective of the Human Resource Management (HRM) department. For the purposes of the realization of this strategic objective, the HR manager is obliged to pursue equality in provision of working opportunities for all employees regardless race, sex, nationality or any other supplementary factor giving ground for unequal attitude. In this particular situation, the managers of the company request the Human Resource Department to resolve issue pertaining to division of quotas between ground crew and other employees. With that, the attention of the managers is focused on the age of the employees ...

Scenario 1

What theories of team behavior might assist GS in taking on his new role?
In the given scenario, GS has been given a team of 24 employees who all have been working in the office for more than 5 years. This shows that all the team members are completely familiar with the organizational culture and norms, and are also well adjusted to their job roles. Furthermore, GS’s active interest in promoting conformity and harmony is also well-liked by all the team members, which also indicate that everyone is on the same page. These factors indicate that the team ...

PharmaCare – Assignment 3

Introduction
The aim of this research study is to evaluate the ethical issues related to the marketing and advertisement, intellectual property, and regulations of product safety. Drug companies have been consistently using direct-to-customers approach for marketing of their products. This aspect is also taken into consideration in the research study. In addition, this study extends to find information regarding the current regulatory scheme along with what should have been done by FDA to overcome the issues. The approaches used by PharmaCare to protect its intellectual property in US are also studies in detail within this study. This has ...

Dennys Rodriguez v the United States 575 U.S. ___ (2015)

The United States Supreme Court
The Supreme Court of the United States
The Judge Writing the Decision
Justice Ruth Bader Ginsburg
Facts of the Case/Brief Summary
The main issue for the court’s determination here was the constitutionality of an extended traffic stop, search, and seizure using a law enforcement officer’s detection dog to cover areas not initially covered by the reasonable suspicion of an offence having been committed. The brief facts are that the appellant was driving in violation of the laws of Nebraska State. Officer Struble ...

A hospital administrator is tasked with the day to day running of the hospital (Sharma and Goyal, 2013). This means that the administrator bears responsibility for any breach of law that may occur during the discharge of their duties. The administrator must thus be aware of any legal requirements that relate to the hospital. One of the key laws to be aware of is the Emergency Medical Treatment and Active Labor Act (EMTALA). From a general perspective, the law prevents ‘dumping’ of patients out of emergency departments (Pozgar, 2012).

Dumping essentially means transferring patients to another hospital either because ...

Summary

The 1872 case, In Re Slaughter-House Cases, 83 U.S. 36 (1872) [83 U.S. 36 (Wall.)], the U.S. Supreme Court in response to appeal of Supreme Court of Louisiana decision on three cases reviewed under “An act to protect the health of the City of New Orleans, to locate the stock landings and slaughter-houses, and to incorporate 'The Crescent City Live-Stock Landing and Slaughter- House Company" enacted 8 March 1869, and enforced 1 June the same year offers precedent to municipal ordinances for the control of keeping or slaughter “any cattle, beeves, calves, sheep, swine, or other animals, or to ...

Introduction

- What is students freedom of expression

Discuss its extent and limitations in modern societies of students’ freedom of expression

Explain some diverse interpretations of students’ freedom of expression
How students’ freedom of expression is unique in relation to student publications
Conclusion
- Personal views regarding students freedom of expression emerging from chapter 10

Abstract

This essay encompasses discussions pertaining to students’ freedom of expression as it pertains to schools in United States of America. A case study contained in chapter 10 of teacher and the law will reviewed in an attempt to reflect on what is students freedom of expression; its extent and limitations in modern societies; explain some ...

Abstract

United States v. United Shoe Machinery Company is a suit which was brought before the Supreme Court by the United States (US) against the defendants- United Shoe Machinery Company (of New Jersey), United Shoe Machinery Corporation, United Shoe Machinery Company (of Maine) along side their officers and directors. It was brought under the provisions of Antitrust Act 1914, c. 323, 38 Stat. 731, 736 aimed at preventing them from making leases and decisions deemed to be in a violation of this law. After its argument on March 16th, 19th, 20th and 21st, 1817, it was decided upon on 20th, June, 1918.

