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LAW Reports

QUESTION :-
Naj runs an online business – Poshpaws, selling upmarket and expensive pet accessories. He has three employees who process the online orders and each has their own desk and computer. At the base of each order form there is a box for a customer to tick if they are interested in hearing more from Poshpaws. Naj keeps a list of the people who agree to further information being sent so that he can use this for marketing purposes. He also keeps the email addresses of those who do not tick the box, but in a different file titled ‘Past Customers’.
Naj introduces a new line of gourmet pet foods to his range and decides to publicise them by sending an email promoting the food and offering a discount to previous visitors to the website. Naj sends a promotional email to all the people who have ticked the box on the order form including a subject line and return address and inviting them to take advantage of the offer. Ali – who previously ordered a diamante collar for his spaniel receives the email. Naj also sends the message to the individuals in the ‘past customer’ file. Debbie, who has previously looked at Poshpaw’s website, but found it too expensive, is not happy to receive the email. She did not tick the box on the order form.
Although Poshpaws is successful, Naj feels he cannot afford to waste any of the company’s time or money. He is therefore keen that his employees spend all their working hours actually working and don’t spend time on other online activities such as internet shopping or social networking sites. He introduces a system which tracks which websites his employees are visiting during working hours. He runs reports from this system and then puts the reports in the employee’s file. These files are kept in a battered cardboard box by the side of Naj’s desk in the open plan office.
One day, one of the reports causes Naj a great deal of concern. It has discovered that an employee, Sarah, has been accessing certain websites repeatedly in her working hours. One website is a Japanese Anime cartoon site showing a cartoon girl having sex, and one contains short videos of naked men beating each other with leather whips.
Naj informs the police and Sarah is arrested and charged with offences under s62 of the Coroners and Justice Act 2009 and s 63 of the the Criminal Justice and Immigration Act 2008.
Sarah is furious, and feels her privacy has been invaded. She demands to see the report of her internet use that Naj has passed onto the police so that she can prepare her defence to the charges.

Advise Naj as to the legality of his actions, and whether he has to allow Sarah access to the papers. Advise Sarah on her likelyhood of conviction of the two offences she has been charged with.

BIBLIOGRAPHY – Must be oxford referencing

Books
(Include details of Author/Title/Publisher/Date of Publication for each book)
Articles
(Include details of Author/Title/Publisher/Date of Publication for each article)
Legislation
Cases
(Give full citation of cases and place in alphabetical order)
Other Written Sources
(e.g. Newspaper publications, government publications)
Other Sources
(e.g. details of websites used)

This coursework most include:
Articles
Law reports
Cases
Statutes
Journals
Books

Your work will be graded taking into account all of the following criteria:

Structure
You need a clear, brief introduction, which identifies the issues raised by the problem. Your answer should then progress in a logical order. You will be penalized if you do not tackle each legal issue separately, stating the law, and then applying it to the facts. Students who write out all the principles of law relevant to the problem, and then only apply it to the facts at the end, will be heavily penalised. You should provide a reasoned conclusion supported by the body of the answer.

Content
The marker will be grading your work taking into account whether you have:
• identified all the issues raised by the problem
• placed appropriate emphasis on the significant issues
• provided an accurate explanation of legal principles
• provided a detailed analysis of the law in relation to the facts
• display ability to evaluate the current legal position
• demonstrated an ability to manipulate the law in order to find alternative solutions where appropriate to the problem
• identified any areas of uncertainty in the law
• provided a good persuasive argument
• made good use of supporting law. Evidence of reading beyond the main text and cases will be sought. You should be familiar relevant journal articles
• provided only material which is relevant
• Please remember not to write in the 1st person
• Remember to criticise the law and input your own opinion.
• Please use Academic opinions and you can also criticise academic opinions too (this gives marks)
• Always refer back to the question IN YOUR ARGUMENT

Sources
You should provide full and accurate referencing, and a bibliography acknowledging all sources used. Be sure not to plagiarise from any source.

Presentation
Credit will be given for a succinct and fluent writing style. Illegible material will not be given credit, and poor use of English will be penalised especially where it makes the sense ambiguous or meaningless. You will be penalised for incorrect spelling so remember to use spell check!

