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Equal Justice under Law, 2008.
This paper discusses law and justice in the US, focusing on the US Supreme Court.
1,700 words (approx. 6.8 pages), 7 sources, MLA, $ 55.95
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Abstract
In this article, the writer explores the origins and history of the Supreme Court of the United States. The writer traces the early role of the court in the course of the development of the country. The writer notes that the Court is not without controversy, and decisions made have come to be symbolic of the wrongs of society, and the correction of these mistakes demonstrates the ability of the court to adapt and lead modern thinking. Finally the requirements of how a case is brought before the Court are discussed.
From the Paper
"In the constitutional scheme developed nearly two hundred and thirty years ago, the judiciary was established as one of the three co-equal branches of the federal government. Yet, Article III of the Constitution is surprisingly brief as to the establishment of the structure, duties and make up of a very powerful branch of the government. The court has been left largely to its own devices as how it conducts its affairs and what cases it chooses to hear, given the charge of original jurisdiction over a very few cases, the Supreme Court has become an institution equated with the preservation of civil liberties in our modern society. The history of the Supreme Court is the history of the United States and its struggle to maintain the Republic through a wide variety of challenges and crisis. A focus of political angst and a vestige of last hope for the oppressed members of society, whose imperfect judgment has stood the test of time, and corrected its past errors. With little Constitutional direction, this body has shaped modern society."
"The Supreme Court of the United States has jurisdiction over cases involving Ambassadors and other public ministers, cases of admiralty and maritime jurisdictions, controversies between two or more states, between the state and a citizen of another state and appellate jurisdiction over lower courts."
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Corporate Compliance on a Personal Level, 2008.
A look at the changes in corporate compliance laws.
898 words (approx. 3.6 pages), 4 sources, APA, $ 31.95
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Abstract
This paper explores the changes in corporate compliance brought about by the enactment of The Comprehensive Environmental Response, Compensation and Liability Act and the Sarbanes-Oxley Act of 2002. The paper relates that both of these comprehensive legislative initiatives were brought about by infamous events in American Corporate history, and were aimed at preventing such corporate transgressions in the future. They brought personal liability for the actions of the corporation to its directors, officers and management.
From the Paper
"The corporate veil was a thick impenetrable barrier that protected Officers, Directors, Management and shareholders from personal liability from the acts of the corporation. The immunity granted by the legislative progenitors of these modern day immortals are now chipping away at the corporate shield, and have created large holes where the long arms of personal liability can now reach. As with all things political, seminal events brought about these fundamental changes in corporate law. The pollution scandal of Love Canal brought about The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), among other provisions brought about criminal liability to Officers and Management for willful violations (Darragh, 1997, n.p.). The corporate financial scandals associated with the "Dot Bomb" era of the late 1990's resulted in the Sarbanes-Oxley Act of 2002, establishing personal liability to the corporate officers in the reporting of financial data to the Security and Exchange Commission (SEC) (Hein, Neimeth, Rosner & Watts, 2002, n.p.). The spectacular misdeeds of a very few in the corporate world brought about increase personal liability and risk to those that run corporations in America."
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Mala Prohibita, 2008.
A discussion on mala prohibita with reference to illegal dental practice.
1,574 words (approx. 6.3 pages), 9 sources, MLA, $ 51.95
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Abstract
This paper examines how mala prohibita refers to acts that are considered wrong because they are in direct violation of a statute, and they are wrong on their own and do not require a criminal or guilty mindset for the establishment of guilt. In particular, the paper looks at how the taking of dental impressions or a teeth cleaning conducted late at night in the absence of any supervision and outside the confines of a dental education is a violation of the Dental Practices Act and is a mala prohibita.
From the Paper
"Chapter 108 of the Dental Practices Act is entitled "Professional Conduct" and clearly and succinctly outlines exactly what is expected and required of dental professionals licensed by the State of Texas. The admonissions contained within this chapter are poignant, ". . .a licensed dentist shall conduct his practice on the highest plane of honesty, integrity, and fair dealing. . .in order to safeguard the dental health and welfare of the public. . ." (Professional Conduct 108-A-1). The preamble to Rule 108 is a stern warning and a introduction to an extensive list of prohibited activities that if violated place the entire profession, as well as those supervising dental students at extreme peril, and flirting with the disastrous ramifications of ethics violations and discipline by the Board of Governors."
