THE AGE DISCRIMINATION

 THE AGE DISCRIMINATION

WHAT IS THE AGE DISCRIMINATION?

Age discrimination can take many forms. It can include an employer refusing to hire older workers in the first place, or firing employees once they reach a certain age. It involves treating an applicant or employee less favorably because of their age. The Age Discrimination in Employment Act (ADEA) prohibits age discrimination against people who are age 40 or older but does not include workers under the age of 40. However, it is not illegal for an employer to favor an older worker over a younger one, even if both workers are age 40 or older. Discrimination may also occur when the victim and the person who inflicted the discrimination are both over 40. The law prohibits discrimination in any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, benefits, and any other term or condition of employment(U.S. Equal Employment Opportunity Commission, Age discrimination). 

COVERAGE OF THE ACT

Depending on the type of employer and the kind of discrimination alleged, the coverage requirements for private employers, the States and local governments, the Federal government agencies, employment agencies, and the Labor unions or Joint Apprenticeship Committees. If an employer is included in the list of the required number of employees, the employee, the job applicant, the former employee, the applicant, and the participant in a training or apprenticeship program are protected by the anti-discrimination laws. Moreover, American workers employed by U.S. companies overseas are also protected by the anti-discrimination laws.

APPROPRIATE SITUATION TO DISCRIMINATE BASED ON AGE

Is it ever appropriate to discriminate based on age? Yes, sometimes, many hiring decisions are based on age. But, it depends on the circumstances and it has to be very careful and fair. These circumstances must be based on reasonable factors. Normally, employers are not allowed to purely consider an applicant's age when making hiring decisions. However, there are limited exceptions to this rule. For instance, a film Company may decide to hire an aged man to play Ichirō Yashida in The Wolverine or a young lady to play Beth Harmon in The Queen's Gambit. Some age discrimination was even in the federal regulations. An airline company cannot hire a 65-year-old applicant for a commercial passenger pilot job simply because the U.S. Federal Aviation Administration imposes a mandatory retirement age of 65 for these positions.

INAPPROPRIATE SITUATION TO DISCRIMINATE BASED ON AGE

Federal law does not prohibit employers from asking an applicant's age or date of birth. However, employers should ensure that they ask about age only for a lawful purpose. As we know that, in general, companies can not consider an applicant's age when making hiring decisions. Most employers often assume that an older candidate is less healthy than a younger candidate, believing older workers are less healthy in general or even less productive and less innovative. However, it is just a bias and discrimination. For instance, is a CEO like Elon Musk less productive and less innovative than young people because he is over 50? The answer is absolutely not. Suppose you are in your 40s and try to work for STARBUCKS as a barista, can STARBUCKS refuse to hire you purely based on your age? No. However, the interviewer may require you to pass a test associated with the position that can be difficult for you to legally and implicitly deny your claim.

OLDER PEOPLE ARE PROTECTED AS A CLASS? 

Race and color were the earliest protected classes, according to The Civil Rights Act of 1866, Section 1981 of the Act barred discrimination in the making of contracts on the basis of race and color, which is understood to include employment contracts. So, when does a person fall into a protected class that the law recognizes? Under federal law, employers cannot discriminate on the basis of race, color, national origin, religion, sex, age, or disability. Therefore, employers may consider membership in a protected class when making employment decisions if there is a business necessity for doing so, or if membership in a protected class is a bona fide occupational qualification. Under the law, the protected class for age is people aged 40 and older, not "older people". 

HOW THE LAWS PROTECTING OLDER PEOPLE FROM DISCRIMINATION WORK? 

In the face of rising productivity and affluence, older workers find themselves disadvantaged in their efforts to retain employment, and especially to regain employment when displaced from jobs. Moreover, the setting of arbitrary age limits regardless of potential for job performance has become a common practice, and certain otherwise desirable practices may work to the disadvantage of older persons(U.S. Equal Employment Opportunity Commission, Age discrimination). The purpose of such Acts is to promote employment of older persons based on their ability rather than age and to prohibit arbitrary age discrimination in employment. It also helps employers and workers find ways of meeting problems arising from the impact of age on employment. 

In the employer practices, it is unlawful for an employer to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual concerning his compensation, terms, conditions, or privileges of employment, because of age. To limit, segregate, or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's age are also prohibited.

In the labor organization practices, it is unlawful for a labor organization to exclude its membership, or otherwise to discriminate against, any individual because of his age. And, to limit, segregate, or classify its membership, or refuse to hire any individual and tend to deprive any individual of employ­ment opportunities because of such individual's age are all prohibited. In addition, attempt to cause an employer to discriminate against an individual in violation of this section is also an unlawful practice. Employment agencies to cause to be printed or published, any notice or advertisement relating to employment by such an employer or membership in or any referral for employment by such a labor organi­zation based on age are strictly prohibited.

Additionally, it is also unlawful for any employment agency or labor organization to take any action otherwise prohibited where age is a bona fide occupational qualification reasonably necessary to the normal operation of the par­ticu­lar business. Such practices involve an employee in a workplace in a foreign country, and compliance with such subsections would cause such employer, or a corporation controlled by such employer, to violate the laws of the country in which such workplace is located and permit the involuntary retirement of any individual specified by the age.

In the practices of foreign corporations controlled by American employers, employee pension benefit plans, distribution of benefits after attainment of normal retirement age, it shall be unlawful for an employer, an employment agency to establish or maintain an employee pension benefit plan which requires or permits in the case of a defined benefit plan, the cessation of an employee's benefit accrual, or the reduction of the rate of an employee's benefit accrual, because of age.

In the case of any employee who, as of the end of any plan year under a defined benefit plan, has attained normal retirement age under such plan if distribution of benefits under such plan with respect to such employee has commenced as of the end of such plan year, then any requirement of this subsection for continued accrual of benefits under such plan associate with such employee during such plan year shall be treated as satisfied to the extent of the actuarial equivalent of in-service distribution of benefits.

Finally, whoever shall forcibly resist, oppose, impede, intimidate or interfere with a duly authorized representative of the Equal Employment Opportunity Commission while it is engaged in the performance of duties under this chapter shall be punished by a fine of not more than $500 or by imprisonment for not more than one year, or by both: Provided, however, That no person shall be imprisoned under this section except when there has been a prior conviction hereunder. In the case of an alleged unlawful practice occurring in a State which has a law banning discrimination in employment because of age and establishing or authorizing a State authority to grant or seek relief from such discriminatory practice, no suit may be brought before the expiration of sixty days after proceedings have been commenced under the State law, unless such proceedings have been earlier terminated. If any requirement for the commencement of such proceedings is imposed by a State authority other than a requirement of the filing of a written and signed statement of the facts upon which the proceeding is based.

