Law of whistleblowing class # 14
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This document summarizes key aspects of whistleblowing law from an international and US perspective. It discusses the burden of proof in US First Amendment retaliation cases and a relevant 2008 case from the European Court of Human Rights. It also outlines international standards and conventions related to whistleblowing from the Council of Europe and United Nations. Additionally, it lists five ways laws encourage whistleblowing, such as by prohibiting retaliation and requiring organizations to facilitate the process. Finally, it presents three perspectives on whistleblowing - the individual, institutional, and societal levels.
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Tesis ini membahas akibat hukum perjanjian kerja yang dibuat perusahaan dengan pekerja menurut hukum perdata dan undang-undang ketenagakerjaan berdasarkan studi perjanjian kerja yang terdaftar di Dinas Sosial dan Tenaga Kerja Kota Medan. Penelitian menemukan bahwa secara hukum perdata perjanjian kerja sah, namun ditemukan ketentuan yang tidak sesuai dengan undang-undang ketenagakerjaan terkait lamanya peker
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1
UNIVERSITY OF PORTSMOUTH BUSINESS SCHOOL
BUSINESS & EMPLOYMENT LAW
(U21764 & U24401)
Unit co-ordinator - HELEN BURTON
[email protected]
Anglesea 1.60
Lecture Notes
2017
2
3
Week Week
beginning
Lecture Seminar
1 25
September
Introduction to the unit
Classification & sources of law
What is law?
2 2 October Domestic legislation and
European law
Classification and sources of law
3 9 October Case law and judicial
precedent
How to read and understand
cases
Legislation and statutory
interpretation
4 16 October Introduction to contract law
Contract formation
Case law and judicial precedent
How to read and understand
cases
5 23 October Contractual terms Contract formation
6 30 October Controls on exemption
clauses and unfair terms
Contractual terms
7 6 November Misrepresentation Controls on exemption clauses
and unfair terms
8 13 November Discharging a contract
Remedies for breach of
contract
Misrepresentation
9 20 November Introduction to the law of tort Discharging a contract
Remedies for breach of contract
10 27 November Negligence Introduction to the law of tort
11 4 December Vicarious liability, defences
and remedies in tort
Negligence
12 11 December No lecture Work on Moodle to help with
coursework due 12th January
Business Law
Autumn Teaching Block 2017
4
5
CONTENT OF THIS LECTURE
· Introduction to the unit
· What is law?
· Classification of law
· Sources of law
· Overview of the Courts System
Introduction to this unit
To help you throughout the year don’t forget these resources:
1 Two printed handouts:-
i. Lecture notes (you need to supplement these with your own notes, spaces have been
left for you to do so).
ii. Seminar questions.
2 University Library
3 Moodle
4 Lecturer and seminar tutors
5 Core text
6 Unit handbook, this is on Moodle and has lots of useful info about the unit, you will need to
refer to it throughout the year
Lectures only give an overview of a topic.
You need to read beyond your lecture notes!
LECTURE ONE
Introduction to the Unit
Classification and Sources of Law
6
Preparation for seminars
Seminars are most important and you should prepare for them properly and attend each week.
Evidence shows a clear link between those students who do not attend seminars and those who do
badly and fail coursework and exams
To ensure this does not happen to you make sure you:
Read the pages of the core text indicated on the seminar sheet before the seminar.
· Identify what words you will need to understand in order to answer the questions on the seminar
sheet.
· Prepare answers to the questions on the seminar sheets.
· After the class, engage in some further reading as listed on your seminar sheets.
· Ask your seminar tutor to go over any points you are not certain about, they
are ...
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This document appears to be notes from a law school class about whistleblowing law. It covers several questions: whether a private sector employee can file a False Claims Act lawsuit, if an employee named Alex can use documents in an FCA suit, how Model Rule 1.9(a) would apply to Alex as an FCA relator, a 1967 case from the Eastern District of Virginia called "In re: Ryder", and questions about what information an employee named Cabrazzo can share with her lawyer or use in a lawsuit, and how much data an employee is allowed to copy from their work computer.