Recomemmded Books
Andrew Murray – Information Technology Law – The Law and Society – Oxford University Press
Lloyd, I Information Technology Law (2008) 5th Edition, Oxford University Press.
Hedley: The Law of Electronic Commerce and the Internet in the UK and Ireland – Cavendish Publishing Wild, Weinstein and MacEwan: Internet law, Old Bailey Press.
Furnell: Cybercrime (1st Edition) Addison Wesley
Reed and Angel: Computer Law (5th Edition) Blackstone Press
Akdeniz, Walker and Wall: The Internet, Law and Society (1st Edition) Longman
Lloyd: Legal Aspects of the Information Society (1st Edition) Butterworths
Rowland and Macdonald: Information Technology Law (2nd Edition) Cavendish
Criminal Law Review Special Edition: Crime, Criminal Justice and the Internet (Sweet & Maxwell) 1998.

Recomemmded Law Reports

Masons Computer Law Reports
All England Reports
Weekly Law Reports
Appeal Cases Reports
World Internet Law Reports

Recomemmded Journals

The Computer Bulletin (British Computer Society)
Computing
InternetNews
Computers and the Law
International Journal of Law and IT
Information and Communications Technology Law
Journal of Information, Law and Technology
Internet Lawyer

Recomemmded Government etc.Reports

Law Commission: Computer Misuse (1988) Working Paper 110.
Scottish Law Commission: Report on Computer Crime (1987) No.106.
Law Commission Report No. 186, Computer Misuse (Cm 819) HMSO, 1989).
National Audit Office Study: IT Security in Government Departments – HMSO 1995.
UK Audit Commission Survey of 1991.
UK Audit Commission 1998: Ghost in the Machine: An analysis of IT Fraud and Abuse.
Computer-Related Criminality (report by the European Committee on Crime Problems, Strasbourg, 1990).
European Convention on Cybercrime (2001).

N.B:-
This most include:
Articles
Law reports
Cases
Statutes
Journals
Books
Law reports

The work will be graded in the account all of the following criteria:

Structure
You need a clear, brief introduction, which identifies the issues raised by the problem. Your answer should then progress in a logical order. I will be penalized if I DID not tackle each legal issue separately, stating the law, and then applying it to the facts. Students who write out all the principles of law relevant to the problem, and then only apply it to the facts at the end, will be heavily penalised. You should provide a reasoned conclusion supported by the body of the answer.
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FAR Cases 2

1.)You are working as the contracting officer for a Department of Defense Agency and you receive a phone call from the president of Acme corp., a company that is in the final stages of a large contract for the supply of electronic components for a weapon system. To date the Contractor has performed very well and there has been no problems. The President is extremely angry and tells you that he is not going to deliver the final 1000 components (K called for delivery of 3000 components) because the economy is bad and that he is not happy with the contract price and he can make more dollars selling them to another agency or country. He tells you to simply terminate the contract for convenience. What would you propose to resolve this and why?
2.) Recently Boeing Corporation was awarded the new Air Force Tanker Contract for $35 billion dollars. You were brought on as a contract consultant for the company that lost the award. As you consider whether to advise your client to protest what key considerations would you look at? Where would you file it and in what time period?
3.) Name one area that you think needs reform in the Acquisition Process and why and what you would propose to fix it?
4.) Explain the difference between a termination for convenience and a termination for default and specifically address the difference it would have on a contractor’s past performance for future contracts. Also, what are the effects on the Government under both situations.
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Starbucks Buyer Journal