REFERENCE

U.S. Equal Employment Opportunity Commission (Ed.). (n.d.). Age discrimination. U.S. Equal Employment Opportunity Commission. Retrieved December 18, 2021, from https://www.eeoc.gov/age-discrimination 

U.S. Equal Employment Opportunity Commission (Ed.). (n.d.). Hiring decisions based on age. U.S. Equal Employment Opportunity Commission. Retrieved December 18, 2021, from https://www.eeoc.gov/employers/small-business/hiring-decisions-based-age 

U.S. Equal Employment Opportunity Commission. (n.d.). Coverage. U.S. Equal Employment Opportunity Commission. Retrieved December 18, 2021, from https://www.eeoc.gov/employers/coverage-0 

U.S. Equal Employment Opportunity Commission. (n.d.). The age discrimination in employment act of 1967. U.S. Equal Employment Opportunity Commission. Retrieved December 18, 2021, from https://www.eeoc.gov/statutes/age-discrimination-employment-act-1967 

Patenting Oranisms

 INTRODUCTION

Nowadays, scientists have isolated genes that cause particular diseases and modified genes that alter organisms for particular reasons. The technology has been manipulated to allow scientists to alter DNA by adding to or changing targeted sections. By doing so, scientists hope to eliminate genetic diseases. The mention of gene editing may invoke up images of rampaging dinosaurs in the film, Jurassic World, but this image is far from the truth. The closest to the truth about the rampaging dinosaurs is watching the endless Jurassic Park franchise. In general, the predominating opinion is that it is almost impossible to patent a living being. This pre-conceived notion is often based on grounds such as the lack of novelty, how can you patent something that already exists in nature, or unsurprisingly, the ethical impediments. However, whether it is possible to patent a living being, depends on the type of living being and the territory in which protection is to be obtained. Putting the ethical quagmire of human gene editing to one side, the realities of animal gene editing through the CRISPR technology is debated in terms of de-extinction and conservation. On October 18, 2016, a biopharmaceutical company called CRISPR Therapeutics AG that focused on translating CRISPR/Cas9 gene-editing technology into transformative medicines, announced the pricing of its IPO. It is a type of technology based on the natural functioning of bacteria called Clustered Regularly Interspaced Short Palindromic Repeats, abbreviation as CRISPR. the CRISPR/Cas9 edits genes by precisely cutting DNA and then letting natural DNA repair processes to take over. The system consists of two parts: the Cas9 enzyme and a guide RNA. The technology applied in modified bacteria to defend against invading viruses by remembering the genetic codes of previous invaders. If attacked again, the remembered code allows the bacteria to target the viruses’ DNA and disable the virus. Ethically sensitive and scientifically thrilling, CRISPR technology is sparking international debates that aren’t likely to be readily resolved. Whether the answer is to bring back extinct species or focus on those currently under threat, scientists are delving into gene editing as a way of repairing a damaged world. 

The CRISPR PATENT DISPUTE

As we learned above, much has been written about the power of CRISPR, the genetic-editing system first elucidated in 2012. But there has also been extensive interest in the variety of intellectual property issues surrounding CRISPR. While the intellectual property disputes concerning CRISPR are far from over, new characters central to the dispute continue to materialize five years of hindsight has given some perspective on their ethical, legal, and social implications. Since the first U.S. patent applications were filed for an engineerable CRISPR system in 2012, the IP landscape has become significantly more crowded, with several researchers controlling a few significant battlements. 

However, most of the commentary on the CRISPR patents has been negative. But, aside from money, there are some significant social positives as well. Patents are not the only means of private governance to reign in ethically unruly technology. At their core, patents are rights to exclude others from practicing the claimed invention. The corollary to this axiom is that patents, therefore, allow their owners to dictate to the rest of the world how to use the inventors’ technology. Although the claimed technology raises ethical or social concerns, patent holders have the right to tell their technologies’ users to behave ethically and to provide access to downstream inventions. The patents, when used well, can function as a powerful form of private governance. Those scientists have proposed patenting the use of CRISPR-based gene drives to prevent others from using the technology without rigorous scientific and ethical controls. Rather than using patents to ethically restrict access to controversial technologies, patents can be used to ethically promote access to the same. That is, patent holders can demand licensees promise that they make their technology available to broad segments of society and on fair terms. And, patents could also be used to ensure research access to a variety of technologies. Patent holders can publicly commit to refuse to execute their patents against researchers or academic institutions. In addition, patent holders can also use open licensing systems to researchers interesting in developing and sharing the technology for the public good. 

One potentially inappropriate use of CRISPR is its use in gene drives, a daisy chain of genetic editing that essentially forces future generations to inherit and subsequently pass on only a single variant of a particular gene. The concern is that gene drives, because they are forcibly heritable, become difficult to control once put in place. If later research finds negative, unintended effects of the particular genetic variant driven through the population, it may be too late. The legal mechanics of enforcing patent protection in this manner leave some gaps that likely need to be addressed. Moreover, the overreliance on patents as vehicles promoting the ethical uses of technology may crowd out other equally effective and less restrictive forms of control. 

IN CONCLUSION

Despite claims that the CRISPR patent dispute is a unique event, there are some greater lessons to be learned about the ethical, legal, and social implications of intellectual property in research science. The CRISPR patent controversies teach us that patents, like kitchen knives, are simply tools, without a moral valence separate from their users. Patents, like the CRISPR patents, can be used in ways that impede further research, or they can be used to promote, if not demand, their ethical application. The patents themselves do not do these things. The outcomes depend entirely on who's wielding them. To that end, the CRISPR patent controversies should encourage researchers to think about how, and by whom, their inventions will ultimately be used.

CASE IN POINT - Diamond v. Chakrabarty, 447 U.S. 303 (1980)

Diamond v. Chakrabarty, 447 U.S. 303 (1980), was a United States Supreme Court case dealing with whether living organisms can be patented. Chief Justice Warren E. Burger held that human-made bacterium could be patented under the patent laws of the United States because such an invention constituted a kind of manufacture or composition of matter. However, other Justices argued that because Congress had not expressly authorized the patenting of biological organisms, the Court should not extend patent law to cover them. Diamond v. Chakrabarty was a significant legal case, particularly with respect to the patent laws and the biotechnology industry. 

The story began with a genetic engineer Ananda Mohan Chakrabarty who works for General Electric for developing a bacterium capable of breaking down crude oil, which he proposed to use in treating oil spills. General Electric filed a patent application for the bacterium in the United States, but it was rejected by a patent examiner. Because, under patent law at that time, living things were generally understood to not be a patentable subject matter. And, of course, they appealed.

