by | Jun 17, 2022 | APA 7th edition, Law
Twenty years ago, Johnny killed his wife in a fit of rage when he came home one night and saw her in bed with another man. Based on the mandatory sentencing guidelines at the time of his conviction, Johnny was sentenced to life in prison without any opportunity for parole.
For the past 20 years, Johnny has been a model prisoner. He finished his college degree and worked as a cook in the prison kitchen. One day, a fight in the mess hall between two other prisoners resulted in the death of one prisoner and several injuries to prison guards. At the time, Johnny was working in the kitchen and took no role in the fight.
After the fight, the warden of the prison imposed a series of punishments. First, the warden ordered a 24-hour lockdown of the prison. This lockdown lasted 10 days, during which prisoners were not allowed out of their cells.
Second, the warden ordered that prisoners be deprived of all treats including adult magazines, reading materials, caffeinated sodas, candy, and desserts; visiting privileges for all prisoners were halted for one year.
Finally, and perhaps worst, the warden decided to isolate the most violent prisoners for an extended period. Because of Johnnys murder conviction, the warden ordered Johnny to serve six months in solitary confinement.
After doing his time in solitary, Johnny filed an internal complaint with the warden. In his complaint, Johnny argued that the wardens punitive measures violated his Eighth Amendment rights. The warden denied Johnnys complaint and Johnny then filed a complaint in the federal court.
***please represent the warden, who is most likely represented by the government. Show, using case law and other legal arguments, how the wardens measures did not constitute violations of the Eighth Amendment.
***Please note that the Week 7 Content section contains review of the case law relevant to this discussion so please be sure to review that material. ***
Have fun with this! Be strong advocates for your clients but be sure to use the law to support your position, not simply opinions.
by | Jun 16, 2022 | APA 7th edition, Law
Vern Shoepke bought a two-story home in Roche, Maine. The warranty deed did not specify what covenants would be included in the conveyance. The property was adjacent to a public park that included a popular Frisbee golf course. (Frisbee golf is a sport similar to golf but using Frisbees.) Wayakichi Creek ran along the north end of the park and along Shoepkes property. The deed allowed Roche citizens the right to walk across a five-foot-wide section of the lot beside Wayakichi Creek as part of a two-mile public trail system. Teenagers regularly threw Frisbee golf discs from the walking path behind Shoepkes property over his yard to the adjacent park. Shoepke habitually shouted and cursed at the teenagers, demanding that they not throw the discs over his yard.
Two months after moving into his Roche home, Shoepke leased the second floor to Lauren Slater for nine months. The lease agreement did not specify that Shoepkes consent would be required to sublease the second floor. After three months of tenancy, Slater sublet the second floor to a local artist, Javier Indalecio. Over the remaining six months, Indalecios use of oil paints damaged the carpeting in Shoepkes home. Using the information presented in the chapter, answer the following questions.
- What is the term for the right of Roche citizens to walk across Shoepkes land on the trail?
- What covenants would most courts infer were included in the warranty deed that Shoepke received when he bought his house?
- Can Shoepke hold Slater financially responsible for the damage to the carpeting caused by Indalecio? Explain.
- Could the fact that teenagers continually throw Frisbees over Shoepkes yard outside the second-floor windows arguably be a breach of the covenant of quiet enjoyment? Why or why not?
Debate This:
Under no circumstances should a local government be able to condemn property in order to sell it later to real estate developers for private use.
by | Jun 16, 2022 | APA 7th edition, Law
Vanessa Denai owned forty acres of land in rural Louisiana. On the property were a 1,600-square-foot house and a metal barn. Denai met Lance Finney, who had been seeking a small plot of rural property to rent. After several meetings, Denai invited Finney to live on a corner of her land in exchange for Finneys assistance in cutting wood and tending her property. Denai agreed to store Finneys sailboat in her barn.
With Denais consent, Finney constructed a concrete and oak foundation on Denais property and purchased a 190-square-foot dome from Dome Baja for $3,395. The dome was shipped by Doty Express, a transportation company licensed to serve the public. When it arrived, Finney installed the dome frame and fabric exterior so that the dome was detachable from the foundation. A year after Finney installed the dome, Denai wrote Finney a note stating, Ive decided to give you four acres of land surrounding your dome as drawn on this map. This gift violated no local land-use restrictions. Using the information presented in the chapter, answer the following questions.
- Is the dome real property or personal property? Explain.
- Is Denais gift of land to Finney a gift causa mortis or a gift inter vivos?
- What type of bailment relationship was created when Denai agreed to store Finneys boat? What degree of care was Denai required to exercise in storing the boat?
- What standard of care applied to the shipment of the dome by Doty Express?
Debate This:
Common carriers should not be able to limit their liability.
by | Jun 15, 2022 | APA 7th edition, Law
****ANSWER POST 250 WORDS MIN****
Discussion Questions: Compare and contrast at least two counter-radicalization program. What are the similarities and differences between them? Which particular counter or de-radicalization program do you think is or would be the most effective when employed in North America for those already radicalized?
****REPLY TO EACH POST 100 WORDS MIN EACH****
1. Two very interesting deradicalization or rehabilitation programs were described in this week’s readings, the Minnesota Terrorism Disengagement and Deradicalization Program (Kaplan, 2019) and the Sri Lankan program for working with former Tamil Tigers (Souris & Singh, 2018). The primary reason that these two programs stand out was their use of reeducation and reintroduction back into society. Both of the programs focus on addressing the root causes that led to an individual being drawn to an extreme ideology. The programs work to help the individual to fill the void, left by the extremist ideology or removal from organization, with career training, community involvement, and even help with rebuilding personal relationships.