Discussion

...

Re:

Introduction

In 2000, the Chief Executive Officer (CEO) of Qwest, Joseph Nacchio, was charged civil and criminal liabilities after it has been found that he violated the provisions of GAAP against fraud and insider trading. He was sentenced to six years in prison in 2007 and was slapped with a $19 Million fine and a forfeiture order for proven illegal stock sales transactions worth $52 Million. In this memo, the author discusses the different aspects of Qwest’s case, emphasizing the role of GAAP and the PCAOB.

The Generally Accepted Accounting Principles (GAAP) refers to a standard framework of ...

Business Law Case Study

Issues

Was it a proper service when the summons was mailed to the defendant medical clinic?
Whether the Minnesota court should invalidate the Tennessee judgment.
Rule
The general principle under Rule 4 of the Federal Rules of Civil Procedure is that service can be made personally to the defendant, left in their place of residence or business or through an email. For corporations or companies, Rule 4 (B) of the rules states that the summons can be delivered to the defendant’s agent authorized to receive such processes but a copy of the summons must be copied to each ...

Term researched: Revocation and Termination

Legal citation: 356 N.J. Super. 299; 812 A.2d 409; 2002 N.J.
Legal history: the defendant had been indicted for receiving stolen properties in violation to the New Jersey state acts 2C:20-7a. He was also found guilty of theft by deception and placed on a three-year period of probation. While serving probation, Thomas was convicted of two other criminal offences. Besides, he pleaded guilty of handling stolen property and the charge of harassment. However, two weeks after his second sentencing, it was decided that a revocation and sentencing on the probation violations should occur. The court ruled that the Thomas ...

Discussion Board: Modern Information Society

Discussion Board: Modern Information Society

Introduction

The advent of technological breaktrhoughs allowed many Americans to experience the power of information technology applied on almost all aspects of daily living. From the early days of text messaging to today’s internet-based social media interaction, working from home, and online shopping. However, these internet-based activities also encompasses several threats despite the favorable advantage in terms of convenience. In this discussion, these threats will be highlighted by examining how users are concerned about individual privacy in online activities. In addition, the dicussion will also determine how customer’s personal data are being collected ...

History, Circumstances, Ethical Issues

“The Italian Tax Mores” case, prepared by Arthur R. Kelly highlights an ethical issue specific to the modern corporate world. The case is based on a real life occurrence, which indicates that the moral absolutes are surpassed by the legal morality, which results in a moral contradiction. Therefore, an American leading bank that opened a subsidiary in Italy was faced with a moral issue when it was forced to apply the “Italian style” for declaring its tax return, which implied lying about the actual tax return by downsizing it with 30 – 70% of its real value (Kelly 54). Although ...

Gideon v. Wainwright - 372 U.S. 335 (1963)
Gideon v. Wainwright - 372 U.S. 335 (1963)

Clarence Earl Gideon was accused with breaking and entering in order to commit a petty larceny – the crime which is qualified as a felony pursuant to the Florida law. As Gideon appeared in court, he announced that he would not be able to afford legal representation of a counsel thus asking the judge to appoint an attorney at the state`s expense. The judge denied defendant`s motion on the grounds, that under the Florida law the state can appoint a counsel for the indigent defendant ...

Question 1

On august 31, 1969 in the United States District Court M.D. North Carolina, Greensboro Division the United States of America as plaintiff, seeks to restrain and prevent the alleged violation of section 1 of the Sherman Act. The complainant, United States of America accused defendants of exchanging among themselves information involving price that have been charged, quoted, or contracted to charge to particular customers. The defendants were allegedly doing this with the aim of restricting price competition among themselves in the corrugated containers business in the Southeastern United States. However, the complaints of price fixing and violation of Sherman ...