The Congress intended for the patent laws to be given a broad scope that was not unlimited and laws of nature, physical phenomena, and abstract ideas were not patentable. However, the GE was not trying to patent a kind of natural phenomenon but rather a human-made bacterium he developed. But, the Supreme Court here held that Chakrabarty had not merely discovered the bacteria's existence, he created it by himself and adapted it to a particular purpose. 

To summarize the case, a live, human-made micro-organism is a patentable subject matter under the organism that constitutes a manufacture or composition of matter within that statute. While laws of nature, physical phenomena, and abstract ideas are not patentable, the respondent's claim is not to an unknown natural phenomenon, but to a nonnaturally occurring manufacture or composition of matter, a product of human ingenuity. Moreover, the passage of the 1930 Plant Patent Act, which afforded patent protection to certain asexually reproduced plants, and the 1970 Plant Variety Protection Act, which authorized protection for certain sexually reproduced plants but excluded bacteria from its protection does not evidence congressional understanding that the terms manufacture or composition of matter. The U.S. Supreme Court reads the term manufacture in 35 U.S.C.S. § 101 in accordance with its dictionary definition to mean the production of articles for use from raw or prepared materials by giving to these materials new forms, qualities, properties, or combinations, whether by hand-labor or by machinery. Eventually, the court found that the respondent had produced a new bacterium with markedly different characteristics from any found in nature and which had the potential for significant utility. The court held that the language of 35 U.S.C.S. § 101 embraced Chakrabarty's invention.

Reference

Academic.oup.com. (n.d.). Retrieved December 12, 2021, from https://academic.oup.com/jlb/article/4/3/565/4706243. 

Corral, M. (2021, July 7). Can living beings be patented? ABG IP. Retrieved December 12, 2021, from https://abg-ip.com/living-beings-patented/.

CRISPR therapeutics announces pricing of Initial Public Offering. CRISPR Therapeutics. (n.d.). Retrieved December 12, 2021, from http://ir.crisprtx.com/news-releases/news-release-details/crispr-therapeutics-announces-pricing-initial-public-offering/. 

Diamond v. Chakrabarty, 447 U.S. 303 (1980). Justia Law. (n.d.). Retrieved December 13, 2021, from https://supreme.justia.com/cases/federal/us/447/303/. 

Haven, A. (2019, June 24). Forget jurassic park – the realities of gene editing in the animal world. UX Connections. Retrieved December 12, 2021, from https://www.uxconnections.com/forget-jurassic-park-the-realities-of-gene-editing-in-the-animal-world/.

ScienceDaily. (2018, October 8). Genetic disease healed using genome editing. ScienceDaily. Retrieved December 12, 2021, from https://www.sciencedaily.com/releases/2018/10/181008183347.htm.   

How important is the protection of property rights to the effort to promote strong, prosperous businesses?

 How important is the protection of property rights to the effort to promote strong, prosperous businesses? 

Typically, property rights are defined as the ownership, an owner’s right to use a good or asset for consumption, income generation, the right to contract with other parties by renting, pledging, or mortgaging a good or asset, by allowing other parties to use it, or trades, the right to transfer property to others. And, trades facilitate business and economic development. Most economic theories indicate that stronger property rights should lead to a higher rate of investment and economic growth. 

So, how do property rights affect economic activity? Insecure property rights imply that individuals or business owners may fail to realize the returns of their investment and efforts, and it is also unproductive while everyone has to defend their own property all by themselves. Trade is also one of the crucial economic activities that require private assets to be used by those who can do so most productively and strong property rights facilitate trades. Finally, how we use and dispose our property is a right like freedom. If we lost the freedom of how we live our life, how do we get our dreams to come true?

To what extent should governments restrict property rights to protect other important rights?

Typically, when a government restricts some rights of its citizens, it must be for public benefit or at least reasonable. During the pandemic of COVID-19, governments around the world are all trying to prevent and block it. Some cities or states require people to get vaccinated before they back to work. Airlines require their customers to show their COVID-19 PCR test results before boarding. These regulations are great examples of restricting property rights to protect other important rights, which is the public benefit. Suppose that many business owners refuse to do those restrictions and keep doing their businesses without any preventing measures, the virus will outbreak briskly, and more highly transmissible variants will appear to spark concerns that vaccines may be less effective against them.

Reflection

At the end of this week's journal, I draw a picture that captures the relationship between business activities, individuals, and governments. I usually draw something to help me better a concept, a notion, or an idea. Although the picture does not include all the elements of the protection of property rights to the effort to promote strong, prosperous businesses, it described the basic interactions involved.

Reference

Reforming property rights and economic development. VOX, CEPR Policy Portal. (n.d.). Retrieved December 13, 2021, from https://voxeu.org/article/reforming-property-rights-and-economic-development. 

If you found a prototype of a revolutionary new mobile phone lying on a public bench, what would you have done with it?

 If you found a prototype of a revolutionary new mobile phone lying on a public bench, what would you have done with it? 

Personally, I don't care if it is a revolutionary new one or not, I am not going to hold it as mine since I do not own it since it was supposed to be unintentionally relinquished or set down for later retrieval. Most of the time, I may be struggling within my mind. Should I pick it up and hand it to a police officer or just ignore it? Because some of the good guys in Taiwan who pick it up and try to deliver it to the police, or relinquish it to its owner, may be treated impolitely when the owner returns to get it back. The real world is not like a video game where you can hit someone or monsters freely, pick up the coin and pieces of equipment they dropped, and take possession of it. 

What would be the consequences of your chosen action?

In this case, I don't know if the owner has abandoned the prototype and intends to relinquish ownership in it, or not. If he(or she) did intend to relinquish ownership, the prototype probably belongs to the new owner, probably me. However, if the prototype was simply mislaid, then the finder must relinquish it once the rightful owner demands its return. If I refuse to return the mislaid prototype to its rightful owner, the owner probably sue me for conversion, which is considered a tort. In addition to the consequences, I reckon if it is really a prototype of a revolutionary new mobile phone, the owner or the creator, must be very anxious after mislaid it. The creator's hard work will go down the drain and it is a bad news for all humankind. Most people probably say that, what does it even matter to me if it is not my property. The truth is, everyone can be the victim. Even though you did not innovate anything, you still don't want to be invaded, stolen, or robbed. However, I believe some prizes are valid for encouraging honorable behaviors based on reciprocity.

Does the value of a parcel of land come only from the profits it can generate? If not, what makes land valuable? Does it have an “inherent” value that has nothing to do with human profit?

To my knowledge, the value of a parcel of land does not only from the profit it can generate. First of all, we are essentially one of the terrestrial animals. We are not Aquaman who can live and breathe underwater. So, the land supports our lives, to provide a place to live such as building a house on the land, even though the land does not generate any profit at all. How would you measure that with money? Secondly, the treasury underground such as water, raw materials, or petro oil. The inherent value of land would also arise from an ecological, landscape, cultural, heritage, scientific attribute, or characteristic of a natural resource or historic place. Living in the desert or the arctic are two different experiences.

