law and ethics assignment

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Videos Concepts Unwrapped View All 36 short illustrated videos explain behavioral ethics concepts and basic ethics principles. Concepts Unwrapped: Sports Edition View All 10 short videos introduce athletes to behavioral ethics concepts. Ethics Defined (Glossary) View All 58 animated videos - 1 to 2 minutes each - define key ethics terms and concepts. Ethics in Focus View All One-of-a-kind videos highlight the ethical aspects of current and historical subjects. Giving Voice To Values View All Eight short videos present the 7 principles of values-driven leadership from Gentile's Giving Voice to Values. In It To Win View All A documentary and six short videos reveal the behavioral ethics biases in super-lobbyist Jack Abramoff's story. Scandals Illustrated View All 30 videos - one minute each - introduce newsworthy scandals with ethical insights and case studies. Video Series

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Case Studies

More than 70 cases pair ethics concepts with real world situations. From journalism, performing arts, and scientific research to sports, law, and business, these case studies explore current and historic ethical dilemmas, their motivating biases, and their consequences. Each case includes discussion questions, related videos, and a bibliography.

A Million Little Pieces

James Frey’s popular memoir stirred controversy and media attention after it was revealed to contain numerous exaggerations and fabrications.

Abramoff: Lobbying Congress

Super-lobbyist Abramoff was caught in a scheme to lobby against his own clients. Was a corrupt individual or a corrupt system – or both – to blame?

Apple Suppliers & Labor Practices

Is tech company Apple, Inc. ethically obligated to oversee the questionable working conditions of other companies further down their supply chain?

Approaching the Presidency: Roosevelt & Taft

Some presidents view their responsibilities in strictly legal terms, others according to duty. Roosevelt and Taft took two extreme approaches.

Appropriating “Hope”

Fairey’s portrait of Barack Obama raised debate over the extent to which an artist can use and modify another’s artistic work, yet still call it one’s own.

Arctic Offshore Drilling

Competing groups frame the debate over oil drilling off Alaska’s coast in varying ways depending on their environmental and economic interests.

Banning Burkas: Freedom or Discrimination?

The French law banning women from wearing burkas in public sparked debate about discrimination and freedom of religion.

Birthing Vaccine Skepticism

Wakefield published an article riddled with inaccuracies and conflicts of interest that created significant vaccine hesitancy regarding the MMR vaccine.

Blurred Lines of Copyright

Marvin Gaye’s Estate won a lawsuit against Robin Thicke and Pharrell Williams for the hit song “Blurred Lines,” which had a similar feel to one of his songs.

Bullfighting: Art or Not?

Bullfighting has been a prominent cultural and artistic event for centuries, but in recent decades it has faced increasing criticism for animal rights’ abuse.

Buying Green: Consumer Behavior

Do purchasing green products, such as organic foods and electric cars, give consumers the moral license to indulge in unethical behavior?

Cadavers in Car Safety Research

Engineers at Heidelberg University insist that the use of human cadavers in car safety research is ethical because their research can save lives.

Cardinals’ Computer Hacking

St. Louis Cardinals scouting director Chris Correa hacked into the Houston Astros’ webmail system, leading to legal repercussions and a lifetime ban from MLB.

Cheating: Atlanta’s School Scandal

Teachers and administrators at Parks Middle School adjust struggling students’ test scores in an effort to save their school from closure.

Cheating: Sign-Stealing in MLB

The Houston Astros’ sign-stealing scheme rocked the baseball world, leading to a game-changing MLB investigation and fallout.

Cheating: UNC’s Academic Fraud

UNC’s academic fraud scandal uncovered an 18-year scheme of unchecked coursework and fraudulent classes that enabled student-athletes to play sports.

Cheney v. U.S. District Court

A controversial case focuses on Justice Scalia’s personal friendship with Vice President Cheney and the possible conflict of interest it poses to the case.

Christina Fallin: “Appropriate Culturation?”

After Fallin posted a picture of herself wearing a Plain’s headdress on social media, uproar emerged over cultural appropriation and Fallin’s intentions.

