Examines the ethical responsibility of lawyers to offer their clients alternate dispute resolution to resolve conflicts.
Research Paper # 25643 |
6,466 words (
approx. 25.9 pages ) |
22 sources |
APA | 2002
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AU$ 81.95
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Abstract
In today's society, lawyers are encouraged to present the option of pursuing alternate dispute resolution to clients as a matter of good practice and lawyers who fail to do so may be subject to malpractice liability. This paper explores the growing popularity of alternate dispute resolution (ADR) due to the high costs, both financially and to relationships, of traditional litigation.
Subtitles in the Paper: Alternate Dispute Resolution; Ethics and Dispute Resolution; The Costs of Conflict; Ethical Issues in Choosing Whether and How to Mediate; Client Satisfaction; Methods of Dispute Resolution in Businesses; The Role of Counsel; Results of Alternate Dispute Resolution; A Lawyer's Duty to Advise About ADR; Ethical Rules of ADR; Lawyer as Client Representative or Advocate; Lawyers as Neutrals; Conflict of Interest; Malpractice and Negligence; History of ADR; Everyday Disputes; Determining the Role of a Mediator; Conclusion.
From the Paper
"Alternate dispute resolution is a practical business and personal solution, as there are significant costs associated with different ways of resolving disputes, which often outweigh the conflict itself .
The direct costs associated with disputes include the fees of lawyers and other professionals. In 1994, nearly 18 million cases were filed in U.S. courts at a cost of $300 billion.
Productivity costs involve the value of lost time, or the cost of what those involved would otherwise be producing. Continuity cost is the eventual end of relationships that would have continued without the conflict. Emotional cost reflects the pain of focusing on emotions and the problems this can cause psychologically."
Tags:American, Bar, Association, ABA, ombuds, Supreme, Court
An exploration of the ethical dimensions of the human cloning issue.
Term Paper # 53485 |
2,505 words (
approx. 10 pages ) |
11 sources |
MLA | 2000
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AU$ 61.95
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Abstract
This paper looks at various arguments against human cloning including how human reproduction needs a connection between males and females; how it is 'playing God'; the affects on identity; and the dangers of 'designer babies'. The writer concludes that cloning is just like any other innovation ans should be taken forward, all be it carefully.
From the Paper
"The arguments against human cloning that this paper will look at fall into the two categories. 1) That the negative consequences of cloning humans outweigh the benefits and/or 2) That human cloning is somehow inherently wrong. This essay will look at various arguments against human cloning including: the idea that human reproduction needs a connection between male and female' the cloning of humans is 'playing God', cloning humans will affect our identity as humans, (particularly any cloned humans) and lastly that it introduces the dangers of 'designer babies' and a grand Eugenic design. My response attempts to be from a Christian perspective informed by arguments derived from current science."
Tags:baby, consequential, designer, eugenic, fatalism, god, playing, selection, versus, voluntarism
An examination of the issues that arose from the Terri Schiavo case from legal, ethical and medical perspectives.
Research Paper # 66096 |
3,381 words (
approx. 13.5 pages ) |
26 sources |
MLA | 2005
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AU$ 61.95
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Abstract
This paper examines how although tragic, the plight of Terri Schiavo provides a valuable case study, and the conflicts and misunderstandings surrounding her situation offer important lessons in medicine, law and ethics. The author reviews the current medical understanding of persistent vegetative state, including the requirements for patient examination, the differential diagnosis, and the practice guidelines of the American Academy of Neurology regarding artificial nutrition and hydration for patients with this diagnosis. Next it examines the legal history including the 2000 trial, the 2002 evidentiary hearing and the subsequent appeals. The author argues that the law did not fail Terri Schiavo, but produced the highest-quality evidence and provided the most judicial review of any end-of-life guardianship case in U.S. history.
Outline
Abstract
Introduction
Understanding the Persistent Vegetative State
Legal History and Commentary
Competing Ethical Frameworks
Conclusion
References
From the Paper
"The Schiavo case rests critically on the concept of the persistent vegetative state and the certainty of the prediction that a patient in this state will have no meaningful recovery. The persistent vegetative state is distinguished from several other states of reduced consciousness. Brain death implies the loss of not only all higher brain functions but also all brainstem functions, including pupillary light reflexes, reflex eye movements, respirations, and gag and corneal reflexes. Determination of brain death is straightforward and is generally accepted as a criterion for death. Coma is a complete state of unresponsiveness to stimuli, although the patient may have brainstem reflexes."