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Sarbanes-Oxley (SOX) Act of 2002, 2008.
A critical review of Sarbanes-Oxley (SOX) Act of 2002 to assess its success.
1,960 words (approx. 7.8 pages), 4 sources, APA, $ 62.95
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Abstract
This paper outlines the events leading to the creation of the Sarbanes-Oxley (SOX) Act of 2002 and its major features. The author conducts this investigation within the contextual framework of well-known companies Symbol and WorldCom, which were publicly identified as companies that had compliance issues and faced serious failures in corporate governance. The paper also uses the CareNetWest situational analysis for a comparative analysis of risk management and other compliance issues related to the Symbol and WorldCom scenario. The paper concludes that SOX has been able to alleviate or at least deter poor financial reporting that either directly or indirectly had the objective to defraud individuals.
Table of Contents:
Introduction
Preceding the Sarbanes-Oxley Act - Symbol and WorldCom
Outcomes of the Compliance Issues with Symbol and WorldCom - Understanding Sox
Will the Act Be Successful - Avoiding another Symbol and WorldCom?
Comparative Analysis: Compliance Issues with CareNetWest, Symbol, and WorldCom
Conclusion
From the Paper
"WorldCom were the main companies that led to the severe need for SOX. WorldCom in 2002 was fined by the Securities Exchange Commission, after it was found that the company improperly booked $3.8 billion dollars over five years that made revenues looked better than what they were and was used to 'trick' shareholders and investors with a blatant misrepresentation of the company's finances. WorldCom's actions were unethical and purposefully did not account for true cost and expenses which severely overstated profits."
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Age Discrimination and Downsizing, 2008.
Looks at the connection between age discrimination and company downsizing.
2,350 words (approx. 9.4 pages), 9 sources, APA, $ 72.95
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Abstract
This paper explains that, when downsizing in order to cut costs is considered necessary by a company's management, older employees and managers tend to be targeted for termination of employment in far greater percentages than younger employees and managers. The paper then points out that proving there is a connection between downsizing and age discrimination can be difficult to achieve in a court of law. The paper also explains that age discrimination can be concealed by offering other justifications for terminating employment. Examples of age discrimination law cases are cited with the paper.
From the Paper
"It requires courage, but older workers have to stand up for themselves when they are discriminated against. The worst thing to do is to remain silent. Remaining silent just condones age discrimination and encourages employers to discriminate in the future against other older workers who deserve better than to be cast aside. Workers who believe they have lost their jobs because of age discrimination should get in touch with the nearest office of the Equal Employment Opportunity Commission within one-hundred and eighty days."
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The No Child Left Behind Act (NCLB), 2008.
An analysis of the impact on a local school of the No Child Left Behind Act.
971 words (approx. 3.9 pages), 3 sources, APA, $ 34.95
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Abstract
This paper discusses how the No Child Left Behind Act (NCLB) initially posed significant issues for local schools. The paper then presents an interview with a county office administrator, superintendent and principal at a local public school who relate the NCLB's impact on their functioning and education in general. Additionally, the paper highlights the leadership in the school system that served to motivate teachers and staff members. The paper discusses how schools still experiencing issues with NCLB would benefit from this school's approach to the issue.
From the Paper
"The No Child Left Behind Act (NCLB) was signed into law in 2001 and was intended to ensure that all children were in receipt of an appropriate education in the United States ("A Guide", 2005). By appropriate education, the government meant that all children, regardless of race or ethnic origin, socioeconomic status or locale would be capable of graduating from public school systems with the ability of progressing toward a positive existence in society. This law was passed at a time when it was evident that many high school graduates could not read or write and lacked the basic skills needed to compete within the adult workforce. Therefore, the president and congress believed that the only manner of addressing the issue was to create a law that would ensure that basic educational skills were being taught and learned. The manner of measuring success of these tasks has been through annual standardized testing that all schools must undergo in order to display their adherence to the law."
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Employment Law and Dismissals, 2008.
A case study analysis of five candidates for dismissal by FastServe and the employment law that relates to each case.
1,393 words (approx. 5.6 pages), 4 sources, MLA, $ 46.95
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Abstract
This paper outlines the major aspects of employment law that need to be considered by an organization. It bases its discussion primarily on a case analysis from a simulation based on the company, FastServe Incorporated. The simulation presents five candidates for dismissal and examines major areas of employment law and the legal implications surrounding dismissals.