Climate Change & the Paris Deal

While climate change poses many abstract problems, the actions (or inactions) of today’s populations will have tangible effects on future generations.

Cover-Up on Campus

While the Baylor University football team was winning on the field, university officials failed to take action when allegations of sexual assault by student athletes emerged.

Covering Female Athletes

Sports Illustrated stirs controversy when their cover photo of an Olympic skier seems to focus more on her physical appearance than her athletic abilities.

Covering Yourself? Journalists and the Bowl Championship

Can news outlets covering the Bowl Championship Series fairly report sports news if their own polls were used to create the news?

Cyber Harassment

After a student defames a middle school teacher on social media, the teacher confronts the student in class and posts a video of the confrontation online.

Defending Freedom of Tweets?

Running back Rashard Mendenhall receives backlash from fans after criticizing the celebration of the assassination of Osama Bin Laden in a tweet.

Dennis Kozlowski: Living Large

Dennis Kozlowski was an effective leader for Tyco in his first few years as CEO, but eventually faced criminal charges over his use of company assets.

Digital Downloads

File-sharing program Napster sparked debate over the legal and ethical dimensions of downloading unauthorized copies of copyrighted music.

Dr. V’s Magical Putter

Journalist Caleb Hannan outed Dr. V as a trans woman, sparking debate over the ethics of Hannan’s reporting, as well its role in Dr. V’s suicide.

East Germany’s Doping Machine

From 1968 to the late 1980s, East Germany (GDR) doped some 9,000 athletes to gain success in international athletic competitions despite being aware of the unfortunate side effects.

Ebola & American Intervention

Did the dispatch of U.S. military units to Liberia to aid in humanitarian relief during the Ebola epidemic help or hinder the process?

Edward Snowden: Traitor or Hero?

Was Edward Snowden’s release of confidential government documents ethically justifiable?

Ethical Pitfalls in Action

Why do good people do bad things? Behavioral ethics is the science of moral decision-making, which explores why and how people make the ethical (and unethical) decisions that they do.

Ethical Use of Home DNA Testing

The rising popularity of at-home DNA testing kits raises questions about privacy and consumer rights.

Flying the Confederate Flag

A heated debate ensues over whether or not the Confederate flag should be removed from the South Carolina State House grounds.

Freedom of Speech on Campus

In the wake of racially motivated offenses, student protests sparked debate over the roles of free speech, deliberation, and tolerance on campus.

Freedom vs. Duty in Clinical Social Work

What should social workers do when their personal values come in conflict with the clients they are meant to serve?

Full Disclosure: Manipulating Donors

When an intern witnesses a donor making a large gift to a non-profit organization under misleading circumstances, she struggles with what to do.

Gaming the System: The VA Scandal

The Veterans Administration’s incentives were meant to spur more efficient and productive healthcare, but not all administrators complied as intended.

German Police Battalion 101

During the Holocaust, ordinary Germans became willing killers even though they could have opted out from murdering their Jewish neighbors.

Head Injuries & American Football

Many studies have linked traumatic brain injuries and related conditions to American football, creating controversy around the safety of the sport.

Head Injuries & the NFL

American football is a rough and dangerous game and its impact on the players’ brain health has sparked a hotly contested debate.

Healthcare Obligations: Personal vs. Institutional

A medical doctor must make a difficult decision when informing patients of the effectiveness of flu shots while upholding institutional recommendations.

High Stakes Testing

In the wake of the No Child Left Behind Act, parents, teachers, and school administrators take different positions on how to assess student achievement.

In-FUR-mercials: Advertising & Adoption

When the Lied Animal Shelter faces a spike in animal intake, an advertising agency uses its moral imagination to increase pet adoptions.

Krogh & the Watergate Scandal

Egil Krogh was a young lawyer working for the Nixon Administration whose ethics faded from view when asked to play a part in the Watergate break-in.

Limbaugh on Drug Addiction

Radio talk show host Rush Limbaugh argued that drug abuse was a choice, not a disease. He later became addicted to painkillers.

