These essays, with one exception originally published in Philosophy & Public Affairs, consider the moral problems associated with improving the social and economic position of disadvantaged groups. If the situation of women and minorities improves so that their opportunities are equal to those of more favored groups, will they then be in a competitive position conducive to equal achievement? If not, can preferential hiring or preferential admission to educational institutions be justified? The contributors explore the complexities of this problem from several points of view. The discussions in Part I are more theoretical and concentrate on the application to this case of general considerations from ethical theory. The discussions in Part II also take up theoretical questions, but they start from specific problems about the constitutionality and the effectiveness of certain methods of achieving equality and counteracting discrimination. The two groups of essays demonstrate admirably the close connection between moral philosophy and questions of law and policy. The issues discussed include compensation, liability, victimization, the significance of group membership, the intrinsic importance of racial, sexual, or meritocratic criteria, and the overall effects of preferential policies.
West Virginia lawyer, Jack Fabian, is a battle-hardened, hard-drinking personal injury trial lawyer concentrating his practice in medical malpractice plaintiffs cases. Fabian, who has developed a penchant for big spending, expensive airplanes, top-shelf booze, and luxury vacations finds himself in 2005, feeling the adverse effects of the recently enacted repressive medical malpractice tort reform law in his state that has dulled his enthusiasm for the practice in general and plaintiffs malpractice law in particular. Through a series of unforeseen circumstances, Fabian reluctantly finds himself teamed up with former adversary, Benjamin Darnell, a recently deposed partner in a large insurance defense law firm and becomes embroiled in a case against a young neurosurgeon who, the two contend, botched his first surgery since completing training. Preferential Treatment is a story of two former foes pitted against the litigation sections chairman of Darnells old firm and his young associate in a case that could make or break each of their small practices. The book gives the reader a birds-eye view of the rough and tumble of the practice of law in a dying West Virginia town and the risks few lawyers dare to takethe difficult, time-consuming, and expensive practice of medical malpractice litigation.
Author: Samuel Herzfeld
Publisher: GRIN Verlag
Release Date: 2012-07-25
Genre: Political Science
Seminar paper from the year 2011 in the subject Business economics - Economic Policy, grade: 16,00/20,00, Solvay Brussels School of Economics and Management, course: Topics in Economic Integration, language: English, abstract: The paper discusses the evolution and current state of the effects on trade flows of EU preferential treatment, of which the widest setting has been the Generalised System of Preferences. The main concern of our study has been to do research on the topic, before deepening our curiosity on two core articles of the literature. By comparing Persson and Wilhelmsson analysis with Aiello and Demaria’s, and examining them in contrast with other writings, we could determine the primary interests we need to take into account in order to assess, as accurately as possible, the impact of these trade agreements. In this manner, we explained why we retained the gravity model as the most reliable statistical model in our efforts of settling the most precise method of measurement, which has been besides a very commonly used one in the literature. We also considered taking into consideration the key difficult points encountered when trying to reach our objectives, such as, on the one hand, avoiding omitting major factors of trade enhancement (i.e. distance or language) or on the other hand, excluding countries that would distort our conclusions due to their own composition (i.e. former USSR satellites). Our paper is innovative insofar as it offers a thorough investigation of the written work on the subject, which, by comparing models, contrasting figures and confronting viewpoints, brings us closer to the truth.
Author: Henry Tatter
Publisher: Tatter Dissertations
Release Date: 1979
Genre: Homestead law
The author provides a comprehensive outline of the legal rights of the frontier settler in the acquisition of the fee simple title to a limited quantity of unappropriated vacant land during the period up to 1841 in the United States. These rights were the basis for future mineral laws and the Homestead Act.
Essay from the year 1997 in the subject Law - European and International Law, Intellectual Properties, grade: 75/100 P., Lancaster University (Law Deartment), course: LLM 208: European Union Law, language: English, abstract: The European Court of Justice has recently decided in its Kalanke case that national positive action measure giving priorities to a woman for a higher post in the public employment sector is contrary to the scope of Art. 2(4) of the Equal Treatment Directive (76/207/EEC). The case concerns a request for a preliminary ruling by the Federal Labour Court on whether preferential treatment of women, in the case of under-representation laid down in the Bremen provisions, is lawful pursuant to Articles 2 (1) and 2 (4) of Directive concerned. In this essay, I will focus firstly on the facts of the Kalanke case (section I.), before I further explore the main opinions and arguments developed by the Advocate-General Tesauro and the European Court of Justice (section II.). Furthermore, I will analyse in depth the legal arguments given by the Advocate-General to establish my critique of his approach (section III.). Finally, I will present some concluding remarks.
Author: J. Fred Reynolds
Release Date: 2000-07-01
A collection of nine original stories set in small town Oklahoma from the 1960’s through the 1990’s that explore the often-amusing and often-poignant morals and manners of little-town life in America. Fred Reynolds is Professor of English at The City College of The City University of New York, and Executive Director of The Larry McMurtry Center for the Arts and Humanities at Midwestern State University in Wichita Falls, Texas. He was born and raised in greater metropolitan Comanche, Oklahoma, population 2083, right turn on red after stop.