Legal Case Study: Jay And Leigh Carlos

The effectiveness of domestic courts was used as a benchmark for which to compare the effectiveness of the international system for protecting human rights. The domestic court system was always the stronger institution. This lies in its legitimacy and authority, without which the court's rulings would have no chance at being enforced. This aspect of the domestic court system in the U.S., also allows courts not only to hand down punitive sentences, but also to strike down laws (a power not enumerated in the Constitution of the U.S.).

Being in a health and social care setting means that there are many opportunities to be exposed to infection. For example MRA (Methicillin-resistant staphylococcus aureus) and hazardous

“Employees or their representatives have a right to request an inspection of a workplace if they believe there is a violation of a safety or health standard, or if there is any danger that threatens physical harm, or if an "imminent danger" exists. In addition, anyone who knows about a

Judge Gloria M. Navarro sentenced a 53 year old blind man in a wheelchair to 68 years in Federal prison for supporting the ranchers in Nevada in their standoff against the Bureau of Land Management's illegal and unconstitutional seizure and sale of public land "to a Communist Chinese energy firm represented by Rory Reid (Harry Reid's son), EMM, for $4.5 million, $34.1 million less than its value, and began rounding up the the Bundy’s cattle and holding them in inhumane conditions … at least 60 purportedly suffering death or missing." Judge Gloria M. Navarro of the U.S. District Court for the District of Nevada saw it fit to knock off 10 years due to his failing health, or else he would have been sentenced 78 years.

Although the law can be challenged in some cases, there are still others that successfully support the law. In the case Luis v. United States, Sila Luis was indicted in the state of Florida on Medicare defrauding charges in the amount of $40 million dollars. This case came before the Supreme Court because the prosecutors of this case obtained a pretrial ordering to freeze her assets, “tainted” and legitimate (Root, 2016). They felt even the legitimate assets Luis had could be traced back to the crime at hand, and amounted to an estimated $15 million that could not be connected to any alleged activities (Root, 2016).

East Hampshire Homes was a for-profit institution for a mentally retarded individual established by Jay and his wife, Leigh, a registered nurse. Leigh was the head of the mental homes and thus, was in charge of overseeing regulatory requirements as stipulated by the local, state and federal health welfare regulations. Leigh only identified Hepatitis B and blood-borne as the likely factors that East Hampshire Homes and nearby society may be exposed to, although the rate of exposure according to her was not at a risk state. Federal Occupation regulations mandated Leigh to develop a compliance policy that could safeguard the employees. On the other hand, OSHA authorized Leigh a discretion of developing a framework for classifying the tasks that

As an opportunity arose in a niche market of the medical field, Jay and Leigh Carlos invested time in learning and invested money in opening a facility geared towards the care for the mentally retarded. After several years of operating, the Carloses expanded their business to two care homes with a proposed third site in view all under their East Hampshire Homes. These homes were not listed as skilled nursing facilities. Leigh Carlos, a nurse, ran the medical side ensuring the homes were up to par with health and safety codes and compliance with state laws. After studying the federal regulations and knowing the amount of risk for exposure to employees and patients, Leigh established a compliance policy. Due to the type of facility and employees

In the case of East Hampshire Homes Jay is faced with balancing state and federal and since the state doesn’t have a issue with their current policy they must strive to be compliant with the federal regulations. To resolve the issues at East Hampshire Homes Jay needs to work with OSHA and not against them. OSHA has a program called VPP the Voluntary Protection Program that started in 1982 (Rakes, 1998). The VPP program requires organizations and the employees to voluntarily work with OSHA to comply with OSHA standards. Once the organization complies with the standards then they have a VPP certification by OSHA. This certifications keeps them from being routinely visited for three years unless there is a major issue. There are a few major benefits associated with VPP certification such as employee morale, decrease risk of employee accidents, and improves relations with OSHA. There is also another great benefit of VPP and that is having a cooperative relationship gives the organization a voice in health and safety matters within their particular industry (Rakes, 1998). So even though they need to comply now they may have a chance to change the policies in the

In an interview with PBS, A.C. Thompson discusses his findings when he investigated a prestigious living facility with high ratings: “There was a pattern of problems that spanned the country. And what we kept seeing were allegations and citations for a lack of staffing, not enough workers, a lack of training, workers who weren’t trained enough, medication errors, people getting the wrong drugs over and over again. These were the kind of things that we saw, and these were the things that worried us about the industry as it evolves.” This description of his findings are very consistent with experiences I have personally witnessed. Like my mother, Thompson talks poorly trained staff and the miniscule amount of staff. These factors are what allow for such poor care in these facilities that happen around the country.

BACKGROUND: Petitioner Dennys Rodriguez (“Rodriguez”) was stopped by Officer Struble, around midnight, for driving on the shoulder thereby violating a Nebraska statute. Officer Struble issued Rodriguez a warning for the violation. He then asked Rodriguez for consent to a dog sniff around the car, Rodriguez refused, and Officer Struble ordered him out of the car, to facilitate the dog sniff. Rodriguez waited for a backup officer to arrive and the dog sniff was conducted within minutes. The dog alerted Officer Struble to drugs in the car after the second pass. A search ensued revealing a “bag of methamphetamine.”

From the offices of Jarbath Pena Law Group in Coral Gables, Florida, Melisa Pena assists clients in matters related to immigration law, civil litigation and family law. Most of her clients are from Broward and Miami-Dade counties, including the cities of Miami, Kendal and Dania Beach. In the area of family law, representative cases include divorce, child support and modifications, prenuptial agreements, alimony and modifications, adoptions and postnuptial agreements. Typical matters related to immigration law include removal proceedings, employment-based petitions, temporary protective status applications, adjustment of status petitions and bond hearings.

I am currently reviewing the court order for the Garcia v. Tejada family, while Dr. Aronson is on vacation. The Court Order states that Dr. Aronson is to first meet with both parents together. This is not our normal procedure for a forensic evaluation and I would like to be able to explain to Dr. Aronson the reasoning that the parent have to meet together upon his return from

On July 4th 2010, David and Brian, both residents of the same cooperative building on the Upper West Side of Manhattan in New York City decided to watch the Macy's annual fireworks display from the 45th floor roof of their building. To access the roof, they quietly ascended the last flight of stairs, ducking under a chain with a warning sign not to do so. The warning sign read as follows:

The question that I am trying to answer is an ethical dilemma and it’s about whether or not Shanna tells the job supervisor about Jen’s past trouble with the law. This question is important because it could affect whether or not Jen gets the job, but also it could affect their friendship. The facts that are present in this case are that Shanna and Jen have been best friends for 3 years, they have relied on one another for help and advice in every aspect of their lives, both girls are excellent students, and Jen has only got in trouble with the law once and since then there has been no further issues. There are several people involved in this case and those people are Jen, Shanna, the job supervisor, and the college itself. Jen interest in

As I entered the worksite, I was greeted by Sharon Sweeting. She and I spoke about the upcoming reflection for the participant Quadeer Jackman. I also let her know that the evaluations are due in a few weeks for the participant. After we finished, I began my assessment to see if there were any hazards that would pose a health risk to the participant placed at this site. As I walked around the house I noticed that it had one bathroom in the first floor and a few in the upstairs; all of which were clean and organized. The kitchen had windows and an entrance to the basement. The kitchen was clean and hazard free. The participant mostly works in the first floor, the space which he works seems clean and does not appear to have any hazards. There