This is an MBA course
Course Title; Law,Ethics,& Corporate Governance.
Please write a paper discussing Law, Ethics & Corporate Governance

Essay:Case study
Value: 40%
Length: Not to exceed, 3000 words

Task
The Family Law Amendment (Shared Parental Responsibility) Act 2006 (Cth) introduced substantial changes to the law implementing policies related to sharing parental responsibility. Discuss the substantial changes to the law with regards to the following case study (below) and the possible outcome in view of changes to the law and procedure and their impact on court decisions using the IRAC method outlined below:


IRAC is a method which assists in developing legal argument and discussion. IRAC. I = issue, that is, identify the problem; R = rule, that is, rule/s of law which may be found in legislation, the cases or both; A = analysis, where the issues, rules, legislation and cases are discussed and applied to the facts of the problem; C = conclusion, that is, at least a tentative conclusion considering that the law is a dynamic thing and that it, at least in statutory form, may change tomorrow. You normally need to follow this formula (IRAC) several times throughout your answer to a problem situation.

Place yourself in the position of writing this applying the changes to the legislation to the actual case.The case is prior to the changes in the law, however for the purposes of this assessment item, we are not concerned with that. We are seeking to apply the legislation, discuss the Issue, what Rules will apply(see keywords), how will you Analyse this, and Conclude (IRAC).




CASE STUDY

KEYWORDS

Family law ? Children ? Parenting orders ? Residence orders ? Contact orders ? Place of residence of child when one parent wishes to relocate to another country ? Proposals of parents about residence of child of marriage and contact with child ? Wife's wish to return to country of origin ? Wife applies for permission to leave Australia with child ? Whether wife should be permitted to remove child from Australia ? Wife acknowledged that she would remain in Australia if her return to her place of origin would result in order for child to reside with father ? Best interests of child paramount consideration




The parties in this case, both College graduates, were born in Turkey. They married there in 1990. The husband, an engineer, was an Australian citizen, having moved to Australia in 1974 when he was 19. The father's immediate family live also Australia. The mother had worked in both Paris and Berlin before marriage. She had a responsible position as a marketing manager in France and was also an advertising specialist in Germany. The mother has permanent resident status and arrived in Australia 3 months after the marriage. The child of the marriage, N, was born in 1995. The mother stopped working just before N's birth. When she later wished to return to work she found it difficult in Australia, securing only casual, low level clerical work.



The parties separated in July 1996. The wife had very few friends, family or other support in Australia and was unhappy living here. Turkey, on the other hand, offered her accommodation with her better employment opportunities and a life with her financially secure mother. The wife had a strong network of family and friends, including the husband's extended family, in Turkey. Without informing the father, the mother returned to Turkey with N. In addition to leaving the father a note as to her whereabouts, the wife made contact with the husband when she arrived in Turkey.


In August 1996 the husband travelled to Mumbai (INDIA) and instituted proceedings there for custody of N.(Bandura Family Court) (See U v U[2002] HCA 36 5 September 2002S256/2001).( you will need to research and find this case yourself)


In March 1997 consent orders were made granting the mother custody of N until the parties' divorce decree was granted. The mother also consented in those orders to retain N's Australian citizenship until that time.


The mother and N were in Turkey until January 2000. During their three and a half year stay in Mumbai, the father visited N 5 times, on some occasions staying with the mother and her family. The mother returned to Australia in January 1999 to attempt a reconciliation with the father. In June 1999 the father began ex parte proceedings to restrain the mother from leaving the country, as a result of which N's name went on to the 'watch list'. At the same time, he gave the mother return airfare tickets to Turkey for her and N so they could have a holiday there if they wished. The wife then tried, unsuccessfully, to leave Australia, to return to Turkey. She had not advised the father of her plans to leave


Rationale
? To exercise critical and reflective judgment about the function and purpose of the law in modern society in relation to the human services.
? To meet the generic skills of critical reflection, judgment and ethical practice and the objective of effective communication.
? To encourage research on a particular topic.
? To practice evaluating legal material and applying it.
? To practice organising your thoughts into a coherent argument.
? To practice presenting your argument to a reader.
? To develop and practice formal writing skills


Marking criteria
General marking criteria for essay
The general standard against which assessment will be made is that the essay as a whole develops ideas which address the question. The essay must demonstrate unity and coherence. The essay must be written in appropriate academic style, and be legible and properly presented. The following standards must be satisfied:


1. General:
a. Structural issues: The essay demonstrates:
? good grammar;
? good punctuation and spelling;
? good sentence structure; and
? clarity and concision in presentation of argument.
? Paragraphing is used intelligibly. Paragraphs must relate to one another, develop the unity of the essay and be coherent.

Adjacent paragraphs must be connected

.
b. Referencing technique and presentation:
? acknowledgement of sources and compiling of reference list;
? completeness and accuracy of references;
? consistency of referencing method;
? appropriate and correct use of quotes.


2. Research and analysis:

Assessment will be assessed against the following criteria:


? structure and organisation of the essay;
? knowledge of the topic;
? logic of argument and conclusions;
? theoretical understanding;
? quality of theoretical analysis;
? originality of discussion;
? search of literature;
? relevance of literature to topic;
? depth of research.




Marking criteria
In a subject like Law for Human Services you will be tested on your conceptual grasp of the principles of each area. As well as this you will be asked to recognise issues and apply the relevant principles to specific fact situations. This is why the reading of cases or case extracts is important. Cases not only provide a principle but also demonstrate how the law is being applied.

Indeed, you will find that there is rarely a right or wrong answer in most problems and so it is the process of coming to a conclusion that is being assessed. You should presume that the reader knows nothing. Remember your conclusion is not as important as your discussion and analysis. If the conclusion could be simply arrived at, there would be no legal issue -- a case involves two sides arguing diametrically opposite positions. The winner is the one with the best arguments. There is nothing that is so obvious that it should not be written down. In that sense, law is very simple and commonsensical, so do not leave your knowledge in your head. Each step of the way, explain why you have reached a certain position. Use the facts of the given problems when making your arguments. Facts can be quoted in your answers.

Answering legal problems
In a nutshell, legal writing should display competence in literary skills, legal knowledge and arguing ability.

1. Carefully read every word of the problem and identify the issues to be considered.

2. When answering the problem do not preface your answer with a general exposition of the law. You will not get marks for answering a question that was not asked. Answers should be direct and to the point.

3. You should assume the truth of the facts contained in the problem, if you make a presumption of additional facts to highlight a particular legal argument you should indicate in your answer the presumption made.

4. In answering questions which involve stating principles of law it is necessary to cite the relevant legislative provision or case reference to support the principle. When referring to cases you should give the full name of a case, for example, Bloggs v Smith (1970) 111CLR 32. Most law books contain a table of cases giving the full citation for the case. When citing cases, the names of the parties should be in italics or underlined.

5. Do not just give the name of the case. Say what it stands for and what its standing is, that is, whether it is binding authority or not. Do NOT repeat the facts of an authority unless they are very similar to those in the problem you are considering.

6. Generally the problem is not going to be answered by reference to a single case. It is very important to consider the facts of the cases and how they are similar or different from those in the problem.

If there are any differences you must consider whether these differences would be sufficient for the case to be distinguished from the one in your problem or whether in spite of the differences you believe the same principle would be applied in your problem and explain why.

You MUST include a bibliography, a table of cases and a table of statutes where you refer to these in the assignment or paper presented.

Your arguments must be balanced, discussing the authorities both for and against a particular view.

7. What is most important is that you should indicate that you are able to apply principles of law to the facts given and to draw conclusions. A method of helping you to do that is by using IRAC. I = issue, that is, identify the problem; R = rule, that is, rule/s of law which may be found in legislation, the cases or both; A = analysis, where the issues, rules, legislation and cases are discussed and applied to the facts of the problem; C = conclusion, that is, at least a tentative conclusion considering that the law is a dynamic thing and that it, at least in statutory form, may change tomorrow. You normally need to follow this formula (IRAC) several times throughout your answer to a problem situation.

Upon completion of your answer, read over both the question and answer to make sure you have answered the question asked and not some other question.

8. When you attempt the review questions for each topic, you will find a handy answer plan for the first question to get you started.

9. Logical writing, structure of the answer, expression and spelling will all be taken into account in marking answers to problems.

10. Citation of cases in the examination. When referring to a specific legal principle in the examination it may be appropriate for you to refer to (or cite) a particular case which is the authority for, or source of, that principle. You are encouraged to do so. However, it is not a fatal defect in your answer should you not be able to recall the name of the case. The proposition of law for which the case stands is more important for your purposes than the name. However, if you do refer to a case in the examination it is not necessary to provide the full citation of the case. That is, the name of the case, together with the date, volume number, name of the law report and page number. For example, Donoghue v Stevenson [1932] AC 562. You should, however, provide enough information to identify the case, for example, Donoghue v Stevenson, Donoghue's case or the 'snail in the bottle' case may be sufficient.
Standards for marking criteria
In general terms the standards for the marking criteria will be based on the following:
In order to pass this assessment component your essay must be comprehensible to the reader, relevant to the topic, comply with the presentation expectations of formal academic work, be demonstrably based on research and be your own work.
As a general guide the following chart provides guidelines for the issues that are taken into account in considering pass requirements and assessment of higher grades.

Please note the texts for this subject are as follows:
* The Law Handbook - 12th Edition, Redfern Legal Centre Publishing. - Practical guide to the Law in NSW

* Children and the law in australia - Geoff Monahan & Lisa Young - LexisNexis Butterworths

* Integrating Human Service Law, Ethics and Practice - 3rd edition - Rosemary Kennedy . Jenny Richards . tania Leiman

Products Liability Research Paper
Write a six (6) page paper

Select a company that has been the subject of a product liability lawsuit in the last ten (10) years. Research the lawsuit using legal data. Write a page paper in which you:

1. Thoroughly describe the company and the product safety issue that led to the lawsuit.
2. Thoroughly discuss the legal theories used by the plaintiff to recover in this lawsuit, how the lawsuit was resolved, and why you agree with the decision in the case.
3. Thoroughly describe the changes that have taken place in the company to ensure greater safety of this product or its products.
4. Thoroughly discuss which regulatory agency oversees the particular industry the company is in.
5. Thoroughly make recommendations to the company about avoiding future lawsuits.
6. Use at least five (5) quality legal references in this assignment. Note: Wikipedia and other Websites do not qualify as academic resources. *** PLEASE CITE REFERENCES WITHIN CONTEXT OF PAPER ***

Assignment must follow the APA formatting requirements. The specific learning outcomes associated are:
? Analyze laws relative to product safety and liability.
? Use technology and information resources to research issues in law, ethics, and corporate governance.
? Write clearly and concisely about law, ethics, and corporate governance using proper writing mechanics.

1. Select something ethically controversial
2. State your opinion concerning it.

3. Why do you feel that it is morally justified or not? * Look at relevant ethical considerations.

4. Use one of the theories listed:

Formalism

Natural Law Ethics

Cultural Relativism

Divine Command Theory

Ethical Egoism

Contextualism

5. 2 pages in length, double spaced

6. You must use something that has been in the media that serves as a basis for your remarks.

7. I would prefer if you do something on A. animal cruelty, B. vegetarianism, or C. on the war in Iraq and how when American soldiers come home after dying for their country, why they are denied the right to have a flag cover their coffin.

8. A source that must be used is an atricle from the website www.ethicsupdates.com, or go to the yahoo search engin and type in "ethics updates", and find an article related to the topic you choose.

