Liability of Smallness: What it Means and What Can Be Done in esponse
The historical record contains few examples of the smaller underdog winning out over larger opponents, with examples such as David and Goliath being the exceptions rather than the rule. This paucity of examples is due in large part to the so-called liability of smallness which suggests smaller firms are more vulnerable to competition, a constraint that is especially salient for entrepreneurial firms that begin as smaller entities with less experience and resources compared to their larger competitors. The liability of smallness is further aggravated by the liability of newness where start-ups are viewed less favorably compared to longer-established firms. To gain some fresh insights into these issues, this paper provides a review of the relevant literature concerning the liability of smallness, the liability of newness, and how some real-world firms have responded to these constraints. A discussion concerning…...

mla

References

Aldrich, H. & Auster, E. (1986). 'Even Dwarfs Started Small: Liabilities of Age and Size and Their Strategic Implications.' In Research in Organizational Behavior, eds L.L.

Cummings and B.M. Staw. Greenwich, CT: JAI Press, pp. 165-198.

Arum, R. & Muller, W. (2004). The Reemergence of Self-Employment: A Comparative Study of Self-Employment Dynamics and Social Inequality. Princeton, NJ: Princeton University

Press.

An appellate court case that found the employer liable for hostile environment sexual harassment is Kunin v. Sears oebuck & Co. Under this claim, Karen Kunin was sexually harassed by a male employee based upon the abusive and derogatory language that was used. Kunin did not report any abuse to her employer other than to asking if cursing was harassment. The U.S. Court of Appeals found that an employer must investigate and prevent sexual harassment in the mind of reasonable employers. The fact that a host of events occurred to Pollard is an indication of how Teddy's Supplies is liable for sexual harassment. As a result, this can be used to support Pollard's claim against the company. ("Kunin v. Sears oebuck & Co," 2011)

Do you agree that Pollard was disparately treated? Why or why not? In your answer, define disparate treatment.

Yes, Pollard was disparately treated. This is when a person…...

mla

References

Development of Sexual Harassment Law. (2010). Cal State. Retrieved from:

 http://www.calstate.edu/HR/SHLaw.pdf 

Disparate Treatment. (2012). U.S. Legal. Retrieved from:  http://definitions.uslegal.com/d/disparate-treatment/ 

What is Sexual Harassment. (1998). UMD. Retrieved from:  http://www.president.umd.edu/legal/policies/def.html

For example, drunk and disorderly behavior might be a minor infraction in the real world, but a student who continually disrupts the community can be asked to leave it, given the risk he or she poses to other students. But colleges must guard against assuming responsibility for student's hurt feelings -- for example, it is conceivable that having overly stringent hate speech standards that could limit the ability of a school newspaper to support the teaching of Huckleberry Finn in the classroom.
There are many grey areas -- for example, does a university have a responsibility to expel a student recently diagnosed with a severe mental disorder who might be dangerous to others, even though he has never acted in a dangerous fashion? Whose rights hold sway, and by allowing him to remain does the school make itself liable if something bad happens? Do students illegally using the Internet to…...

Laying of benefits that accrue to the student before the court further supports the case.
In conclusion, solving issues that dent school's safety is successful if it involves the students, school administration, parents and the community at large. This allows for identification of the root causes of the problem that lead to violent behavior and drug abuse. The school should put in place forums that allow students to raise safety issues that curb them. Through these, the creation of a safe school environment results which in turn provides a conducive environment for academic excellence among the students. Once the school is safe, benefits extend to the neighborhood there is a creation of a safe community.

eferences

Mooij, T. (2012). Personal, family and school influences on secondary pupils' feelings of safety at school, in the school surroundings and at home. Teachers & Teaching, 18(2), 129-157. doi:10.1080/13540602.2012.632270

Nixon, C.L., & Werner, N.E. (2010). educing adolescents'…...

mla

References

Mooij, T. (2012). Personal, family and school influences on secondary pupils' feelings of safety at school, in the school surroundings and at home. Teachers & Teaching, 18(2), 129-157. doi:10.1080/13540602.2012.632270

Nixon, C.L., & Werner, N.E. (2010). Reducing adolescents' involvement with relational aggression: Evaluating the effectiveness of the Creating A Safe School (CASS) intervention. Psychology In The Schools, 47(6), 606-620.

Stloukal, M.E., & Wickman, S.A. (2011). School Counseling Programs as Spiritual and Religious Safe Zones. Counseling & Values, 55(2), 157-170.