- Do any of the offices’ actions violate the FCPA?
Yes, some of the office’s actions are in direct violation of the FCPA. Although the FCPA allows payments that are meant to open doors and expedite the process, it does not allow those that intend to influence actions and outcomes. For instance, the Lima office offers kickbacks in order to get awarded contracts. These kickbacks are disguised as the commissions that are paid out by the sales people. This action directly influences that outcome of what would otherwise be a competitive bidding process. As such, these actions are ...

Consulting For Entertainment Weekly

According to the contract that was singed by Disney´s agent and by Ms. Peggy as the singer of the film the Lady and the tramp; Ms. Peggy was going to be paid for her work with $3.500 besides residual payments at 12.5% of the sales of the movies; meaning this, that Ms. Peggy was giving her permission to use her voice as a commercial issue of that movie to Disney, giving them also the rights to distribute the film to any other technology yet to be invented (just like we can see now DVD, Blue Ray, and even VCR ...

The landlord’s strongest position arises out of the Lease Agreement dated November 1, 2005, together with the Smoke Detector Agreement dated the same day (attached as Exhibits A & B, respectively), taken together with the tenant’s undisputed actions from the facts given.
1. Affidavits from both the electrician (later identified as Lech Triscian) and the landlord (attached as Exhibits C & D, respectively) which outlines what was observed when they entered the premises, specifically;
A. The occupants appeared to include the person who was in the premises when the landlord and the electrician entered, which would violate ...

Parties: Charles Katz (Defendant-Applicant) v. United States (Plaintiff-Respondent)

Facts: Katz had long been suspected by police to be involved in the local illegal gambling scene. In an effort to obtain credible evidence of his illegal activities, the police placed Katz under surveillance (Katz v United States, 1967). That surveillance revealed that Katz liked to use a particular phone booth, which police suspected Katz used to place bets. Consequently, the police attached a “big” or listening device to the phone booth in order to record Katz’s conversation and hopefully obtain evidence against him. The bug was able to record Katz making bets and the police used those ...

VOLKSWAGEN CASE STUDY

Executive summary:
Volkswagen is the leading manufacturer of car products. This company holds Volkswagen group and produced a variety of models. Recently, Volkswagen has been involved in the emission scandals of their equipped vehicles. The company vehicles are equipped with software that was cheating on emission tests. Hence, Volkswagen is the top selling brand of Volkswagen group. Since 1975 the company has been treated as world largest automaker in the world. Volkswagen has the most cars of the automobile manufacturer which has multiple revisions of model names. In this, the crisis management of the Volkswagen emission scandal has been ...

A.) Daisy can file an unfair dismissal complaint against her previous employer, The Chopping Block. As an employee for 14 years with the company covering the years 2002 and 2016, there was no justification for her dismissal based on the grounds of for lateness and rudeness to staff and customers in February 2016. In fact, Daisy was not given a fair notice that the question of her dismissal for incapacity was being considered by the employer, and she was not afforded an opportunity of being heard or to explain her side. The reinstatement of the discharged employee is the ...

Introduction

The first antitrust law was formed by the Congress in the year 1890. It was referred to as Sherman Act, and its aim was to ensure that there was economic liberty, by ensuring that the competition in the trade was fair. Later, the Congress passed other two antitrust laws in the year 1914, and these additional laws contained some revision to the first antitrust law. Those laws were the Clayton Law and the Federal Trade Commission Act. The court applies the antitrust law to prevent illegal business practices and unlawful mergers. The main objective of the antitrust law is ...

Policy and procedure directives are meant to ensure that all actions taken in every institution of the criminal justice system abides not only to the federal constitution, but also to ethics and human rights. Therefore, when policies and procedures are being drafted, their main foundation is the constitution. However, as history has shown, things are not always direct in the criminal justice system. An action taken in criminal justice system such a jail and that seemingly abides by the constitution may later be interpreted as an infringement on the constitutional right of the defendant. Such is the case of Carter ...