* PLEASE tell me what this artile is, the name and author, and if it is free, send a copy of that article to me along with my paper, if you will charge me for it than I can get it myself.

Due Week 6 and worth 250 points

Dr. DoRight has recently been hired as the President of the ?Universal Human Care Hospital?, where he oversees all departments with over 5,000 employees and over 20,000 patients at the medical facility. He has been provided with a broad set of duties and oversight of numerous departments, including business development, customer services, human resources, legal, patient advocacy, to name a few. He has managers in each department that he supervises and who work with him to address the needs of the various internal and external stakeholders of the hospital. Dr. DoRight discovers that some patients within the hospital have been dying as a result of a variety of illegal procedures by doctors and nurses, and negligent supervision and oversight on their part. This was brought to his attention in a few meetings and he told his Regional Director Compliance Manager and Executive Committee in January 2009. He was told by them that the matter would be investigated and they would report any findings to him as soon as possible. After two (2) years, there have been no results from the investigation and some patients are still passing away due to the negligent activities. He also answers to a board of trustees and interfaces with numerous community organizations and corporations who have various reasons for doing business with the hospital. Dr. DoRight continues to win awards for his leadership of the hospital and meeting business goals. He was recently named ?Medical Business Executive of the Year? in 2011.

Write a six to seven (6-7) page paper in which you:
1.Determine at least three (3) different internal and external stakeholders that Dr. DoRight might have to deal with on a daily basis at the hospital.
2.Compare and contrast potential conflicts of interest that may exist between the internal and external stakeholders.
3.Discuss whether Dr. DoRight has fulfilled his ethical duty by reporting the illegal procedures.
4.Describe the deontology principle and apply it to the ethical dilemma that Dr. DoRight faces in this case.
5.Describe the utilitarianism principle and apply it to the ethical dilemma Dr. Do Right faces in this case.
Your assignment must follow these formatting requirements: ?Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; references must follow APA or school-specific format. Check with your professor for any additional instructions.
?Include a cover page containing the title of the assignment, the student?s name, the professor?s name, the course title, and the date. The cover page and the reference page are not included in the required page length.
The specific course learning outcomes associated with this assignment are: ?Analyze employee rights to health and safety in the workplace.
?Use technology and information resources to research issues in law, ethics, and corporate governance.
?Write clearly and concisely about law, ethics, and corporate governance using proper writing mechanics.
Grading for this assignment will be based on answer quality, logic / organization of the paper, and language and writing skills. Click here to view the grading rubric for this assignment.

Select a company that has been the subject of a product liability lawsuit in the last ten (10) years.

Do this if you can find info for it
http://caselaw.findlaw.com/summary/opinion/ca-court-of-appeal/2012/07/24/259673.html


Research the lawsuit using legal data.
Write a six to eight (6-8) page paper in which you:
Describe the company and the product safety issue that led to the lawsuit.
Discuss the legal theories used by the plaintiff to recover in this lawsuit, how the lawsuit was resolved, and why you agree with the decision in the case.
Describe the changes that have taken place in the company to ensure greater safety of this product or its products.
Discuss which regulatory agency oversees the particular industry the company is in.
Make recommendations to the company about avoiding future lawsuits.
Use at least three (3) quality legal references in this assignment.


Analyze laws relative to product safety and liability.
Use technology and information resources to research issues in law, ethics, and corporate governance.
Write clearly and concisely about law, ethics, and corporate governance using proper writing mechanics.

Critical Legal Thinking Case Assignment One

Respond to the following Factual Scenario. Your responses must be in APA format. Although this rubric is based on a factual scenario raising legal issues, it can be adapted to a factual scenario regarding an issue of ethical principles or business principles. Business principles are the subject of this assignment.

Important Guidelines

1. Your score will be determined by evaluation of your substantive content. Your analysis and solutions as applicable must be based on the principles of law, ethics, or business principles presented in the text and on the course site--not merely on your opinions. You must describe how application of the principles of law to the key facts support your determination of the issues. You need to show the reasoning behind your decision.

2. The length of your response should be a minimum of one page each scenerio. Most responses will be from two to three substantive pages.

3. Key facts are those facts that determine if the principles of law or business are met. You do not need to repeat the factual scenario. Doing so does not meet the requirement of recognizing the key facts. You must still demonstrate you recognize those key facts.

This paper will have a 2 cover pages, including running head, short title, page numbers,title block, and abstract but they do not count against the actual paper.

A. Margins: One inch on all sides (top, bottom, left, right).
B. Font Size and Type: 12-pt. font (Times Roman )
C. Line Spacing: Double-space throughout the paper, including the title page, body of the document, references, appendixes, footnotes, tables, and figure captions.
D. Spacing after Punctuation: Space once after all punctuation. This includes using one space (not two!) following punctuation marks at the ends of sentences.
E. Alignment: Flush left (creating uneven right margin)


Factual Scenario:

Sterling, Inc. is a manufacturer of state-of-the-art computers. For the past ten years, Sterling has acquired all of its microchips from NoBugs Corporation, the only producer of chips meeting Sterling's high specifications. The relationship has been mutually profitable. Sterling could not have built its reputation as an industry leader without NoBugs's reliable and consistently high-quality products; Sterling's business has enabled NoBugs to grow rapidly while providing its investors with an attractive rate of return.

Some months ago, several of Sterling's computers exploded shortly after installation. Upon investigation, Sterling discovered that tiny imperfections in NoBugs's microchips had aggravated a dormant design defect in the computers, causing the explosions. Analysis of the chips indicated that they were indeed below specifications and that the imperfections were caused by a slight miscalibration of NoBugs's encoding equipment. NoBugs recalibrated the equipment and promptly resumed production of perfect chips.
Sterling's losses from the explosions??"lost profits, out-of-pocket costs associated with compensating customers for the explosions, and injury to business reputation??"are estimated to exceed $20 million. Sterling and NoBugs disagree on the amount of the loss for which NoBugs should be responsible. Sterling has a strong legal case for breach of contract against NoBugs. Sterling's CEO is considering a lawsuit. She asks you to prepare a report discussing litigation strategy and the advantages and disadvantages of litigation; and discussing pretrial planning should the company opt for litigation. Draft that report.

Factual Scenario:

Ron supervises delivery of flowers for a wholesale distributor of fresh flowers, Flowers. Inc. In order to accommodate one of the companys best customers, Ron offers to immediately rush a delivery of fresh peonies. All of the delivery trucks are currently out on delivery. Ron directs an employee, Ruth, to use her own vehicle to deliver the flowers.
Ruth carelessly parks her car on a steep hill, leaving the car in neutral and failing to engage the parking brake. The car rolls down the hill, knocking down an electric line. The sparks from the broken line ignite a grass fire. The fire spreads until it reaches a gasoline station one mile away. There is a tanker truck offloading gasoline to the stations gas tanks. The fire ignites the gasoline being pumped into the tanks, and one of the tanks explodes, causing part of the station structure to fall on and injure a passing motorist, Jim. Can Jim recover damages from Ruth; from Flowers Inc? Why or why not? Identify the cause of action. Discuss each element of the cause of action, and relate them to your assessment of whether Jim has a cause of action against Ruth. Discuss the legal doctrine under which Jim might also recover from Flowers, Inc.


EXAMPLE OF APA FORMAT PAPER

Running Head: CRITICAL LEGAL THINKING CASE ASSIGNMENT 1 (COVER) CLTA 1











Critical Legal Thinking Case Assignment One
Samuel Student
Joesph Lee College






Business Class
September 9, 2009




Abstract

The federal government has power to regulate interstate commerce under the Commerce Clause of the U.S. Constitution. States may regulate interstate commerce pursuant to their police powers. Such state regulation is invalid if it unduly burdens interstate commerce, or if it conflicts with valid federal regulation. The factual scenario presents a conflict between federal and state regulation of the dimensions of oil tanker ships entering Puget Sound. Analysis of the principles of law and key facts determines that the state regulation is invalid and the federal regulation is valid.

Critical Legal Thinking Case Assignment One

Analysis of the principles of law and key facts determine that the state of Washingtons regulation of the dimensions of oil tankers entering Puget Sound is unconstitutional.

Areas and Principles of Law

The areas of law applicable to the factual scenario are the Interstate Commerce Clause; state police power to regulate interstate commerce; and the Supremacy Clause
The Interstate Commerce Clause permits Congress to regulate interstate commerce??"commerce between the states, foreign nations or Indian nations. States can also regulate interstate commerce as part of their police power to protect or promote public health, safety, morals and general welfare. However, if the state regulation is unduly burdensome on interstate commerce it will be unconstitutional because it violates the Interstate Commerce Clause. Further, if Congress has regulated in the area: the Supremacy Clause prohibits conflicting regulation of the same area by the states; and if Congress has expressly provided that its regulation is exclusive, then the states are prohibited from any regulation in the affected area. (Bagley, C., & Savage, D., 2006).

Key Facts

Congress has regulated the design, length, and size of oil tankers in inland waterways. This regulation is also in coordination with foreign countries. There is no federal expression that its regulation is to be exclusive. The state of Washington has enacted conflicting regulations regarding the size of oil tankers traveling in its territorial waters. ARCOs oil tankers used to bring oil into Washingtons inland waterways comply with the federal regulation, but not with the Washington regulation. ARCO filed suit against Washington to have the state regulation declared unconstitutional.

Analysis

Congress has the power, under the Interstate Commerce Clause to regulate the size of oil tankers to conform to international standards. In this instance, the commerce of transporting oil affects commerce both with other nations, and between states. The state of Washington also has the right pursuant to its police power to regulate the size of oil tankers traveling in its territorial waters because it is related to safety. However, such regulation must not impose an undue burden on interstate commerce. he Washington regulation violates the Supremacy Clause because it conflicts with valid federal regulation. An argument can also be made that the state regulation is an undue burden on interstate commerce because it requires a smaller size vessel than allowed by international standards.

Conclusion

The Washington regulation is unconstitutional because it violates the Supremacy Clause. It is also likely unconstitutional because it violates the Commerce clause by creating an undue burden on interstate commerce.

References

Bagley, C., & Savage, D. (2006). Managers and the Legal Environment (5th Ed). Canada:
West Legal Studies in Business.







There are faxes for this order.