It is also a cloudy issue as to whether a company can terminate employment if an individual commits and is convicted of a crime while they are in the employment of the company. If such a crime were a low level crime, that could be thought of as a "gateway" crime such as possession of pornography, soliciting prostitution or prowling, but not a crime sufficient to be made public in any way that the company would easily find out there is a sense that the crime would likely not be reported to the employer and therefore would not cause any concern for increased risk to tenants. It is also interesting that is required that owners and managers of apartment complexes must inform tenants of increased risk, if such occurrences, or more serious ones occur in within the complex, but there does not seem to be a precedence for if…...

mla

References www.questia.com/PM.qst?a=o&d=5000456701

Blakey, G.R., & Roddy, K.P. (1996). Reflections on Reves V. Ernst & Young: Its Meaning and Impact on Substantive, Accessory, Aiding Abetting and Conspiracy Liability under RICO. American Criminal Law Review, 33(5), 1345-1702. Retrieved September 18, 2007, from Questia database:  http://www.questia.com/PM.qst?a=o&d=5000456701 

DNA Diagnostic Testing Services "Background Checks" Retrieved September 18, 2007, at http://www.alphagenetic.org/id16.html

Loss Prevention Concepts Ltd. " Apartment Security Management: Consumer Tips" Retrieved September 18, 2007, at   www.questia.com/PM.qst?a=o&d=5002229417http://www.lpconline.com/apartments2.html 

Odom, C. (1995, May). Candid Candidates: What's Behind the Resume?. Security Management, 39, 66+. Retrieved September 18, 2007, from Questia database:   www.questia.com/PM.qst?a=o&d=5001262359http://www.questia.com/PM.qst?a=o&d=5002229417 

"
Lastly, the court did not offer resolution for the Plaintiff as in summation and appeals it claims that there was not good enough evidence that the accident had been an intentional criminal act and that if security had been provided the incident would not have happened.

2. The foreeseeable legal benefits of the case are twofold, that the venue and all parties in charge of it are not liable for this event as a result of the fact that there was no way to prevent it even if there had been sufficient security, therefore there is only limited if any liability for the city and the event promoter. Yet, the promoter and the city did receive strong warnings about how such a case might play out in the future if such an event occurred again and the acts that took place were proven to be criminal and if the responsible parties…...

Depending on the specific causes and determinations of responsibility, communications initiatives will emphasize the corrective actions and consequences as well as the protocols for ensuring against any possible recurrence (Locker, 2005).
If the allegations are not true, those efforts will credit the company's compliance record, commitment to the environment, and express extreme sensitivity and concern for the well-being of the child of the individual making the erroneous allegations. full intention to assist in any further investigation, compensate any individuals possibly harmed by this isolated compliance failure. If the allegations are true, executive management, legal counsel, and public relations managers will determine the appropriate offer to settle the case without formal adversarial procedures. Data analysis and research of empirical medical literature will determine the company's posture with respect to actual liability for the child's medical condition. To the extent that research indicates possible causation, the offer of settlement will incorporate that…...

mla

References

Halbert, T., and Ingulli, E. (2008). Law & Ethics in the Business Environment.

Cincinnati, OH: West Legal Studies.

Locker, K.O. (2005). Business and Administrative Communication. Boston, MA:

McGraw-Hill.

Liability
Criminal Liability and Healthcare Organizations

Providing the highest quality care possible to patients is of course the overarching goal for any ethically operating medical establishments, and should guide most practices. There are other considerations for medical practitioners and organizations, however, that must also remain present in the awareness, planning, and actions of administrators, physicians, and other personnel. Criminal liability, while not the most pervasive threat in most medical organizations, is still a very substantial risk that must be controlled. The following paragraphs provide some very brief details regarding criminal liability in two specific areas that present real and common risks to most medical organizations in the United States: Medicare/Medicaid fraud and abuse, and the abuse or neglect of patients admitted for treatment.

While most cases of Medicare or Medicaid abuse or fraud on the part of physicians or medical organizations results only in civil penalties, criminal charges have been brought and…...

mla

References

Hurley, S. & Berghahn, M. (2010). Medication Errors and Criminal Negligence: Lessons from Two Cases. Journal of Nursing Regulation 1(1): 19-43.

Taitsman, J. (2012). Educating Physicians to Prevent Fraud, Waste, and Abuse. New England Journal of Medicine. 364:102-103.

liability that a nurse encounters on the job. It provides a discussion about the legal risks involved in various health care settings for nurses. There were eight sources used to complete this paper.
For years, there have been reports of a nationwide shortage of nurses. Hospitals, medical offices and nursing homes are constantly trying to attract nurses with better hours, better benefits and sign on bonuses, but the media continues to report a shortage of nurses in almost all areas. One of the reasons for the shortage may be nurses leaving the profession for various reasons including the liability that working as a nurse creates.