A Brief Stroy

In 1998, on Malleny Street, Sydney, Bill Gertos noticed a house that was in dilapidation while visiting a client, and he learned that the person who originally lived here had passed away for a while after inquiring. Gertos then spent about A$150,000 to repair the house and rent it out. In 2017, he filed to claim for the ownership of the house based on squatter's rights. The descendants of the original owner learned it from the police's announcement and were aware of the situation.

This house was actually owned by a man named Henry Thompson Downie in 1927. The Downie family moved to Ashfield, New South Wales during Second World War. With the coming conversion of the house, Downey’s descendants are of course very disgruntled, claiming that Gertos has not fulfilled his obligation of public notification and therefore has no right to claim for the ownership.

The Squatter's Rights, Adverse Possession

The so-called adverse possession refers to a possessor who continuously and publicly occupies the other party’s property without the original owner’s consent. If the rightful owner does not claim to be the owner of the real estate within a certain period, this possessor can legally obtain the ownership. However, strictly speaking, the initial behavior of the occupier is not legal and risky. Before enough time has passed, the rightful owner still possibly sue the occupant with trespass. Until the required time period has passed, the rights of the occupier will be protected. In New South Wales, Sydney, this period was at least 12 years. 

How is intellectual property a true form of property? 

Different from physical property, such as real estate, jewelry, or cars, intellectual property is intangible personal property. It is the rights that protect your right to utilize your original creation except for the idea itself. Some intellectual property rights last for a specific amount of time, while others can theoretically last forever. So, to summarize, intellectual property is movable, intangible, and personal property. In addition, another intangible personal property that is shot to fame recently is NFT. A non-fungible token (NFT) is a unique and non-interchangeable unit of data stored on a digital ledger (blockchain). NFTs can be associated with reproducible digital files such as photos, videos, and audio. In the simplest terms, NFTs transform digital works of art and other collectibles into one-of-a-kind, verifiable assets that are easy to trade on the blockchain.

Do you think it is appropriate for governments to protect intellectual property just like any other form of property? 

A patent grants the right to exclude others. The rule of law would protect your right to exclude against the intrusions of others and confers the legal right to exclude others from making, using, or selling the patented product without a licensing agreement. I reckon that it is vital to protect intellectual property. The only question is, HOW? We all know how to protect our private land or house when someone trespass. But, are there the same way to protect those intangible things? To legally protect it like a legally enforceable contract, we have to define it first, to know what we are actually protecting. However, I believe the key point here is that we do not want to protect it way too much cause the monopoly exists forever or diminish innovation. Therefore, we must keep balancing it by analyzing consumers and producers. Other forms of property are mostly something we earned or purchased through exchange or trades. But, the government does not protect your land or house only for a limited time period or prevent others to build the same house with the same materials. Overall, I think it is inappropriate for governments to protect intellectual property just like any other form of property because they are inherently different. After all, creations from human minds are not the same as creations by mother nature or God. Finally, the procedures to get the rights still need to be improved. Many innovators and creators may be waiting for the results for months or even years and postpone many new products that may benefit or even change our world. Those rigorous application and approval processes with the government will kill those inventions.

Reference

Burke, K. (2020, March 7). Property developer makes $1.4M after claiming squatter's rights on Ashbury House. Domain. Retrieved December 10, 2021, from https://www.domain.com.au/news/property-developer-bill-gertos-make-1-4-million-after-claiming-squatters-rights-on-ashbury-house-937780/. 

Lau, T. & Johnson, L. (2011). The Legal and Ethical Environment of Business (Vol. 1). Flat World Knowledge.

Governments enforce some promises but do not enforce most promises made between people. Do you think it is important for governments to enforce certain promises? What kinds of promises should be enforced?

 Governments enforce some promises but do not enforce most promises made between people. Do you think it is important for governments to enforce certain promises? What kinds of promises should be enforced?

As always, trust is hard to build but very easy to lose. If a government does not enforce all of its promises, it will lose its credit over time. What happens if citizens of a country do not trust their government? Currency policy is an excessively sensitive example of our daily life. Turkey's recent currency crash is a good example. We used to think that our government will do the best it can to make our lives better not worse. However, it seems did not happen in Turkey. 

In 2021, Turkey’s currency has been falling to an all-time low against the U.S. dollar. Nonetheless, President Recep Tayyip Erdogan presses ahead with a widely criticized effort to cut interest rates despite surging consumer prices. As a result, families are struggling to buy food and other goods. As we know that lower interest rate will increase the money supply since when all else being equal, a larger money supply lowers market interest rates, making it less expensive for consumers to borrow. Conversely, smaller money supplies tend to raise market interest rates, making it pricier for consumers to take out a loan. Now, the Turkish lira has lost around 40% of its value since the start of the year, becoming one of the world's worst-performing currencies. 

Basically, I think a currency or the monetary system is like a contract signed by the government to keep our economy going and growing. A government must promise to ensure the value of its currency is good enough to make its citizens live better. Although generally, a government has the authority to issue its currency, it is still created based on trust. I trust the money you give to me so I work hard to earn it. If it keeps losing its day by day, no one wants to work for it. Therefore, I think one of the very important promises that governments must keep and enforce is to keep the monetary system well administrated. Otherwise, every country can be like today's Turkey, the economic turmoil sends desperation and inflation soaring. Threatened by a currency crisis, many people lining up for subsidized bread, cutting back on meat, and fleeing for a better life in Europe.

Reference

SUZAN FRASER, A. P. (2021, December 3). Explainer: Turkey's currency is crashing. what's the impact?: Taiwan news: 2021-12-03 22:37:24. Taiwan News. Retrieved December 6, 2021, from https://www.taiwannews.com.tw/en/news/4364306. 

Brief Fact Summary of The American case of Sherwood v. Walker.

 Brief Fact Summary of The American case of Sherwood v. Walker. 

Have to ever regrated selling a good at a low price when you realize that you underestimate it? Did you accept it and learn from it, or did you ignore the contract, refuse to sell it, and try to make a new deal? This 19th-century case involving the sale of a cow is one of the most famous contracts cases in American law. Sherwood was the plaintiff who contracted to buy a cow that was believed to be barren at a low price from Walker (the Defendant). After they signed the contract, they both realized the cow was pregnant. A pregnant cow can produce milk rather than just beef. Therefore, Sherwood wanted to enforce the contract while Walker wanted rescission since the value of the cow increased due to the misestimation, a mutual mistake. Sherwood v. Walker has been cited as legal authority in more than fifty court decisions, from New York to California. It is celebrated, classic, and seminal. It remains one of the great contributions to contract jurisprudence. The case is a part of Michigan history known to practically every living American lawyer and law school student.