Table of Contents:
Introduction
Regulatory Circumstances: Understanding Employment at Will & Collective Bargaining
The Agency Principle
Legal Risk and Business Risk
From the Paper
"In conclusion, as shown from the simulation, employment law and the auspices surrounding the issue are expansive. The legal issues in the workforce stem from hiring, interviewing, dismissals and all aspects of labor activities. Employment risk plays a major part within this overall area. As shown from the simulation, it coincides with all legal issues in the workforce and even outlines aspects of the principal-agent problem studied in economics. Nevertheless, its understanding is important to the sustainability of an organization as is clearly outlined for FastServe."
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Contract Law, 2008.
This paper examines the basic elements of legally binding contracts.
1,108 words (approx. 4.4 pages), 3 sources, APA, $ 38.95
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Abstract
The paper explains that contract law has been developed as part of common law and is used to define the necessary parts of the contract and analyze risk in the contract situation. The paper looks at the requirements of a valid and legally binding contract and lists the various types of contracts. The paper also presents an example of an individual making an offer to acquire a property. The paper then looks at the function of communicating and reporting as part of the process of management and risk. Finally, the paper discusses the reasonable person test that can be included as a clause in a contract to help decide potential disputes.
From the Paper
"There are certain elements required of a valid and legally binding contract. A contract is an agreement that involves an offer made and accepted. It is an agreement that is voluntarily created by persons with the capacity to contract. The objectives of the agreement must be legal, and usually the agreement must be supported by some consideration, or a bargained-for exchange of legal value. The law also requires written evidence of the existence of some agreements before they can be enforced, but there are other types of contract that may be valid without a written agreement."
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No Child Left Behind Act of 2001, 2008.
Looks at the leadership of Secretary of of Education Rod Paige during which the controversial No Child Left Behind Act (NCLB) of 2001 was passed and implemented.
895 words (approx. 3.6 pages), 4 sources, MLA, $ 31.95
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Abstract
This paper explains that the Secretary of the Department of Education (DOE) from 2001 through 2005, Rod Paige, is a controversial figure. The paper describes Secretary Paige's primary responsibility for the initial passage and implementation of the No Child Left Behind Act (NCLB), which has been the most sweeping educational reform legislation in a generation, intended to raise all schoolchildren in the United States to a uniform level of achievement by 2014. The paper then presents several important issues contributing to the failure of the DOE to fully come to terms with the complexities and enforced uniformities of NCLB. The paper concludes that Paige's own controversial stances and excessively strident political viewpoint may have reduced his potential effectiveness during his term.
From the Paper
"Paige went on to note that with over 15,000 individual school districts in the nation, with assessment and governance standards varying almost on a district-by-district level (and certainly on a state-by-state level), he made it a priority for his department to work closely with each state to institute appropriate assessment and accountability programs. He stated that this first goal was accomplished (in 2003) for all fifty states, in large part due to the cooperation of delegations from many states, which had been invited to meet with DOE leadership in Washington, D.C., to discuss their issues and concerns."
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Trade-mark and Patent Infringement Remedies, 2008.
Compares Canadian law and legal practices regarding trade mark and patent infringement remedies.
2,285 words (approx. 9.1 pages), 4 sources, MLA, $ 70.95
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Abstract
This paper explains that, while the legal debates over trade-mark and patent infringement remedies are analogous because both involve some infringement of intellectual properties, clear similarities and differences exist between these two areas of litigation. The author points out that a comparison and contrast of the remedies available in cases of trade-mark and patent infringement suggest that they often differ not so much in the general remedies themselves but in the particulars of their implementation. The paper argues that the belief that remedies are to be treated more as an afterthought than an independent area of study is no longer possible or desirable in the contemporary context.
Table of Contents:
Comparison and Contrast
Reflections
From the Paper
"These Anton Piller orders represent a significant difference between remedies for trade-mark and patent infringement as they reflect how the phenomenon of piracy has developed and evolved in recent years. In such examples, the piracy of intellectual property has no clear analogue in the area of patent infringement. The counterfeiting of products and the deliberate infringement upon trade-marks in order to pass a product off as the work of a previously existing company/organization with a registered trade-mark is a phenomenon of increasing concern today."