Tags:euthanasia, vegetative, guardianship, life
Examines the role of the medical profession in shaping healthy policy.
Essay # 54476 |
984 words (
approx. 3.9 pages ) |
10 sources |
APA | 2004
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AU$ 19.95
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Abstract
This paper talks about how the medical profession decides, makes and implements a health policy for the government, country and work sites.
From the Paper
"Not all examples of health knowledge utilization go through a policy-making stage, and in some cases the policy comes after partial translation of the findings into practice. For example, clinical guidelines are usually developed after the medical profession in the field have already adopted an evidence-based practice and then seek to encourage its wider diffusion throughout the profession. Nevertheless, often a policy-making stage in knowledge utilization is important if the final outcomes of health, health equity, and social and economic gain are to be achieved. The potential importance of a policy stage in the process of turning evidence into application is increasingly being accepted, even for clinical practice."
Tags:science, technology, knowledge, evidence-based, clinical, pressure, group, democratic
An analysis of police conduct and accountability, with a focus on the Australian police force.
Essay # 63671 |
1,540 words (
approx. 6.2 pages ) |
3 sources |
APA | 2005
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AU$ 40.95
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Abstract
Police conduct and accountability continue to remain important ongoing issues for the reason that, regardless of how many commissions there may be to overlook conduct within the force, there will always be "rotten apples" that carry on conducting themselves in unaccepted and unethical ways. This paper discusses police conduct and accountability issues, with a focus on analyzing strategies designed to maximize ethical conduct and prevent corruption. The paper discusses everything from what types of corruption police are involved in, and how the organization can design strategies to prevent any further deviance from the force.
From the Paper
"Brutality is any type of excessive force or unjustified violence that takes place by an officer doing their work (Prenzler and Ransley: 2002). Not only does brutality include physical abuse, verbal abuse and threat making are also included under the heading of brutality. Normally it is a police officer's job to use a "reasonable" and "proportionate" amount of force when making arrests or stopping violent protests; it is when the violence or abuse becomes excessive does there become a problem, and ultimately a betrayal of trust against the community and the police force."
Tags:deviance, reform, ethics, misconduct
A discussion of the differences between the consequentialist view of ethics and the deontological.
Essay # 53486 |
1,900 words (
approx. 7.6 pages ) |
8 sources |
MLA | 2000
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AU$ 40.95
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Abstract
This paper begins by distinguishing between the two theories: Deontological approaches have, as the overarching "one" a norm or norms by which we live. Consequentialist ethics, in judging acts, rests on a controlling factor, such as agape love, the greatest good for the greatest number or increasing the total pleasure of man. Both approaches have strengths and weaknesses such as the danger of "I was just following the rules" in the deontological approach and consequentialism's main weaknesses of measurement; something such as love being indefinable Though they are different, they both lack from being isolated from the other and the more existential and community based ethical systems.
From the Paper
"A deontological approach to ethics is self-justified and intrinsically grounded. Its reference point is a norm or authority or being against which or who there is no argument (Gill P.5). In contrast, the consequentialist approach looks at the end product of a rule or act. The consequences are measured against a certain standard or goal in order to determine if they are desirable. For instance murder is wrong because society would break down if it weren't treated that way (P.7). They both have certain deficiencies that outweigh their strengths if they are used in isolation. They need to be informed by one another and by a third dimension, which could be called the existentialist. Only then do they make a useful organic whole."
Tags:utilitarianism, strength, weak
A look at the recent corporate disasters and what action is needed by management to ensure effective and appropriate corporate behavior.
Essay # 45534 |
2,306 words (
approx. 9.2 pages ) |
28 sources |
MLA | 2003
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AU$ 50.95
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Abstract
The purpose of this essay is to examine the level of involvement needed by directors, management and major shareholders in establishing and continuously encouraging effective corporate governance practices. Further, the role for legislation and regulation in supplementing and strengthening such practices is also discussed. The paper makes reference to corporate disasters experienced by corporations such as Enron, HIH Insurance, WorldCom, AMP, Harris Scarfe and One.Tel, which have all drawn great attention to the issue of corporate governance and how corporations are controlled, managed and regulated.
From the Paper
"Corporate failures, such as WorldCom and the HIH collapse, have deprived millions of company employees and shareholders of their lifetime savings and retirement benefits (Shang, 2003). Some have argued for greater legislation (Dallas & Bradley, 2002), while others have pointed out that corporate governance is not just about legal and regulatory compliance but rather it is about building a culture based on sound business practices, ethics (Julien & Rieger, 2003), and creating a climate of trust and honesty."