The primary issues within this doctor’s office concern privacy. The following information should provide clarity on federal regulations concerning health care and privacy. Recommendations will follow.
Patient privacy is an integral aspect of any physician’s office and is mandated by both federal and state laws. With the implementation of the Health Insurance Portability and Accountability Act (HIPAA) Standard for Privacy of Individually Identifiable Health Information, the HIPAA Privacy Rule, these requirements have become more stringent. The HIPAA Privacy Rule takes precedence over state laws and details how the patient health information (PHI) can be shared. This ...

Nurses are often confronted by various ethical challenges or dilemma situations during their professional practice. It is therefore important that they be familiar with the ethical codes of conduct and decision-making. As one of the most trusted professions, the nursing ethical codes of conduct were first adopted by the International Council of Nurses in 1953. The codes guide nurses in decision-making whenever they face barriers in executing their professional obligations. One of the difficult situations in which these codes help nurses to navigate through is in maintaining patients’ privacy and confidentiality. This is particularly true for student nurses who ...

(Institute/University)

Introduction

A seldom noted observation device geared to monitor the movements of every passing motorist is rapidly spreading on America’s thoroughfares. “Automatic license plate readers” that are placed on police cruisers or on stationary locations such as bridges-utilize small high speed cameras to take pictures of thousands of license plates every minute. The data taken by the readers-inclusive of the plate of the vehicle, the date, time and area of the scanning-is then gathered and at times lumped together into regional data pools. As a result of these activities, innocent motorists have their private information taken and pooled into ...

In the case of Lawrence V Texas, two men were arrested by the police in their searches for arms. They were arrested for engaging in sex that was against the laws of the land. According to the police, it was reported that, the two men were engaging in anal sex. Homosexuality was not legalized than in any state. When they were paraded before a court of law, the accused individuals agreed to the charges that implicated them of the crime. However, they contended that, their acts were protected under the provisions underpinning the fourteenth amendment. In the light of the ...

International Microeconomics: Trade Dispute Case Study ‘USCOOL’

Introduction
The advent of bilateral trade talks started all before the general agreement on tariff and trade (GATT). Although the reciprocal tariff act of 1934, came into action after the smooth Hawley tariff act of 1930 as a result of the stock market crash. The reciprocal tariff act served as a negotiating model for GATT. GATT prompted countries to negotiate and reciprocate tariff reduction. The World Trade Organization (WTO) was formed in 1995 after 8 rounds of talk under GATT from 1947 to 1994 to discuss varying issues of trade. WTO was formed to provide an avenue to manage the ...

The Oltz v. St. Peter’s Community Hospital
The Oltz v. St. Peter’s Community Hospital
Anti-trust laws or statutes are of fundamental importance to the health sector, as they influence existing health care entities in several ways. Influence is significant in factors such as how the health care entities grow and expand, especially regarding their relations with medical providers and suppliers and in their own individual or group interaction. Anti-trust statutes, as found under the United States anti-trust law, pertain to a collection of both state and federal government laws that are crucial in regulating the overall ...

1. Facts
2. Issue

The issues in the following case are:

Whether the search conducted by the police officers violated a provision of the Fourth Amendment to the United States Constitution regarding a protection from unreasonable searches and seizures.
Did Mr. Blake had a reasonable expectation of privacy when he was residing at Mr. Smith`s household?

Could the evidence (drugs and guns) be considered admissible in a court of law?

3. Rule
The Fourth Amendment to the United States Constitution provides protection against unlawful search and seizure of persons and their property. The provisions of the amendment clearly state that search and seizure shall be conducted with the presence of a warrant that particularly describes the places and/or things that ...

- Facts of the case in the case study;

- The Chief Financial Officer at HOHO is aware of the violation of the 25% rule in expenditure-to-funding ration. The TV advertising costs will definitely push the costs above the limit established in the legislation.
- HOHO management has misallocated funds from administrative costs to program costs in a bid to ensure that the 25% legislation is not exceeded in the books.
- The penalties on the violation of the rights are strict and may pose very serious threats to the image of HOHO and by extension XYZ Ltd ...