This research paper must comply with APA 6th edition. It must uses scholarly journals as well as business and government sources. It must follow the following format:
1- Abstract (must include a brief summary of paper)
2- Table of Contents ( must include the following)
A. Introduction (must contain the following)
1. Purpose of Paper
3 value analysis of law, ethics, and social responsibility
Controversial topic regarding hours of service and companies finding ways around it.
Significance of topic-potential safety rewards or concerns, economic considerations and application of the regulation and any legal battles such as (big brother watching every move you make) etc.
B. Legal Section
1. Introduce the legal section (Federal Motor Carrier Regs and applicable laws that afford constant watch of the trucking industry.
2. Statement of the relevant legal principles and rules of law.
3. Application of law to topic and legal analysis
4. Legal conclusion (transition into the ethics section)
C. Ethics section
1. Must include an Utilitarian ethical analysis
a. brief intro about ethics as a branch of philosophy - and a brief explanation of the the utilitarian theory(include quotes from its most important advocates)
b. Use the Utilitarian analysis of pleasure and pain and apply a numeric value to the stakeholders that the regulations speak to. (trucking companies, general public, shareholders, government ect.)
c. Come up with a Moral conclusion based on the utilitarian model
2. Must include a Kantian Ethical Analysis
a. Brief intro and explanation of Kantian ethics.
b. Statement of Kant's ethics principle -The Categorical Imperative
c. Application of the 3 test of the categorical imperative (Universal Law test, Kingdom of End Test, Agent-receiver test.)
d. Kantian moral conclusion
3. Must include an ethical egoist analysis
a. Briefly explain what ethical egoism is and what are some of its major principles.
b. Apply this principle to the topic at hand (how and why would drivers choose to break the hours of service regulations, economic concerns and what about the companies turning the other way when their drives do not follow the regs. etc)
c. Moral conclusion based on ethical egoism and a final conclusion to the Ethics portion of the research paper and transition into the social responsibility section.
D. Social Responsibility Section
1. brief intro into social responsibility
a. define it using formulation of definitional-principle
b. Apply this definition to the companies at hand and see how they compare as well as to the topic matter at hand.
c. Social Responsibility recommendations and conclusion
E. Conclusion of paper
1. Restatement of the 3 value conclusion (law, morality and social responsibility)
2. Overall conclusion, personal opinions, recommendations and predictions.
References

It is important to use the 3 value system throughout the entire paper (law, morality, and social responsibility)
while applying the different ethical principles and addressing the trucking companies fore-mentioned (Swift Transportation and Werner Enterprise)

Assignment 3: Corporate Governance and Ethical Responsibility Research Paper
Due Week 6 and worth 250 points
Dr. DoRight has recently been hired as the President of the ?Universal Human Care Hospital?, where he oversees all departments with over 5,000 employees and over 20,000 patients at the medical facility. He has been provided with a broad set of duties and oversight of numerous departments, including business development, customer services, human resources, legal, patient advocacy, to name a few. He has managers in each department that he supervises and who work with him to address the needs of the various internal and external stakeholders of the hospital. Dr. DoRight discovers that some patients within the hospital have been dying as a result of a variety of illegal procedures by doctors and nurses, and negligent supervision and oversight on their part. This was brought to his attention in a few meetings and he told his Regional Director Compliance Manager and Executive Committee in January 2009. He was told by them that the matter would be investigated and they would report any findings to him as soon as possible. After two (2) years, there have been no results from the investigation and some patients are still passing away due to the negligent activities. He also answers to a board of trustees and interfaces with numerous community organizations and corporations who have various reasons for doing business with the hospital. Dr. DoRight continues to win awards for his leadership of the hospital and meeting business goals. He was recently named ?Medical Business Executive of the Year? in 2011.
Write a five to six (5-5) page paper in which you:
Determine at least three (3) different internal and external stakeholders that Dr. DoRight might have to deal with on a daily basis at the hospital. Discuss the duty of loyalty owed to each internal and external stakeholder.
Compare and contrast potential conflicts of interest that may exist between duties of loyalty owed to an internal stakeholder vs. an external stakeholder.
Determine whether Dr. DoRight has fulfilled his ethical duty by reporting the illegal procedures. Recommend additional steps Dr. DoRight should have taken to prevent further harm to current and future patients and reduce liability for his employer, the Universal Human Care Hospital.
Describe the deontology principle and apply it to the ethical dilemma that Dr. DoRight faces in this case.
Describe the utilitarianism principle and apply it to the ethical dilemma Dr. Do Right faces in this case.
Your assignment must follow these formatting requirements:
Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; references must follow APA or school-specific format. Check with your professor for any additional instructions.
Include a cover page containing the title of the assignment, the student?s name, the professor?s name, the course title, and the date. The cover page and the reference page are not included in the required page length.
The specific course learning outcomes associated with this assignment are:
Analyze employee rights to health and safety in the workplace.
Use technology and information resources to research issues in law, ethics, and corporate governance.
Write clearly and concisely about law, ethics, and corporate governance using proper writing mechanics.
Grading for this assignment will be based on answer quality, logic / organization of the paper, and language and writing skills. Click here to view the grading rubric for this assignment.
* I would prefer that it be written by Writer?s Username: Bestwrighter

This is an MBA course
Course Title; Law,Ethics,& Corporate Governance.
Specific Topic; Employment Laws; who are they for??

Scenario:

Congratulations! You have just been hired by Diversified Worldwide Industries (DWI), Inc., as the Vice President of Risk Management. DWI is headquartered in West Palm Beach, Florida, and has over 150 offices in 30 countries. DWI is incorporated in the State of Delaware; its ships are flagged by Liberia and the Bahamas.
The Corporation's principal activities are grouped into the following areas:

ENVIRONMENT: Water and water treatment, waste management;
OIL & ENERGY: Exploration, production, transport, refining, wholesale marketing, alternative fuels research;
COMMUNICATIONS: Telecommunications, Internet, audiovisual activities, publishing and multimedia;
LEISURE & RECREATION: Hotels, casinos, cruise ships;
REAL ESTATE: Builds homes and manages properties in active adult, age-restricted communities;
FINANCIAL: Brokerage for capital market investments in Russia, Eastern Europe, China, and emerging markets;
MANUFACTURING: Produces, distributes, markets, exports and imports spirits and wines.
Your duties as the VP for Risk Management will require that you develop knowledge and expertise in all areas of business law, consult with corporate and outside counsel on legal matters, and advise the board as to available options to reduce or minimize the risk and liability of DWI in its ongoing activities.

Assignment Details:

Read these landmark cases:

Heart of Atlanta Hotel v. U.S.
(http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=US&vol=379&page=241)

Katzenbach v. McClung
(http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=379&invol=294)

These cases upheld the Civil Rights Act of 1964 as being a constitutional exercise of Congressional power under the Commerce Clause of the U.S. Constitution. The leisure group of DWI owns and operates several hotels and casinos, one of which is "The Queen of The Nile" casino, on the Mississippi River waterfront in New Orleans. This Egyptian themed hotel and casino is quite popular with Arab-Americans and visitors who are citizens of nations in the Middle East and Northern Africa.
Recent events in the Middle East have led to an increase in anti-Arab sentiment, and several fringe groups have actually resorted to violence against persons who appear or are believed to be of Middle Eastern decent and damage to properties they own or frequent. In recent weeks, DWI and the hotel have received threats against the property and its guests via mail, phone, and e-mail. In response, DWI has circulated a memo to employees advising them of the threats and has increased security patrols on the premises. Last night, one or more snipers shot at arriving and departing guests who appeared to be of Middle Eastern descent; two guests and one employee were injured and there was damage to several doors and windows near the hotel entrance.

Additional threats against the hotel have been received, threatening bombings and additional violence unless DWI stops allowing persons believed to be Arab-Americans or others of Middle Eastern descent to stay at or visit the hotel property; several employees have claimed to be sick and have failed to appear at work this morning; Arab-American groups and others are threatening a boycott of DWI products and services worldwide if the company acquiesces to the blackmail.

Discuss the legal and ethical considerations raised by this situation and make a recommendation to the Board as to what actions DWI should take.

Be succinct and state the "purpose statement" and preview or list the topics to be discussed in the "Open" of the submission or you will loose points(NO research data or citations go here.). In the "BODY" is where we give the research data and citations that support your allegations, assertions and tells how it applies (integration) to your company (DWI). We must "integrate" research data at that very moment it is introduced into the DWI scenario in order that your "audience" can follow your logic. A proper "conclusion" should wrap-up main (researched) issues to be used by you (V.P.), to give the foundation for your recommendations to DWI executives.

HINTS:

When using government agencies explain what they do before writing any information about them.

Agencies: Dept. of Homeland Security, FBI, (OSHA)=Occupational Safety & Health Admin., Nat'l Guard, S.W.A.T., U.S. marshals, and the ATF.etc..///LAWS: Civil Rights Act of 1964, The Patriot Act, Title 18, U.S.C. Section 245 "Federally Protected Activities", Polish Alliance v Labor Board, Case studies= Atlanta Hotel v United States, Katzenback v McClung; 14th Ammendment="protection of Individual rights to a public establishment.//////Terms: vicarious liability, negligence, "respondeat superior", criminal law, civil law.., ethics audit, ethical philosophies..etc..


WE MUST KEEP YOUR O/V SCORE AT OR BELOW 25%

Assignment 4: Products Liability Research Paper

Due Week 10 and worth 250 points

Select a company that has been the subject of a product liability lawsuit in the last five (5) years. Research the lawsuit using an online legal data base such as loislaw and / or lexisnexis.

Write a six to eight (6-8) page paper in which you:

1.Describe the company and the product safety issue that led to the lawsuit.
2.Discuss the legal theories used by the plaintiff to recover in this lawsuit, how the lawsuit was resolved, and why you agree with the decision in the case.
3.Describe the changes that have taken place in the company to ensure greater safety of this product or its products, including specific policies that the company has put in place to protect consumers and end users who purchase and use its product.
4.Discuss which regulatory agency oversees the particular industry the company is in, how it ensures quality assurance and compliance, how it addresses product safety, and how the company in question can work with the regulatory agency to improve operations and product safety.
5.Make recommendations to the company about avoiding future lawsuits and discuss the ethical theories you would use to support your advice.
6.Cite at least three (3) research official academic sources.
Your assignment must follow these formatting requirements:
?Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; references must follow APA or school-specific format. Check with your professor for any additional instructions.
?Include a cover page containing the title of the assignment, the student?s name, the professor?s name, the course title, and the date. The cover page and the reference page are not included in the required page length.
The specific course learning outcomes associated with this assignment are:

?Analyze laws relative to product safety and liability.
?Use technology and information resources to research issues in law, ethics, and corporate governance.
?Write clearly and concisely about law, ethics, and corporate governance using proper writing mechanics.
Grading for this assignment will be based on answer quality, logic / organization of the paper, and language and writing skills. Click here to view the grading rubric for this assignment.