The key point here is that both sides had mutual consent while they signed the contract, but the mutual consent was based on misestimation. It was considered a legally enforceable promise once until Sherwood sued Walker when Walker refused to perform it. Of course, Sherwood is happy to purchase the cow at such a beautiful price, but Walker was not glad to earn less money. It was not an information asymmetry. It was a mutual mistake. However, in the trial, Sherwood has to prove it was a valid contract and mutual consent while Waller was trying to prove the mutual consent is a mistake of both parties. So, was there a mutual mistake in the perception of facts that permits either to rescind the contract? According to the verdict, yes. The mistake or misapprehension of the parties went to the whole substance of the agreement. Normally, we all think have to keep our promise, even though we signed a bad contract. However, in this case, one of them regretted AFTER signing the contract due to the mutual mistake. Notice that it is a MUTUAL mistake not just a bad contract for the party who regretted it.

What were the main legal issues involved? 

One of the main issues in the case was whether the remedy of rescission is available if both parties to a contract share a misunderstanding about an essential fact. This case reflects the question of whether two parties should be held to an agreement regarding one thing if the nature of the thing changes entirely. It is claimed that a mutual mistake of a material fact was made by the parties when the contract of sale was made. There was no guarantee in the case of the quality of the animal. Where there is no warranty, there can be no mistake of fact when no such fact exists, or, if in existence, neither party knew of it, or could know of it. In this case, neither party knew the actual quality and condition of this cow at the time of the sale. Accordingly, whether a contract was made based on a mutual aberration of the parties involving material facts can be void if the two parties learn of their mistake. The legal issues twist around the fact that both parties entered into a sale agreement under a bilateral misunderstanding.

What approach did the court take in addressing the legal issue? 

Initially, Sherwood brought a replevin action before a Justice of the Peace to obtain possession of Rose, and he won. Walker appealed to Wayne County Circuit Court, where Sherwood won again. However, Walker determined not to lose the case. So, he appealed again to the Michigan Supreme Court. The high court overruled the previous verdicts. The court found that the parties’ misapprehension regarding the barren nature of the cow went to the substance of the agreement. As such, the agreement was void due to its pregnancy. The cow ceased to be the animal that was originally deemed to be. Because the mutual mistake had affected the substance of the transaction had been made, Hiram Walker had a right to rescind the contract and keep the cow. That means, where a mistake of both parties at the time a contract was made as a basic assumption on which the contract was made has a material effect on the agreed exchange of performances, the contract is voidable. A party bears the risk of a mistake when the risk is allocated to him(or she), or he(or she) is aware at the time the contract is made and he(or she) has limited knowledge with respect to facts to which the mistake relates but treat his(or her) limited knowledge as sufficient.

How did the court apply its approach to the facts of the case? 

The court’s position is that a mutual, material mistake of fact makes the contract voidable by the party adversely affected by the mistake. The critical question is whether there was a mistake as to a material fact. The mistake was not of the mere quality of the animal but went to the very nature of the thing. A barren cow is substantially a different creature than a breeding one. There is as much different between them for all purposes of use as there is between an ox and a cow that is capable of breeding and giving milk. 

If the mutual mistake had simply related to the fact whether she was with calf or not for one season, then it might have been a good sale; but the mistake affected the character of the animal for all time, and for her present and ultimate use. The cow was not in fact the animal, or the kind of animal, the defendants intended to sell or the plaintiff to buy. She was not a barren cow, and, if this fact had been known there would have been no contract. This mistake affected the substance of the whole consideration, and it must be considered that there was no contract to sell or sale of the cow as she actually was.

Provide a detailed example of how the court's conclusion might be applied in a modern business setting. 

Signing contracts with business parties is an essential part of doing business. Suppose you run a coffee chain like Starbucks. You have to sign many contracts with many different suppliers to ensure the supply of coffee does not discontinue and is safe. One day, you approach a local coffee bean supplier, and due to the conditions such as the weather and the soil, the quality of the coffee beans is not good enough. Therefore, you decide to purchase the product at a lower price and use them on the cheaper drinks. The supplier agreed since he thinks it is a fair price. You both have mutual consent and signed a contract for the coming ten years to supply ten million pounds each year at $1 per pound. However, due to climate change and genetic variation, the quality of the coffee beans has become much higher than they were five years ago. So, five years later, the supplier refuses to supply and attempt to sell them at a higher price. Of course, you probably sue him to legally enforce the promise. This very likely happens when material facts are changed after signing a legally enforceable contract.

In this case, if the mutual mistake had simply related to the fact whether the coffee beans were of high quality or not for one season, then it might have been a good sale; but the mistake affected the character of the coffee beans for all time, and for its present and ultimate use. The coffee beans were not in fact the material, or the kind of material, the supplier intended to sell or you to buy. Moreover, if this fact had been known there would have been no contract like this one. This mistake affected the substance of the whole consideration.

Finally, a promise is always followed by trust. However, trust is hard to build but easy to lose. Humans feel more pain when they are losing something than they are getting something. Therefore, it is not wise to break a promise easily or frequently. Credibility is always a part of your assets when doing business. Although most of us do not want to lose anything, sometimes it is still worth keeping your words when earning trust and creating credibility. In addition, actively seeking diverse-owned businesses to purchase from is always a wise choice. And, I truly believe that such a supplier diversity is a clever business decision and business imperative in today’s business climate. It helps us identify and deliver high-quality products and services across all business channels while driving value and economic development in the communities we serve.

Reference

Lau, T. & Johnson, L. (2011). The Legal and Ethical Environment of Business (Vol. 1). Flat World Knowledge.

Sherwood v. Walker. U.S. Contract Law for LL.M. Students. (2017, August 18). Retrieved December 6, 2021, from http://blogs.kentlaw.iit.edu/harriscontracts/home/excuse/sherwood-v-walker/. 

What duties do you owe to the people closest to you, such as family, friends, and neighbors?

 What duties do you owe to the people closest to you, such as family, friends, and neighbors? 

Is caring for people a moral option or a duty? What can happen when people ignore the requirement to manage their desires for both their own good and the good of society, which are interdependent? Most people may think our nature is to satisfy our own desires. 

So, based on this, a social contract between the people and government in which caring is left as a choice and we should be fair and kind to others only because it helps us with our own interests. Moreover, we decide the amount and kind of care we give and become good people by how well we live up to the duty(Humphreys, 2014).

However, there are other opinions on this. We are naturally social creatures from the existence of family, friends, and society. Caring is a natural human emotion and we need and benefit from care throughout our lives, from parents, family, friends, and the State. Therefore, caring shouldn’t be depersonalized since it’s a natural human impulse and interaction that has to be nuanced to an individual’s needs and personality. It includes being sensitive and responsive to often complex feelings.