Monsanto Co. (MC) v. Coramandal Indag Products Ltd. (CIP)

MC had alleged violation of patent by CIP. The patent in question related to the CIP inventions titled Phytotoxic Compositions and Grass Selective Herbicide Compositions contained the active ingredient named Butachlor which was duly patented by the plaintiff appellant.

Procedural History

The case was before the judicial system of India. It had first been heard in the trail Court and a ruling reached in favor of the defendants as the lower court held that the said patents were not existent and that the defendant respondent had not violated any patent thereof. The case ...

Criminal Law

Question 1:
The exclusionary rule remains to be relevant in our present legal environment. According to Slogobin (2013, p. 345), the Supreme Court’s decision in the case of Mapp v. Ohio stated that the exclusionary rule is derived from constitutional origin and stays completely undisturbed which means that the Fourth Amendment mandates the suppression of illegally seized evidence
in spite of its effect on the police and an efficient means to prevent police misconduct. As an effect, any evidence that is illegally obtained and violates the Fourth Amendment for unreasonable searches and seizure is inadmissible in ...

The Great Atlantic Railroad Company problem

Statutory Issue: Whether the contract between Great Atlantic Railroad Company and the Italian workers is binding upon them or considered as a violation of Act of 1885.
If I were to give legal advice to the Great Atlantic R.R. Co., I will recommend that the subsequent terms and conditions that are included in individual contracts entered between the Italian workers and the company should be declared void and have no effect. Although Section 1 of Act 1885 stated that the law cannot be made applicable to transactions entered prior to the passage of the act, it can be gleaned ...

Business

As a church employer in your religion, requiring that the building engineer be of the same religion is justified on the basis of Section 207 of the Civil Rights Act prohibition against discrimination in employment on the basis of religion. Craig (2008) stated that bona fide occupational qualifications or BFOQ refers to employment qualifications that employers are allowed by law to take into consideration in the course of making business judgments in hiring and selection of employees. The employers take into consideration that such qualification is closely related to the fundamental function of the job or fundamental in the operation ...

346 U.S. 537, Theater Enterprises, Inc. v. Paramount Film Distributing Corp. et al (1954)
- Abstract of case
The case relates to a Supreme Court appeal decided on January 4th 1954 in which the petitioner was seeking to have the court find the defendants liable in violation of the Anti-Trust laws. The petitioner resided on the Sherman Act and the Clayton Act. The contention lay in the manner in which the first and subsequent runs of a film were conducted by the defendants to the detriment of the petitioner and whether their action (which in the opinion of the ...

Identity theft is a crime characterized by wrong acquisition and use of another person’s data in a deceptive and fraudulent manner for economic or other purposes. The World Wide Web has made it possible to obtain another person’s data and use in a fraudulent manner without his consent. Unlike fingerprints which are unique for each and every person, personal data especially social security numbers, bank account numbers, telephone calling card numbers and other information if they fall in the wrong hands, they may be used for the wrong reasons and cause considerable damage. In the United States for instance, a lot ...

The Exclusionary Rule is one of the more important rules that is utilized in the American judicial system. The entire American judicial system is designed to protect the individual's rights from the government, and to limit the amount of power that the federal and state governments have over the citizenry. In criminal trials, the individual is considered innocent by the government until proven guilty; this is to protect the individual citizen against unfair or untrue allegations, and to ensure that all citizens receive a fair trial when they are accused of criminal activity.
The exclusionary rule or the exclusionary ...

Harris v. Forklift Systems Inc.

Harris v. Forklift Systems Inc.

Supreme Court of the United States, 1993

510 U.S. 17
FACTS: Plaintiff Teresa Harris was employed as a rental manager with Forklift Systems Inc. She filed a complaint regarding the sexual harassment behavior committed by the company’s President, Charles Hardy. In her complaint, she alleged that Hardy's misconduct made her undergo PTSD-like symptoms. She further alleged in her complaint that she was willing to resign from her job on the condition that Hardy makes a formal apology for his misconduct. For failure to heed to her request and knowing that the sexual harassment behavior will persist, she ...