The paper has to be well written and well researched. It also needs to be divided into the the different parts.
Part 1
Name of retailer: Starbucks. Define both terms conglomerate or stand alone. Is Starbucks a conglomerate or stand alone?
Mission Statement: Is there an “official” statement? If so, what is the actual statement? If not, what would you write as the Starbucks mission statement?
Location: centralized or de-centralized and does it also have regional or district offices?
First year of operation: when did this retailers first open its doors? what was the ‘then current real world’ like when this retailer first opened? List at least five world events that occurred during the first year of operation for this retailer. How has Starbucks evolved since its first year and what is the current situation with this organization?
Customer Profile: who is the “ideal customer” for this retailer? The demographics of this customer must be included.
Competitive profile who is this retailer’s primary competitor? Why? List a minimum of three primary competitors. Include specifics about each competitor as it relates to Starbucks.
Part 2
Is the department dominated by national, designer or private label brands?
What is the dominate brand? How does this relate to the store in its entirety? List all brands and brand components n a good, better or best format.
What sizes and colors are carried? Is this assortment unique to this particular retailer? Would you expect to see the same or a similar assortment at another type of retailer: specialty, traditional department, discount, catalog, or Internet store/ explain in detail and name the retailers.
Visual presentation- what message was conveyed? What did the signing mean to the customer? Were you able to see the logic of the product assortment? Did the ‘supporting characters’—signing, ambience, make sense to the customer? Does the overall visual presentation relate back to the mission statement? How? It is distracting or inviting? If yes how? If no how?
Part 3
Marketing defined- is the system of business activities designed to plan, price, promote, and distribute products and services to current and potential customers.
Marketing Concept defined- states all business activities should be geared towards satisfying customer needs and wants

What do you see as the current marketing strategy for starbucks? How does this retailer communicate with the “intended” customer-television, newspaper, radio, magazine, direct response or internet? What if any, is the common thread or theme that connects the various advertising media together? What would you do differently if given the opportunity? Be specific. Include at least one example of current marketing effort for this retailer and explain how each example reinforces the retailer’s position amongst its competitors.
Part 4
Retailer Financial same ‘ Analysis
Annual report (most current twelve month period) Access the retailer’s annual report which is available through the organization’s website.
1. What financial accounting calendar is used by Starbucks?
2. When did the fiscal year begin and end for this organization? Include month, day and year.
3. Write a SWOT (at least 5 examples for each of the four categories) from the material read in the annual report and other business/industry materials including the store visit? The SWOT must be written in bullet format.
Part 5 Perspective In conclusion
In no more than 600 words and not less than 400 words what do you feel this retailer Starbucks adds to the overall retail landscape. Include five reasons why this particular retailer is or is not and example of exciting retailing’? Students should draw upon the numerous articles written about this retailer in the last year. Include five reasons why this retailer will or will not be around in 10 years. Also include your view of what the retailer will be like if it is still around ten years. Include examples of product tagging, signage, bags, etc. and any materials that will add value to the development of your point of view perspective.
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Shortage of Primary care physicians in rural areas

Shortage of Primary care physicians in rural areas

The paper is about shortage of primary care physicians in rural areas.
The paper should address the following points:
1) the use of different types of payment and the effect of these types in quality of services provided:
a) capitation
b) Salary
c) fee-for-service
Pros and cons of these types
d) cost benefit analysis
e) effective controls on Quantity and quality
2) the recommendation to decrease the shortage of primary care physicians in rural areas
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Porter’s 5 Forces

Choose a common luxury company
Write 2-3 pages with your own analysis of why you think this company
decided that market conditions were good for them to start their
company or start offering their new product/service.
To write this paragraph you should use the ideas you’ve learned
studying the 5 FORCES as well as list specific competitor names,
specific market conditions and time frames (changes in personal
wealth, national impacts such as 9/11, etc.), and specific holes in
the market, also known as “white space”.

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Analysis of Ethical Dilemma from Current Events

Select an event or occurrence concerning a community or global population published in a newspaper, popular magazine, or professional journal within the last 3 months.

iii) Address all elements listed below in a substantive manner:

(1) Describe the event and ethical implications. Be sure to attach the source article or URL for the instructor.

(2) Use appropriate ethical terminology to define the concern(s).

(3) Analyze the scenario or topic according to the decision-making model.

(4) Identify the problem.

(5) State your value and ethical position related to the case. Present the theories and principles on which your position is based.

(6) Generate alternatives for resolving the problem.

(7) Examine and categorize the alternatives.

(8) Predict the possible consequences for those acceptable alternatives.

(9) Prioritize acceptable alternatives .