Law of whistleblowing class # 21
This document discusses whistleblowing laws and incentives. It outlines five ways that laws encourage whistleblowing, including by requiring whistleblowing, prohibiting retaliation, compensating whistleblowers, and providing financial incentives. The document then discusses provisions of the False Claims Act that allow private citizens to file lawsuits on behalf of the government, provides criteria for an "original source" of information, and notes a case where a whistleblower received $500 for reporting issues internally and to oversight bodies.
Law of whistleblowing class # 19
The document discusses US laws protecting whistleblowers, specifically the Whistleblower Protection Act (WPA) which protects disclosures of information about violations of law, gross mismanagement, or threats to health and safety. It provides details on what is covered under the WPA and exceptions for classified information or if disclosure is prohibited by law. It also lists intelligence agencies excluded from the WPA and details charges and convictions under the Uniform Code of Military Justice and US code for conduct unbecoming and unauthorized disclosure of national defense information.
Law of whistleblowing class # 18
The document discusses exceptions to confidentiality rules for attorneys under Missouri Rule 1.6 and 17 CFR 205.3(d) that allow disclosure to prevent substantial harm, comply with the law, or prevent a client from committing a crime or fraud. It also discusses protections for whistleblowers under the Whistleblower Protection Act that allow disclosure of information reasonably believed to evidence violations of law or regulation.
Law of whistleblowing class # 17
This document discusses whistleblowing and the options available to a demoted employee seeking assistance. It also addresses whether a lawyer can use information learned from a client in legal proceedings. The document reviews exceptions under Missouri Rule 1.6 for when a lawyer can disclose client information, such as to prevent death or serious bodily harm, prevent the client from committing a crime or fraud, or to rectify substantial financial injuries resulting from a client's criminal acts.
Law of whistleblowing class # 16
This document discusses the law of whistleblowing and retaliatory discharge. It summarizes the 1994 California Supreme Court case General Dynamics v. Superior Court, which established that an implied contract can protect employees from retaliatory discharge. It then lists the elements required for a claim of retaliatory discharge, including that the employee refused to commit a crime, reported a crime to the government, or reported an illegal, unethical, or unsafe practice. The document concludes by questioning whether retaliatory discharge protections apply to non-lawyers and addresses issues of confidentiality.
Law of whistleblowing class # 15
The document discusses Illinois Rule 1.6(b) which states that a lawyer shall reveal information about a client to prevent the client from committing an act that would result in death or serious bodily harm. It also discusses Model Rule 1.6(b) which allows a lawyer to reveal information if necessary to prevent reasonably certain death or substantial bodily harm. The document appears to be about the law of whistleblowing and the rules governing what information a lawyer can disclose about a client.
Law of whistleblowing class # 12
This document discusses landmark Supreme Court cases on whistleblowing from 1968 to 1983, including Pickering v Board of Education, Givhan v Western Line Consolidated School District, and Connick v Myers. It also mentions Model Rule 3.8(d) regarding a prosecutor's disclosure of evidence, 42 USC § 1983 concerning deprivation of civil rights, and the roles and ethical obligations of citizens, employees, and professionals.
Law of whistleblowing class # 10
This document discusses 18 USC 1514A, which protects employees of publicly traded companies from retaliation if they provide information to government agencies about conduct that violates securities laws or SEC regulations. Under this law, companies cannot fire, demote, suspend, threaten, or harass employees who disclose information to the SEC, Congress, or other supervisory individuals about suspected violations of laws around mail fraud, wire fraud, bank fraud, or securities fraud. The document also lists legal ethics resources for researching issues around the law of lawyering, including treatises, annotated rules, restatements, textbooks on legal malpractice, and manuals.