U.S. Olympic swimmer Ryan Lochte’s “over-exaggeration” of an incident at the 2016 Rio Olympics led to very real consequences.

Meet Me at Starbucks

Two black men were arrested after an employee called the police on them, prompting Starbucks to implement “racial-bias” training across all its stores.

Myanmar Amber

Buying amber could potentially fund an ethnic civil war, but refraining allows collectors to acquire important specimens that could be used for research.

Negotiating Bankruptcy

Bankruptcy lawyer Gellene successfully represented a mining company during a major reorganization, but failed to disclose potential conflicts of interest.

Pao & Gender Bias

Ellen Pao stirred debate in the venture capital and tech industries when she filed a lawsuit against her employer on grounds of gender discrimination.

Pardoning Nixon

One month after Richard Nixon resigned from the presidency, Gerald Ford made the controversial decision to issue Nixon a full pardon.

Patient Autonomy & Informed Consent

Nursing staff and family members struggle with informed consent when taking care of a patient who has been deemed legally incompetent.

Prenatal Diagnosis & Parental Choice

Debate has emerged over the ethics of prenatal diagnosis and reproductive freedom in instances where testing has revealed genetic abnormalities.

Reporting on Robin Williams

After Robin Williams took his own life, news media covered the story in great detail, leading many to argue that such reporting violated the family’s privacy.

Responding to Child Migration

An influx of children migrants posed logistical and ethical dilemmas for U.S. authorities while intensifying ongoing debate about immigration.

Retracting Research: The Case of Chandok v. Klessig

A researcher makes the difficult decision to retract a published, peer-reviewed article after the original research results cannot be reproduced.

Sacking Social Media in College Sports

In the wake of questionable social media use by college athletes, the head coach at University of South Carolina bans his players from using Twitter.

Selling Enron

Following the deregulation of electricity markets in California, private energy company Enron profited greatly, but at a dire cost.

Snyder v. Phelps

Freedom of speech was put on trial in a case involving the Westboro Baptist Church and their protesting at the funeral of U.S. Marine Matthew Snyder.

Something Fishy at the Paralympics

Rampant cheating has plagued the Paralympics over the years, compromising the credibility and sportsmanship of Paralympian athletes.

Sports Blogs: The Wild West of Sports Journalism?

Deadspin pays an anonymous source for information related to NFL star Brett Favre, sparking debate over the ethics of “checkbook journalism.”

Stangl & the Holocaust

Franz Stangl was the most effective Nazi administrator in Poland, killing nearly one million Jews at Treblinka, but he claimed he was simply following orders.

Teaching Blackface: A Lesson on Stereotypes

A teacher was put on leave for showing a blackface video during a lesson on racial segregation, sparking discussion over how to teach about stereotypes.

The Astros’ Sign-Stealing Scandal

The Houston Astros rode a wave of success, culminating in a World Series win, but it all came crashing down when their sign-stealing scheme was revealed.

The Central Park Five

Despite the indisputable and overwhelming evidence of the innocence of the Central Park Five, some involved in the case refuse to believe it.

The CIA Leak

Legal and political fallout follows from the leak of classified information that led to the identification of CIA agent Valerie Plame.

The Collapse of Barings Bank

When faced with growing losses, investment banker Nick Leeson took big risks in an attempt to get out from under the losses. He lost.

The Costco Model

How can companies promote positive treatment of employees and benefit from leading with the best practices? Costco offers a model.

The FBI & Apple Security vs. Privacy

How can tech companies and government organizations strike a balance between maintaining national security and protecting user privacy?

The Miss Saigon Controversy

When a white actor was cast for the half-French, half-Vietnamese character in the Broadway production of Miss Saigon , debate ensued.

The Sandusky Scandal

Following the conviction of assistant coach Jerry Sandusky for sexual abuse, debate continues on how much university officials and head coach Joe Paterno knew of the crimes.

The Varsity Blues Scandal

A college admissions prep advisor told wealthy parents that while there were front doors into universities and back doors, he had created a side door that was worth exploring.