Every devil was once an angel. Acting with courage is midway between the excess of recklessness and the deficiency of timidity. I think the key factors of the duty are balance, fairness, reciprocity, and nature. To balance before making a rational choice to act according to the midpoint between excess and deficiency of desires and feelings. To be fair while we take risks while ignoring the need to act with prudence and consideration for the well-being of others. We must have the solutions to prisoner’s dilemmas to overcome individual incentives in favor of the common good. 

 

When the rivers are all dried up, and the trees are all cut down, people will realize that they will not be able to EAT money. I think such a duty is also an example of The prisoner's dilemma, an inconsistency in decision analysis in which two individuals acting in their own self-interests do not produce the optimal outcome, even though the highest reward for each party occurs when both parties choose to co-operate.

Suppose there are two criminals, Tom and Jerry are being interrogated in separate rooms. The authorities are trying to convince at least one of the suspects to betray the other accomplice and testify to the crime. Do you think they are likely to cooperate with his accomplice and remain silent? Or, to defect from the gang and testify for the prosecution? What would you do if you don't know whether your ally will betray you or not?

Finally, to rethink the duty, I think there is a part of it in our inherent nature, and also a part of it is our own free choices. That's why we always have many wrongdoers and also many good guys. Cleverness is a gift, kindness is a choice. 

What duties do you owe to people in general, any time and any place?

Although we can not choose when or how we came to this world, the only truth is we are already here and rely on it. We cannot undo the past, the only thing we can do is move forward. I think don't burn the world down is the top priority and also the inherent duty. Sometimes, I think the world does not owe to us or anyone. So, we cannot take everything for granted. But, we all have the choice to start a good circulation. Treating others with a certain level of respect is a great start. 

Reference

Humphreys, J. (2014, June 13). Have you a moral duty to care for others? The Irish Times. Retrieved November 28, 2021, from https://www.irishtimes.com/culture/have-you-a-moral-duty-to-care-for-others-1.1830257. 

Lau, T. & Johnson, L. (2011). The Legal and Ethical Environment of Business (Vol. 1). Flat World Knowledge.

The Hot Coffee Lawsuit

 A Brief Intro of The Hot Coffee Lawsuit

The hot coffee lawsuit was a highly publicized 1994 product liability lawsuit in the United States against McDonald's. In 1992, the 79-year-old Stella Liebeck bought a cup of takeout coffee at a McDonald’s drive-thru and spilled it on her lap. The coffee was not just hot, but dangerously hot. McDonald’s corporate policy was to serve it at a temperature that could cause serious burns in seconds. Liebeck was hospitalized for eight days while undergoing skin grafting, followed by two years of medical treatment. During this period, Liebeck lost 20 pounds and suffered permanent disfigurement after the incident. She sued McDonald’s and a jury awarded her nearly $3 million in punitive damages for the burns she suffered. 

What Was The Basis of Her Claim Against McDonald's? 

Liebeck hired Texas attorney Reed Morgan to file suit in the U.S. District Court for the District of New Mexico accusing McDonald's of the negligence of selling coffee that was unreasonably dangerous and defectively manufactured. Liebeck sought to settle with McDonald's for the payment to cover her actual and anticipated expenses. Her past medical expenses and her daughter's loss of income. Assumption of risk is that a defense in which the plaintiff is barred from recovery because the plaintiff voluntarily and knowingly assumed known risks which are used by McDonald's in this case to support its argument.

Was the alleged tort intentional, negligent, or strict liability? 

It is obviously not an intentional case since it is impossible for McDonald's to intentionally hurt its customers. Therefore, the question is, is it a negligent or strict liability? If you are the lawyer hired by Stella Liebeck, you must review the definition of each to find the best solution to succeed. 

To prove it is negligence, you have to prove the defendant owed a duty, breached that duty, the conduct caused the result, and the damage is legally recognizable injuries. Therefore, the lawyer has to prove McDonald's owed a duty to prevent the burn, breached the duty, the breaching did directly caused the result, and the damage is legally recognizable injuries. I think the most difficult part is the first one, why McDonald's owed a duty to prevent the burns. If the risk of harm is foreseeable, then the duty exists. That means if a business knows about, or should know about, a high likelihood of the possible harm, then that business must warn or take steps to protect its customers. 

If McDonald's is sued for negligence, it has affirmative defenses such as the plaintiff voluntarily and knowingly assumed known risks(assumption of risk), it is not available to the defendant who caused a dangerous situation in the first place, or the plaintiff contributed to his own injuries. Therefore, McDonald's may argue that the plaintiff should know it was a hot drink and it may hurt if it spilled. And, Stella Liebeck did accidentally spill it out and caused her own injuries.

Strict liability torts require neither intent nor carelessness. It is irrelevant how carefully the defendant acted. It doesn’t matter if the defendant took every precaution to avoid harm. In this case, Liebeck's attorneys may argue that, at around 180 to 190 °F, the coffee was defective since it is under McDonald's control of how it would be served, claiming it was too hot and more likely to cause serious injury than coffee served at any other establishment.

To summarize, I think Ms. Liebeck's lawyers applied an excellent strategy to address the event to become a negligent and somewhat strict liability case. He accused McDonald's of the negligence of selling coffee that was unreasonably dangerous and defectively manufactured. The McDonald's argument that the plaintiff should know it was a hot drink and it may hurt if it spilled seems too weak to become a valid excuse. However, Stella Liebeck did accidentally spills it out and caused her own injuries, so she is responsible for this careless action. But if the temperature was ten degrees lower or more, it will be harmless when it spilled out. 

Why did Ms. Liebeck's lawyers believe that McDonald's was liable to Ms. Liebeck? 

Liebeck's attorneys argued that, at around 180 to 190 °F, McDonald's coffee was defective, claiming it was too hot and more likely to cause serious injury than coffee served at any other establishment. During the case, Liebeck's attorneys discovered that McDonald's required franchisees to hold coffee at around 82 to 88°C. Liebeck's attorney argued that coffee should never be served hotter than 60 °C and that several other establishments served coffee at a substantially lower temperature than McDonald's. They presented evidence that coffee they had tested all over the city was all served at a temperature at least 11°C lower than what McDonald's served. Liebeck's lawyers also presented the jury with expert testimony that a cup of 88°C coffee may produce third-degree burns in about 3 seconds and a cup of 82°C coffee may produce such burns in about 12 to 15 seconds. Lowering the temperature to 71 °C would increase the time for the coffee to produce such a burn to 20 seconds. Liebeck's attorneys argued that these extra seconds could provide adequate time to remove the coffee from exposed skin, thereby preventing many burns. More important documents obtained from McDonald's showed that from 1982 to 1992 the company had received more than 700 complaints of people burned by McDonald's coffee.