40 questions answered from two different books.

Health Care Ethics Principles and Problems (Medical Ethics)

Chapter 1
Briefly describe the differences among ethics, professional ethics and health care ethics.
Ethics is concerned with the way people ought to live their lives. It must not be confused with religion even though they may tend to advocate the same values. However, ethics are distinct interrelations among human which can be considered acceptable or unacceptable.
Professional ethics embody regulations pertaining to how persons function within a discipline. It specifies right and wrong actions based on morality. It does encompass principles of being, but the authors of this text ...

The death penalty is a situation where an individual arraigned in a court of law for a certain crime is sentenced to death. Due to the seriousness of this sentence, it is apparent that the evidence provided in court for such cases must be beyond reasonable doubt. It is for this reason that almost all the cases which end with a death sentence are referred to the Supreme Court for appeals. This essay looks at the case of Atkins v Virginia (2002). It will give the details of the case and the sentence thereon. The essay seeks to assert the fact that capital ...

The exclusionary rule holds that, when the police violate a suspect’s constitutional rights, that suspect has the option of requesting a court to “exclude” or declare inadmissible any evidence that was obtained as a result of the constitutional violation. The exclusionary rule is not a constitutional right but rather a judicial tool established by the Supreme Court in 1914, as a means of deterring police officers and law enforcement officials from violating the Constitution when arresting suspects and conducting criminal investigation (Weeks v. United States, 1914). Up until 1961, the exclusionary rule was only available to defendants in ...

Brian Short v. State of Florida

The Main Issue
Is the “Maintaining the size of our children law” in the State of Florida is unconstitutional considering the imposed marriage prohibition on the basis of height?

Relevant Legal Concepts

Under Section 1 of the 14th Amendment, no state shall enforce any law that would abridge the privileges and immunities of the citizens of the United States, nor shall any state law should deprive any individuals of their liberty, life, property, denied jurisdiction of equal protection of the law and without due process (Schubert, 2008, p. 24).
Civil rights is a basic proponent of the Constitution stipulating that personal liberties ...

Google initially argued that filtering Internet content is less damaging than riot making its search engine available in the Chinese market. Do you agree?
I agree with Google, as I think that complying with Chinese rules and filtering Internet content is less damaging than riot making its search engine available in the Chinese market, as it brings fewer problems with Chinese government, fewer conflicts, and less financial losses. Furthermore, Google’s decision secures its position in China and allows the company operating there, while the riot can lead to Google’s exit from Chinese market without any possibilities to ...

Section 1

HIPAA Privacy Rule and Security Rule
The Privacy Rule applies to protected health information (PHI) or health information that can help identify an individual, created or received by covered entities (CE), which include health plans, clearinghouses, Medicare prescription drug sponsors, and health care providers who electronically transmit information. However, the employees of these covered entities are excluded from this while the business associates of these covered entities are subject to some provisions of the rule. The use and disclosure of PHI by the covered entities requires written authorization by the individual as it is governed by the Privacy Rule ...

Comparison and Analysis of the Case of the Exhibition of Andres Serrano and Andres Serrano’s Winning Piece (Piss Christ, 1987)

Comparison
In the case of the rejection of Andres Serrano’s exhibition in Australia, there are concerns over Andre’ work ‘Piss Christ’ from several religious stakeholders. A representative of the Australian Catholic has requested the Australian Supreme Court to ban the image claiminghat it is a form a blasphemy that cannot be tolerated by Catholics across Australia. Supporting his arguments with the Summary Offenses Act, Dr. Pell mentioned that Andres Serrano’s work was obscene and indecent to be exhibited in a National Art Gallery. However, certain religious stakeholders on the other hand, believes that the photograph was a ...

