Tort Reform And Frivolous Lawsuits

Tort Reform And Frivolous Lawsuits
As defined Tort reform advocates propose among other things, procedural limits on the ability to file claims, and capping the awards of damages.
There are common goals for each different tort reform; some of these include
To make it more difficult for injured people to file lawsuits
To make it more difficult for injured people to obtain a jury trial
To place limits on the amount of money injured people received in a lawsuit.
Frivolous lawsuits are lawsuits that cannot be supported under existing legal precedent. In political debate the term frivolous is used to describe torts as
a small connection between the defendant and the plaintiff where the damages sought after are too high. The U.S. sees about 15 million lawsuits each
year that
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Environmental Control and Pollution in Nigeria
INTRODUCTION
Civilization has been overwhelmed with fearful reports that mankind is steadily working towards self – destruction through the process of uncontrolled
pollution of the environment. A casual look at our surroundings shows reckless attitude of people towards environmental preservation.
Due to this development, regulations and standards have been set to ensure cleaner and safer environment. These regulations are enforced by agencies
like National Environmental Standard and Regulation Enforcement Agency (NESREA), Federal Environmental Protection Agency (FEPA) and State
Environmental Protection Agencies (SEPAs).
There are environment regulations currently in place which include regulation on noise, erosion, flood, for ... Show more content on Helpwriting.net ...
They impart a high Biological Oxygen Demand (BOD) load to the liquid waste. These organic compounds are readily degraded in aqueous medium
by soil and microorganisms present in the sewage. During this process, Dissolved Oxygen (DO) in the stream is used up. When the DO is reduced
below a certain limit, aquatic life is affected adversely. Oil spillage from tankers and ships leads to thepollution of beaches. Some wastes from
pharmaceutical and petrochemical industries and coke–ovens contain phenols which are toxic to fish, microorganisms and other aquatic life. Liquid
effluents from industries manufacturing drugs, dyestuffs, pesticides and detergents can also be toxic. Usage of anionic detergents which are not
biodegradable leads to a lot of foaming and frothing.
п‚·пЂ Inorganic pollutants and heavy metal pollution
Alkalis, acids, inorganic salts and other chemicals formed during processing lead to inorganic pollution. Besides being the cause of corrosion of
metals, these chemicals are toxic to aquatic life. Industries like paper and pulp, tanneries, textiles and coke–ovens among many others, discharge these
chemicals. Inorganic chemicals such as free chlorine, ammonia, hydrogen sulfide and other sulfides, salts of metals like Cr, Ni, Zn, Cd, Cu, Ag etc. are
usually found in metal plating liquid wastes, alkali

Pros And Cons Of Water Desalination
Water is the nerve of life. It affects the food, energy, environment and health of billions of people living on the planet earth. Large populations living
in vast arid areas around the world suffer from water scarcity. With exceedingly limited resources of water, about 200 million people distribute the
Arab countries in North Africa, and the Middle East depends mainly on fossil groundwater that is a non–renewable resource. However, modern
technology provides them a gift "Desalination" it is the technique of removing salt and other impurities from seawater in order to make it suitable for
human use. This essay will discuss desalination as a necessary solution to water shortage in the future from various aspects such as sustainability,
environment, ... Show more content on Helpwriting.net ...
Approximately 75% of the Arab population live below the water scarcity level, half of them live under the level of 500 m3/cap./year (UNISCO
2015, p78). Some argue that people live in this region can rely on groundwater. However, groundwater is already exhausted and under high pressure
by the growing population. Moreover, boreholes and wells are vulnerable to quality reduction, pollution and seawater infiltration (Alghariani 2003).
Accordingly, people should depend on desalination as a reliable and practical alternative. For Example, recent estimates indicate that up to 25 million
m3 of desalinated water produce daily worldwide, of which almost two–thirds the production and 77% of all Desalination plants located within
countries of the Middle East and North Africa (Lattemann and HГ¶pner 2008). Another example, Qatar is an Arabian country with nearly no water (74
mm/year of precipitation rain). However, the water consumption in this country considered among the highest (430 L./cap./year) worldwide, and almost
all water come from Desalination (Al–Attiya 2012). In short, for water scarcity regions such as Arab region, desalination will be the best sustainable
and secure source of

Medical Malpractice Insurance
Liability insurance has the effect of shielding the insured party from some or all of the damages that are present. The insurer pays a premium to buy
insurance in the first place but the premium is a large setback at the time of purchase. Therefore, insurance will cause the injurer to take too little care
from a social perspective. This moral hazard problem ultimately hurts the injurer, however, becauseinsurance companies are aware of the problem and
set the premium up front to reflect the actual risk. In malpractice insurance, most policies have two coverage limits: A per–occurrence limit and an
aggregate limit. The per–occurrence limit states how much the insurer will pay for a single loss, claim, or occurrence. An aggregate limit is the total
amount an insurer will pay for all claims in a given policy period, typically for one year. ... Show more content on Helpwriting.net ...
The first is the issue of related claims. Most medical malpractice liability insurers will take the position that two separate claims of medical
malpractice arising out of a similar set of related facts constitutes a single occurrence or claim for insurance purposes. This is important because if
multiple claims are considered a single occurrence for insurance purposes, the claims will be governed by a single per occurrence coverage limit.
Another important issue is defense

The Medical Malpractice Liability System
A tort action is brought about through provisions of private law and asserts that one party has experienced harm from the actions of another party and
that the injured person seeks compensation for the harm (Pozgar & Santucci, 2009). Tort reforms are connected to shifts in medical malpractice law
since the 1980's when moves were made to change from court–decided Common Law to incorporation of statutes from many state legislatures (Waters,
Budetti, Claxton, & Lundy, 2007). This paper will discuss the current state of tort law, the need for reform, and proposals for effective reform. Tort
Law Today The medical malpractice liability system in the United States has two main purposes: (1) to provide compensation to patients injured through
... Show more content on Helpwriting.net ...
This potential for legal action by patients incentivizes physicians to purchase malpractice insurance as a protection against the devastation of
attempting to pay such extreme amounts out of pocket; and whether due to the high cost of claims, the opportunity to profit or other forces, malpractice
insurance premiums continue to climb similar to premiums for most other insurance types (Rakoczy, 2013). Proponents of reform also point to a
tendency of physicians to protect against legal fault–finding through over or under–utilization of diagnostics and procedures, known as defensive
medicine. For example, although empirical evidence has long supported avoidance of cesarean deliveries at 39 weeks in the absence of certain medical
indications and demonstrated no better outcomes than vaginal deliveries, a high rate of cesarean deliveries continues in the United States, which
allows the physician to demonstrate they have done all they can to assure a healthy delivery and position for defense against malpractice (Braunstein,
2012). Complicated by a healthcare system that financially rewards physicians for providing more services, approximately thirty percent of diagnostics,
procedures, and hospitalizations are unnecessary, do not improve the patient's condition and may, in fact, cause harm (Braunstein, 2012). Opponents of
tort reform state that the purposes of such tort actions are a protection for the patient and that placing caps on the amount of damages awarded