Providing radiation therapy to cancer patients, Therac-25 had malfunctions that resulted in 6 deaths. Who is accountable when technology causes harm?

Welfare Reform

The Welfare Reform Act changed how welfare operated, intensifying debate over the government’s role in supporting the poor through direct aid.

Wells Fargo and Moral Emotions

In a settlement with regulators, Wells Fargo Bank admitted that it had created as many as two million accounts for customers without their permission.

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legal ethics

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Legal ethics broadly refer to the unique responsibilities of lawyers and the legal system given the important role and influence they have in society. Because of their role and their close involvement in the administration of law, lawyers are subject to special standards, regulation, and liability. Most commonly, legal ethics refers to these rules of professional responsibility : the actual responsibilities lawyers must follow by law such as client confidentiality. However, legal ethics can also refer to the discussion on broader moral principles that societies place on lawyers that may not be legally required. 

Professional Responsibility

The law governing the professional responsibility of lawyers, since they are admitted to practice by states, is largely governed by the law of each state. However, all states follow more or less the Model Rules of Professional Conduct created by the ABA , and federal courts and agencies set their own practice rules and apply specific rules like those in the Sarbanes-Oxley Act . While the laws of each state actually govern, the Model Rules and their comments greatly influence the decisions of courts applying professional responsibility laws. The Model Rules set mandatory and discretionary rules and principles on a wide variety of lawyer practice including: client confidentiality , conflicts of interest , fiduciary responsibilities , commingling , and general malpractice . Should a lawyer breach these rules, state courts and enforcement agencies have wide discretion to punish the lawyer and breaching some of the rules like conflicts of interest can impact the outcome of the lawyer’s matters. 

Broader Legal Ethics

Legal ethics can refer to a higher set of norms that lawyers should follow that may not be required by set legal rules. Many of the model rules try to include some of these broader principles. However, the model legal rules tend to be considered a floor of expected requirements of lawyers. Legal ethics can refer to the broader principles lawyers should strive for to ensure the protection and adequate representation of clients. While codes try their best to encourage ethical conduct of lawyers, the legal profession for centuries has struggled with balancing client protections with the often conflicting interests of lawyers and other clients. Thus, legal ethics often involves discussion of the ideals of lawyer conduct, irrespective of the mandates of legal rules.

Further Resources

For more information on the legal ethics rules and debates, see the Model Rules for Professional Conduct , this ABA Guide to State Ethics Resources , this Duke Law Guide to Legal Ethics Requirements , and this Notre Dame Journal of Law, Ethics, & Public Policy Article on the differences between and limitations of legal codes and ethical principles. 

[Last updated in March of 2023 by the Wex Definitions Team ] 

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Law and Ethics Assignment Help

You can get the best law and ethics assignment help at Esaay For All . We are an academic help platform anchored on professionalism to deliver quality services pegged on clients’ instructions and paper requirements. The interplay between law and ethics interacts in our routine lives. In most cases, law and ethics assignments require students to analyze the legal and ethical issues in a particular case. For instance, it entails evaluating if a particular decision would be legal or not and ascertaining tactics to avoid unethical situations. So, it is a very interesting topic where students learn about the United States’ laws, their origin, and history.

Equally important, you learn about the ethical principles guiding our society and their implication for your career as a lawyer. Ethics emphasize the moral beliefs or behavioral standards guiding what you do as a lawyer. It values honesty, loyalty, fairness, trustworthiness, and respect for other individuals’ rights.

A background understanding of law and ethics

Law and ethics are two sides of a coin. As a result, they go hand-in-hand, and none can exist without the other. For instance, there would be no ethics without law or vice versa. Law implies a system of rules governing society by defining what is legal and not lawful within a particular place and period. Contrariwise, ethics imply how an individual should act following those laws and rules.

So, without ethics, there is no reason for anyone to follow laws. As a result, lawyers specialize in both law and ethics by ensuring that people adhere to the rules set forth by society and uphold societal, ethical standards. So, a close nexus exists between law and ethics. Our law and ethics assignment helpers consider law and ethics as a foundational aspect of your legal education and remain essential in your future career as a lawyer.

