The Threaded Discussions are like mini-classroom presentations. Each week a question will be presented for your consideration. You must submit your first post by Thursday; posts two and three must be posted by Sunday. All three posts must be on three separate days, and must be supported by a reference (i.e. a citation to your source). Your posts should be very formal, with proper use of citations, grammar, and spelling. Casual conversations should be limited to the Open Bar.
This is the CRITERIA that your posts will be graded on:
- The depth of understanding you display
- The accuracy of your cites (citations are mandatory)
- Your writing skills (grammar / spelling)
- Proper word count (between 150 – 250 words ONLY)
- The quality of your interaction with other students in the discussion
Week 3 Law Talk Topic: At Will, Yes or No?
This week we will be discussing the “at-will” doctrine as it applies to the medical field. You should read Chapter 20 before proceeding with this assignment.
Mr. Con Fused has been an employee at Regional Hospital for the past five years. His employment there was recently terminated. The reason for the termination was: Inability to follow instructions. However, Regional has adopted an “at-will” policy. So in reality, no reason has to be given for the termination. Never the less, Mr. Fused was very upset at his termination….so upset, that he went to the media with his story.
Scenario for Post 1
You work for the human resources department at Regional. The hospital attorney is preparing for a news conference regarding the termination of Mr. Fused. In an effort to help the attorney, you draft justifications for an “at-will” termination of a hospital employee. What are your reasons for supporting this policy? Your job is to convince the public that this is a necessary and useful policy.
Scenario for Post 2
Now you work for a public advocacy group that has decided to help Mr. Fused. You hold a news conference in response to the hospital’s news conference. What flaws do you find in the hospital’s position? Why is “at-will” wrong for the medical industry? Be sure to read through posts of your fellow students, then select the “hospital” post that interests you the most.
Scenario for Post 3
Now you choose. Read the posts submitted by the class. Which side seems more logical to you? Should the medical industry abide by an “at-will” doctrine? Why / why not? Be sure to cite to a fellow student’s post.
Here is an example of a post that meets criteria:
Roe v Wade was decided in 1973. The Supreme Court at that time determined that a woman had a right to choose. One of the “underpinning” issues of Roe is a right to privacy. The right to privacy is addressed in the 1st, 4th, 5th, 9th, 13th and 14th Amendments.
The Supreme Court has reaffirmed Roe v Wade 38 times (1). In 1992, Casey v Planned Parenthood,14 F.3d 848, the Court ruled 5-4 to uphold the core of Roe v. Wade, the right to privacy. In this case, the Supreme Court stated, “the ability of women to participate equally in economics and social life of the Nation has been facilitated by their ability to control their reproductive lives and that this ability to control their reproductive lives was enough of a reliance to sustain Roe.”(2). This conclusion by the court specifically affirmed the doctrine stare decisis as it applies to Roe v Wade.(3)
In my opinion the original ruling in 1973, 38 reaffirmations, the 1992 affirmation of Roe v. Wade doctrine of Stare Decisis , the rights to privacy as indicated above, along with the fact that this law has become a law that has come “to be relied on”(4), makes it obvious that this is “settled law”. However, Judge Alito’s refusal to commit to one side or the other, has enabled him to avoid hanging himself with either the pro-life or the pro-choice side. In my opinion, Judge Alito is not correct in his refusal to acknowledge Roe v Wade as settled law.
Word Count: 204
Please complete the following REVIEW QUESTIONS from your textbook. You do not have to write out the questions. However, your answers should be in complete sentences. All Chapters should be submitted in ONE DOCUMENT and in MS WORD FORMAT.
- Chapter 19 Review Questions
- Chapter 20 Review Questions
- Chapter 21 Review Questions
- Chapter 22 Review Questions
This is your local bar (either coffee or sports….the choice is yours). Here, you will discuss the material covered this week. Consider this assignment as a weekly study session with your friends from school.
I will only pop in from time to time, but will not participate in your discussions. This is your time to bond with classmates and to discuss the material among yourselves.
By the time this assignment is complete, you will have an outline by which to study from for your exams. All exam questions are covered by the review topics.
As you review this week’s topics, be sure to relax, enjoy your beverage of choice, have fun, and get to know your fellow students.
This is your assignment…..
1.Choose two topics from this week’s review (posted below).
2.Answer ONE review topic PER post
You will need TWO posts, so you will outline TWO review topics in total.
3.Start each post with the topic number that you are answering. For example: Topic 1. This will help students readily identify which topics remain unanswered.
4.Each post must be a minimum of 100 words.
5.In your posts, be sure to cite the textbook page number where you found the information.
6.Try to have both posts submitted by Thursday of this week (this way you will have time to make outlines for the exams).
7.Do not outline a topic that has already been explained by a fellow student.
8.If all of the topics have been explained, pick a topic that you feel needs further explanation. Add more information on that topic by way of outside research, examples, and more detail.
9.You will not get credit for repeating information that has already been stated in another post. You want to complete this assignment early. That way, you are not restricted by what other students have already discussed.
10.Points will be deducted for poor grammar, spelling, failing to cite accurately, and failing to meet the word count.
The goal of this assignment…..
Your goal is to create an outline for your exams. Take the material that is posted in the Open Bar, organize it, and you will have a complete review for the exams. The Open Bar from weeks 1 and 2 will prepare you for the midterm; the Open Bar from weeks 3 and 4 will prepare you for the final exam and post test.
This assignment is not as formal as Law Talk, so feel free to engage in casual conversation. You can discuss your job, your hobbies, your family, or anything at all that seems interesting (but please keep it at a PG rating).
- When submitting a casual post, be sure to start it with the title:
- CASUAL POST (instead of a topic review number).
- This way, students can select your post if they just want to socialize, or select the review posts if they want to study.
Casual posts do NOT count towards your grade.
Review Topics for Week 4
- How does the HCQIA help in peer review; what was Congress’ intent in passing that law?
- What are the exceptions to the “employment at will doctrine”?
- Refer to Ch. 20 review for a summary of those exceptions.
- What is the purpose of the Rehabilitation Act of 1973?
- What do most medical professional liability insurance policies cover?
- Refer to the Chapter Review for a summary.
- What are the different parts of a standard liability insurance policy?
- What is self-insurance?What does the NLRA have jurisdiction over?
- What are the grounds upon which an employer (based in “at-will” state) CANNOT terminate employment?
- How can exposure to liability be reduced?
- According to federal regulations, how long must HMOs hold open enrollment for?
- What did the following cases hold:
- St. Paul Insurance Co. v. Talladega Nursing Home