Tort Law
Expanding Reasonableness in the Field of Torts Induces Efficiency and Fairness
1. Introduction
Over the past several years the body of laws governing compensation in tort law has substantially transformed from its common law origins. In the
course of what many have advocated in the name of "tort reform," more than half of the United States have revised, or attempted to revise, one or
more aspects of tort liability and damage principles to a greater or lesser degree. Tort law is, of course, constantly evolving; everyday in courts across
the country, judges, attorneys and jurors are making and reshaping the law. Despite efforts for reform, one still cannot overlook the nature of modern
torts and fail to ... Show more content on Helpwriting.net ...
Employing two different sets of recovery is cumbersome and confusing for those seeking recovery. Also, the courts would have an easier time of
understanding and applying one set of laws and regulations than two different sets as we have today. Historically, however, the use of negligence
theory for such purposes was drastically limited by the requirement of privity.10 This requirement stems from an 1842 English case, Winterbottom,
where the driver of a mail coach was injured when the coach broke down due to a lack of repair.11 He sued the defendant, who contracted with the
post office to keep the coach in good condition. The court held that since the defendant 's original duty or repair arose out of a contract; that duty
extended only to the other contracting party; the post office. Since the plaintiff never contracted with the defendant, his lack of privity meant that he
could not recover, either in contract or more importantly for this discussion, tort. 12
During the seventy years following this case, the courts modified that rule to permit negligence suits without privity where personal injury occurred
from an "inherently dangerous" defective product.13 A consumer who was made sick by contaminated food, for example, could sue the manufacturer,
even though she had made her purchase from a retailer; the food was said

Arguments Against Tort Reform
Tort reform refers to laws passed on a state–by–state basis that basically places limits or caps on the type or amount of damages that can be awarded
in personal injury lawsuits. Personally, I definitely agree that tort reform should be passed into law for every state because sometimes the damages
that are awarded in lawsuits are too excessive. Moreover, tort reform still allows for the plaintiff to recover damages just not at an excessive and
unreasonable amount of damages.
Tort reform would also significantly reduce the number of weak and baseless lawsuits that courts are forced to see every year. Additionally,
medical malpractice lawsuits flood the court system and they are a big reason for high medical prices. It could be argued that expensive lawsuits
increase the cost for companies to provide medical care, then the high cost is passed down to the consumer, or the insurance company who then
raises the cost of insurance premiums to cover the higher medical bills. Ultimately, this ends up affecting all Americans and the price that we have to
pay for medical care all because someone sued for medical malpractice and ended up being awarded a huge and excessive damage award.
A great reform proposal is listed on page 335, it's about limiting damage awards. The state would limit the amount of damages that can be awarded in a
medical ... Show more content on Helpwriting.net ...
Another argument against Tort reform is that according to the Los Angeles Times, although many medical malpractice lawsuits are deemed frivolous,
defensive medicine only accounts for a very small percentage of overall health care spending. This argument is supported by this article :

Federal Debt and Deficit: the Solutions
The historical federal spending of the government has already done significant damage to America; spending habits have increased the federal budget
deficit at alarming rates adding $2.7 trillion to the national debt in two years, $1.4 trillion in the 2009 fiscal year and $1.3 trillion in 2010.
(Montgomery) These deficits are largely caused by increases in spending rates. The current Obama Administration has used the recession in their favor
to expand both the government and spending.
America has not seen deficits of this nature since World War II with spending levels reaching 25% of the GDP and deficits reaching 10% of the GDP.
And, even when this recession comes to an end, estimates show that annual deficits will continue to surpass ... Show more content on Helpwriting.net ...
The Obama Administration alone has added billions in new federal spending and though their aim was to improve the economy, their recessionary
spending has done nothing but add to the deficit. In addition to cutting administration spending and enacting spending caps, programs like Medicare,
Medicaid, and Social Security, which are responsible for a large dent in the deficit, need to be reformed. While still offering all of these programs, the
government needs to find new ways to offer them without putting the country into even more debt on an annual basis; controlling entitlement programs
would have a positive effect on the national deficit. Lastly, cutting military expenses and getting troops out of other countries.
Solutions
This section illustrates how a reduction in spending could eliminate the federal budget deficit over 10 years. It shows projections of revenues and
spending as a share of GDP based on the March 2011 Congressional Budget Office estimates. My projections for revenues assume the extension of the
2001 and 2003 income tax cuts, extension of alternative minimum tax relief, and repeal of the tax increases

Malpractice
State Medical Malpractice
Creating Change Within Organizations HCS 587
Most hospitals, staff nurse and physicians biggest fear, is being sued for malpractice. As health care providers, we strive to do right by the patient,
always practicing safety first. Medical malpractice, periodically referred to as medical negligence, it happens when a health care provider violates the
governing standard of care when providing treatment to a patient, the source the patient to suffer an injury. TheUnited States malpractice system has
two objectives: to compensate patients who are injured through negligence by a healthcare provider and to discourage health care providers from
practicing negligently Malpractice is a ... Show more content on Helpwriting.net ...
These laws are passed in every state to have the best interest for all. First provision is that all practicing physicians must have malpractice insurance.
Malpractice insurance is needed as they are held accountable to pay the first $250,000 to the plaintiff. The limit that the plaintiff can received is
$250,000 per health care provider, a defendant may be more than one health care provider. If you are for example, filing a law suit against a group
of physicians, they each will be responsible for their portions. When a health care provider (defendant) is held negligent they will just have to pay
their portion. Either way the total limit or cap someone can receive in Indiana is $1,250,00. They also have in place, a Patient Compensation Fund
(PCF). This fund will help with the remainder of what the plaintiff is awarded, but will not exceed $125,000,00. The PCF will award the plaintiff over
the $250,000 but not more than $125,000,000. Which means Patient Compensation Fund is capped at $1 million, so it can not exceed $1.25 million
Rational for Selection Indiana was the first state to pass medical malpractice reform legislation in 1975, that shows their initiative to growth the times.
Their law has repeatedly endured any constitutionality challenges. I have to commended a state that has been able to be a head of the curve. They
have been able to luckily not have any of their laws overturned like many other

Notes On Amana Growth Fund Essay
Amana Growth Fund (AMAGX) is an Islamic Growth Fund that favors large–cap investments. AMAGX seeks high–quality companies with
sustainable growth rates, with free cash flows, and strong balance sheets. Companies free of excess debt are more likely to have low price volatility and
constant rising dividends. Amana Growth Fund advocates ethical investing to avoid crises of reputational damage, higher costs, lost production, and
fraudulent operations. Amana Growth Funds Trust is the first and largest client of Saturna. The Fund follows Islamic principles and imposes
restrictions on the securities that the Trust may invest in. The Amana Growth Fund invests in large–cap value investments. The Fund favors businesses
with an expected higher growth than the economy. The ethical investments increase the positive impacts of an organization (Amjad, R., Ashiq, H.,
Hassan, M., Inam, H., Kausar, A., Lodhi, M., Nasar, H. 2012). The minimum initial investment for Investor Shares is $250 and for Institutional Shares
is $100,000. The annual fund operating expenses under the Amana Growth Fund for Investor Shares (AMAGX) has a management fee of 0.81%,
distribution (12b–1) fee of .25%, and other expenses of .03%; in total an annual fund operating expense of 1.09%. As for the Institutional Shares
(AMIGX), the management fee is .81%, the distribution (12b–1) has no fee, and other expenses of .04%; in total an annual fund operating expense of
.85%. There is a redemption Fee of 2% if Fund is held