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Brown v. Board of Education (1954): Impact on USA, 2008.
An explanation of the "Brown v. Board of Education" case and its impact on American education.
1,963 words (approx. 7.9 pages), 8 sources, APA, $ 62.95
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Abstract
This paper discusses the case of Brown v. Board of Education (1954) that compelled school administrators and school districts to throw open their doors to African-American students after generations in which segregation had been the accepted norm in US education. This paper argues that "Brown v. Board of Education" was historic because it overturned the Supreme Court decisions of the past that had guided and legitimated segregationist education in America for decades.
From the Paper
"The case was significant, first and foremost, because it over-turned Supreme Court precedent. To be more precise, the Plessy v. Ferguson decision of 1896 had upheld the public policy of the state of Louisiana to segregate African-Americans. Particularly, the Court said that Louisiana was fully justified in having separate facilities for African-Americans and for whites as long as though facilities were "equal". In the Court's considered opinion, the Fourteenth Amendment - a constitutional amendment demanding equal protection under the law for all citizens and one that also impels states to treat equally all citizens under their respective jurisdictions - was not violated by the Louisiana policy of dividing black from white. As the High Court chose to interpret the matter, to the extent African-Americans and their sympathizers saw segregation as a sinister plot to suggest the racial inferiority of African-Americans, such a suggestion or intimation only existed because African-Americans chose to put that construction upon the situation. Of course, as it turned out, the High Court was rather profoundly mistaken."
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Terrorism and Conflict Theory, 2008.
This paper discusses terrorism as a subject of criminology and conflict theory.
2,064 words (approx. 8.3 pages), 10 sources, MLA, $ 65.95
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Abstract
In this article, the writer discusses that terrorism is a methodology that belongs to military science in a collection of techniques, but terrorism is included under the category of criminology in library cataloguing systems. The writer notes that terrorism can be well understood through the approaches of criminology, however, conflict theory seems best equipped to explain terrorist organizations and acts, depending upon circumstances, for reasons that are explained in the paper's later sections. The writer concludes that like well planned crimes, incidents of terrorism often do work, as a set of considerations to be kept in mind before denouncing crime or terrorism, or acts of terrorism as mere random crimes which they are not.
Outline:
Introduction
Classical Theory and Terrorism
The Consensus School and Terrorism
Conflict Theory and Terrorism
Conflict Theory, Sri Lanka and Tamil Terrorism
Concluding Remarks
From the Paper
" If one traces the rise of modernity from the Industrial Revolution, capitalist development and the ideas of the Enlightenment, one appreciates classical models of criminology to assert that deviance was a natural result. Since human beings are rational creatures, they should have and will demand rights and freedoms, eventually. The deviant person asserts his or her rational self-interest due to a particular form of 'free thought' and agency that we discuss as deviant and thus, criminal, because it departs from a society's legal framework and moral standards. This classical approach has replaced earlier ideas of the criminal as a person acting under supernatural influence, as in medieval ideas of the criminal as a person possessed by the devil. Instead, crime came to be seen as a rationally calculated action with the result that reducing crime meant deterrence, in approaches based on how the deviant could be dissuaded from committing a crime, its penalty helping a criminal to see that a planned crime was not rational or appealing because of its risks. Further thought moved from a concept of the punishment fitting the crime, proportional to the harm done to society, or a specific victim."
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Human Rights as an Internal Affair, 2008.
This paper argues that human rights are not an internal state affair and rejects that attempting to impose universal human rights is simply Western cultural imperialism.
1,260 words (approx. 5.0 pages), 4 sources, APA, $ 42.95
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Abstract
This essay argues that there are such things as universal human rights, and that when one state violates these, other states have a legitimate reason to raise appeal. The essay states that this can give rise to a tension between state autonomy and universal rights, however, it argues that this possibility must be endured, for the alternative is to allow people to be abused. Moreover, the paper asserts that there are practical steps that could be taken to encourage sovereign states to acknowledge universal human rights.