Nurses have many different duties regardless of the environment that they work in. They may be required to assess patients, take vital statistics, advise the physicians on the findings, handle patient phone calls and administer medications. Many of the duties that they perform carry a risk…...

mla

References

Medication calculation skills of the medical-surgicalnurse.

MedSurg Nursing; 4/1/1997; Ashby, Denise A.

Failures to Follow Hospital Policies Result in Patient'sDeath.(Brief Article)

Nursing Law's Regan Report; 3/1/2001; Tammelleo, A. David

if, however, the plaintiff is able to prove that the defendant hotel failed to follow its own procedures in regard to the elevators and guests' rooms to the point that security was compromised then the plaintiff may be able to prove an actionable breach.
The injury and damages aspect of the plaintiff's case are clearly present and should not be the easier portion of the plaintiff's case. The nature of the plaintiff's injuries are serious and if the breach of duty is proven the plaintiff's injuries should make him a sympathetic figure to the jury.

The final requirement is that the plaintiff must demonstrate that the proximate cause of his injuries was the negligence of the defendant. Essentially, the plaintiff must be able to prove that but for the defendant's negligence the incident giving rise to the plaintiff's injuries would not have occurred. Based on the facts presented, proximate cause should…...

Atomic Mushroom should prevail.
6. The plaintiff would have available three possible causes of action related to the same set of facts: the taking of the keys. The first cause of action would be based in conversion. The problem in this approach would be the fact that the defendant's possession of the keys was only momentary and did not result in the plaintiff's suffering complete exclusion from her keys. The second course of action would be to proceed on the basis of intentional infliction of mental distress. Here the problem will be the plaintiff's ability to demonstrate that the defendant's behavior was "extreme and dangerous." As foolish and childish as the defendant's behavior may be whether such behavior raises to the level necessary for recovery for this tort under the law of most jurisdictions is questionable.

The third cause of action would be trespass to a chattel; the chattel being the…...

companies be held liable?
The issue of whether firms should be held responsible for losses sustained for external attacks on their AIS (accounting information systems) has recently come into sharp focus. On one hand, if a firm has put in place sufficient security measures, then in that case they shouldn't be held liable for any losses incurred in an external attack on their AIS. On the other hand, if a firm is negligent and has failed to put into adequate security controls, then they ought to be held liable for any losses incurred in the event of a successful security attack on their accounting information systems. There are quite a number of different types of attack that can enable access to accounting information systems (AIS), and if a company does not put measures to protect themselves against those attacks, then in the event of a successful attack the relevance and/or…...

mla

References

Beard, D., & Wen, H. J. (2007). Reducing the Threat Levels for Accounting Information Systems. CPA Journal, 77(5), 34.

Layton, T. (2007). Information Security Design, Implementation, Measurement and Compliance. Boca Raton, New York: Auerbach Publications, Taylor & Francis group.

Peltier, T. R. (2001). Information Security Risk Analysis. CRC Press.

Schneier, B., & Miller, C. (2002). In: Successful Attacks on Accounting Information System. Retrieved from: http://top-***.com/essays/Analysis/successful-attacks-on-accounting-information.html

Liability
hen a crime is committed, actus reus, police and other criminologists will need to find out who is responsible. According to the criminal justice system, if a person is accused of a crime, the people in positions of authority in that jurisdiction must determine how liable that suspect is for the actions that they have performed. Most suspects will be found to be of sound mind and therefore they are completely responsible for what they have done and will have to face the full penalty for their crimes. They will be found mens rea, meaning that the person was fully aware of the repercussions of their actions but chose to commit a crime anyway. Some people however are found to be unsound in terms of their mental faculties. These people will be considered less liable because a mental illness or sociological influences may have prevented them from understanding the full…...

mla

Works Cited

Jones, C. (2005). Genetic and environmental influences on criminal behavior. Rochester Institute: Rochester, NY.