Law of Whistleblowing - Class # 9
This document summarizes key topics around whistleblowing law from a class at Washington University in Fall 2014. It outlines five ways that laws encourage whistleblowing, such as by prohibiting retaliation against whistleblowers. It also defines a whistleblower and discusses perspectives on whistleblowing from an individual, institutional, and societal level. Additionally, it covers the development of common law protections for whistleblowers dating back to a 1959 California court case that established a public policy exception to employment at will.
Law of Whistleblowing - class # 7
Hawkins v. King County, legal malpractice, clients with diminished capacity, Survivors Network of those Abused by Priests
law of whistleblowing - Slides class 3 f14
This document discusses the law of whistleblowing and attorney-client privilege in the context of internal investigations. It summarizes the Upjohn v. United States Supreme Court case which established that a corporation can assert attorney-client privilege and rejected the "control group" test. It also discusses the Garner v. Wolfinbarger case where the court found that in a derivative action, a corporation's attorney-client privilege is qualified if the corporation owes fiduciary duties to shareholders. Sample interview instructions are provided cautioning that while discussions are privileged, the company may choose to disclose results to outside parties.
Law of Whistleblowing - Class # 1
This document discusses the law of whistleblowing and contains information about a law school class on the topic. It mentions five levels of learning about whistleblowing including how-to, black letter law, doctrine/policy, theoretical/interdisciplinary perspectives, and ideological/critical views. It also lists dates from May 1998 to August 2001 where Jerry Sandusky assaulted victims while a coach at Penn State, raising issues of special obligations organizations have to report such crimes discussed in Model Rule 1.13.
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Lincoln硕士毕业证成绩单【微信95270640】办理新西兰林肯大学毕业证原版一模一样、Lincoln毕业证制作【Q微信95270640】《新西兰林肯大学毕业证购买流程》《Lincoln成绩单制作》新西兰林肯大学毕业证书Lincoln毕业证文凭新西兰林肯大学
本科毕业证书,学历学位认证如何办理【留学国外学位学历认证、毕业证、成绩单、大学Offer、雅思托福代考、语言证书、学生卡、高仿教育部认证等一切高仿或者真实可查认证服务】代办国外（海外）英国、加拿大、美国、新西兰、澳大利亚、新西兰等国外各大学毕业证、文凭学历证书、成绩单、学历学位认证真实可查。
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多年留学服务公司,拥有海外样板无数能完美1:1还原海外各国大学degreeDiplomaTranscripts等毕业材料。海外大学毕业材料都有哪些工艺呢？工艺难度主要由：烫金.钢印.底纹.水印.防伪光标.热敏防伪等等组成。而且我们每天都在更新海外文凭的样板以求所有同学都能享受到完美的品质服务。
国外毕业证学位证成绩单办理方法：
1客户提供办理新西兰林肯大学新西兰林肯大学毕业证学位证信息：姓名生日专业学位毕业时间等（如信息不确定可以咨询顾问：我们有专业老师帮你查询）；
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3毕业证成绩单电子版做好以后发送给您确认；
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一真实留信认证的作用(私企外企荣誉的见证):
1：该专业认证可证明留学生真实留学身份同时对留学生所学专业等级给予评定。
2：国家专业人才认证中心颁发入库证书这个入网证书并且可以归档到地方。