Environmental Consequences Of The Green Economy
Environmental assets are subject to over–consumption and exploitation, resulting in environmental damage because of the absence of an economic
value associated with them (Wood, 2011). Since these environmental assets or ecosystem services are not owned, or lack price tags, there is no
economic incentive to protect them. This brings forth an important dichotomy between the environment and the economy. The economic and
environmental challenges we face today are of great concern for subsequent generations and unless urgent action is initiated, the consequences could
unfold with the daunting prospect of a long and deep recession – with increasing unemployment rates and decreasing output – and an even greater
ecological catastrophe (Wilson, 2013; Wood, 2011). The green economy poses a solution that tackles both these challenges together by safeguarding
environmental protection through the creation of markets for ecosystem services which, in turn, can benefit the economy. This paper will discuss some
of the benefits and problems arising from the idea of a green economy and look at the example of the carbon market to assess whether it achieves
meaningful environmental protection or is just another ploy that fails to achieve real solutions that protect the environment or reduce the effects of
climate change. 2.What is the "Green Economy"? Canada's future economy will be a "green" economy. But getting there will require a transformation
in various aspects of our economic lives that

Medical Malpractice
Medical malpractice has been an issue for many years and still occurs at a high rate of up to 440,000 deaths ("Proposition 46"). This clearly is a
problem, but one it is one that cannot be solved easily. Bob Pack started the campaign to push for Proposition 46. The passing of this proposal will
require drug and alcohol testing for doctors, addictive prescription drugs to be tracked through a prescription drug registry, and will increase the cap on
the noneconomic damages ("Proposition 46"). This may seem like a great way to reduce medical malpractice and provide greater health insurance, but
this is not necessarily true....
The state of California is spending billions of dollars every year on health care services, which include the paying for ... Show more content on
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The purpose Proposition 46 was created is because Bob Pack, the sponsor, had a child that was killed by a driver who was overdosed from the
excessive prescriptions she received from multiple providers ("Prop. 46"). The cap on pain and suffering rewards hasn't increased since MICRA
was enacted. Proposition 46 allows the $250,000 limit to increase to $1.1 million by the start of 2015 ("Proposition 46"). Pharmacists and other
providers will be required to check CURES to confirm the appropriate amount of prescriptions to patients, especially for those prescribed with
commonly abused drugs like Oxycontin, Vicodin, and Adderall ("Proposition 46"). By requiring providers to check the database about patient's
medical records, it can reduce over–prescription to patients. Lastly, physicians will be required to submit to random alcohol and drug testing. Due to
high incidences of medical malpractices in the United States, the demand to drug test doctor is rising and Prop 46 claims that drug testing physicians
will reduce medical malpractice ("Proposition

Case Law
Explain how the High Court decision in Perre & Ors v Apand Pty Ltd (1999) differed in principle from the High Court decision in Caltex Oil
(Australia) Pty Ltd v The Dredge "Willemstad" (1976).
Caltex Oil (Australia) Pty Ltd v The Dredge "Wilemstad" (1976) and Perre & Ors v Apand Pty Ltd (1999) has been important cases in the history
of Tort Law.
Negligence is a complex term including advertent and inadvertent acts and omissions where there has been a failure to take reasonable care to prevent
loss, damage or injury to others whom they could reasonably have foreseen might have been injured if that care was not taken. (Pentony at al. 2011)
There are different categories of negligence and the one concerning the above mentioned cases ... Show more content on Helpwriting.net ...
they were vulnerable * However, the justices abandoned proximity as the sole basis of identifying a duty of care and took a number of individual
approaches in this case with the most notable being the plaintiffs' vulnerability and inability to protect themselves. * There were some particular policy
considerations that have been identified by the courts as being relevant in these types of cases, the most often cited policy consideration in these cases
is the fear of indeterminate liability'
The difference in decisions of High Court: – * Caltex Oil (Australia) Pty Ltd v The Dredge "Wilemstad" (1976) case was decided based on factors like
duty of care, reasonable foreseeability of harm and proximity. * In Perre & Ors v Apand Pty Ltd (1999), factors like duty of care, plaintiff's
vulnerability and inability to protect themselves were the main considerations apart from factors of policy considerations like indeterminate liability
while arriving at the conclusion not placing major reliance on proximity.
Question 2
Andrew was not a regular wine drinker but to celebrate his anniversary with Mary, he decided to find the perfect red wine to

Cap And Trade Case Study
Environmental and Economic Aspects of CAP and Trade
Laiba Inam
Ryerson University
Economy and Environment
ECN511–70E
Dr. Amanda Ackerman
Environmental and Economic Aspects of CAP and Trade
"Up to 16,000 Canadians die each year because of high pollution levels and poor air quality (City Of Windsor 2016)." Air pollution is the world's
largest health risk. Pollution and climate change is a major global issue. Canada is "the ninth largest emitter of greenhouse gas" that needs to enact a
climate policy [1] (Mildenberger et al. 2016). Greenhouse gasses are emitted by Human activities such as energy industries, transportation, residential
and commercial activities, manufacturing, construction, industrial processes, and agriculture (AyЕџegГјl & ... Show more content on Helpwriting.net ...
In the long run this will assist in saving energy costs, improving productivity and global competitiveness, protecting jobs and creating more jobs.
Ontario sets caps on the total emissions for 2017 to 2020 (cap in 2017 is set at 143,332,000). The objective of Ontario's greenhouse gas reduction is to
be 15% below 1990 levels by 2020, 37% below 1990 levels by 2030 and 80% below 1990 levels by 2050.
Other Jurisdictions
CAP and Trade is a cost–effective method for reducing emissions. The world's largest implementation of Greenhouse gas trading system is the
European Union Emissions Trading System (EU ETS) and they have been environmentally ineffective. The result of price crash non–stability in
California and Quebec are also environmentally ineffective. In 2016, the emphasis was on EU ETS's fourth phase (2021–2030) which was what the
European Commission, presented changes for. The purpose of the presented changes is to bring the cap into line with the EU's 2030 objective,
reducing Greenhouse Gas emissions to at least 40% nationally by 2030. The EU provides a better goal of free allocation rules and further supports
low–carbon innovation and energy sector transformation. To meet the legal requirements and to compensate for excess pollution EU ETS should
reduce GHG emissions, and buy emission allowances in the carbon market. They could also reduce GHG emissions

Throughout The Past Century, China Has Powered Through
Throughout the past century, China has powered through the obstacles of famine, unrest, economic dislocation, and enormous construction costs to
continue its rapid development. Now a preeminent world power, China faces yet another development challenge: climate change. Current and past
trends suggest that China will treat this problem as it has the other issues, ignoring damage to public welfare while maintaining an obsessive fixation on
projecting an image of modernity. The one potential saving grace would be a shift in global attitudes about modernity; if the world begins to consider
environmentally sustainable development as a necessary condition to modernity, China will have to consider environmental concerns in order to
maintain its ... Show more content on Helpwriting.net ...
Compared to the death of 200 million during the Great Leap Forward, the visible climate issues like flooding and air pollution feel tolerable. As
Chinese industry develops, cities are growing "with barely a pause to consider their toll on the environment, much less the future impact of global
warming." The lack of concern for visible, short–term issues spells doubt on China's ability to handle longer term climate issues like rising sea levels.
Nowhere is the lack of concern for short–term issues more pronounced than in the Pearl River Delta, where the growing metropolises of Guangzhou,
Shenzhen, and Dongguan lie. "The rising South China Sea and the overstressed Pearl River network" neighboring the cities "lie just a meter or so
below" much of the region's industrial center. Despite the extreme danger posed by the rising waters (tens of thousands of citizens lost their homes
during flooding in Guangzhou), the Chinese government has continued development and remained mum on the issues. The authorities would rather
"show off the region's shiny new office towers and airports" than "fix costly sewers" that could help with flooding. According to some in the city,
"people here still focus on the economic side of things," similarly ignoring climatic dangers. Just like in the previous century, wilful ignorance of
consequences during the pursuit of modernization pervades Chinese society: "This became our idea of progress," said one citizen "we thought