(Title) BANKING FEES IN THE US

Term Paper Format, Outline, (including Utilitarian Ethical Model) and Grading
Rubric:
5015 Term Paper
Official Huizenga School Cover Page (with author certification statement(s))
Title to Paper: Integrating Values - The Legality, Morality, and Social
Responsibility of ____________
Table of Contents
I. Introduction (5% of paper grade)
A. Purposes of Paper
? Analytical paper - ?3 value? analysis of law, ethics, and social
responsibility
? Current, controversial, and narrowly focused topic involving business
directly or indirectly
? Significance of topic
8
B. Background Information regarding topic
II. Legal Section (20% of paper grade)
A. Introduction to Legal Section
B. Statement of Relevant Legal Principles and Rules of Law
C. Application of Law to Topic and Legal Analysis
D. Legal Conclusion (and transition to Ethics Section)
III. Ethics Section (40% of paper grade as set forth below)
A. Utilitarian Ethical Analysis (20% of paper grade)
? Introduction (brief) to ethics as a branch of philosophy
? Introduction and brief explanation of Utilitarian theory
? See Cavico and Mujtaba Business Ethics text Chapter 7 for discussion of
Utilitarianism
? Stakeholder, pleasure v. pain, numerical model of Utilitarianism -
Utilitarian analysis as per required model (See required Utilitarian
model below)
? Moral conclusion pursuant to Utilitarian model
B. Kantian Ethical Analysis (10% of paper grade)
? Introduction and brief explanation of Kantian ethics
? See Cavico and Mujtaba Business Ethics text Chapter 8 for discussion
of Kantian ethics
? Statement of Kant?s Ethics Principle ? The Categorical Imperative
? Application of the Three Tests of the Categorical Imperative to topic
(Universal ?Law? Test; Kingdom of Ends Test; Agent-Receiver Test)
? Kantian Moral Conclusion
C. Additional Ethical Analysis (10% of paper grade)
? Selection by student(s) of additional third ethical theory for analysis
? See Cavico and Mujtaba Business Ethics text Part I for suggested ethical
theories
? Statement of ethical theory and key ethical principles
? Application of ethical theory and principles to topic and ethical analysis
? Moral Conclusion pursuant to additional third ethical theory
? Overall Conclusion to Ethics section as a whole (and transition to Social
Responsibility section)
IV. Social Responsibility Section (20% of paper grade)
A. Introduction to Social Responsibility section
B. Definition of term ?Social Responsibility? and formulation of definitionalprinciple
9
C. Application of Social Responsibility definitional-principle to topic
D. Social Responsibility recommendations
E. Social Responsibility Conclusion
V. Conclusion (5% of paper grade)
A. Restatement of Major ?3 Value? Conclusions
B. Overall Conclusions, Personal Opinions, Recommendations, and Predictions
Bibliography (5% of paper grade)
? Research sources (six minimum; current; primary sources or ?strong?
secondary)
? APA style for sources and citations
Style (5% of paper grade)
? Consistency of style among sections
? Grammar, spelling, and punctuation
? Lucidity and ?flow? of writing
? Integration of paper
.
The Utilitarian Ethical Model
In order to determine the morality of an action, practice, rule, or law pursuant to the
stakeholder, pleasure v. pain, numerical model of the ethical theory of Utilitarianism:
1. Accurately and narrowly state the action to be evaluated (e.g., Is it moral
for a particular company or organization to...?);
2. Identify all people and groups who are directly and indirectly affected by
the action (including the company's or organization?s constituent groups or
"stakeholders" as well as society as a whole);
3. Specify for each stakeholder group directly and indirectly affected all the
reasonably foreseeable good - pleasurable and bad - painful consequences
of the action, as far as into the future as appears appropriate, and consider
the various predictable outcomes, good and bad, and the likelihood of their
occurring;
4. For each stakeholder group, including society as a whole, measure and
weigh the total good consequences against the bad consequences, and
determine which predominates for each stakeholder group;
5. Quantify the good and bad consequences for each stakeholder group on a
numerical scale (-5, -4, -3, -2, -1, 0 +1, +2, +3, +4, +5) representing units
and extremes of pleasure and pain;
6. Sum up all the good and bad consequences assigned to the stakeholder
groups;
7. If the action results in an overall positive number, it produces more good
than bad, and is a morally right action; and if the action results in an
10
overall negative number, it produces more bad than good, and is morally
wrong; based on this model of the Utilitarian ethical theory.
Bibliography for Utilitarian model: Cavico, Frank J. and Mujtaba, B.G. (2010).
Business Ethics: The Moral Foundation of Effective Leadership, Management, and
Entrepreneurship (Second Edition). Boston, Massachusetts: Pearson Custom Publishing.

Course: MBA
Course title; Law,Ethics & Governance

Specific Topic: Ethical Analysis;Is Commerce Ever Ethical?

Guidelines;

-Summary of the history of ethical thought and the evolution of ethics in business.
-Examples of the application of the major ethical theories to business situations.
-An ethical decision making framework which can be applied to business situations.
-The role of stakeholders in a business their relationships and the organizations responsibility to its stakeholders and society
-Addressing the ethical perspectives of corperate governance,the role of the board of directors,the steps toward implementing a Stakeholders Perspective
-Future of ethics and the impact of global business (cultures,profits,laws etc.)

Review the PharmaCARE/CompCARE scenario in Assignment 2 to complete this assignment.

Write a ten to twelve (10-12) page paper in which you:

-Research three to five (3-5) ethical issues relating to marketing and advertising, intellectual property, and regulation of product safety.

-Argue for or against Direct-to-Consumer (DTC) marketing by drug companies.

-Determine who regulates compounding pharmacies under the current regulatory scheme, what the Food and Drug Administration (FDA) could / should have done in this scenario, and whether the FDA should be granted more power over compounding pharmacies.
Decide whether PharmaCARE?s use of Colberian intellectual property would be ethical in accordance with:
Utilitarianism
Deontology
Virtue ethics
Ethics of care
Your own moral / ethical compass

-Analyze the way PharmaCARE uses U.S. law to protect its own intellectual property while co-opting intellectual property in Colberia.

-Suggest at least three (3) ways the company could compensate the people and nation of Colberia for the use of its intellectual property and the damage to its environment.

-Compare PharmaCARE?s actions with those of at least one (1) real-world company whose creativity in skirting legal technicalities led to ethical lapses and financial loss.

-Determine the success PharmaCARE and WellCo shareholders would have in suits against the companies.

-Determine whether or not PharmaCARE lives up to its brand. Support the response.
Recommend at least three (3) changes PharmaCARE can make to be more ethical going forward.

Use at least five (5) quality resources in this assignment. Note: Wikipedia is not an acceptable reference and proprietary Websites do not qualify as academic resources.
Your assignment must follow these formatting requirements

Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions.
Include a cover page containing the title of the assignment, the student?s name, the professor?s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.
The specific course learning outcomes associated with this assignment are:

Analyze and assess legal and ethical restraints on marketing and advertising, relative to both consumers and organizations.
Analyze and evaluate laws and regulations relative to product safety and liability.
Explore copyright laws and intellectual property rights and assess how well they balance competing interests.
Use technology and information resources to research issues in law, ethics, and corporate governance.
Write clearly and concisely about law, ethics, and corporate governance using proper writing mechanics.
Click here to view the grading rubric.

Please see the PharmaCARE/CompCARE scenario in Assignment 2 to complete this assignment. below:

PharmaCARE (We CARE about YOUR health?) is one of the world?s most successful pharmaceutical companies, enjoying a reputation as a caring, ethical and well-run company that produced high-quality products that saved millions of lives and enhanced the quality of life for millions of others. The company offers free and discounted drugs to low-income consumers, has a foundation that sponsors healthcare educational programs and scholarships, and its CEO serves on the PhRMA board. PharmaCARE recently launched a new initiative, We CARE about YOUR world?, pledging its commitment to the environment through recycling, packaging changes and other green initiatives, despite the fact that the company?s lobbying efforts and PAC have successfully defeated environmental laws and regulations, including extension of the Superfund tax, which was created by Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

Based in New Jersey, PharmaCARE maintains a large manufacturing facility in the African nation of Colberia, where the company has found several ?healers? eager to freely share information about indigenous cures and an abundance of Colberians willing to work for $1.00 a day, harvesting plants by walking five (5) miles into and out of the jungle carrying baskets that, when full, weigh up to fifty (50) pounds. Due to the low standard of living in Colberia, much of the population lives in primitive huts with no electricity or running water. PharmaCARE?s executives, however, live in a luxury compound, complete with a swimming pool, tennis courts, and a golf course. PharmaCARE?s extensive activities in Colberia have destroyed habitat and endangered native species.

Two (2) years ago, after PharmaCARE?s research indicated that one of its top-selling diabetes drugs might slow the progression of Alzheimer?s disease, its pharmacists began reformulating that drug to maximize the effect. In order to avoid FDA scrutiny, PharmaCARE established a wholly-owned subsidiary, CompCARE, to operate as a compounding pharmacy to sell the new formulation to individuals on a prescription basis. CompCARE set up shop in a suburban office park near its parent?s headquarters, and to conserve money and time, did a quick, low-cost renovation and designated Allen Jones to run the operation?s ?clean room.?

CompCARE benefited from PharmaCARE?s reputation, databases, networks, and sales and marketing expertise, and within six (6) months had the medical community buzzing about AD23. Demand soared, particularly among Medicare, Medicaid, and VA patients. Seeing the opportunity to realize even more profit, CompCARE began advertising its services and the availability of AD23 to consumers and marketing the drug directly to hospitals, clinics, and physician offices, even though compounding pharmacies are not supposed to sell drugs in bulk for general use. To get around this technicality, CompCARE encouraged doctors to fax in lists of bogus patient names.

As production increased and hours were extended, one of Allen?s techs pointed out what appeared to be mold around the air vents. Allen immediately contacted the facilities? supervisor, who came over to inspect the lab. As time went on, workers began coughing, sneezing, and getting headaches at work, and one employee, Donna, who had a perfect attendance record, got so sick she could no longer come to work due to chronic bronchial problems. Eventually, she filed for worker?s compensation. Allen?s best supervisor, Tom, threatened to complain to OSHA about the air quality in the lab, and one of the techs, Ayesha, filed an EEOC complaint alleging she had not been promoted to supervisor because she was a Muslim; in fact, although Ayesha was a very good worker, Allen did not believe she had the management or people skills necessary to be a good supervisor. Allen discussed these issues with his boss, the Director of Operations, who told Allen that if he wants to keep his job and receive his promised bonus, he needs to fire Donna, Tom, and Ayesha, and keep his own mouth shut about the mold and the bogus prescriptions.

As CompCARE and its parent company enjoyed record profits and PharmaCARE?s stock price approached $300 per share, reports started filtering in that people who received AD23 seemed to be suffering heart attacks at an alarming rate. The company ignored this data and continued filling large orders and paid huge bonuses to all the executives and managers, including Allen, who, after being named ?Employee of the Year,? was beginning to miss production schedules due not only to his staff?s increasing use of sick leave, but also his own health issues.

PharmaCARE sold CompCARE to WellCo, a large drugstore chain, just weeks before AD23 was publicly linked to over 200 cardiac deaths. Both PharmaCARE and WellCo saw their stock price plummet.

LEG 500 ? Strayer University PAPERS GO THROUGH TURN IT IN .COM

Assignment 2: The Value of Digital Privacy in an Information Technology Age
Due Week 4 and worth 100 points

Research Websites and other technologies that provide private information on U.S. citizens.

Write a 3-4 page paper in which you:
1. List and describe at least three (3) technologies that allow an individual to research citizens? private data.
2. Discuss the advantages and disadvantages of public access to this information, both for the researchers and those who are being ?investigated?.
3. Determine what measures citizens can take to protect private information or information they do not want to be disclosed.
4. Discuss a federal law that grants the federal government the legal right to make private information on U.S. citizens available to the public, and whether or not you agree with this law.
5. Determine whether there are ?electronic privacy laws? that can prevent others from having access to ?private information? as well as how effective they are.

The specific course learning outcomes associated with this assignment are:
? Analyze employee and consumer privacy under the law.
? Use technology and information resources to research issues in law, ethics, and corporate governance.
? Write clearly and concisely about law, ethics, and corporate governance using proper writing

Imagine you are a recently-hired Chief Operating Officer (COO) in a midsize company preparing for an Initial Public Offering (IPO). You quickly discover multiple personnel problems that require your immediate attention.

-John posted a rant on his Facebook page in which he criticized the company?s most important customer.

-Jim sent an email to other salespeople protesting a change in commission schedules and bonuses and suggesting everyone boycott the next sales meeting.

-Ellen started a blog to protest the CEO?s bonus, noting that no one below director has gotten a raise in two (2) years and portraying her bosses as ?know-nothings? and ?out-of-touch?

-Bill has been using his company-issued BlackBerry to run his own business on the side.

-The secretaries in the accounting department decided to dress in black-and-white stripes to protest a memo announcing that the company has installed keylogger software on all company computers.