From the Paper
"The only difference between those who argued against suffrage in the West or against same-sex marriage in Canada, and those who today argue in favour of genital mutilation in Nigeria, is that the Western defenders of sexism and heterosexism claimed to speak for all of humanity, and for God, while the minorities claim only to speak for themselves, and sometimes for their own God - and of course, for "their women." The principle is the same - invoking culture, God, nature or tradition to justify oppression of women or other minorities, and in this way attempting to maintain the status quo. That argument was overcome in England and in Canada, and it should be overcome in non-Western nations too. Moreover, it is argued that if this poses some slight risk to the autonomy of some individual nations, then so be it. National autonomy should not extend to the point of giving ruling groups the right of torture, murder, mutilation or any other kind of violent abuse against individual human beings - not even if they are women or children!"
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American Terrorism: Reconstruction to the Present, 2008.
An analysis of the development of the Ku Klux Klan (KKK) and its evolution from the time of reconstruction to the present day.
1,699 words (approx. 6.8 pages), 6 sources, MLA, $ 55.95
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Abstract
This paper defines and describes acts of terrorism and hate crimes committed in the United States beginning with the evolution of the first Ku Klux Klan (KKK) organized after the Civil War (the era known as reconstruction). It discusses the people, geography and social forces which were instrumental in the formation of the first KKK, as well as subsequent reorganizations of the KKK. It then looks at the evolution of hate crimes in America and uses examples of organizations and activities of hate crime perpetrators as defined by legislative acts.
Table of Contents:
Abstract
American Terrorism
The First Ku Klux Klan
The New Ku Klux Klan of 1915
The Klan after World War II
Hate Crimes
Conclusion
From the Paper
"In 1990, the U.S. Congress passed a hate-crime bill that mandated the Federal Bureau of Investigation (FBI) to systematically collect information on hate-motivated crimes. Criminal justice decision makers consequently began to place central importance on attaching hate as a motivation for criminal acts. By establishing racial or religious hate as the component of an incident, the police were able to gain political impetus for expanding financial resources to law enforcement agencies, enabling them to enforce the laws directed at hate crimes (Maxwell, C., 1995)."
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Criminal Justice in Canada, 2008.
This paper discusses Section 718.2 (e) of the Criminal Code of Canada as a reflection of changing societal conditions.
1,706 words (approx. 6.8 pages), 2 sources, APA, $ 55.95
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Abstract
The essay examines the advantages and disadvantages of Section 718.2 (e) of the Criminal Code of Canada. Some critics view it as an adequate option for sentencing criminals whereas others believe it directs the Western legal system away from adequate reform. The paper concludes that the code reflects the liberal character of the Canadian justice system.
Outline:
Introduction
Section 718.2 (e): Point/Counterpoint
Conclusion
From the Paper
"The arguments for Section 718.2 (e) most closely resemble Canadian legislative ideals. The point that Section 718.2 (e) only offers judges the option of employing sanctions other than confinement upon sentencing is demonstrative of the liberality of choice that is part of the Canadian justice system. The argument that Section 718.2 (e) is part of a general effort to represent enlightenment and a real effort to address the problem of Aboriginal overrepresentation in correctional institutes is one which is also particularly relevant to Canadian legal thinking."
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Constitutional Government, 2008.
This paper discusses the balance of power in America's federal system of government.
2,441 words (approx. 9.8 pages), 3 sources, MLA, $ 74.95
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Abstract
The paper discusses how each of the three branches of the U.S. federal government have the responsibility to provide a constitutional check on the powers of the other two branches. The paper discusses the inevitable imperfections of constitutional government and refers to the present Bush administration and its flaws. The paper notes, however, that because of the constitutional authority enjoyed by the American people through elections, they have the ultimate authority to remove legislators and presidents from office should they choose to do so.
From the Paper
"The United States Constitution mandates that each of the three branches of the federal government exists in order to provide a constitutional check on the powers of the other two branches. Congress has express and implied powers, as does the chief executive and the judiciary, and these respective powers are intended to serve as checks and balances in order to prevent any one branch of government from abusing its power.
"Congress has the power to declare war, regulate interstate commerce, undertake public works, regulate foreign commerce, approve treaties, and approve the appointment of executive branch officials and American ambassadors to foreign countries. (Lowi and Ginsberg 95) The House of Representatives and the Senate both play a role in these activities, and also debate and pass legislation that is then sent to the president to sign into law or veto. (Lowi and Ginsberg 107)"
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Inhumane Prisons?, 2008.
An argument against the harsh conditions of supermax prisons.