Do you think it is reasonable to expect that a hot drink purchased from a restaurant might quickly give you third-degree burns? 

Normally, we know it is hot. But give me third-degree burns? Honestly, I thought it only happens when I touch a hot pot while cooking something or accidentally touch something really hot like a volcano or something like that. So, I think it is kind of not reasonable to expect that a hot latte purchased from a coffee shop might quickly give me third-degree burns. It is terrible. Another small detail I want to mention is that the design of the cups for hot drinks. The cup lid must be strong enough to prevent a possible spill. But, don't make me wrong, I mean that it spills out eventually for ensuring if you put the cup upside down. However, it should not spill out while it is just a little bit slope. In addition, the size of the hole in the lid should be large enough for customers to drink and also small enough that customers do not burn their tongues. 

How did the jury decide the case? 

The jury reached its verdict on the Liebeck case on August 18, 1994. Applying the principles of comparative negligence, the jury found that McDonald's was 80 percent responsible for the incident and Liebeck was 20 percent at fault. Comparative negligence means a partial defense that reduces the plaintiff’s recovery by the amount of the plaintiff’s own negligence. Under this rule, the jury is asked to determine to what extent the plaintiff is at fault, and the plaintiff’s total recovery is then reduced by that percentage. 

Why do you think the jury decided the case this way? 

A partial defense that reduces the plaintiff’s recovery by the amount of the plaintiff’s own negligence. Though there was a warning on the coffee cup, the jury decided that the warning was neither large enough nor sufficient. They awarded Liebeck $200,000 in compensatory damages, which was then reduced by 20 percent to $160,000. In addition, they awarded her $2.7 million in punitive damages. The jurors arrived at this figure from Morgan's suggestion to penalize McDonald's for two days' worth of coffee revenues, which were about $1.35 million per day.

Summerize The Key Evidence of The Case

i. McDonald’s required the franchisee to hold its coffee at 180 to 190 degrees Fahrenheit.

ii. Coffee at that temperature, if spilled, causes third-degree burns in just 3 to 7 seconds.

iii. The chairman of the department of biomechanical engineering at the University of Texas testified that this risk of harm is unacceptable.

iv. The defendant admitted it had known about the risk of serious burns from its hot coffee for more than 10 years. 

v. The jury did not think the corporation was attaching enough importance to that.

vi. McDonald’s quality assurance manager testified that McDonald’s coffee, at the temperature at which it was poured into Styrofoam cups, was not fit for consumption because it would burn the mouth and throat.

vii. The defendant admitted at trial that consumers were unaware of the extent of the risk of serious burns from spilled coffee served at the temperature.

viii. The defendant admitted it did not warn customers of the nature and extent of this risk and could offer no explanation as to why it did not.

Reference

"Know the facts:" resources for consumers. (n.d.). Retrieved November 26, 2021, from https://www.caoc.org/?pg=facts. 

Lau, T. & Johnson, L. (2011). The Legal and Ethical Environment of Business (Vol. 1). Flat World Knowledge.

Tort law: Strict liability and abnormally dangerous activities. Lawshelf Educational Media. (n.d.). Retrieved November 27, 2021, from https://lawshelf.com/shortvideoscontentview/strict-liability-in-tort-law. 

What Are The Purposes of Criminal Law and How Do They Compare To The Purposes of Civil Law?

 In the United States, there are two bodies of law whose purpose is to deter or punish serious wrongdoing or to compensate the victims of such wrongdoing. In criminal law, the courts deal with serious legal offenses like robbery or homicide on behalf of the United States legal system. 

What Are The Purposes of Criminal Law and How Do They Compare To The Purposes of Civil Law? 

Criminal law aims to identify, recognize, punish and educate the greater community and would-be offenders about the consequences of their actions through the criminal justice system.(Slades, Main objective of criminal law - law news 2021) I think the key purposes of criminal law are retribution, deterrence, and restoration. The process of a trial determines the punishment and then takes away certain freedoms and rights such as imprisonment. Deterrence is also one of the primary purposes of criminal law, to discourage people from committing criminal laws. Typically, fear of punishment is the common deterrence. Once a person has been sentenced and convicted they may be offered rehabilitative programs. Although making them pay does not truly and fully restore the harm they made, it is a necessary step to ensure justice exists.

People always make mistakes. Sometimes it is nothing to worry about, but sometimes it is serious and affects the rest of their life. Rehabilitation programs aim to correct and redirect them for a positive outcome. The ultimate aim of rehabilitation programs is to reintegrate prisoners into the community so they can live there harmoniously and become valuable members of the community. 

The purpose of civil law is to settle legal disputes between parties of people, or between parties of people and corporations. Common examples of civil law cases are legal contracts, tort, property law, and family law such as marriage to divorce, and adoption to child support. Civil cases are more private or personal compare to criminal cases.

Typically, criminal law deals with behavior that is or can be construed as an offense against an individual, the public, society, or the state. Civil law deals with behavior that constitutes an injury to an individual or other private party, such as a corporation. And, criminal law and civil law differ concerning how cases are initiated (who files suit), how cases are decided (by a judge or a jury), what kinds of punishment will be imposed, and what kinds of evidence must be provided.

What Would A Society Be Like in which Individuals and Organizations Were Only Subject To Criminal Liability and in which There Was No Civil Liability for Torts or Violating Contracts?

In criminal cases, only the federal or a state government may initiate a case, decided by a jury, and then the punishment for serious (felony) charges often consists of imprisonment but may also include a fine paid to the government. The prosecution must establish the guilt of the defendant beyond a reasonable doubt and defendants are protected against prosecutors that violate their constitutional rights. In contrast, civil cases are initiated by a private party, the plaintiff) and usually decided by a judge, and then the punishment almost always consists of a monetary award. Moreover, the plaintiff must establish the defendant's liability only according to the preponderance of the evidence.

So, what if there is a society in which individuals and organizations were only subject to criminal liability and in which there was no civil liability for torts or violating contracts? That will be a terrible thing, actually! Suppose that you are the victim of a tort case and only the federal or a state government can initiate a case? What would you do? And, the case will be decided by a jury which means you can not settle an agreement or an ADR? Or, there was no civil liability for torts or violating contracts which means you can file a lawsuit for yourself when your intellectual property is stolen by someone? The reason we structured these two systems is that they work efficiently and separately for each of their purposes. However, if we only apply one system for all, it is like asking you to wear your shorts in winter and a heavy jacket in summer.

Reference

Slades. (2021, March 5). Main objective of criminal law - law news. Slades & Parsons. Retrieved November 22, 2021, from https://www.sladesparsons.com.au/what-is-main-objective-criminal-law/. 