-After being disciplined for criticizing a customer in an email (sent from his personal email account on a company computer), Joe threatens to sue the company for invasion of privacy.

-One of the department supervisors requests your approval to fire his secretary for insubordination. Since the secretary has always received glowing reviews, you call her into your office and determine that she has refused to prepare false expense reports for her boss.

-Anna?s boss refused to sign her leave request for jury duty and now wants to fire her for being absent without permission.

As an astute manager, you will need to analyze the employment-at-will doctrine and determine what, if any, exceptions and liabilities exist before taking any action. As you proceed with your investigation, you discover the company has no whistleblower policy.


Write a four to five (4-5) page paper in which you:

Summarize the employment-at-will doctrine and evaluate each of the eight (8) scenarios described by determining:
-Whether you can legally fire the employee; include an assessment of any pertinent exceptions to the employment-at-will doctrine.
-What action you should take to limit liability and impact on operations; specify which ethical theory best supports your decision.

-Take a position on whether or not you would recommend to the Chief Executive Officer (CEO) that the company adopt a whistleblower policy. Support the position.

-Justify at least three (3) fundamental items that should be included in a whistleblower policy. Provide a rationale for your selection of each of the three (3) recommended items.

Use at least five (5) quality resources in this assignment. Note: Wikipedia is not an acceptable reference and proprietary Websites do not qualify as academic resources.
Your assignment must follow these formatting requirements:

Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions.
Include a cover page containing the title of the assignment, the student?s name, the professor?s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.
The specific course learning outcomes associated with this assignment are:

Apply the concepts of freedom versus responsibility and ethical decision making.
Compare the legal concepts of corporate governance with the ethics of corporate social responsibility.
Analyze and evaluate the employment-at-will doctrine and exceptions, as well as the protections afforded whistleblowers.
Explore the legal and ethical issues surrounding employee and consumer privacy.
Use technology and information resources to research issues in law, ethics, and corporate governance.
Write clearly and concisely about law, ethics, and corporate governance using proper writing mechanics.
Click here to view the grading rubric.

Course:MBA
Course Description:Law, Ethics and Corporate Governance

Specific Topic:Case Analysis Report;Can You Regulate Competition??

Guidelines:

Short and long-run impact on the business of full compliance with the Sarbanes-Oxley Act,considering the underlying cause for this restrictive legislation and the current cost to corporate America.

-Ethical Issues in business
-Laws requiring ethical conduct
-Fraud(define,prevention)
-Sarbanes-Oxley Act (basic provision/requirements)
-Accounting Oversight Board (purpose)
-Financial disclosure and reporting
-Whistleblowers (policies,factors affecting)
-Auditor conflicts of interest (characteristics)

"PLEASE ENSURE TO CITE THE QUALITY LEGAL REFERENCES WITHIN THE CONTEXT OF THE REPORT (WHERE YOU GOT THE INFORMATION FROM)"

* Use at least four (4) quality legal references in this assignment. Note: Wikipedia and other Websites do not qualify as academic resources. *

------

Assignment 1: Employment-At-Will Doctrine
Write a four (4) page paper

As a manager and supervisor of an accounting department, discuss the following issues related to the employment-at-will doctrine and liability of an employer based on actions and responses to the employee?s behavior and actions. Jennifer, a recent graduate, has recently been hired by your accounting firm out of college. Upon being hired, she engages in a number of different behaviors that need your attention.

For each category of behavior, describe what steps you would take to address the situation:

1. Thoroughly describe what steps you would take to address the following scenario involving skills, competence, and abilities:
? The employee seems to be unable to learn the computer applications that are basic to her job responsibilities, but, consistently ?tells? her boss that she is ?a good worker and a genius? and that he does not ?appreciate her?. Even after a few months of training and support, she is unable to use the computer tools to be productive and efficient in completing the required tasks.
2. Thoroughly describe what steps you would take to address the following scenario involving management, behavior, and performance:
? The employee tends to burst into a rage when criticized and is frequently late to work as noticed by her boss and other staff members. When her boss attempts to address her behavioral issues and the company late policy, the employee?s response is that she ? knows her rights and what to do? if she is wrongfully discharged. She also says she took a business law class in undergrad that taught her ?everything she needs to know about exceptions to the employment-at-will doctrine and wrongful discharge in violation of public policy?.
3. Thoroughly describe what steps you would take to address the following scenario involving labor and laws:
? The employee takes a day off from work, without management consent, for her religious holiday observance that falls on a day that is during ? tax season?. The day off occurred during an incredibly busy period for the company during which the employer had notified all employees they were not allowed to take off without prior management approval. Also, there is no labor union for accountants. However, she begins talking to her co-workers during lunch breaks and sometimes during regular work hours, encouraging them to organize and form a union to ?protect ourselves?.
4. Thoroughly describe what steps you would take to address the following scenario involving policies and procedures:
? The employee?s supervisor consistently asks her out on dates; the employee initially refuses to go out on a date with her supervisor. The employee later discusses the issue with her girlfriend who encourages her to accept his offers. During her new employee orientation, the employee was informed of the company policy which prevented employees from dating their supervisor and was given an employee handbook with the written policy. The employee and her supervisor later begin having a consensual relationship.
5. Use at least four (4) quality legal references in this assignment. Note: Wikipedia and other Websites do not qualify as academic resources.

The specific course learning outcomes associated with this assignment are:
? Assess how employment-at-will and Sarbanes-Oxley impact corporate whistleblowing.
? Use technology and information resources to research issues in law, ethics, and corporate governance.
? Write clearly and concisely about law, ethics, and corporate governance using proper writing mechanics.


Your assignment must follow these formatting requirements: Be typed, double spaced, using Times New Roman font (size 12) with one-inch margins on all sides; citations and references must follow APA specific format.

Assignment 3: Corporate Governance and Ethical Responsibility Research Paper
NO INTRO OR ABSTACT NEEDED. NO CONCULSION NEEDED
ALL PAPER GO THROUGH TURN IT IN.COM
Dr. DoRight has recently been hired as the President of the ?Universal Human Care Hospital?, where he oversees all departments with over 5,000 employees and over 20,000 patients at the medical facility. He has been provided with a broad set of duties and oversight of numerous departments, including business development, customer services, human resources, legal, patient advocacy, to name a few. He has managers in each department that he supervises and who work with him to address the needs of the various internal and external stakeholders of the hospital. Dr. DoRight discovers that some patients within the hospital have been dying as a result of a variety of illegal procedures by doctors and nurses, and negligent supervision and oversight on their part. This was brought to his attention in a few meetings and he told his Regional Director Compliance Manager and Executive Committee in January 2009. He was told by them that the matter would be investigated and they would report any findings to him as soon as possible. After two (2) years, there have been no results from the investigation and some patients are still passing away due to the negligent activities. He also answers to a board of trustees and interfaces with numerous community organizations and corporations who have various reasons for doing business with the hospital. Dr. DoRight continues to win awards for his leadership of the hospital and meeting business goals. He was recently named ?Medical Business Executive of the Year? in 2011.
Write a six to seven (6-7) page paper in which you:
1. Determine at least three (3) different internal and external stakeholders that Dr. DoRight might have to deal with on a daily basis at the hospital.
2. Compare and contrast potential conflicts of interest that may exist between the internal and external stakeholders.
3. Discuss whether Dr. DoRight has fulfilled his ethical duty by reporting the illegal procedures.
4. Describe the deontology principle and apply it to the ethical dilemma that Dr. DoRight faces in this case.
5. Describe the utilitarianism principle and apply it to the ethical dilemma Dr. Do Right faces in this case.
Your assignment must follow these formatting requirements:
? Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; references must follow APA.
? Include a cover page containing the title of the assignment, the student?s name, the professor?s name, the course title, and the date. The cover page and the reference page are not included in the required page length.
The specific course learning outcomes associated with this assignment are:
? Analyze employee rights to health and safety in the workplace.
? Use technology and information resources to research issues in law, ethics, and corporate governance.
? Write clearly and concisely about law, ethics, and corporate governance using proper writing mechanics.
Grading for this assignment will be based on answer quality, logic /

"PLEASE FOLLOW EXCACTLY"

Phase 2 Discussion Board
Deliverable Length: 400-650 words
Details: Read these landmark cases:

Heart of Atlanta Hotel v. U.S.
(http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=US&vol=379&page=241)

Katzenbach v. McClung
(http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=379&invol=294)

These cases upheld the Civil Rights Act of 1964 as being a constitutional exercise of Congressional power under the Commerce Clause of the U.S. Constitution. The leisure group of DWI owns and operates several hotels and casinos, one of which is "The Queen of The Nile" casino, on the Mississippi River waterfront in New Orleans. This Egyptian themed hotel and casino is quite popular with Arab-Americans and visitors who are citizens of nations in the Middle East and Northern Africa.
Recent events in the Middle East have led to an increase in anti-Arab sentiment, and several fringe groups have actually resorted to violence against persons who appear or are believed to be of Middle Eastern decent and damage to properties they own or frequent. In recent weeks, DWI and the hotel have received threats against the property and its guests via mail, phone, and e-mail. In response, DWI has circulated a memo to employees advising them of the threats and has increased security patrols on the premises. Last night, one or more snipers shot at arriving and departing guests who appeared to be of Middle Eastern descent; two guests and one employee were injured and there was damage to several doors and windows near the hotel entrance.

Additional threats against the hotel have been received, threatening bombings and additional violence unless DWI stops allowing persons believed to be Arab-Americans or others of Middle Eastern descent to stay at or visit the hotel property; several employees have claimed to be sick and have failed to appear at work this morning; Arab-American groups and others are threatening a boycott of DWI products and services worldwide if the company acquiesces to the blackmail.

Discuss the legal and ethical considerations raised by this situation and make a recommendation to the Board as to what actions DWI should take.

In your own words, please post a response to the Discussion Board and comment on other postings. You will be graded on the quality of your postings.

Post your comments to at least two other postings. Each comment must be at least 200 words in length. Use the 2X2 matrix to comment (i.e., two things you liked about the posting, and two things the student could have included to improve the posting including errors or excluding erroneous information). You will be graded on the quality of your postings.
Points Possible: 75
Date Due: Monday, Dec 08, 2008
Objective: Recognize the principal legal and ethical issues facing managers.
Apply ethical frameworks to business situations.
Use effective communication techniques.

Submitted Files: Discussion Board
Score: N/A
Instructor Comments: Instructor Comments: Hello class here are some main issues that could be addressed to meet "course expectations", be sure to also use course book concepts: :////Agencies: Dept. of Homeland Security, FBI, (OSHA)=Occupational Safety & Health Admin., Nat'l Guard, S.W.A.T., U.S. marshals, and the ATF.etc..///LAWS: Civil Rights Act of 1964, The Patriot Act, Title 18, U.S.C. Section 245 "Federally Protected Activities", Polish Alliance v Labor Board, Case studies= Atlanta Hotel v United States, Katzenback v McClung; 14th Ammendment="protection of Individual rights to a public establishment.//////Terms: vicarious liability, negligence, "respondeat superior", criminal law, civil law.., ethics audit, ethical philosophies..etc..