2,404 words (approx. 9.6 pages), 5 sources, APA, $ 73.95
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Abstract
The paper reveals the incredibly harsh prison conditions that include extreme isolation, no privacy and a significant reduction in stimulation. The paper questions the ethical aspect of these facilities, whether the conditions of the supermax prison are justified and whether such environments encourage the inadequacies of prison guards and supervisors. The paper then claims that the United States is living with the lack of morals and value for human life that is prevalent in Third World Countries.
From the Paper
"In the 1990's there was a conservative push to build supermax prisons that would house the most dangerous criminals. These inmates would require extraordinary security and the location of their incarceration would be based on their behavior rather than their crime. Two supermax prisons were constructed in Virginia. These identical prisons housed 1200 extremely dangerous inmates each. The supermax prisons represented a government that was tough on crime--during the 1990's parole is nearly abolished and prison sentences were made longer. Virginia is used here as an example of a national trend of isolating disruptive prisoners. There are actually thirty-six supermax prisons open currently in the United States (Lynd, 1996)."
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Legal Case: Trade Secrets, 2008.
Looks at a legal case regarding trade secrets, conflicts of interest,
and covenants not to compete.
1,130 words (approx. 4.5 pages), 13 sources, APA, $ 39.95
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Abstract
This paper explains that, as employees have access to trade secrets, they pose the threat of stealing the secrets when they leave the business. Thus, American law allows the employer to protect his interests through the somewhat limited enforceability of covenants not to compete. The paper then points out that, while these covenants have been used for many years, new issues have emerged as the economy has become more flexible with employees frequently changing jobs and with businesses being sold to successor companies. The paper goes on to analyze the test case of "Riamonde v. Van Vlerah" (1975) whereby the Ohio courts uphold covenants to not compete thus protecting trade secrets. The paper includes references to several other cases as well.
From the Paper
"In trying to balance the reasonable rights of the employer to protect trade secrets and the right of the employee to work, Ohio courts seem most inclined toward what might be called the "Express Consent" approach. A successor employer can enforce a non-compete agreement only if it meets three requirements. First, the employer must show that employees expressly consented not to compete against the successor employer. This could be shown by either of two means: (1) the non-compete provision must state that the covenant is an asset of the predecessor employer, and must state that it can be transferred to the employer's successors and assigns."
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Privacy and Surveillance, 2008.
This paper looks at the issue of privacy and surveillance and discusses where and how we should draw the line between them.
2,505 words (approx. 10.0 pages), 4 sources, MLA, $ 76.95
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Abstract
In this essay, the writer argues that privacy is very important in a liberal, democratic state and that it should be extended to the fullest practicable extent. At the same time, the writer also maintains that privacy concerns have to be balanced against the understandable need to protect others in society - this is especially true in a day and age of global terrorism. As a result of all this, the writer proposes that one should draw the line on surveillance in the following way: In the public space one should permit video surveillance, visual surveillance, and intermittent "checks" on employees just as long as the surveillance adheres to the standard of reasonableness articulated by the United States Supreme Court in "O'Connor v. Ortega". Turning to the private sphere, the writer holds that the much tougher standard of probable cause should be employed when it comes to watching and/or searching a citizen's private dwelling. A significant component of this paper is also set aside to looking at different types of surveillance approaches or activities and when and where each one is defensible - and when and where each one is not. The writer concludes that society does itself a grave injury by not ensuring that the prying eyes of the government cannot intrude into the inner sanctum of our lives.
From the Paper
"For one thing, the more traditional Fourth Amendment warrant and probable-cause requirements - requirements that permitted law enforcement searches of the personal possessions of private citizens - should really only apply in instances where a private dwelling is being searched or a personal vehicle is being searched; in cases where it is a desk or file or locker at a place of business, "reasonableness" alone is sufficient because the smooth operation of the workplace demands that investigations be launched periodically when an employee's performance or conduct is damaging to the organization. Additionally, when people enter someone else's private dwelling, they usually do so because they have been invited into that dwelling; to simply invite oneself in is, of course, tantamount to criminal trespass. Conversely, when people enter a public space to work, they are not doing so of their own volition but because they have a contractual obligation to do so; in other words, if they decline to appear (enter into that public space) for work without a legitimate reason (such as illness) or without proper notification, they run the risk of being ejected from their position. Because other people have to be present, a safety issue inevitably comes into play in public spaces - one that demands reasonable precautions be undertaken by management to protect others from possible harm."
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