The U.S. Jury System Should Be Adopted by Other Countries? What Factors should Inform A Country’s Decision To Adopt A Jury System?

 The U.S. Jury System

In the Bill of Rights, The Fifth Amendment says: "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury." In the U.S. legal system, the jury has a very special role to play such as the trier of fact or determining the truth, in ensuring citizen participation in the administration of justice. A citizen’s right to a trial by jury is a central feature of the United States Constitution. It is considered a fundamental principle of the American legal system, although laws and regulations governing jury selection and conviction requirements vary from state to state. Article III of the U.S. Constitution empowers the judicial branch of the national government and also states that all trials shall be by jury. The right was then expanded with the Sixth Amendment to the United States Constitution, which states in part, "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed"(Sixth Amendment - Constitution Annotated | congress.gov).

Types of Juries

There are two types of juries serving different functions in the federal trial courts: trial juries, also known as petit juries, and grand juries. The trial jury(or, petit jury) serves to determine whether the defendant committed the crime as charged in a criminal case, or whether the defendant injured the plaintiff in a civil case. After the trial, they reach a verdict. On the other hand, a grand jury assesses evidence to decide on whether to bring charges. In legal terms, a grand jury determines whether probable cause exists to believe a crime has been committed. Unlike the trial jury, the grand jury does not determine whether a suspect is guilty of a crime. Moreover, defendants and their attorneys do not have the right to appear before the grand jury.

The U.S. Jury System Should Be Adopted by Other Countries? 

To answer this question, let's go back to the spirit of this system and why the U.S. utilizes this system to ensure justice is still alive. It serves to fix some mistrials by judges who did not have enough experience to judge rightly, to prevent judges from being influenced by politicians or their supervisors, to reduce bribes, to reduce the errors made by judges, and to improve people's trust in the judgment and judicial system. But, bringing people who are not knowledgeable can make the system flaw. 

As we can see, most of the reasons are trying to remedy the possible issues about judges. However, it's not perfect. Many common issues such as bias(juries influenced by emotional, prejudices, regional, or historical factors, leading to unfortunate results.), the ability to apply the law, ignorance of the law, and the cost(the allowances and transportation payments during the process). 

In conclusion, I don't think the U.S. jury system should be adopted by every country, but it may benefit many countries where judges are not been well-educated or countries that have serious bureaucracy issues. After all, this system was made for better judgment. So, before any countries that are trying to apply it, they should ask themselves first, why should we apply it, what are the pros and cons, and most importantly, how to execute it.

What Factors should Inform A Country’s Decision To Adopt A Jury System? 

Even though we already have a great jury system, in a real courtroom, the bad guys don’t always lose, and the good guys don’t always win. Therefore, do the good guys are highly likely to win and the bad guys tend to lose if we apply the system is the first question we should ask ourselves. If the citizens of a country can help the whole litigation system to be better, then applying a jury system is necessary. However, although the truth is unchangeable, there are always gray areas among good or bad things. Most of the time, it is hard to say one thing is purely good or purely bad. For example, even though Robin Hood is described as stealing money from the rich to help the poor in the face of tyranny, his action is still highly likely to be committed a crime by most judges while the jury is willing to set him free. 

The ADR(Alternative Dispute Resolution)

Sometimes it is a good idea to try to settle your claim without going to court. As rising costs of litigation and time delays continue to plague litigants, more parties tend to choose ADR programs over complex litigation. ADR is known as Alternative Dispute Resolution. It typically includes negotiation, conciliation, mediation, and arbitration. 

Situations in which I Would Choose ADR Over Litigation

i. To save time. If I do not want to waste too much time during a lawsuit, I tend to choose ADR over litigation. For example, I usually choose ADR to settle disputes in car accidents since a court case claiming the cost of repairs to a car and other losses due to a car accident will cost me over one year to reach the final verdict. 

ii. To lower the cost. Less time spent to solve a dispute means lower costs for attorneys’ fees if it is not obligated to file a lawsuit.

iii. Privacy and Confidentiality. Typically, litigation is open to be public. Arbitrations are private with only designated parties in attendance and the proceedings are strictly confidential. If it is something I want to keep as a secret such as an embarrassing mistake.

Situations in which I Would Choose Litigation Over ADR

I think there are still some situations when ADR may not be appropriate which means it is unavoidable in some cases, and may even be risky for one of the parties. 

i. If I have an urgent need that requires an immediate legal remedy or the other side is not willing to negotiate with me, I might need to go to court instead. Therefore, I will choose litigation. 

ii. Agreements reached in mediation do not act as precedents in future cases. They are usually private and confidential. Therefore, if I want to establish a legal point that other people can rely on, I will choose litigation.

iii. When I want to lower compensation amounts, I tend to choose litigation in Taiwan. Oftentimes, compensation is often lower than is likely to be achieved in court I think. Because it requires much more evidence to prove each claim. In the US, it might be the opposite. So, it depends on whether a trial or a settlement will bring better economic benefits.

A List of Topics That I Would Present To Employees To Train Them To Be Vigilant Against Criminal Behavior in An Organization. What Topics Are Considered To Be Most Important? 

Good employee training is essential for an organization’s success. I think to make an effort to protect employees and show them that I care about them as human beings instead of just worker bees, they will feel safer and more secure at work, and consequently removing distractions that can undermine their productivity. In the US, Federal law requires training on specific health, safety-related topics, and sexual harassment. However, I think before applying any training program, reducing the turnover rate is one of the top priorities. Employers with high employee turnover tend to train less and spend less on training than other businesses. 

To Ensure Employees Understood The Training

To ensure proper adoption, companies and organizations must rely on better leadership. In addition, manage their jobs like they are owners of a small business within the company and they will do for their own self-development. For the benefits of training to persist, I would build in expected accountability through one-on-ones or reviews with a manager. Moreover, leaders need continued coaching to keep the best leadership and to build discipline around the continuous improvement philosophy. 

Reference

Legal Information Institute. (n.d.). Alternative dispute resolution. Legal Information Institute. Retrieved November 20, 2021, from https://www.law.cornell.edu/wex/alternative_dispute_resolution. 

Sixth Amendment - Constitution Annotated | congress.gov. (n.d.). Retrieved November 19, 2021, from https://constitution.congress.gov/constitution/amendment-6/. 

The 3rd article of the U.S. constitution. National Constitution Center – The 3rd Article of the U.S. Constitution. (n.d.). Retrieved November 19, 2021, from https://constitutioncenter.org/interactive-constitution/article/article-iii. 

Types of juries. United States Courts. (n.d.). Retrieved November 20, 2021, from https://www.uscourts.gov/services-forms/jury-service/types-juries.