3：凡是获得留信网入网的信息将会逐步更新到个人身份内将在公安部网内查询个人身份证信息后同步读取人才网入库信息。
4：个人职称评审加20分个人信誉贷款加10分。
5：在国家人才网主办的全国网络招聘大会中纳入资料供国家500强等高端企业选择人才。问山娃想买什么想吃什么山娃知道父亲赚钱很辛苦除了书籍和文具山娃啥也不要能牵着父亲的手满城闲逛他已心满意足了父亲连挑了三套童装叫山娃试穿山娃有点不想父亲说城里不比乡下要穿得漂漂亮亮爸怎么不穿得漂亮望着父亲山娃反问道父亲听了并不回答只是吃吃地笑山娃很精神越逛越起劲父亲却越逛越疲倦望着父亲呵欠连天的样子山娃也说困了累了回家吧小屋闷罐一般头顶上的三叶扇彻夜呜呜作响搅得满屋热气腾腾也搅得山娃心烦意乱父亲一的
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学校原件一模一样【微信：741003700 】《(SU毕业证书)美国雪城大学毕业证成绩单》【微信：741003700 】学位证，留信认证（真实可查，永久存档）原件一模一样纸张工艺/offer、雅思、外壳等材料/诚信可靠,可直接看成品样本，帮您解决无法毕业带来的各种难题！外壳，原版制作，诚信可靠，可直接看成品样本。行业标杆！精益求精，诚心合作，真诚制作！多年品质 ,按需精细制作，24小时接单,全套进口原装设备。十五年致力于帮助留学生解决难题，包您满意。
本公司拥有海外各大学样板无数，能完美还原。
1:1完美还原海外各大学毕业材料上的工艺：水印，阴影底纹，钢印LOGO烫金烫银，LOGO烫金烫银复合重叠。文字图案浮雕、激光镭射、紫外荧光、温感、复印防伪等防伪工艺。材料咨询办理、认证咨询办理请加学历顾问Q/微741003700
【主营项目】
一.毕业证【q微741003700】成绩单、使馆认证、教育部认证、雅思托福成绩单、学生卡等！
二.真实使馆公证(即留学回国人员证明,不成功不收费)
三.真实教育部学历学位认证（教育部存档！教育部留服网站永久可查）
四.办理各国各大学文凭(一对一专业服务,可全程监控跟踪进度)
如果您处于以下几种情况：
◇在校期间，因各种原因未能顺利毕业……拿不到官方毕业证【q/微741003700】
◇面对父母的压力，希望尽快拿到；
◇不清楚认证流程以及材料该如何准备；
◇回国时间很长，忘记办理；
◇回国马上就要找工作，办给用人单位看；
◇企事业单位必须要求办理的
◇需要报考公务员、购买免税车、落转户口
◇申请留学生创业基金
留信网认证的作用:
1:该专业认证可证明留学生真实身份
2:同时对留学生所学专业登记给予评定
3:国家专业人才认证中心颁发入库证书
4:这个认证书并且可以归档倒地方
5:凡事获得留信网入网的信息将会逐步更新到个人身份内，将在公安局网内查询个人身份证信息后，同步读取人才网入库信息
6:个人职称评审加20分
7:个人信誉贷款加10分
8:在国家人才网主办的国家网络招聘大会中纳入资料，供国家高端企业选择人才
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Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
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Law of whistleblowing class # 14
- 1. The Law of Whistleblowing Washington University – Fall 2014 class # 14
- 2. First Amendment Retaliation Cases Burden of Proof
- 3. P: P spoke as citizen on matter of public concern balance P’s v. employer’s interests P: P’s speech was motivating factor in employer’s action D: D would have taken same action in absence of speech
- 4. Guja v Moldova European Court of Human Rights 2008
- 5. European Convention for the Protection of Human Rights and Fundamental Freedoms 5
- 6. European Convention for the Protection of Human Rights and Article 10 6
- 8. Council of Europe Civil Law Convention on Corruption 8
- 9. Council of Europe Criminal Law Convention on Corruption Article 22 9
- 10. United Nations Convention against Corruption 10
- 11. Ways the Law Encourages Wg 1. Require Wg 2. Prohibit retaliation against Ws 3. Compensate Ws who experience retaliation 4. Require / encourage organizations to facilitate Wg 5. Provide financial incentives to Ws
- 12. Ways the Law Encourages Wg 1. Require Wg 2. Prohibit retaliation against Ws 3. Compensate Ws who experience retaliation 4. Require / encourage organizations to facilitate Wg 5. Provide financial incentives to Ws
- 13. U.S. Office of Special Counsel
- 14. 14
- 15. 15 •
- 16. Perspectives on Wg 1. Individual rights, including free expression protections for employees 2. Institutional Does leadership have information it needs? 3. Societal / Cultural Effect on ethos