Capital Fund Should Take A Buy Recommendation On Liberty...
Investment Thesis
Recommendation:
The D'Artagnan Capital Fund should take a buy recommendation on Liberty Property Trust. Some of the main reasons for investing are
They are continuing to expand their properties – in 2016–2020 there is a plan to expand the amount of properties that they own.
Able to maintain a stable return on their operating real estate
They continuously are able to lease almost 100% of their properties
They are diversifying where they operate
They have good customer loyalty. They continue to have leases renewed
Net Asset Valuation:
Net Asset Valuation was the valuation to value Liberty Property Trust. The reasoning for using Net Asset Valuation is that real estate investment trusts
are just a bundle of individual properties and their gross real estate operating assets and the net operating real estate on their balance sheet. Total real
estate value is the largest driver for the value of the company, and total real estate value usually drives between 90% and 95% of their revenue and
their net operating income
Capitalization Rates, also known as cap rate, is a ratio of Net Operating Income divided by the property asset value. The Capitalization Rates were
retrieved from Bloomberg using the command CPRT. The cap rates were calculated by ensuring that industrials or office was selected in the property
type and the state in which the company owns properties. The cap rate for quarter two is the weighted average. Once the states weighted average

Medical Malpractice And Tort Reform
Medical Malpractice and Tort Reform Within the realm of American tort law, medical malpractice is equated to professional negligence and is a highly
debated issue. "The government estimates that between 44,000 and 98,000 people die each year in hospitals due to medical mistakes, the vast majority
of them preventable" (Lau & Johnson, 2011). In differentiating this type of tort from standard negligence claims, similarities and differences are
illustrated through the elements of a cause of action and available defenses. In further examination of the issue, ethical questions arise in regards to
malpractice tort reform, which can be analyzed through the presentation of multiple professional perspectives as well as previous tort cases in order to
expose the multi–faceted issue at hand.
Four Elements of a Medical Malpractice Cause of Action First, in order for a plaintiff to prevail through a medical malpractice cause of action, four key
elements must be proven. Initially, the existence of a patient–provider relationship must be evident. Additionally, there must be an establishment of a
medical standard of care. This foundational element pertains to the appropriate level of care under the circumstances, essentially the average degree
of care and skill of similar health care providers. The third element which must be proven is a breach of that medical standard of care. By contrasting
the care provided in the specific case to the typically appropriate level of care expected from a

Tort Law Reform Research Paper
Is Tort Law Reform the Solution?
Because the practice of defensive medicine is driven primarily by the threat of legal liability, researchers have proposed direct or indirect tort law
reforms as the solution. With caps on non–economic damages and "collateral source offsets", direct reforms seek to limit the cost of malpractice
litigation for providers (Kessler, 2011, p. 96). Indirect reforms seek to alleviate malpractice pressure through other means, including contingency fee
limitations, periodic payment requirements against future damages, joint and several liability reforms, and provisions for patients' compensation funds
(Kessler, 2011). The potential of such reforms to curtail defensivemedicine is based on the assumption that reduced ... Show more content on
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Active bills in Florida, Georgia, Maine, and Tennessee during the 2016 legislative session provoked fierce debates among various stakeholders. The
two main arguments focus on the potential for costs to rise uncontrollably under the PCS, and its feasibility to replace the current malpractice system
(Forray, Fleming, & Wunder, 2014; Forray & Wunder, 2017).
Because the PCS would not function within the legal system, its substitution for the malpractice liability system may deprive patients and providers of
their right to court system access. The PCS' proposed exclusivity therefore raises constitutionality issues (Forray, Fleming, & Wunder, 2014). On the
other hand, as long as the malpractice liability system exists, injured patients will still find their way to court, thus perpetuating provider incentives to
practice

Malpractice Case
Why OB–GYN are at risk of lawsuit in USA Women's health specialists remains top in the medical profession. However, OB–GYN practitioners are at
a high risk of malpractice lawsuits. In fact, a study carried out by Medscape indicate that in every 4000 primary–care physicians, more than half of
them have found themselves in one or more malpractice cases in their career. The study further shows that one third of the cases were either due to
wrongful accusations or wrong diagnoses with another one third due to injuries caused during treatment. Others include wrongly documenting
instructions that the patient is supposed to treat, wrong medical prescriptions and failure to attend to patients. OB–GYNS like gynecologists and
obstetricians and surgeons... Show more content on Helpwriting.net ...
For example, improving the efficiency of their operation rooms. This can be done by ensuring that the team performing the surgery has all they need in
the room to avoid frequent opening of the doors. When operating room doors are frequently opened, it makes it difficult for ventilation systems to keep
air borne contaminants out which can cause infections to the patients wounds while being operated on. The other thing they can do is to always stay
ahead of the game with the latest training and information. OB–GYNS should take every opportunity that arises by attending lessons and training that
will help reduce the earlier mentioned risks. They should also not shy away from taking the OB–GYN board review. Some of these lawsuits are pretty
bad that it forces some to stop their practices or simply move to another state to continue with their work. About 12% of Ob–GYNs have actually been
found to leave this to become salaried employees which is quite sad. What is clear though is that as the number decreases, patients in need of their
attention end up suffering more. To avoid these matters from reaching such extreme points, OB–GYNs should just follow the above steps to help them
stay on the right side of the

Is The Tort Means A Public Wrong?
Tort means a public wrong. If a person harms a public interest it is call tort. In this particular scenario, Theo–Paul can sue Barack for tort. Although this
does seem like a matter of contract act too yet studying here, it is to be considered under Consumer Law 2010. Barack purchased a tool that is
known to be risky if it is not fit for use. He should have purchased it from a reliable source with warranty to ensure that the ladder is of good quality
and holds a warranty in case of anything goes wrong. But Joe was not a reliable source; in fact Barack had never met him before. It was the first time
that Barack saw him passing by an purchased the ladders from him without even taking into consideration there quality of the ladders and taking...
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Only if Barack would have taken precautionary measures, he could have avoided half of this penalty, plus he could sue the party he had purchased
the ladders from and recovered his losses. His negligence was not only a disaster for Theo–Paul but also for himself. Barack is liable for paying
damages to Theo–Paul under the clauses of breach of duty (as he did not perform his duty of getting his stock from a reliable source) and duty of care
(as he did not examine the ladders and determine if they were fit to use or not). The sections/clauses applicable in this case are 86AA, 87U, 87V, 87Y,
87Z, 87ZA and 87ZC. Answer 2: Case study with respect to ACL part 3–5: The ACL states the statutory regulations for dealing with claims for
economic loss, damage, or loss due to supply of unsafe goods. A liability action can be brought against a manufacturer where: loss or damage was
suffered as a result of injuries sustained because of defective goods; loss or damage was suffered as a result of another individual sustaining injury
because of defective goods; loss or damage was suffered as a result of another good being destroyed or damaged because of defective goods; and/or
Loss or damage was suffered as a result of land, a building or a fixture being destroyed or damaged because of defective goods. For the purposes of
bringing a liability action