(10) Develop a Plan of Action.

(11) Evaluate: Did you do the right thing?

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Consent/End of life – Case Study

Consent/End of life – Case – Mod 5
Order Type:Case Study
Style:APA

Case Study:

Mrs. Sparza, a 70 year old grandmother with little English skills, is
scheduled for surgery of her right eye. Upon entry to the hospital,
she and her son review the general admission documents and Mrs. Sparza
signs them all. Mrs. Sparza also completed and executed a durable
power of attorney for health care. Mrs. Sparza identified her daughter
and son as her agents for decision making in the event that she became
incapacitated. Mrs. Sparza also specified that she did not wish any
heroic measures and that in the event she went into a coma she wanted
the life support terminated.

After changing into a patient gown and having her vital signs taken,
Mrs. Sparza is taken into the pre-operative room where she is placed
on a gurney. After administration of pre-operative muscle relaxant
medication, she is rolled into the operating room. Upon entering the
operating room, Mrs. Sparza is greeted by Nurse Johnson who asks Mrs.
Sparza to sign the surgical consent form. The form is in English and
identifies the procedure as surgery of both eyes. Mrs. Sparza is told
that she is scheduled for surgery of both eyes and is asked to sign
the consent.

When Mrs. Sparza objects and refuses, Dr. Pinnette enters in his green
scrubbs and talks with Mrs. Sparza with the aid of an interpreter.
After a minute of conversation, with tears in her eyes, Mrs. Sparza
signs the consent form and is placed under general anesthesia. At six
a.m., on the next day of her hospitalization, Mrs. Sparza suffers a
heart attack and her kidneys ceased function. She subsequently went
into a coma. Her children were immediately notified and arrived at the
hospital at 8:30 a.m. When informed of the doctor’s decision to place
Mrs. Sparza on a dialysis machine, the son and daughter declined
consent and asked that life-support be terminated pursuant to the
patient’s directive.

Mrs. Sparza’s cardiologist, Dr. Lox, a world famous cardiac surgeon,
refused to give the nurses the order to terminate life-support. Dr.
Lox looked for every excuse to avoid the family. At the family’s
request, Mrs. Sparza’s nurses provided comfort care until 3:30 in the
afternoon of the next day. The two day ordeal was a long and
emotionally traumatic experience for Mrs. Sparza’s family, who
received relief when Mrs. Sparza’s nurse injected a fatal dose of
morphine to ease and expedite her death.

Evaluate and discuss the legal implications of the actions in the
foregoing scenario in light of the module materials and your own
research. Please be thorough in responding in an organized paper not
to exceed four pages.

Assignment expectations:

1.
Identify and briefly explain the elements of informed consent;
2.
Discuss whether Mrs. Sparza’s consent was properly obtained;
3.
Identify Mrs. Sparza’s rights regarding end-of-life decision making;
4.
Discuss the nature of the act of injecting morphine. Was it legal?
5.
Be sure to apply critical thinking skills from your analysis of the
current literaure on each component of this assignment- especially in
regard to #2 and #4 above.
6. Please utilize at least 3-5 scholarly sources and cite them both
within your paper (at the end of paraphrased information) and listed
at the end.

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Prison Overcrowding

Prison Overcrowding The issue of prison overcrowding has been identified as a major cause of inefficiency in correctional facilities and thus needs to be studied. Studying the problem will be a step forward in improving the efficiency in prisons.
Objectives
The aims of this study will be to identify and critically assess the extent of overcrowding in prisons and its effects on inmates and staff. It will establish or identify the gaps in the prison systems. It will also assist in establishing or evaluating solutions to the problems brought about by overcrowding in prisons. It will clearly show the link or connection between overcrowding and reduced inefficiencies in prisons.