Both of the deradicalization programs focus on reintegrating the individual back into society but they differ in their approach to determining the cause of the radicalization. In Sri Lanka, the government is working to correct the societal issues that led an entire population of its citizens to an extremist, anti-governmental cause, and eventually civil war. The program focuses on the societal shift from imprisonment back into society. Experts have acknowledged that avoiding reintegration back into the extremist organization is easier in this case because the Tigers have been eliminated (Souris & Singh, 2018).
Minnesota’s program is similar to Sri Lanka’s but it uses societal reintegration and deradicalization as a counter offer to jail time. The program works to find the root causes of extremists’ radicalization but it is able to keep the individual on the correct path by using the threat of imprisonment (Kaplan, 2019). This style of a program seems highly affective for a North American style extremist because it helps remove them from the societal factors that led to their removal from normal society. It also has a forcing function to hold them accountable for their actions, which are being monitored.
2. In Minnesota there is a program which was recently developed to de-radicalize terrorists. This program operates under the umbrella of supervised release for convicted terrorists with aims to counsel and de radicalize them through psychological, emotional, and religious counseling (Kaplan, 2019). This program is the first in the United States to actually address the issues regarding de-radicalization. Other countries also have similar types of programs and one of the more successful programs was developed in Germany. The program termed EXIT, began in 1989 and had put out a number of successful cases. This program is specifically for helping at the psychological and emotional level and making the individual look at a different manner of thinking (n.a., 2022). Both of these programs examine the psychological backgrounds of the individuals and work at find the originating point of the extremist behavior. However, the US program seeks reintegration as the end goal, but the Germany program mainly focuses on changing the behavior and thats where the assistance ends.
Changing peoples minds is not an easy task especially when there is a deeply rooted cultural and religious purpose for their violent actions. I think that there is going to be a lot of trial and error in a de-radicalization program because there is no single model or mold which will fit everyone. I think both of these programs do have merit, but I feel that the reintegration model currently being used in the US is the better option. By focusing on reintegration, it allows for an opportunity to change the behavior pattern as opposed to letting the individuals thought and behavior patterns grow into more of the same. It can be a risk letting those who are committed terrorists out into the general public, but as long as there was a effective supervision and very specific ground rules laid out with consequences for breaking those rules, it could be a possible option for de-radicalizing terrorists.
by | Jun 13, 2022 | APA 7th edition, Law
Imagine that a hospital in the United States has recruited a billing specialist who reports to the manager of the billing department. The responsibility of the billing specialist is to ensure compliance with billing policies and procedures. The manager has begun an audit of the department’s adherence to policies and procedures. The audit reveals that the recently recruited billing specialist is not following the standard billing guidelines. In several patient bills, the manager observes billing errors and noncompliance with the hospital’s standard process. After investigation, the manager determines that it is fraudulent billing.
In your initial post, include the following:
- Identify the legal and compliance implications of the billing specialist’s actions.
- Describe how you believe the manager and hospital should respond to this issue.
- Describe the measures the hospital should take to prevent the recurrence of this issue.
by | Jun 13, 2022 | APA 7th edition, Law
Overview
Bureaucracy often dictates rules and regulations. For example, to help consumers compare prices across hospitals and estimate the cost of care, the Centers for Medicare and Medicaid Services (CMS) published rules governing hospital price transparency. Hospitals are required to provide clear, accessible pricing information online about the items and services they provide in two ways:
- As a comprehensive machine-readable file with all items and services
- In a display of shoppable services in a consumer-friendly format
Noncompliance with the mentioned transparency rule may lead to the penalties and other legal actions defined by CMS.
This assignment will help you understand how bureaucracy plays an important role in forming and reforming the rules. Also, it will support your project work by helping you understand how policies and new rules impact stakeholders.
Prompt
Write a short paper focusing on the current hospital price transparency rule. Your research should include the rule enforcement strategy, how hospitals are complying with the rule, and the impact of this rule on the healthcare system.
You must cite at least three sources to support your claims. For additional help with completing this assignment, refer to the Shapiro Library Guide: Nursing Graduate item in the Start Here module. You may also use the Online Writing Center, located in the Academic Support module.
Specifically, you must address the following rubric criteria:
- Rule Enforcement Strategy: Explain the bureaucratic strategy CMS is using to enforce the price transparency rule for hospitals.
- Legal Risks and Liabilities: Describe the legal risks and liabilities associated with the price transparency rule for hospitals, including how to differentiate between legal risks and liabilities associated with this rule. Consider the following questions in your response:
- What are the penalties and other legal actions defined by CMS for noncompliant hospitals?
- Hospital Compliance Preparation: Describe how hospitals need to prepare in order to comply with the rule of price transparency. Consider the following questions in your response:
- What are the guidelines for displaying standard charge information?
- How does the rule of price transparency apply to federally owned or operated hospitals (such as a Department of Veterans Affairs hospital)?
- How can this price transparency rule be improved to help people with low or no internet access?
- Impact on Overall Healthcare System: Hypothesize the potential effects of the price transparency rule on the overall healthcare system. Consider the following questions in your response:
- What are two potential drawbacks of this rule for privately owned hospitals?
- What are two potential benefits of this rule for federally owned hospitals?
Guidelines for Submission
Your submission should be a 2- to 3-page Word document. You must also include an APA-style title page. Use 12-point Times New Roman font, double spacing, and 1-inch margins. Sources should be cited according to APA style.
