Hot Coffee Tort Reform
Participation Portfolio 1 Asst 3: Henrietta Lacks Discussion Questions Please answers each of the following questions, and be prepared to discuss in class 1. Please outline the history of Henrietta Lacks 's tissue cells. Who did what with the cells, when, where and for what purpose? Who benefited, scientifically, medically, and monetarily?
Alex Frost Values: Law & Society 9/23/2014 The Hollow Hope Introduction and Chapter 1 Gerald Rosenberg begins his book by posing the questions he will attempt to answer for the reader throughout the rest of the text: Under what conditions do courts produce political and social change? And how effective have the courts been in producing social change under such past decisions as Roe v. Wade and Brown v. Board of Education? He then works to define some of the principles and view points 'currently' held about the US Supreme court system.
Supreme Court cases can shape our national laws; it can shape an American citizen’s future. Without them, the Bill of Rights could be left up for our own interpretation. This could cause unfair laws and create havoc. In 1966, a court case named Kent vs United Sates took place. This case could create the ability to shape a juvenile's life forever.
Kluger described various lawsuit because he was sure that it would help readers to get the better understanding of the emerging of the civil rights movement in the U.S. (Lowe 127). Hence, Kluger wants his readers to get the clear understanding of the history because the American society has a rich history of the process of its development and progress. The author is sure that all the historical events that are described in the books played the vital role in the process of the establishment of the American society. To sum up, it is needed to state that “Simple Justice” is the book that is helping readers to understand the importance of freedom as well as equality in the life of the society. All the people are equal, and the government has to be interested in the promotion of the equality so that there should be no place for the race discrimination.
Injustice The Scottsboro Case shed light on the racial practices expressed in law that made a great impact on the legal system today. The actual victims of the Case did not receive a fair trial due to the color of their skin. The ones who played the victims planned the crime, and their stories made no sense. But like many of the trials during the time it wasn’t based on the actual evidence that was found,or even the defendants ' stories.
In Drinking Coffee Elsewhere, the major theme that develops is a loss of innocence. This loss of innocence is a common theme in many of the stories including Brownies, Our Lady of Peace, Speaking in Tongues, and Geese. In the first story Brownies, there is a troop of black girl scouts and a troop of white girl scouts going camping. The black girl scouts have always looked at the white girls as different, and were calling them names. “They smell like Chihuahuas.”
Health Care Law: Tort Case Study Carolann Stanek University of Mary Health Care Law: Tort Case Study A sample case study reviewed substandard care that was delivered to Ms. Gardner after having sustained an accident and brought to Bay Hospital for treatment. Dr. Dick, a second-year pediatric resident, was on that day in the ED and provided care for Ms. Gadner. Dr. Moon, is the chief of staff and oversees the credentialing of all physicians at Bay Hospital.
The Pure Food and Drug act of 1906 was the 1st consumer protection law by the Federal Government, this act was passed by President Theodore Roosevelt. The main purpose of the Pure Food and Drug act was to prohibit transportation of contaminated, poisonous, and misbranded foods, drugs, medicines and liquors. Without the pure food and drug act our food, medication, and other product would be filled with dangerous chemicals that would have harm in our health and potentially cause death. Before the 20th century, there were no laws or regulations that protected Americans from hazardous foods and medicines. This meant that there were no restrictions of what chemicals could be put in one’s food or medicine, leaving the open to mass deaths of contaminated or poisonous products.
The days after the case were filled with loud, angry, determined crowds and were intensified in loneliness. Peaceful protests were applauded in some places, and others were brought with violence. Many people were hurt or even dead in the end of all of it. Students, civil rights protesters, workers, and other innocent people were beaten, hosed, jailed, and/or even killed. Even after all of those harsh struggles and events, the positives finally surfaced.
Clinical studies were created to prevent Spurlock’s biased style of procedures. In the third case, Spurlock has too broad of an argument, focused on too many subjects, and ultimately did not demonstrate (per the lawsuit) how McDonald’s intended for its customers to eat a McDiet three times a day, every day, and that McDonald’s was aware that the specified regimen was dangerous. Indeed, fast food is harmful to our health when consumed in excess; however, Spurlock’s ceaseless bingeing overstates the good point. Today, we are inundated with information related to life’s dangers, but we should not follow these messages
Courts prove unsuccessful in achieving social change due to the constraints on the court’s power. Rosenburg’s assessment that courts are “an institution that is structurally challenged” demonstrates the Constrained Court view. In this view, the Court’s lack of judicial independence, inability to implement policies, and the limited nature of constitutional rights inhibit courts from producing real social reform. For activists to bring a claim to court, they must frame their goal as a right guaranteed by the constitution, leading to the courts hearing less cases (Rosenburg 11). The nature of the three branches also creates a system of checks and balances in which Congress or the executive branch can reverse a controversial decision, rendering the Court’s impact void.
A Civil Action is a movie based on a true story about an epic courtroom showdown where Jan Schlichtmann, a tenacious personal-injury attorney files a lawsuit against two of the nation's largest corporations. He accuses, Beatrice Foods and W. R. Grace Company for causing the deaths of children from water contamination by the illegitimate dumping of chemical wastes into natural water sources. The first issue brought up in this movie is concealing or misrepresenting of the truth also known as deceit. Deceit occurs when an individual withholds or misrepresents information by making false statements with the intent of altering another person’s position on a matter. In the movie, Jan does some personal investigations after he notices that there’s
Not many people have sued someone in a their lifetime. However, sueing others for our own problems is what makes America a snivelization (“The McDonalds’ Coffee Case”). An example of this is the story of the woman who sued McDonald’s for her hot coffee spilling in her lap, which then she recieved third degree burns. She proceded to sue for twenty-thousand dollars and she recieved one-hundred and sixty thousand dollars. After this happened McDonald’s added the caution hot onto the top of the lids.
McDonald’s believed, according to sources, that the revenue they make from the billions of coffees sold outweigh the legal repercussions of accidents caused by the coffee. Was the alleged tort intentional, negligent, or strict liability? The alleged tort was neither intentional nor did it contain aspects of being strict liability. The alleged tort was obviously negligence on the part of McDonald’s. Extra precautionary care and warnings need to be established to prevent people from being hurt not to mention a decrease in the temperature of the coffee.
Ethical issue in Starbucks Starbucks, an American coffeehouse chain based in Seattle, Washington, is the world largest coffee retailer chain in the world having more than 21,000 stores in 65 countries (Starbucks website, n.d.). In United States, Starbucks owned 12,973 stores (Starbucks Company Statistics, 2014), which is more than 73% of the market shares of the United States coffeehouse industry. Hence, Starbucks possesses monopoly power in the specialty coffee market. Enjoying monopoly position, Starbucks plan to completely dominate the market by eliminating competition. Starbucks engages in a range of anti-competitive activities.
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