Tavernise, S. (2012). "Ohio shooting suspect confesses, prosecutor says." New York

Times.  http://www.nytimes.com/2012/02/29/us/ohio-school-shooting-suspect-confesses-prosecutor-says.html?_r=1&ref=us

Liability
On December 3, 1984; the lives of residents of Bhopal, India were changed dramatically. This occurred with the release of 40 tons of Methyl Isocyanate Gas (MIC) leaked from the Union Carbide plant. The result is that more than 3,800 people died from the release of this substance into the atmosphere. The lasting effects are that local and national regulations were streamlined under the Bhopal Gas Leak Disaster Act. The public is interested in the case, as it has implications on the way environmental protections are applied by multinational corporations inside developing countries. This caused all regulations to become integrated into a single standard. (Broughton, 2005)

The case involving Joe and James is showing how both can be arrested for assault. At the same time, each side can sue each other for negligence, emotional distress, lost income and pain / suffering from their injuries. The situation with Chuck and Bill is…...

mla

References

2011 Minnesota Statutes. (2011). MN. gov. Retrieved from:  https://www.revisor.mn.gov/statutes/?id=347.02&year=2011 

Palsgraf v. Long Island R. Co., 248 N.Y. 339. (2015). New York, NY: Thompson Reuters

Broughton, E. (2005), The Bhopal disaster and its aftermath: review. NCIB. Retrieved from:  http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1142333/ 

Owen, D. (2007). The Five Elements of Negligence. Hofstra Law Review, 35 (1671), 1-10.

BK Product Liability
Product liability is a complicated and expansive sect of law and society. The role of the consumer is very important in the economic processes and political organization of our environment. As a result of this influence, product liability laws are continually evolving and reaching out into new areas of commerce.

The purpose of this essay is to examine the product liability law case of Byslma v. Burger King Corporation. This essay will document and describe the background and company history and its relation to the product safety issue. The essay will also discuss the legal theories and strategies that the plaintiff used and is using in its current appeal. I will also explore the very complex map of regulatory agencies that are designed to oversee and eventually protect citizens of its subscribers. Lastly this essay will argue for certain recommendations to the company to avoid future problems of a…...

mla

Works Cited

Baker, R. (2013). 9th Circuit restores 'phlegm burger' suit following Wash. high court guidance. Reuters, 27 Feb 2013. Retrieved from circuit-restores-phlegm-burger-suit-following-wash-high-court-guidance/http://blog.thomsonreuters.com/index.php/9th-

Gullo, K (2013). Burger King Suit Over Spit in Sandwich Revived by Court. Bloomberg, 12 Feb 2013. Retrieved from   lawsuit-over-spit-in-meal-revived-by-appeals-court.htmlhttp://www.bloomberg.com/news/2013-02-12/burger-king -

Payne, C. (2013). State's high court: Washington Product Liability Act permits emotional distress in the absence of injury. Lexology, 13 Feb 2013. Retrieved from   cdae29542663http://www.lexology.com/library/detail.aspx?g=416db404-a4d7-4753-9726 -

Stearns, D. (2009). Product Liability: How it Turned Strict. Food Safety News, 2 Sep 2009. Retrieved from   strict/#.UUDN1FfX842http://www.foodsafetynews.com/2009/09/product-liability-how-it-turned -

For the last decade, total quality management has been considered the gold standard in quality management in the healthcare setting.  Therefore, the question is not really whether we can apply total quality management in hospitals, but what steps hospitals need to take to implement this type of management within their organizations.

The first thing to keep in mind is that modern hospitals are not simply hospitals; they are almost all part of larger healthcare networks.  This has the potential of dramatically improving patient care, as the range of care that a patient can access through a....

Accounting ethics are incredibly important because accountants are entrusted with handling money for individuals, businesses, and other organizations.  Unethical accountants can expose a business to financial risks and liabilities, even if their breaches of ethics do not amount to criminal behavior or involve intentional wrongdoing on the part of the accountant.  Huge financial scandals, such as Enron, could not occur without ethical breaches on the part of the accountants because the financial structure of large organizations requires at least passive participation in wrongdoing by people at the accountant level.  Accountant ethics are....

Adventure tourism refers to international or domestic travel that involves traveling to a remote location in order to take part in physically challenging outdoor activities.  While many people think of daredevil type activities when they think of adventure tourism, adventure tourism does not require risky activities.  Any activity that is physically challenging and occurs outdoors can qualify, so milder activities like hiking, backpacking, zip lining, rafting, biking, skiing, snowboarding, or snorkeling would all fall under the adventure tourism umbrella. Of course, adventure tourism also includes high-risk activities like swimming with sharks.  However,....

Yes, we are often too quick to assume that the most recent evidence is inevitably the strongest. Our tendency to prioritize recent evidence is influenced by the availability bias, which is a cognitive bias that gives greater weight to information that is readily available in our memory or immediate surroundings. As a result, we often assume that recent evidence is more reliable and accurate.

However, the strength of evidence should not solely depend on its recency. It is crucial to consider various factors in evaluating the strength of evidence, such as:

1. Research design: The rigor and methodology of the study should....