Fracking Research Paper
Hydraulic Fracturing and its consequencesLewis Kelly
Hydraulic Fracturing or "Fracking" is something that has been prevalent in the news in recent times. It has revolutionised the energy industry in the US
and now there are various companies competing as drilling companies suggest that trillions of cubic feet of shale gas may be recoverable from
underneath parts of northern England. As many of our coal powered power stations are coming to the end of their lives, alternative sources of energy
need to be found. However, there has been mass protest, due to the environmental and social impact of the fracking process.
First of all, what is fracking? Hydraulic fracturing is the process of drilling and injecting fluid into the ground at high ... Show more content on
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This was the same for Veronica Kronvall who in 2007 bought her first home in North Texas. In the beginning she was happy, why wouldn't she be
she had just bought her first home but little did she know as her aunt was fixing up her kitchen in her favourite colour purple, and learning how to
garden that 4 years later in 2011 that an energy company would buy the land right behind her home and begin drilling fracking wells. The
company drilled 5 wells behind her home and 2 of them within 300 ft of her garden that she had put so much effort into. Miss Kronvall who was
52 at the time began experiencing nose bleeds, headaches and nausea, because of what was going on behind her home. Not only was it affecting her
health but her life also. Her neighbours went into foreclosure and her house that she had bought only 4 year's previous decreased in value by nearly a
quarter. As said by Miss Kronvall, "It turned a peaceful little life into a bit of a nightmare."
Renewable energies may cost a little more than fracking but the difference is that they cause less damage to the environment and our health. Funnily
enough renewable energies have stopped being researched in the past few years because of fracking.
Ultimately Hydraulic fracturing has no real advantage and why should we continue with something that has no benefit and causes so much damage,

Reform Malpractice Laws to Create True Healthcare Reform...
"Mr. X, you've been diagnosed with..." These words are spoken in hospitals around the country every day and each time they are spoken, a line is
drawn between doctor and patient. On one side is the doctor wondering if enough has been done to defend against being sued for malpractice. On the
other side is the patient with a need for someone to blame for his or her condition and seeing the doctor as the sole reason for any injured state. This
division between doctor and patient has led to a practice called defensive medicine and it has also created a healthcare system riddled with inefficiency
and in need of an overhaul. There is talk of healthcare reform and how it is important to control costs to the patient through lower health ... Show more
content on Helpwriting.net ...
The United States legal system exists with many favorable conditions for filing malpractice lawsuits, including low burden of proof requirements, lax
limits on damage awards, and the lack of a cost–sharing provision on filing a legal action.
Impact of Defensive Medicine
The same World Health Organization presentation details the cost of medical litigation rising from $3 billion per year to $24 billion per year
between 1975 and 2002 (Dietrich, 2005, pg. 27). The amounts awarded in medical lawsuits have an impact on healthcare delivery in the form of
increased insurance costs to the consumer and doctor, or a reduction in services to help cover the cost of litigation. A survey conducted by the
Massachusetts Medical Society (MMS) asked 900 physicians if they had practiced defensive medicine procedures. Eighty–three percent of the doctors
reported that they had ordered defensive procedures an average of 18 to 28 percent of the time. They also indicated they had ordered hospitalizations
about 13 percent of the time to avoid potential lawsuits. The MMS estimates that the excess procedures cost the state at least $1.4 billion a year, and
the group believes that amount is an underestimate due to only 46 percent of doctors in the state participating in the survey (Gulla, 2008).
Using the results from

What Is The Implementation Of PPP In The Compensation System
3.1.1 Implementation Mechanisms
Implementation of PPP in the liability and compensation regime is seen through adequate reference to mechanisms such as compulsory insurance and
compensation funds whereby a ship owner is required to constitute a fund with the Court for the total limit of his liability to avail the benefit of
limitation , and maintain compulsory insurance certified by the appropriate State authority for any ship carrying more than 2,000 tons of oil .
3.1.2 Loss of Right to Limit Liability
There is very narrow scope for a ship owner to be exonerated from strict liability. It requires proof that damage resulted from war or was wholly
caused by an intentional act or omission of a third party or by negligence of an authority ... Show more content on Helpwriting.net ...
The Small Tanker Oil Pollution Indemnification Fund (STOPIA) was established to raise maximum amount of compensation payable for small ships
and the Tanker Oil Pollution Indemnification Agreement (TOPIA) was established to indemnify the supplementary fund 50% of the compensation
amount it pays in event of an oil pollution accident.
Considering the costs of some of the biggest oil spills in history, the SF holds adequate funds to deal with oil spills of high magnitudes; till date no
incident has required compensation from the SF . The liability and compensation provisions of the CLC and FC satisfy the main components the PPP
by allowing the victims impartial access to remedies and allocating costs of pollution damage, emergency response and clean up to the polluters .
The abovementioned factors show that the Conventions have come a far way in achieving a perfect balance in burden sharing among the shipping and
oil industries, adapting the 'polluter pays' theory to the extent feasible. Disturbing this balance for the few incidents where admissible claims exceeded
the limits under the 1992 CLC and FC would mean disturbing a widely accepted, well–tested and successful system operating on an international level .
An interesting view is raised by Chao Wu in his paper on threats to the International Convention System; he questions the fairness in expecting the
transporter and cargo owners to bear all the costs

Promotional Exam Econs
ST ANDREW'S JUNIOR COLLEGE H1 ECONOMICS (8819) JC1 Promotional Examinations Revision Package 2011 Contents Section A: Case
Studies 1. 2007 TPJC Prelims H1 Paper CSQ1: China's Water Woes 2. 2007 GCE A
–Level Paper H1 CSQ1: International Tourism (covered in Lecture)
3. 2008 CJC Prelims H1 Paper CSQ1: The Illegal Drug Market 4. 2009 RVHS Year 5 End of Year Exams Paper CSQ1: Challenges of the Agricultural
Sector Section B: Essays 1. 2006 SAJC H1 Final Exams: Application of Demand and Supply – Price Control 2. 2008 SRJC H1 Prelims: Market Failure
3. 2008 A Levels H2 Essay: Elasticity of DD and SS 4. 2009 PJC H1 Prelims: Theory of DD and SS, Price Elasticity of DD and SS and Market Failure
5. 2009 HCI H1... Show more content on Helpwriting.net ...
MSC=MPC +MEC (MEC) to the third party, in this case, ruined crops of farmers, health problems etc. From Fig 2, MSC is above MPC. Private
equilibrium occurs at Qp where MPB = MPC. The socially optimum level, however, occurs at Q*where MSB = MSC. There is an overproduction
of the good. At the private output Qp, MSC>MSB and society will be better off if one less unit is produced. For all the additional units produced in
excess of Q*, the welfare loss is represented by triangle abc. (c)(i) If you were the Minister for Environment, explain whether the water industry
should be privatised. (indicated in the revision package to ignore this qn.)[6] (c)(ii) Evaluate the effectiveness of the current measures taken by the
government as mentioned in Extract 1 as well as one other measure to reduce water pollution in China. [8] Students to be able to comment on the
advantages and disadvantages of the current measures taken (i.e. imposing water quality standards, forcing heavily polluting industries to close, expand
the use of alternative sources such as rainwater and recycled sewage) and to evaluate. Students to be able to explain one other measure and to evaluate
the effectiveness of those measures (for example, imposing a tax or pollution permits). Imposing water quality standards – Advantages: Ensure that the
current water supply available will be of a

