Margolin Case: Arbitration And Negotiation

Robert Davis, a small business owner of the tow truck company J&D located in Huntsville, Texas, only truck was hit by Cassandra Brueland. Davis had just started his business in 2011 and purchased his wrecker in March 2011. His business came to a stall in December 2011 when Brueland struck and totaled his 2002 Dodge 3500 on his way to go repossess a vehicle. Both Robert and Brueland agreed that she was at fault for the accident. Robert declined the first settlement offered by Brueland insurance company claiming it wasn’t sufficient in regards to the market value of his wrecker truck, which he bought for $18,500. Bruelands insurance company finally decided to consent to a settlement of $25,000 awarded to Davis. After receiving that settlement for the damages to his truck, filed a claim with American Insurance Corporation for loss of use damages. AAIC did not honor his claim then cancelled his policy, arguing that they will only pay for what he was legally entitled to not his loss of use damages. Robert then filled a suit against request that they compensate him for the wages he lost during a two month of shutting his business down, due to no wrecker truck.

Not only did the researchers break the rule to do no harm by allowing the men to fall subject to the greatest harm possible, but they broke the rule to maximize benefits and minimize harm as well. In order to prevent ethical breaches under the principle of beneficence from occurring again, there are two steps that all researchers should take. The first step that should be taken is to assess of the justifiability of your research. What is the exact reason as to why this experiment should be done and is it really necessary? The next step is to assess the scope of risks and benefits. Are the risks that you’re putting your human subjects in worth the benefits that will be created in the end? With the help of these two steps, and by really critically thinking about the outcomes of your research, minimal breaches of beneficence should

Melaleuca’s Peak Performance Pack was tested in what was called “The Freiburg Study” where 48 healthy human subjects of various ages were given the product. Twenty four of the subjects had metabolic syndrome- with blood pressure, cholesterol, or body weight that was elevated but all still within normal range. The other 24 subjects had healthy markers closer to what would be considered ideal. They were tested for free radical activity, cholesterol levels, blood lipid levels, C-reactive protein (determines heart health), and glucose levels, insulin response and inflammation, heart rate and blood pressure (Freiburg Study).

The Food and Drug Administration is the oldest “consumer protection agency in the federal government”. The purpose of the FDA is to protect consumers by assuring that all food supplies,medical devices,cosmetics,human and veterinary drugs,and products that emit radiation are safe and secure for our use. Although the official label for the FDA was not created until the 1930’s it’s beginnings can date all the way back to the year of 1848.

A seemingly uncorrelated death of a child becomes an attack on two businesses that brought forth unwanted attention. It reveals how corporations can truly neglect their surroundings and the safety of citizens without remorse. In the quaint town of Woburn, Massachusetts, the death of Anne Anderson’s son due to leukemia quickly transformed from a personal tragedy to an extensive lawsuit. Anne Anderson approached Jan Schlichtmann, a personal injury lawyer, to tackle the case. From the beginning, Anne makes it clear that she does not want money, she simply wants an apology. At first, Jan rejects the case because he does not see money being made from the case. However, after a fateful encounter with a police due to speeding, Jan had the chance to scan the environment which promptly changed his mind

when Sue Sylvester learned that Mr. shuester had killed Titan she was very upset at losing her companion Ms. Sylvester has come to our office to ask if she can sue Mr. Schuester over the death of her beloved Titan I am considering filing a claim for intentional infliction of emotional distress. Please review the attached case, Ammon v. Welty, 113 S.W.3d 185 (Ky. App. 2002), assume it states the current law on the topic, and write an analysis of whether Mr. Schuester’s conduct meets the “intent” element of a claim for intentional infliction of emotional

The American Civil Liberties Union describes the laws surrounding felon disenfranchisement “patchwork laws.” Felon voting laws have been established at the state level, meaning that there are a wide array of policies in place to address the issue. Vermont and Maine are the only two states where everyone has the right to vote regardless of their criminal history. Florida, Iowa, and Kentucky meanwhile are the only 3 states that permanently strip felons of their voting rights. The other 45 states have more nuanced laws, that allow felons to vote after completing certain parts of their sentencing. In all, it is estimated that these laws prevent 5.85 million Americans from voting annually (ACLU). The lack of a consensus among states on felon voting

School districts should develop local problem resolution procedures. Parents should be encouraged to present concerns with a district representative. The Department should maintain a system that provides accessibility for investigations of complaints. Anyone should be able to make a complaint to the Department.