Question 1(a)

According to section 2 (a) (1) of the Securities Act 1933, a security includes a note, stock, investment contract, certificate of interest or participation in any profit- sharing agreement, collateral trust certificate, any interest or instrument commonly known as "security", or any certificate of interest in participation in, and so on. Section 5 of the Securities Act provides for the mandatory registration of a "security" and a registration statement in effect, failure to which, it would be unlawful for any person or individual to offer the security for sale to the public.
The case of Securities Exchange Commission v ...

Introduction

Fair play in business practices is essential to the maintenance of a self-sustainable corporate environment. Precisely, all the parties involved in any business activity need to embrace ethical principles while following the legal provisions in any commercial venture. With this in mind, it is worth acknowledging the fact that Kallestad breached the fundamental provisions of an implied warranty by selling substandard products to Peter and Tanya Rothing. According to Murthy and Blischke (2006), an implied warranty is a contract arising from the operation of the law guaranteeing that the goods to be sold are merchantable and are appropriate for ...

The employment practices in Timothy Reverson’s case can be characterized as; i) Rudimentary- Employees in this company seem disrespectful and don't seem to obey protocol or procedure as Timothy's case showed. This could be as a result of organizational culture and how to organization has been past. ii) Slow in growth- It seems that the company has grown very slowly over the years. Timothy has been a part of the company for 15years and yet only 17employees are members as of now. It shows their employment practices are stagnant; recruitment is slow or there simply isn't room for ...

Ethics is the accepted code of conduct (principles of wrong or right) that control the behavior of an individual, an organization or group of a profession. It is always considered to be a factor of variation in politics, economic growth, culture and legal systems. Particular practices might be unethical when viewed by other countries' standards. Most common ethical issues are related to human rights, labor standards, and financial standards, accounting standards, environmental regulations, moral obligations, and corruption.
The international business setting, through its economic and cultural diversity, time and again exposes foreign executives to significant challenges. On a short ...

Business

Unprofessional conduct
Nowadays one of the major challenges facing education is the quality of education that should be determined in addition to the content and new technologies in this field, a humanistic orientation of the educational process, and the competence of teaching staff. The main categories of teachers' ethics are the pedagogical duty, freedom, responsibility, fairness, tact and honor. Development of ethics fruitfully impacts on interpersonal relationships between all the participants of the educational process: teacher and student, student - student, teacher - parent, teacher - colleagues. All this improves the moral and psychological climate in the school. Therefore, ...

Integrated Perspective Studies

The case study of Merck/Vioxx case is highly significant in explaining in a practical view how causation and correlation arguments can affect and give impacts in legal claims. It is an indication of how ability or failure to understand the causality and correlation in an event or a case can impact defining a case (Pearl, 2010). This case can, therefore, be argued at different dimensions to define it in favour of or against the defendant.
In this case study and as pleaded guilty for, it is quite clear that Merck had committed an offense which is probably civil offense ...

[First Last Name]

Business Ethics [Number]

[Date Month Year]
W.R. Grace (Neemix): A Case Analysis
I. Context: History, Circumstances, and Possible Ethical Issues
It was not until 1959 when the powerful insecticidal effect of the Neem trees in India received notice from a German entomologist who observed it spared from a swarm of locust that devoured all nearby foliage (Marden 283-291). Farmers, since immemorial time, had been using the Neem emulsion as crop insecticides. Researchers in India and certain parts of the world identified the active ingredient as azadirachtin, which is not toxic to humans. Researchers in the United States innovated ...

v.

Basin Park Hotel, Inc, Defendant-Appellee.

Facts:
Patricia Smith and her husband checked into the Basin Park Hotel in Eureka Spring, Arkansas to attend a wedding.
On the third day of their stay, Smith went down to the hotel lobby using the stairs.
At the last flight of the steps, she slid and fell and sustained injuries as a result;
She sued the hotel for negligence for its failure to keep the staircase in a safe condition.
Smith indicated in her deposition that she did not misstep, but surmised that the accident could have been caused by any of the general condition ...