 

Background information
Since the 1970’s and the early 1980s, the number of people in prisons started to rise at unprecedented rates. The number of prisoners grew and it was difficult for prison staff to track the names and locations of the inmates. Supervising and overseeing the inmates became a hard task for them. Today, the numbers have excessively risen and prison overcrowding is a major issue. Funding the prisons does not match the number of inmates and this result to miserable conditions in prisons. Prisons should have conducive environment to avoid inflicting unnecessary pain and harm that would have negative effects when inmates are released to the free world. When the numbers outweigh the resources available, the prison system becomes unstable. Facilities are not enough for all inmates.
Dysfunctional effects of overcrowding
Overcrowding causes chronic pains to inmates. Their behavior, health and morale are negatively affected. It is observed that the have blood pressure due to the stressful conditions they live in. the illness levels are higher as such inmates undergo physical and psychological impairment. In general, inmates face the greatest problems due to this issue. The number of social interactions rises and they live in uncertainty and confusion. The system is unable to address the special needs of inmates. Those with mental health needs cannot be well screened, monitored or managed as there is no capacity to address their special needs. Problematic prisoners are also not well catered for as it is difficult to address them. The number of unidentified and untreated inmates deteriorates with overcrowding and this reduces the efficiency of prison systems. (Kuppers et al 1999)
Educational needs of inmates are inappropriately addressed. The number of inmates is uncontrollable and the illiteracy levels rise. Access to jobs by inmates is slow and some do not get jobs at all. This could be attributed to their illiteracy levels as well as lack of assignments, which can give them skills, and experience. The number of inmates is too high to be absorbed in the few prison industry programs. Allocation of tasks is also affected. Such idleness has negative psychological and behavioral effects. It exposes them to violence and destructive behavior, which adds no value in making them better persons on re-entry into the society.

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Stereotyping, Prejudice and Discrimination

Introduction
Stereotyping, prejudice and discrimination are all forms of bias that are responsible for the simplest and even ‘harmless’ societal acts of favoring a neighbor of one’s own race, class, creed or sex by inviting them over for dinner over another neighbor of a different race, class, creed or sex, to the most egregious crimes that humanity has ever witnessed like the holocaust that occurred during the Second World War.
As will be shown in this paper, there are various theories that explain these discriminative acts. The theories include social justification theory, ethnocentrism, social dominance theory, and system justification theory.
This paper will discuss these three concepts separately and their various sub-forms, and will conclude with a proposition concept that will offer a means of overcoming the aforementioned forms of biasness – stereotyping, prejudice and discrimination.

Stereotyping
Stereotyping or a stereotype is an assumption or a conclusion reached by an individual concerning another individual or individuals or group of persons without the benefit of properly acquainting oneself with wholesome knowledge about the particular individual(s) or group of persons. Stereotyping arises out of an individual’s strong attachment to his or her in-group – the social group, for example family, or close friends towards whom an individual feels the highest attachment. An individual’s in-group makes the person feel secure and satisfies the individual’s need for belonging. An out-group on the other hand is a social group towards which an individual feels a sense of dislike and the individual views the group with contempt. Therefore, stereotypes serve to reinforce an individual’s unqualified opinion of another individual or group. Another concept that is significant in the understanding of stereotypes is the concept of illusionary correlation. This is the instance of an individual seeing a certain relationship between sets of information or groups even

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Smoking Ban

Smoking Ban 
The debate concerning the consequences of smoking tobacco to those who choose to not smoke or, who are too young to smoke legally is ongoing. Evidence shows that the long term dangers of exposure to tobacco can be more dangerous for non-smokers than those who choose to smoke cigarettes. In response to the current knowledge concerning hazards to both smokers and those non-smokers who are in the same location as smokers, health professionals and the public have demanded that laws protect the community. Therefore, governments have banned cigarette smoking in public places such as shopping centers, schools and hospitals. Also, most businesses have allocated an area for cigarette smoking to ensure that those who are adversely affected to the by-products of smoking are not exposed to tobacco. Smokers feel discriminated against by these laws believing they are now branded as social outcasts and that others cannot make laws that prohibit smoking in private cars and homes. However, non-smokers and health professionals continue to call for even tighter restrictions to ensure the entire community especially children, are safe. This essay will argue that there are valid scientific reasons for the restrictions and limitations placed on cigarette smoking. When the health of those who have medical conditions is aggravated by tobacco smoking or when children are adversely affected, smoking must be banned.
.