The safeguards identified in Morrissey v. Brewer were extended to probationers. In the case of Gagnon v. Scarpelli, Gerald Scarpelli pleaded guilty to an armed robbery in Wisconsin. He was sentenced to 15 years, that was later reduced to probation. I would say he got it easy there instead of serving the fifteen years he got probation, which was later revoked. Scarpelli was then caught committing burglary with another person. He then committed to the felony crime. He claimed he confessed because it was made under extreme duress, which can be true but still if they caught him, he should have known to say the truth without forcing him to say it. The Wisconsin department of corrections revoked Scarpelli’s probation because of the violation of his

Michael M. vs Superior Court is the case that brought gender-neutrality in the criminal justice system to the light. Before this case was presented to the court, few states had adopted a gender-neutral statutory rape case and California, where the case took place, was not among them. The defense argued that California’s rape laws went against the Equal Protection Clause of the 14th Amendment. Then there was case of Mary Kay Letourneau, a former schoolteacher that was engaging in a sexual relationship with her 12 year old student. Letourneau was sentenced to 6 moths in jail while Michael M. received 10 years. It’s split into two sides when it comes to the topic of statutory rape and the equality of those involved. Some see it as almost coddling

In 1989, former NSW police superintendent Harold James Blackburn was arrested and charged with 25 crimes under the Crimes Act 1900 which took place over a matter of nearly 20 years (New South Wales 1990). The charges included the crime of rape at Georges Hall in 1969 and sexual assault at Sutherland in 1985, as the Crimes Act 1900 had been updated during the periods of time that the alleged crimes took place (New South Wales 1990). When the case was presented to court in 1989, the Director of Public Prosecutions offered no evidence and the magistrate discharged Mr Blackburn on all charges (New South Wales 1990). A royal commission was established in 1990 to investigate the events and determine how an investigation could have failed to the

The DSHEA require manufacturers of new ingredients to notify and provide evidence that the ingredient is reasonably safe 75 days prior to

Mediation is a form of alternative dispute resolution in which a neutral third party helps disputants resolve a conflict (Bishop, p. 64). The employee/supervisor mediation was my first experience role-playing as a mediator in a dispute. I enjoyed the experience and recognized how significant the role of a mediator was. There are many strategies/avenues a mediator can take when conducting a mediation and it is imperative that the mediator is able to adapt their mediation strategy in order to satisfy the party’s needs. This in-class role-play gave me the opportunity to apply all the knowledge that I learned during the course, to a real workplace scenario. I especially utilized Ewert’s five-stages of mediation, by preparing, introducing, framing the issues to the parties, determining the parties’ interests, and crafting solutions. Overall, I was extremely proud of the mediation and how passionate my disputants were.

John Galtung recommended that conflict could be observed as a triangle, with contradiction (C), attitude (A) and behaviour. He explained that all three aspects must be there in a full conflict condition. Contradiction is an important factor of a conflict which mentioned through the parties, their intentions and the clash of interests between them. Attitude comprises the parties’ views and misunderstandings of each other and of themselves. Behaviour is the third factor which can involve coercion or cooperation, gestures defining conciliation or hostility. The violent conflict approach is defined through coercion, threats, and destructive assaults. Galtung’s, model suggests that each of these components influence one another, and while each

Prior to the parties getting involved in a mediation session it is understood that the parties are in agreeance to coming together as a means to promote and to bring forward a resolution. Anything that occurs within the session is understood to be confidential and if a party in any way shape or form feels that they no longer want to continue with the process, they have every right to end everything at that point in time.