Medical Malpractice Tort Reform
One approach to minimize large amounts of tort claims for medical malpractice is to put a cap on non–economical awards. Tort reform is the response;
a tort is a civil lawsuit for damages over private wrongs other than breach of contract. According to Lau and Johnson (2014), a tort can be categorized
into three categories: intentional tort, when tortfeasor acted with intent, negligence, if the tortfeasor did not act intentionally, but failed to act as a
reasonable person, and lastly, strict liability, if the tortfeasor is engaged in certain activities, which caused injury or death due to it. The massive
medical malpractice cases across the nation have made defending frivolous lawsuits is a national problem; ultimately, the general public ... Show more
Further, Professor Baker at the University of Pennsylvania posited that we have the same number of claims today as in the late 1980s. In addition,
reforms actually make it more difficult for victims to prove their cases. Furthermore, due to the cap on financial awards, most of the time, it costs
victims a large sum of money to pursue the case and end up spending more on expense than the reward. Currently, according to Doroshow (2009),
there are more liability protection for the medical profession than any other profession in the nation. The reforms actually offer Healthcare giants more
protection by limiting tort actions and compensatory damages. For example, a Milwaukee woman was awarded $25.3 million in tort damages after
losing all four limbs due to doctor negligence. Interestingly, Wisconsin law has a non–economic damage limit of $750,000, therefore the defense
attorneys will likely ask for the award to be lowered to that amount (Spivak, 2014). Two vastly different example; however, the latter clearly
demonstrated the reasonableness of the award–thus, reform is necessary, but a greater examination of special clauses may be in order to offset the

Health Care Crisis
Health Care Crisis
There are currently about 46,000 licensed doctors practicing in the state of Pennsyvania, according to the Pennsylvania Department of State and many
are leaving. The health care crisis has become a hot topic in the Commonwealth of Pennsylvania. With many doctors preparing to leave and some of
which have all ready left the state due to the rising costs of medical malpractice insurance. According to the American Medical Association
Pennsylvania is one of twelve states in the midst of a liability crisis.
"Steven Barrer doesn't want to move to New Jersey. В‘I'm being forced out,' Barrer said. A neurosurgeon affiliated with Abington Memorial Hospital,
Barrer has been dropped by his current malpractice insurance carrier and ... Show more content on Helpwriting.net ...
Jessica was O–positive and the organs were type A. Jessica's body almost instantly began rejecting the new organs. There was a case where a woman
had both breasts wrongly removed because of a mix up and the woman who died due to a botched organ transplant.
Then there are those claims or lawsuits that are frivolous. One particular case is where a SEPTA bus was involved in a traffic accident. Injuries
reported were minor in nature. However, one woman initiated a $5 million dollar lawsuit claiming she had lost her clairvoyant powers after the
accident. Citing the use of a CAT scan by the treating physician and hospital as the primary reason she lost these powers. The Philadelphia jury
awarded her $5 million dollars, which was subsequently reduced to approximately 2 million. The people who seem to benefit most are the lawyers, law
firms and sometimes the patients.
Lawyers will tell you that caps on damages are unfair and ineffective. They claim that capping awards will not solve the current crisis in the state.
Caps would punish the most severely injured victims of avoidable medical mistakes victims of blindness, deformity, and amputation. Do not even
attempt to speak to a plaintiff's attorney about having caps placed on awards from a civil case. No one can put a price tag on their child's head. If
Jessica were your daughter would a cap of $250,000 be enough for you.
"Caps won't reduce premiums. Insurance companies' bad investments, greed, and even fraud have

Business Law 355 : Tort Reform
Sabrina Hood
Business Law 355
Tort Reform Paper
Since about the mid–late 1980's many states have implemented and enforced statutes to limit tort lawsuits. Tort reform is the political term for
redefining tort laws and reducing tort litigation, damages, compensation, and even amounts awarded (Quinn). The reformation of the nation's tort
system, or changing laws throughout a state dealing with injuries to a person or their property have done a lot more harm than good for consumers.
While each tort reform law varies depending on the state, they all have one of the following goals in mind: "(1) to make it more difficult for injured
people to file a lawsuit, (2) to make it more difficult for injured people to obtain a jury trial, (3) to place limits on the amount of money injured people
receive in a lawsuit (Lane)."
Tort reforms are laws that limit or reduce damages or awards in a specific state. People are in favor of tort reforms because they think that
frivolous lawsuits are clogging the courtrooms, which is just not true. In 1992, the National Center for State Court's (NCSC) data showed that only
2.4% all civil cases brought to court were of medical cases and only 1.7% were product cases. This very clearly shows that frivolous civil cases are not
clogging the court room (The Free Library). In 2008, Senator John McCain made a claim for tort reforms by saying he wanted to pass them "to
eliminate frivolous lawsuits (Quinn)." However, are all law suits frivolous? Is every

The Effects Of Climate Change On The United States
The Discordant Applications of the Common But Differentiated Responsibilities Doctrine as a Hindrance to Climate Change Policy
Climate change looms large over our rapidly growing and continually changing world. No longer are the adverse effects of this menacing global issue a
mere ominous projections, they are starting to become a very concrete reality. Countries are today experiencing rising sea levels, which compromises
coastal infrastructure, prolonged drought, squeezing food supply and agricultural productivity, as well as extreme storms. Rising temperatures have
already led to vast reductions in the size of the Arctic. There is now no doubt amongst scientists that anthropogenic activity has been the primary
catalyst to the ... Show more content on Helpwriting.net ...
Subsequent conferences of parties (COP) meetings have proved to bear little fruit, apart from the Kyoto Protocol, signed in 1997, which remains the
contractual international climate change regime. However, even Kyoto was not ubiquitous, as it remains conspicuously unsigned by the US. Kyoto set
binding target levels for reduction of emissions for developed countries and instituted a scheme that would lead to an eventual wider policy. Central to
the Kyoto Protocol is the notion, which first emerged out of the Rio Earth Summit of 1992, of common but differentiated responsibilities (CBDR),
which acknowledges the inherent differences between developed and developing countries in their historical responsibilities as well as their respective
abilities to combat climate change but calls for a united global effort. The idea is that developed countries proportionally must assume more of the
emissions reduction burden as they are responsible for the historical contributions of CO2 to climate change during their industrialization processes, as
well as provide "financial assistance and technological transfers" to developing countries. This tenant of CBDR has remained central to each additional
international climate negotiation, but has proved to be an unsuccessful governing framework