Tags:director, enron, harris, hih, regulation, scarfe, shareholder, stakeholder, worldcom
A review and analysis of the ethical decision using the 2001 film "Black Hawk Down."
Film Review # 145824 |
2,649 words (
approx. 10.6 pages ) |
1 source |
APA | 2010
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AU$ 61.95
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Abstract
This paper reviews and analyzes the 2001 film "Black Hawk Down," which was directed by Ridley Scott. By outlining, in chronological order, 10 ethical decisions made by U.S. military personnel in the movie, the paper argues that ethical decision making is both ambiguous and subjective. The paper delves into each of the 10 ethical decisions. For example, the paper discusses the scene of an American soldier manning a machine gun atop a Humvee. The soldier is being shot at, and he can either shoot back or not shoot back; he chooses the latter. Next, the paper asserts that these decisions can be validly argued to be both good and bad, depending on the individual's perspective and ethical beliefs. The paper concludes that it was proven that good ethical decision-making is not a concrete science, but perhaps more of an art form, full of gray areas.
From the Paper
"This serious ethical decision can be argued to have been a good one. A Hedonist could argue that while the Somali would be quite unhappy with being shot, the two soldiers would be happy that they don't have to worry about the threat of that individual Somali. As this was the decision that meant the maximum happiness for the maximum amount of people, this decision was a good one according to the hedonist argument. Believers in preventative attacks could argue that the soldiers conducted a preventative attack on the suspicious Somali as he was holding a weapon and running on a battlefield, and hence the decision to fire was a good one. It could also be argues that the circumstances were extreme in that the soldiers were alone and surrounded by hostile Somalis. In this case, extreme tactics must be employed in order to stay alive. Hence, by this argument, the soldier made a good ethical decision."
Tags:philosophy, military, ethics, rules, engagement
This essay illustrates that the separation of law and morality is both possible and impossible, depending on how one defines the phrase "separation of law and morality".
Essay # 7764 |
2,390 words (
approx. 9.6 pages ) |
38 sources |
MLA | 2002
|
AU$ 50.95
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Abstract
The essay explores the legal positivist separation thesis. It approaches the question of whether it is possible to separate law and morality from two aspects- first, the content of the law and secondly, the judicial decision making process. The writer makes reference to the policy of removing part-Aboriginal children from their families and communities, and placing them in special purpose institutions to support his argument.
From the Paper
"It has been described as ;arguably the most tragic and shameful chapter in Australia";s history.; From the late nineteenth century to the late 1960's, Australian governments carried out the policy of removing part-Aboriginal children from their families and communities, placing them in special purpose institutions. Often, these removals were carried out by force. The purpose of this removal policy was to assimilate the part-Aboriginals with the white community as the full-blooded Aboriginals were believed to be a doomed race in the sense that they would die out. A large number of the children suffered physical and emotional mistreatment following the removal from their families. The children who were removed under this policy came to be known as ";the stolen generation" This sets the backdrop against which I will discuss whether it is possible to separate law and morality with respect to the Australian court"s law making power.4 The separation of law and morality is the foundation of legal positivism. Positivists often criticize natural law theorists for blurring the line between law and morals. This essay aims, by examining three stolen generation cases, to illustrate that the separation of law and morality is both possible and impossible, depending on how one defines the phrase ";separation of law and morality."
Tags:aboriginees, australia, children, generation, indigenous, law, legal, morality, positive, racism, stolen, system
A look at the benefits the internet has brought us.
Essay # 2788 |
1,014 words (
approx. 4.1 pages ) |
1 source |
2000
|
AU$ 30.95
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Abstract
This short paper argues that the internet has improved our lives and changed things for the better. The author includes numerous examples to back up his argument.
From the Paper
"The Internet is just one of many technological innovations which have changed our lives in the last decade, yet it is by far one of the greatest. In a relatively insignificant amount of time, this simple concept has revolutionized the way we go about our lives from our use of computers, to the print media industry, to significantly affecting the workings of both large and small businesses. Pick up any magazine, newspaper, listen to the radio or watch TV and you can't help but notice the massive influence it has already had on our lives. It will also be a major force in determining our future. The question therefore has to be asked, has the "Dot-Com Revolution" changed our society for the better, or worse?"
Tags:communications, controversy, electronic, email, net, online, social, society, web, websites, www