Only need 1 to 1 1/2 pages.
Should be business law/ethics but need a christian view.
Wanda is a new Christian who has been planning to open a business with a life-long friend who is not a believer. Wanda has heard that somewhere in Corinthians it says that Christians should not enter a business partnership with an unbeliever. Not wanting to violate the teachings of the Bible, she has decided to form a corporation with her lost friend instead of a partnership. However, Wanda still feels a little nervous about the situation. She comes to you for Christian advice.
Does this verse prohibit her from forming a corporation with her lost friend?
What about an LLC?
In considering this, Wanda remembers that she also has some stock in General Motors Corporation. She is pretty sure that GM has some unbelievers who are shareholders in GM. She is wondering whether this passage should lead her to sell her stock in GM as well.

Use the words Prohibits or Does Not Prohibit in the heading
2 Corinthians 6:14-18 may be of some use.

The Value of Digital Privacy in an Information Technology Age
Due Week 4 and worth 100 points

Research Websites and other technologies that provide private information on U.S. citizens.

Write a 3-4 page paper in which you:
List and describe at least three (3) technologies that allow an individual to research citizens? private data.
Discuss the advantages and disadvantages of public access to this information, both for the researchers and those who are being ? investigated?.
Determine what measures citizens can take to protect private information or information they do not want to be disclosed.
Discuss a federal law that grants the federal government the legal right to make private information on U.S. citizens available to the public, and whether or not you agree with this law.
Determine whether there are ?electronic privacy laws? that can prevent others from having access to ?private information? as well as how effective they are.
The specific course learning outcomes associated with this assignment are:
Analyze employee and consumer privacy under the law.
Use technology and information resources to research issues in law, ethics, and corporate governance.

Please write a 2 page discussion paper and include the References page


Organizational Foundations
As you strive to grow in your leadership skills and abilities, you will likely find that your motivation and areas of focus are influenced by the context in which you work. In a similar vein, your commitment to developing professionally can contribute toward organizational effectiveness.
To that end, it is critical to recognize the importance of organizational culture and climate. In particular, through this weeks Learning Resources, you may consider several questions: How do an organizations mission, vision, and values relate to its culture? What is the difference between culture and climate? And, how are these manifested within the organization?
For this Discussion, you explore the culture and climate of your current organization or one with which you are familiar. You also consider how the organizations mission, vision, and values are conveyed through decisions and day-to-day practices.
To prepare:
Review the information related to planning and decision making in health care organizations presented in the textbook, Leadership Roles and Management Functions in Nursing. Consider how planning and decision making relate to an organizations mission, vision, and values, as well as its culture and its climate.
Familiarize yourself with the mission, vision, and values of your organization or one with which you are familiar. Consider how these are supported, or demonstrated, through the statements and actions of leaders and others within the organization. In addition, note any apparent discrepancies between word and deed. Think about how this translates into expectations for direct service providers. Note any data or artifacts that seem to indicate whether behaviors within the organization are congruent with its mission, vision, and values.
Begin to examine and reflect on the culture and climate of the organization. How do culture and climate differ?
Why is it important for you, as a masters-prepared nurse leader, to be cognizant of these matters?
Post on or before Day 3 a description of your selected organizations mission, vision, and values. Describe how these are evidenced??"or perhaps appear to be contradicted??"in the words and actions of leaders and others in the organization, noting relevant data or artifacts. In addition, discuss the organizations culture and its climate, differentiating between the two. Explain why examining these matters is significant to your role as a nurse leader.