Does Bonsoy Soy Milk Manufacturer Or Distributor Have Any...
Question No. 1
Case
Does Bonsoy soy milk manufacturer or distributor have had any liability to the Australian consumers in the tort of negligence?
Set of laws
Tort: A tort is a civil wrong which is done by one party to another. As a result of this, the person who is suffered or injured can take civil action
against another party. The law of torts provide the rules and regulation to the society. If these rules and regulations are breached the person is liable for
remedies (usually monetary). According to P. Latimer; after the successful test case of Donoghue v Stevenson in 1932, where the plaintiff getting sick
after drinking a contaminated drink, negligence is tort which now dominates modern tort law.
Negligence: Civil Liability Act 2002 – Sect 5 states that, "negligence" means failure to exercise reasonable care and skill. (AustLII, 2015) If the
plaintiff is suffered damage or loss by defendant, the plaintiff can sue the defendant for the loss occurred due to negligence of the defendant. There are
three basic fundamental steps to prove negligence under the Civil Liability Act that the plaintiff must be able to prove:
п‚§Duty of care: There is a duty to full fill in the conditions
п‚§Breach of duty: The action of the defendant in the conditions did not meet set level of standard of care
п‚§Damage: The plaintiff has suffered damage or loss due to the conditions which could have been foreseen. (Hobart Community Legal Service Inc.,
2013)
It does not mean that there would

A Brief Note On The Energy Project Fossil Fuels
Nick DeRitis
Professor Gilmore
Telescopes to Microscopes
Date: 21, October 2015
Energy Project Fossil Fuels There are many different types of economic problems that this world faces and one major problem is that we (all the
people on the planet) are using too much of our non–renewable energy. Using too much of this non–renewable can raise concern that we will
eventually run out of the energy that human civilization runs on. We have two different types of energy in this world, non–renewable and renewable.
renewable energy is energy that is natural to this earth and we wont run out of it anytime soon. But non–renewable energy are very important sources
like natural gas, oil, and coal and eventually these very important energy sources will ... Show more content on Helpwriting.net ...
There are three different types of "Non–Renewable" fossil fuels on plant earth, they are oil, coal, and natural gas. Oil was first created by different
living creatures that lived in the ocean waters, these creatures were then buried under the oceans floor for many years. After a very long period of
time the heat from the sun and different pressure eventually started to heat up these different creatures that were buried under layers of sediment
deposits. That was how the thick substance called "oil" was first formed. But deeper down into the earths crust the same thing happened but it
eventually formed "natural gas". After a long period of time passes, the oils and natural gas that is formed eventually works its way up through the
earths surface into rock formation called "cap rocks". From these cap rocks we get most of our natural gas and oil today. The last non–renewable
energy is coal, we use coal to do things like heat up our homes. Coal was created almost the same way as natural gas and oil. Coal is created by
many different kind of plants like ferns and trees that existed many many years ago. Coal is also formed by swamps that were located in the eastern
part of the united States that were covered by sea water. a big problem is that this sea water contained a lot of sulfur. So when this coal that has sulfur
in it burns it creates an air pollutant. Luckily, we found other fresh water

Essay on Tort Reform
Tort Reform A tort is wrongful interference against a person or property, other than breaches of contract, for which the courts can rectify through legal
action. The reform effort is aimed at reducing the number of unnecessary lawsuits that burden the court system while still allowing injured parties
compensation when they've been wronged. This latest effort at tort reform has given rise to the same spirited rhetoric that might be found in a
courtroom. With the prominence of the tort reform debate on state legislative floors across the country, many states have introduced and even passed
bills that address reform issues within their respective states. Many reform proponents feel that changes in the civil justice system should... Show more
The Problem: Civil In–justice. Approximately every sector of New York's economy is affected by the threat of virtually open–ended liability created by
the state's current tort laws. Few issues have as great an impact on the bottom line of so many different companies and industries, as well as
municipalities, school districts and non–profit groups, throughout the state of New York. In the last four years New York City taxpayers have paid out
approximately $1 billion in awards for personal injury actions. Well over half of that amount was attributable to "pain and suffering," a highly
subjective and amorphous concept, as opposed to economic damages such as lost earnings or medical expenses. Of the total amount paid, 33 to
40 percent went to attorneys in the form of contingency fees or to experts or other in reimbursements for expenses. In FY 1977 the City's total
payout in tort actions was less than $25 million compared to $120 million in FY 1987 a mere ten year difference, and a staggering $282 million for FY
1996. Would you believe half of that money could have been used to hire 2,800 police officers or over 3,600 teachers? The time for corrective
legislative action for New York has come. New Yorkers for Civil Justice Reform, prompted by outrageous

Tort Reform Research Paper
he Tort Law is a civil injury or wrongful act that is committed against another person or property resulting in harm and his compensated by money
damages. To sue for a tort a person must have suffered a mental or physical injury that was caused by the physician or the physician's employee.
The tort reform is a "group of ideas and laws designed to change the way or civl justice system works." The tort reform movement was started in
1970 and headed up by insurance companies and large corporations in which to attack the civil justice system and change laws not by case by case but
by legislation. "One of the most significant arenas that tort reform has affected is medical malpractice law. In many states, there are caps on the
damages that victims

A Survey Conducted By Stanford University And Resources...
GHG Emissions Problem A survey conducted by Stanford University and Resources for the Future found that 61 percent of the US respondents
supported taxing corporations for releasing Green House Gas Emissions. Additionally, 67 percent of the respondents agreed with a Carbon Taxation
policy (Lehmann). Climate change concerns have been growing on a global level due to the substantial increase in green house gas emissions mainly
due to human activities. According to the EPA (Environmental Protection Agency) CO2 emissions are the largest contributors togreenhouse gas
emissions in the US. Approximately 80.9 percent of human caused GHG emissions are by Carbon Dioxide emissions. Within, Carbon Dioxide
emissions, electricity, transportation and ... Show more content on Helpwriting.net ...
The Hamilton Project, CATO Institute, Stanford and Harvard all agree that policymakers should set the price of the carbon tax equal to the social cost
of carbon (P=SCC). The Cato institute defines SCC or the social cost of carbon as "the presentвЂђdiscounted value of the net future external damages
from an additional unit of carbon dioxide emissions" (Murphy). This is one of the key concepts that is examined when it comes to economic and
/or environmental policy decisions regarding CO2 emissions. This in turn means that a hypothetical carbon tax would be equal to the environmental
and social negative externalities that are produced by each additional ton on CO2 emissions (marginal cost). The Hamilton project gives a
hypothetical tax scenario of $16 per ton and increasing by 4% per year or so in accordance with the inflation rate. The reason for the incremental
increase is because $16 is still far below the Government's central estimate of $23 and below Canada and British Columbia's carbon tax policies
("New"). Starting at a lower rate will allow for the gradual assimilation into this new tax policy, if it were implemented.
Environmental Benefits The main purpose of instituting a carbon tax would be to reduce carbon emissions, reduce the environmental costs, and thus
mitigate some of the effects of climate change. Using the $16 per ton estimate established