Foundations of an Organizational and Organizational Assessment: Program A Program Transcript
[MUSIC PLAYING]
JOAN M. MARREN: I've worked for Visiting Nurse Service of New York for over 30 years. I've worked there through transit strikes, through blackouts, through blizzards, and through 9/11. There has never been a crisis in which our staff have not made themselves available to deliver care, regardless of the emergency circumstance.
I think in home health and community nursing, the family unit is the target, so to speak, of our intervention. It's not just the individual patient, and I think that's really important. We have to provide a certain kind of service to the individual around their diagnosed health care problem, let's say, but that individual exists within the context of the family.
And that family influences the choices that that individual may or may not make about their health care problem, and, to some extent, even the larger community does. So if, for example, in the area of diet. If we are trying to encourage a diabetic, or a patient with heart failure, to incorporate certain dietary choices into their daily meal plan, but in the larger-- either in the family there isn't adequate support for that, or in the larger community it's very difficult for them to get access to fresh fruits and vegetables. That will impact, ultimately, our success in accomplishing this kind of change, or the way in which that individual is able to manage the health problem on an ongoing basis.
Behavioral change, I think, is, to a large extent, dependent upon a relationship. And so one of the basic tenets, if one is to begin to have a prayer, so to speak, of attempting to influence behavior, it has to be through the development of a trusting relationship. So a trusting relationship is also dependent upon an element of time.
It's difficult to develop trust if your opportunity for interaction with an individual or family is so severely limited that you can't get to know each other. So there has to be a certain time that you have to build trust. I think secondly, for behavior to change, the kind of interaction that takes place has to be consistent with the values and beliefs of the individual whose behavior you're attempting to modify in some way.
So that really understanding those values and beliefs is important, and understanding how they might affect an individual's choices about health care, about diet, about end of life care, for example, are really important variables in successful behavioral change. And that has to do with, I believe, recruiting staff members who share the culture and the beliefs and have greater likelihood of
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being acceptable in the home or in the community to this population group. I think it means connecting with influences in the community, such as religious groups, political groups that might be representative, or individuals that might be representative of that group. And leveraging their influence in such a way that the health care needs are addressed more consistently with the beliefs of the population.
[SPEAKING FOREIGN LANGUAGE]
We actually have a kind of a satellite, what we call the Chinatown Community Center, where people can walk in and request services of our organization, but where we also conduct blood pressure screenings, health education classes, during the season flu immunization, and so on. And are sort of very much a part of that community and visible in the community, networked with health care providers and community-based organizations, so that we are seen as a resource there. And then when people need home health care, for example, they would access it through us and would be willing to bring an organization like ours into their lives in a whole variety of ways.
So what we have done, as an organization, again, both at the individual nurse level and at a programmatic level, is to really understand what are those beliefs? What are those barriers? And what do we need to do, as individual practitioners and as a health care provider, more broadly, to make those services more accessible?
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Foundations of an Organizational and Organizational Assessment: Program B Program Transcript
KEVIN F. SMITH: Our vision, I think, is over time to be able to look at that community, look at that public, and say to them, if you come here we'll keep you safe. We'll keep you from being harmed when you're under our care. That's really our vision. And if we do that, and we do it well, we believe that all of the other elements of what one might call a business plan, a strategy, will largely fall from that, take care of themselves.
Our mission is to promote the health of the people. There are about 500,000 people who live in our service area. And when their health is threatened or it fails them, to help them address that and take care of it. That's our mission over time, to promote that health and to take care of it when it goes away in some fashion.
NURSE: Gonna strap them down. And then I'm even gonna put lead on it.
KEVIN F. SMITH: I believe what contributes to that is a shared and deep commitment on the part of everybody who works here, all 2,600 people, to that vision and that mission. The belief that they are doing good work on behalf of the community, and those community members are their family members. They are their neighbors.
I think what the staff here does day in and day out, in interaction after interaction, is make it personal. They treat one another, and more importantly, they treat patents and families like they would want to be treated, like someone who they care about would want to be treated.
Our decision making structure here tends to be very decentralized. We believe across our management team quite strongly in the power of enabling everybody in the organization. We have a saying that we use around here frequently that we don't practice administration here, we practice medicine.
And those of us who work in support and management and leadership type positions, I think we take the opportunity to constantly remind ourselves that our job is to remove barriers and enable the folks who work at the bedside delivering patient care, and those who support that effort, to allow them to do their job, give them the resources. So I think an awful lot of that is about empowering people to do their best at doing their job.
RUTH: Good morning, greeter desk. Ruth speaking. Yes. OK, I'll connect you. Thank you.
KEVIN F. SMITH: For all of the bricks and mortar and all the technology that characterizes this hospital and all of today's hospitals, this is still at its core a
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people business. And we try to adopt that approach and use it. Not just in our interactions with patients, but as we relate to problems that need to be solved, issues that need to be addressed, as we work as a team within the organization, employee to employee.
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Foundations of an Organizational and Organizational Assessment: Program B Program Transcript
KEVIN F. SMITH: Our vision, I think, is over time to be able to look at that community, look at that public, and say to them, if you come here we'll keep you safe. We'll keep you from being harmed when you're under our care. That's really our vision. And if we do that, and we do it well, we believe that all of the other elements of what one might call a business plan, a strategy, will largely fall from that, take care of themselves.
Our mission is to promote the health of the people. There are about 500,000 people who live in our service area. And when their health is threatened or it fails them, to help them address that and take care of it. That's our mission over time, to promote that health and to take care of it when it goes away in some fashion.
NURSE: Gonna strap them down. And then I'm even gonna put lead on it.
KEVIN F. SMITH: I believe what contributes to that is a shared and deep commitment on the part of everybody who works here, all 2,600 people, to that vision and that mission. The belief that they are doing good work on behalf of the community, and those community members are their family members. They are their neighbors.
I think what the staff here does day in and day out, in interaction after interaction, is make it personal. They treat one another, and more importantly, they treat patients and families like they would want to be treated, like someone who they care about would want to be treated.
Our decision making structure here tends to be very decentralized. We believe across our management team quite strongly in the power of enabling everybody in the organization. We have a saying that we use around here frequently that we don't practice administration here, we practice medicine.
And those of us who work in support and management and leadership type positions, I think we take the opportunity to constantly remind ourselves that our job is to remove barriers and enable the folks who work at the bedside delivering patient care, and those who support that effort, to allow them to do their job, give them the resources. So I think an awful lot of that is about empowering people to do their best at doing their job.
RUTH: Good morning, greeter desk. Ruth speaking. Yes. OK, I'll connect you. Thank you.
KEVIN F. SMITH: For all of the bricks and mortar and all the technology that characterizes this hospital and all of today's hospitals, this is still at its core a
2012 Laureate Education, Inc. 1
people business. And we try to adopt that approach and use it. Not just in our interactions with patients, but as we relate to problems that need to be solved, issues that need to be addressed, as we work as a team within the organization, employee to employee.
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Nurses practicing in today's healthcare environment are confronted with increasingly complex moral and ethical dilemmas. Nurses encounter these dilemmas in situations where their ability to do the right thing is frequently hindered by conflicting values and beliefs of other healthcare providers. In these circumstances, upholding their commitment to patients requires significant moral courage. Nurses who possess moral courage and advocate in the best interest of the patient may at times find themselves experiencing adverse outcomes. These issues underscore the need for all nurses in all roles across all settings to commit to working toward creating work environments that support moral courage. In this manuscript the authors describe moral courage in nursing; and explore personal characteristics that promote moral courage, including moral reasoning, the ethic of care, and nursing competence. They also discuss organizational structures that support moral courage, specifically the organization's mission, vision, and values; models of care; structural empowerment; shared governance; communication; a just culture; and leadership that promotes moral courage.
Key words: ethical work environment; shared governance in nursing; professional practice models; leadership; evidence-based leadership; moral development; moral courage; organizational empowerment; support for moral courage; the ethic of care
"Our lives begin to end the day we become silent about things that matter." (Martin Luther King, Jr.; Barden, 2008, p. 16).
Morally responsible nursing consists of being able to recognize and respond to unethical practices or failure to provide quality patient care. Moral distress has been defined as physical and/or emotional suffering that is experienced when internal or external constraints prevent a person from taking the action that one believes is right (Pendry, 2007). Ethical dilemmas in practice arise when one feels drawn both to do and not to do the same thing. They can cause clinicians to experience significant moral distress in dealing with patients, families, other members of the interdisciplinary team, and organizational leaders. Nurses experience moral distress, for example, when financial constraints or inadequate staffing compromise their ability to provide quality patient care. These situations challenge nurses to act with moral courage and result in nurses feeling morally distressed when they cannot do what they believe is appropriate (Cohen & Erickson, 2006). Nurses who consistently practice with moral courage base their decisions to act upon the ethical principle of beneficence (doing good for others) along with internal motivation predicated on virtues, values, and standards that they believe uphold what is right, regardless of personal risk.
Ethical values and practices are the foundation upon which moral actions in professional practice are based. Morally responsible nursing consists of being able to recognize and respond to unethical practices or failure to provide quality patient care. The foundation of quality nursing care includes nurse practice acts, specialty practice guidelines, and professional codes of ethics. Familiarity with these documents is necessary to enable nurses to question practices or actions they do not believe are right. Although a code of ethics and ethical principles can guide actions, in themselves they are not sufficient for providing morally courageous care. Moral ideals are needed to transcend individual obligations and rights. The moral commitment that nurses make to patients and to their coworkers includes upholding virtues such as sympathy, compassion, faithfulness, truth telling, and love. Nurses who act with moral courage do so because their commitment to the patient outweighs concerns they may have regarding risks to themselves.
Deciding whether to act wth moral courage may be influenced by the degree of conflict between personal standards and organizational directives; by fear of retaliation, such as job termination; or lack of peer and/or leadership support. In this manuscript the authors begin by describing the concept of moral courage. Next they explore personal characteristics that promote moral courage, including moral reasoning, an ethic of care, and nursing competence. Organizational structures that support moral courage, specifically organizational mission, vision, and values; models of care; structural empowerment; shared governance; communication; a just culture; and leadership are addressed.
Moral Courage in Nursing
Nurses who act with moral courage do so because their commitment to the patient outweighs concerns they may have regarding risks to themselves. Packard and Ferrara (1988) proposed that nursing is comprised of four components. These components include: (a) taking the right actions to effect health promotion and quality of life; (b) possessing the knowledge and skills necessary to discern when and when not to respond; (c) knowing what the appropriate action(s) should be; and (d) demonstrating a willingness to act, thus supporting the ethical principle of beneficence. Nurses who are morally courageous are able to confidently overcome their personal fears and respond to what a given situation requires; they act in the best interests of their patients (Day, 2007). Nurses who exhibit moral reasoning and act with moral courage demonstrate a willingness to speak out and do that which is right in the face of forces that would lead a person to act in some other way (Lachman, 2007).
Sekerka and Bagozzi (2007) have asked "What induces people to act in morally courageous ways as they face an ethical challenge in the workplace?" (p.132). They noted that nurses practice with moral courage when they confront situations that pose a direct threat to care. For example, the nurse who questions discharging home a hospitalized frail elder who lacks the appropriate level of home care services and resources, thus jeopardizing the patient's safety and wellbeing, is acting with moral courage. This nursing response is based upon a commitment to serve and advocate for patients and the profession.
Kidder (2005) has argued that an individual who acts with moral courage is committed to moral principles, cognizant of the actual or potential risk that upholding those principles may require, and willing to endure the risk. Nurses can help their colleagues develop moral courage by reaffirming their colleagues' strengths and resolve, taking risks in helping to confront obstacles, possessing vision, remaining focused and disciplined toward the intended outcome(s), and taking actions that may go against the status quo but are necessary to do what is virtuous and principled (Walston, 2003).
Purtilo (2000) identified moral courage as a necessary virtue for healthcare professionals, one that enables them to not only survive but to thrive in changing times. Purtilo noted that morally courageous individuals respond to situations that incite fear and anxiety without knowing the end result of their response because they believe in doing what is morally right. The nurse on a general medical unit, for example, who confronts the physician who is reluctant to transfer an acutely ill patient in need of intensive care to the ICU, is acting with moral courage so as to provide safe care for the patient. Purtilo stated that "a rich understanding of care includes creativity, faithfulness to one's moral foundation, and a focus on the full significance of a situation" (p. 5). Practicing with moral courage responds to the call to act with moral conviction, even when the human tendency would be to act in ways that are incongruent with one's convictions when one perceives that personal security is endangered (Purtilo).
Personal Characteristics that Promote Moral Courage in Nursing
Nurses can enhance their ability to demonstrate moral courage in nursing by advancing their moral reasoning skills, nurturing their personal ethic of care, and enhancing their professional and cultural competence. Each of these behaviors will be discussed below.
Moral Reasoning
Kohlberg's theory of moral development provides a useful framework for understanding how one's personal ability to make moral judgments is influenced over time by personal development, knowledge acquisition, experience, and the environment (Cohen & Erickson, 2006; Ketefian & Ormond, 1988). Individuals at the highest level of moral development use their conscience to determine the right course of action by independently examining and delineating moral values and principles rather than by relying on group norms (Ketefian & Ormond, 1988). Ethical environments are characterized by shared decision making, taking responsibility for the consequences of one's actions, and utilizing opportunities for collective participation that empower individuals to develop higher levels of moral judgment (Ketefian & Ormond, 1988; Murray, 2007). Nurses who work in ethical environments are "aware of an ethical culture" (Murray, 2007, p. 48). They understand their role responsibilities and how an ethical environment supports their identification of ethical issues and concerns. They engage in meaningful ethical discussions (Murray, 2007).
The Ethic of Care in Nursing
The ethic of care is characterized by attentiveness, responsibility, competence, and responsiveness. The 'ethic of care' is not a set of rules and principles. Rather, it is a way of practicing that requires specific moral qualities that facilitate taking the right action (Tronto, 1994). The ethic of care is characterized by attentiveness, responsibility, competence, and responsiveness. Resulting actions include caring for, emotionally committing to, and being willing to act on behalf of a person with whom one has a significant relationship (Beauchamp & Childress, 1994). Nursing practice that includes the ethic of care promotes moral courage. Moral courage is enhanced in situations in which the ethic of care is present as evidenced by building consensus, promoting interdisciplinary collaboration, and positively influencing outcomes that support rather than oppose moral decision making (LaSala, 2009). Consider, for example, a nurse caring for a patient with invasive ductal breast carcinoma and spinal metastases who desires to die at home surrounded by family and assisted by a hospice team, but whose husband is hesitant about taking his wife home, fearful that he will be unable to manage her care. The nurse acts with moral courage by advocating for the patient's wishes, despite the palliative care physician's recommendation that the patient remain hospitalized given the probability of imminent death. Through effective communication and collaboration with the physician, the nurse is successful in facilitating the patient's discharge home with patient-controlled analgesia and hospice care, thus responding to the patient's wishes (LaSala, 2009). The moral qualities associated with the ethic of care enable nurses to care for patients and families during times of sickness and uncertainty, provide the inner motivation to do what is right and good, and demonstrate moral courage both within the context of patient care and from the perspective of the nurses' collegial, collaborative relationships with other healthcare professionals.
Nursing Competence
Professional competence is a prerequisite for providing morally responsible care. The elements of a profession, such as formal education based on theoretical knowledge, a code of ethics, professional organizations that guide practice, and the provision of necessary service to society (Miller, Adams, & Beck, 1993), all serve to develop professional competence. Standards for ethical conduct are also necessary in order to provide morally responsible care (Maraldo, 1992).
Leininger (1991) defined transcultural nursing as a humanistic and scientific area of formal study and practice focused upon similarities and differences among cultures with respect to human care, health, and illness that are related to cultural values, beliefs, and practices (norms). These norms include the way rights and protections are exercised, and even what is considered to be a health problem (United States [U.S.] Department of Health and Human Services, 2001). Nurses need to understand and appreciate inherent similarities and differences not only locally, but regionally, nationally, and worldwide as well. In order to provide morally competent care that respects individual values and needs, it is imperative that nurses examine their own health-related values and beliefs, as well as those of the healthcare organization in which they work; it is only then that they can support the principle of respect for persons and provide the ideal of transcultural care (Bjarnason, Mick, Thompson, & Cloyd, 2009).
Organizational Structures that Support Moral Courage
McClure, Poulin, Sovie, and Wandelt (1983) observed that certain healthcare organizations seemed better able to withstand pressure on their professional environments, experiencing less upheaval and producing higher quality patient outcomes with lower morbidity and mortality rates than 'average' healthcare organizations. These same institutions showed remarkable resilience in limiting turnover and maintaining patient and staff satisfaction. These observations resulted in nursing's recognition of Magnet hospitals, a designation that recognizes organizations in which nurses want to work and patients find healing environments (Aiken & Salmon, 1994; Aiken, Smith, & Lake, 1994; American Nurses Association (ANA,) 1998). It was noted that these organizations have in place a number of structures that enhance the quality of the care provided as well as the working environment. Structures that are described below help create the context for actualizing moral courage in nursing.
Mission, Vision, and Values
Creating the foundation for an environment that fosters moral courage among nurses requires that all stakeholders have a clear understanding of the organizational mission, vision, and values, as well the philosophy of the nursing department (Lachman, 2009). Clearly stating and supporting the mission, vision, and values sets the tone for the work of nursing in the organization, pictures a state that implies a commitment to organizational improvement, and suggests the types of activities that will ensure that the organization reaches those goals. Developing a nursing philosophy allows the organization to define itself not only to its internal community, but to its external community as well.
A nursing philosophy describes professional behaviors that hold nurses responsible and accountable for exercising moral courage when acting to achieve the organization's mission and vision. According to Shirey (2005) "clarity in an organization's mission, vision, and values is key to effective management in today's increasingly complex healthcare environment. To clearly articulate mission, vision, and values, employees must experience consistency between what is espoused and what is lived" (p. 59).
Models of Care
Professional practice models include reward and recognition systems acknowledging performance improvementalong with empowerment and engagement in the workplace. Another aspect of professional nursing that promotes moral courage in the workplace includes a professional model of care that exemplifies nursing's goal of enhancing the lives of patients and colleagues. The American Nurses Credentialing Center (AACN) (2008) has defined a professional practice model as the driving force of nursing care; a schematic description of a theory, phenomenon, or system that depicts how nurses practice, collaborate, communicate, and develop professionally to provide the highest quality of care for those served by the organization (e.g. patients, families, and community). Professional practice models illustrate the alignment and integration of nursing practice with the mission, vision, and values that nursing has adapted. Fasoli (2010) has noted that autonomy, accountability, professional development, emphasis on high quality care, and delivery models that are patient centered, adaptable, and flexible provide a framework for professional practice models in nursing. Professional practice models include reward and recognition systems acknowledging performance improvement, and nurses' commitment to uphold high standards of practice predicated on a strong value system, moral courage, and quality professional relationships, along with empowerment and engagement in the workplace.
Structural Empowerment
In her theory of structural power in organizations Kanter described four structural factors within organizations that lead to empowerment (Kanter, 1983; Matthews, Laschinger, & Johnstone, 2006). She explained that employees who (a) have access to information; (b) receive support from organizational leadership, subordinates, and peers; (c) are given adequate resources to do the work; and (d) have opportunities for personal and professional development are empowered to contribute to achieving organizational goals (Matthews et. al., 2006; Ning, Zhong, Libo, & Qiujie, 2009). Empowerment may come from within, collectively as in work groups, or from the work environment (Manonlovich, 2007). Nurses who are empowered take control of their practice and participate in decision making at the point of care, thus strengthening a professional practice model and promoting positive patient care outcomes.
An example of this empowerment would be that of Nurse M, who heard other nurses on the unit discussing how patients assigned to Nurse J had recently complained of not receiving pain medication when requested. The nursing staff had recently observed notable changes in Nurse J's behavior as evidenced by being unwilling to help out, less engaged, and easily angered. One evening after receiving report from Nurse J, one of Nurse M's patients stated to her that he was in acute pain and had not received any pain medication from the nurse on the previous shift. Upon reviewing the patient's medication record, Nurse M found that Nurse J had documented that the patient received narcotic analgesia every four hours that shift. This information was also recorded in the unit's automated medication system. The following day, Nurse M discussed her findings with her nurse manager, who has a reputation for supporting, developing, and empowering her staff. Nurse M did this not only out of concern for that patient's safety and wellbeing but also because of her compassion for Nurse J whom she had known in the past as a trusted colleague and competent nurse. The nurse manager recognized Nurse M's moral courage in coming forward, and spoke with Nurse J who became emotionally distraught, admitting to drug diversion and problems with substance abuse. Although Nurse J resigned her position, the nurse manager continued to offer her support and resources to assist in her rehabilitation. Organizational factors, such as those described in this example, including open and supportive leadership, adequate resources, and professional development empower nurses to act and promote moral courage in the workplace.
Shared Governance
Shared governance promotes collaborative decision making and shared responsibility; it empowers nurses to act with moral courage by taking ownership of their practice at the point of care. Shared governance has been described as "a managerial innovation that legitimizes nurses' control over practice, extending their influence into administrative areas previously controlled only by managers" (Hess, 2004, p. 2). Research has demonstrated several positive outcomes of shared governance, including increased nurse satisfaction and retention and a more motivated, engaged nursing staff (Bretschneider, Glenn-West, Green-Smolenski, & Richardson, 2010). Work environments in which shared governance is firmly embedded facilitate active involvement of frontline staff in the creation of a professional practice model that promotes quality patient care outcomes.
Practicing in a shared governance environment nables the nurse to act with moral courage when aggressive treatment of a patient based on the family's wishes continues, despite the patient's expressed wishes that it be withdrawn. In such a situation, out of duty to the patient and to self, the morally courageous nurse will advocate for the patient by initiating conversations with other care providers, consulting with the hospital ethics committee, and utilizing other appropriate resources to engage the family and patient in meaningful discussion that can result in consensus around the goals of care. Nurses practicing in shared governance settings have access to the information and resources they need to make effective decisions, create change, and influence outcomes (Hess, 2004).
Communication
Nurses act with moral courage when they use the chain of command to share and discuss issues that have escalated beyond the problem-solving ability and/or scope of those immediately involved. The Joint Commission (TJC) requires that organizations respect the patient's right to, and need for effective communication; it directs organizations to take action to address communication needs (TJC, 2009). The strength of this directive is based upon overwhelming evidence from TJC's sentinel event database indicating that communication is cited as a root cause in nearly 70 percent of reported sentinel events, surpassing other commonly identified issues, such as staff orientation and training, patient assessment, and staffing (Joint Commission Resources, n.d.).
Every day nurses and their healthcare colleagues are confronted with challenging situations where effective communication is essential, while at the same time fraught with difficulty. Assertive communication is the act of stating a position with assurance. It is an honest, direct, and appropriate means of communicating that focuses on solving a problem (Lachman, 2009). The use of assertive communication is imperative not only to patient safety and to quality patient care, but also to invoking the chain of command. Nurses act with moral courage when they use the chain of command to share and discuss issues that have escalated beyond the problem-solving ability and/or scope of those immediately involved. Engaging the chain of command both ensures that the appropriate leaders know what is occurring and allows for initiating communication at the level closest to the event, moving the discussion upward as the situation warrants.
Just Culture
The concepts of effective communication and chain of command are inherent in a position statement recently published by the ANA. The 'just culture' model seeks to create environments that incentivize rather than punish error reporting. In a just culture, individuals are not held accountable for system problems over which they have no control. A just culture recognizes that patient care safety and quality is based on teamwork, communication, and a collaborative work environment (ANA, 2010). Just culture environments enhance moral courage in the workplace.
Leadership
Nurse leaders demonstrate moral courage when they oppose work environments that put patient safety at risk. For example, chief nurses act with moral courage when they firmly oppose cost-containment measures, such as nursing layoffs or reductions in healthcare services, that would jeopardize the delivery of safe, competent patient care. Nurse leaders can create environments that support moral courage by clearly providing guidelines for nurses to use when they observe unethical practices and by providing resources, such as ethics committees, shared governance structures, and mentoring opportunities that enable nurses to confront ethical dilemmas in practice (Murray, 2007).
All nurses can demonstrate leadership by role modeling ethical behaviors based on established nursing practice standards. They can also recognize colleagues and peers when they uphold ethical principles and demonstrate moral courage, and work to develop and implement policies and procedures that facilitate effective responses to moral distress at the point of care (Murray, 2007).
Conclusion
Nurses who possess moral courage embrace the challenge of transforming the profession and the workplace. They are the nurses who question the premature discharge of an elderly patient with no social support and limited resources, refuse to administer a medication whose efficacy or dosage they question, challenge those who treat others unjustly, or speak up when others remain silent.
Nurses who act with moral courage take risks knowing that they may encounter lateral violence, including bullying, harassment, or sabotage, as well as risk of termination. Nurses practicing with moral courage know that addressing these issues is leadership in action, the type of leadership that began with Florence Nightingale -- who role modeled moral courage on the battlefield, in the classroom, at the bedside, and among legislators in advocating for the rights of patients, colleagues, and humanity. In her writings on leadership, perhaps Nightingale said it best:
What is our needful thing? To have high principles at the bottom of all. Without this, without having laid our foundation, there is small use in building up our details. This is as if you were to try to nurse without eyes or handIf your foundation is laid in shifting sand, you may build your house, but it will tumble down (Ulrich, 1992, p.40).
the accountability and responsibility for creating environments that promote moral courageis an obligation shared by all nurses, in every role, in every specialty, in every setting. Nurses have obligations to patients, one another, and the global community to assure optimal health, personal wellbeing, and quality of life for all with whom they come in contact. In her seminal publication, Nursing Speaks for Itself, Margretta Styles (2006) described the transformation that needs to occur in nursing, writing, "There is a give and take to empowerment, so nursing must be prepared to reshape the health care environment and act as its full partner. Both the culture of the profession and the culture of the workplace must be transformed (p. 10)."
Challenges in the care environment are myriad. All professional nurses assume the responsibility for serving as patient advocates and role models. This duty exists whether nursing practice occurs at the bedside, in the classroom, in the board room, or in the research setting. Quite simply, the accountability and responsibility for creating environments that promote moral courage in practice and transform the workplace is an obligation shared by all nurses, in every role, in every specialty, in every setting.
References
Aiken L. & Salmon M. (1994). Health care workforce priorities: What nursing should do now. Inquiry 31, 318-329.
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By Cynthia Ann LaSala, MS, RN and Dana Bjarnason, PhD, RN, NE-BC
Cynthia Ann LaSala, MS, RN is a Clinical Nurse Specialist in general medicine at Massachusetts General Hospital (MGH). Ms. LaSala has extensive experience in clinical and educational roles and more than 30 years of professional organizational experience, serving in a variety of positions at local, state, and national levels. In 2006, Ms. LaSala was appointed to a four-year term on the Ethics Advisory Board for the American Nurses Association Center for Ethics and Human Rights. She has a vested interest in the specialty of ethics and is currently the coach for the MGH Patient Care Services Ethics in Clinical Practice Committee (EICP), a member of the EICP Advance Care Planning Task Force, the MGH Ethics Task Force, the American Society of Bioethics and Humanities (ASBH), and the ASBH Nurse Affinity Group. Ms. LaSala has authored and co-authored journal manuscripts, textbooks, and newsletters and has presented on a variety of clinical and educational topics.
Dr. Bjarnason serves as the Associate Administrator & Chief Nursing Officer for the Ben Taub General Hospital and the Quentin Mease Community Hospital in Houston, Texas. Dr. Bjarnason is active in a number of professional nursing organizations, including the American Nurses Association (ANA), where she serves as an appointed member of the ANA Board of Ethics and Human Rights; the Texas Nurses Association District 9; Sigma Theta Tau - Alpha Delta Chapter; the Southern Nursing Research Society; and the American Organization of Nurse Executives. She has authored/co-authored several peer-reviewed articles for professional journals. In addition to healthcare regulation and accreditation, Dr. Bjarnason's interests include patient self-determination, end-of-life care, advocacy, professionalism, and practice. She was awarded a doctorate in nursing from the University of Texas Medical Branch Graduate School of Biomedical Science (Galveston) in 2007 and has been a certified nurse executive since 1999.
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Source: Online Journal of Issues in Nursing, 2010; 15(3)
Item Number: 2010890002

I NEED 250 WORDS RESPONSE TO THE QUESTION BELOW PERTAINING TO THIS TOPIC:

The line "Each man calls barbarism whatever is not his own practice" from Montaigne's "Of Cannibals" reflects attitudes about cultural differences not only in the 16th century but in today's world as well. He writes that the test of truth is in the "opinions and customs of the country we live in . There is always the perfect religion, the perfect government, the perfect and accomplished manners in all things."("Of Cannibals") He goes on to say the people of the other country, Antartica France, are wild just as nature has produced. He says the laws of nature rule them. According to the people of the 16th century anything that was not like them was wrong. There was even published "The Courtier" by Castiglione that told of courteous behavior.(The Western Humanities, Matthews and Platt)These people from Antartica France saw how the Portuguese treated their prisoners and thought it must be more painful than their way "so they began to give up their old method and to follow this one."("Of Cannibals") If the Portuguese of the 16th century didn't think their way was the right way they wouldn't have introduced it to these people.
This attitude is reflected in today's culture also. Peers try to get each other to conform and those who are different are ostracized. This is seen in middle and high schools all over the country, and sometimes as early as elementary school. And since the events of 9/11 many Muslims are having a hard time because non-Muslims treat them as if they are all terrorists just because of their faith. Some, perhaps many have lived here all their lives, but because they aren't the "right" religion they get attacked. Even within the Christian faith there are so many denominations that they begin to believe that their views of the faith are the only way.
I don't really believe Montaigne believed there should not be cultural differences because as he talks about the differences he seems to be visualizing Antartica France. It's almost as if he's sometimes like to have a simpler life like they have.
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The following replies have been posted:
You are dealing in some complex ideas, let me see if I can summarize two key points:
1) Cultural Relativism as defined by Montaigne acknowledges differences in cultures
2) Often it is in human nature to judge others according to our cultural standards; this leads to misunderstandings, stereotyping, and mistreatment of others

I agree with both of your points, and would like to offer the Cliff Notes of Cultural Relativism for the class (a short definition of a complex concept).

Cultural Relativism: refers to the balance in a culture between the values and beliefs espoused and the laws, ethics, and behaviors of the people in that culture. If the culture exists in accordance with its values and beliefs, then it is a healthy, sustainable culture. If a culture's dominant laws and social behaviors do not align with its primary values and beliefs, the culture is unstable and will not succeed.

I NEED 250 WORDS RESPONSE TO THIS QUESTION:
So, how do you all think the current American culture would rate in Montaigne's eyes? How does it rate in your own estimation?

Name some principles which we espouse and discuss how we are doing in terms of living up to them.