Raise The Cap: People Deserve More
Raise the Cap: People Deserve More In 1975, a cap was placed on non–economic damages awards in medical negligence lawsuits in California. The
law imposing the cap was called Medical Injury Compensation Reform Act or MICRA for short. People who are injured during medical
malpractice can receive no more than $250,000 when they are injured by a negligent doctor. A child was taken by her mother to a clinic because she
was coughing and wheezing. The clinic failed to identify the cause of her symptoms and the child died of Whopping Cough. Despite there being an
epidemic of Whopping Cough in California at the time, doctors failed to run a blood test that could have saved the six week old child. Because of
MICRA's cap, the child's parents could only

Bill 25: Wrongful Birth Lawsuits
Exploratory Essay In February of this year 2017 the Texas Senate passed Bill 25 and is now on its way to The House of Representatives.
According to TexasTribune.org this bill is meant to eliminate "wrongful birth" lawsuits. These law suits allow parents to sue their medical
practioner if they give birth to a child with a medical disability or defect and were not properly informed beforehand. The author of this bill is
hoping doctors will no longer encourage abortions out of fear of lawsuits (Evans). Texas Senate Bill 25 is authored by Texas senator Brandon
Creighton of District 4. Senator Creighton was sworn into office on August 26, 2014 and covers areas of Montgomery, Harris, Chambers, Jefferson,
and Galveston counties. He is... Show more content on Helpwriting.net ...
Nurses are then unable to educate and provide for clear information causing professional confusion (Cignacco). The author of this bill, Senator
Creighton, seems to believe that doctors have insight into whom would choose an abortion and who would not. Parents should be given an opportunity
to decide what is best for themselves and their families. Nurses should have the freedom to provide education and resources to parents so an
informed decision can be made regarding choices, assistance programs, financial programs, and alternative or even experimental treatment options.
Doctors and government should not be allowed to impose their own personal and religious beliefs (Luu). I understand that Senator Creighton is a
devout Baptist, and a strong advocate for children both living and unborn. He has served on the Board of Directors for CASA a child advocacy
group for children in foster care. But he is also a defender of the 10th Amendment rights, he has said," We will not be silent and allow our rights to be
infringed upon by the Federal government." Then how can he believe its okay to infringe on our rights to decide what is in our best interest of our
families.

Mexican Tort Law Essay
Jorge Luis Machuca Gonzalez bought a car and that was sent from Houston, Texas. One day, Jorge's wife had an accident and triggered the
passenger–side air bag. The force of the air bag's deployment killed Jorge's 3 year old son, Pablo. Because of this, Jorge brought suit against the
manufacturer, Vehicle Safety System Designer, and the air bag designer. The suit is about the car's liability, negligence, and breach of warranty. Jorge
bought the suit in texas, but the district court dismiss the suit because the case has weak connection with texas, because the car was not designed or
manufactured in Texas, even though Jorge ordered the car from there. Since the accidents happened in mexico, involved and witnessed by Mexicans,
the district court... Show more content on Helpwriting.net ...
The first contention was dismissed because the existing case has no basis to distinguish the absence of a strict liability cause of action under
Mexican law from that of Scotland, and the case was reported in U.S. The second contention though, consist of two distinct arguments, one stating
that It gives Jorge a title that clearly earn unsatisfactory award for the loss of a child, and second statement stating that because of the damage cap,
the cost of judgement of this case will exceed the potential recovery. But, its not given the point of a cap of damages will transform a forum from
adequate to inadequate, so any recovery cap may make the lawsuit economically unviable. The piper aircraft case does not include an evaluation
whether it makes economic sense for Jorge to file this lawsuit in mexico, thus the district court's dismissal of this case on the ground of non conveniens
is

A Brief Note On The Energy Project Fossil Fuels
Nick DeRitis
Professor Gilmore
Telescopes to Microscopes
Date: 21, October 2015
Energy Project Fossil Fuels There are many different types of economic problems that this world faces and one major problem is that we (all the
people on the planet) are using too much of our non–renewable energy. Using too much of this non–renewable can raise concern that we will
eventually run out of the energy that human civilization runs on. We have two different types of energy in this world, non–renewable and renewable.
renewable energy is energy that is natural to this earth and we wont run out of it anytime soon. But non–renewable energy are very important sources
like natural gas, oil, and coal and eventually these very important energy sources will not be available to the human use anymore. The term
"non–renewable" means that there is only a certain amount of this energy source on this earth, so the faster we keep burning through all these
non–renewable energy sources the faster we will run out of them. Now, if we run out of these non–renewable energy sources our world would turn
chaotic. Everything we do relies on these three different kinds of energy. For example, if we ran out of these energy sources we would not be able to
drive cars, use our cell phones, or even have heat for your homes. Eventually, the goal would be to use our advanced technology to find other
renewable energy sources that serve the same purpose as the non–renewable energy sources we use today so we will not

How Climate Change Affected Canada
Climate change happens when long term weather patterns are refined. It can be identified in the changes of temperature, winds, precipitation, and other
forms of natural processes. This can occur through many different factors, one being through human activity. Global warming is one of the main scales
used to measure climate change. For life to be able to continue on Earth, the sun is required. Solar radiation is reflected back into space, however, small
amounts of radiation get trapped in the Earth's atmosphere, causing a rise of temperature. The atmosphere is composed of delicate gases, the most
important gas being Carbon Dioxide. A main component on Earth is Carbon, which is released into the atmosphere through many activities, one human
... Show more content on Helpwriting.net ...
It requires all parties to put their best efforts and requirements to report emissions on a regular basis. Every 5 years, there will be a global stock take
to assess the progress toward achieving the purpose of the Agreement (UNFCCC– The Paris Agreement, 2018). A climate change conference where
leaders all over the world came together to address climate change, have a goal to deliver action by 2020. In order to be successful, participating
countries must make enough provisions to develop financial and technological support to help developing countries. The Marrakech partnership for
good clime change action provides agreed outcomes in Paris, by providing a detailed structure to help speed up and get rid of gas emissions, scale
down the pace of climate action among parties and non–parties steak holders in all parts of the world. Each year the action plan will continue to evolve
as progress is made and new challenges and opportunities arise. The Paris agreement requires all parties to forward their effects nationally determined
contributions. This includes regular reports on emissions and plans to success. As all parties have agreed to work together during the time frame
2017–2020, there has been current progeress to minimizing emissions (UNFCCC– Marrakech partnership for global climate action,

Federal District Court Alleging First Amendment Violations...
I was recently asked to provide some prospective on a lawsuit that was filed in federal district court alleging first amendment violations against the
former Sheriff of El Paso County, Terry Maketa, former Undersheriff, Paula Presley, as well as, the El Paso County Board of County
Commissioners. It brings up a lot of interesting legal issues regarding federal civil rights complaints that I think are important to discuss. The Law
the Action is Brought Under The lawsuit is brought under 42 U.S.C. В§ 1983. Section 1983, or civil actions for deprivation of rights, is an
amended version of the Civil Rights Act of 1871. The statute provides that: Every person who, under color of any statute, ordinance, regulation,
custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other
person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be
liable to the party injured in an action at law..." Thus, the two main requirements for a В§ 1983 claim are (1) "state actors" and (2) "acting under
the color of law." "Color of law" has been defined by the United States Supreme Court as the "[m]isuse of power, possessed by virtue of state law and
made possible only because the wrongdoer is clothed with the authority of state law." U.S. v. Classic, 313 U.S. 299, 326 (1941). So, if Maketa and
Preseley are the state actors, why

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