The nexus between law and ethics, as defined by our law and ethics assignment help experts

Law and ethics are a foundational part of your legal education and remain core to your future career as a lawyer. For instance, it requires you to understand the significance of law in society, how people create laws, and the enforcement of laws. Therefore, lawyers must understand their ethical obligation. Different state bar associations outline qualities and values that define their interpretation of ethical considerations—for example, truthfulness, confidentiality, and diligence.

In addition to these basic principles, other areas of law require special attention, for example, in personal injury law, where lawyers represent people injured through their own fault. As a result, ethics and law remain pertinent areas of focus in law since they touch our routine lives through interactions with other people and how we conduct our businesses. Therefore, the topics prove complex to students since there are no “right” or “wrong” answers to questions about law and ethics.

Principles governing law and ethics

Law and ethics have no correct or wrong answers. As a result, students can justify their claims using morally acceptable principles. Most students feel overwhelmed with questions relating to law and ethics based on their complexity. However, our law and ethics assignment helpers outline certain principles you can use when you encounter difficult questions. The principles can help you navigate challenging questions involving law and ethics.

Accordingly, the principles can help determine the most appropriate course of action in a particular scenario. So, when starting your law practice, you need to understand the ethical guidelines regulating your profession and the general practice. The principles make it easy to know what to do in respective scenarios. The commonly used principles guiding law and ethics assignments include:

Principle of  Confidentiality

Confidentiality as an ethical principle under our law and ethics assignment help demands your client’s permission before you can share information with anyone else. For instance, sharing information with other lawyers or staff in your office. Equally important, your clients have the right to know their information made public, by whom, and to whom. So, confidentiality guides the practice of law and ethics. Confidentiality implies information shared between two parties and kept secret from third parties.

As a result, the principle is an integral legal concept because it allows lawyers to keep their clients’ secret information to offer more effective representation. The typical example of confidentiality entails client-attorney privilege. Clients can share any information with their attorneys without worrying about it being shared with others or used against them in court proceedings. Similarly, this principle requires lawyers to keep every piece of information given by their clients in top secrecy.

Principle of  Client representation

Client representation is the second guiding principle of law and ethics assignments. The principle asserts that our clients deserve the best possible advice and representation whenever they seek the services of an attorney. At Esaay For All , we embrace this principle by ensuring that clients remain our center of focus. As a result, whenever you reach out for our assignment help services, our writers will guide and offer your impeccable online law and ethics assignment help .

The ethical rules of the legal profession factor in the principle of client representation. The principle requires lawyers to represent their clients without regard to their personal interests or those of third parties. The core objective of this principle is to give clients honest and effective representation. Accordingly, this principle is synonymous with loyalty, advocacy, and fidelity. Therefore, it asserts a fundamental ethical obligation that lawyers owe their clients because it protects them from exploitation.

Principle of  Essence

The basic principles guiding law and ethics ensure that all persons get equal and fair treatment before the law. However, all these principles work hand-in-hand to promote justice for different parties. So, justice drives all the other principles in law and ethics. For example, justice champions equal treatment of all persons through dignity and respect. Equally important, justice requires all persons to access equal opportunities regardless of race, origin, nationality, religion, sex, and gender.

In addition, these fundamental liberties work to promote honesty, fairness, dignity, and respect for others and their rights. For example, you can treat people with dignity when at work or home with friends. You can apply the core value of honesty when talking to your boss or customers. This is why essayforall.org offers law and ethics assignment help to alleviate your homework burden.

The difference between law and ethics

Why trust our law and ethics assignment help.

Law and ethics are a foundational part of your legal education and remain core to your future career as a lawyer. At Esaay For All , we acknowledge various difficulties faced by students like you in writing your essays. As a result, we bridge the gap through our professional assignment writing services. If you are stuck with your ethics and law assignment, you can leverage our expert services to get impeccable results.

This platform promotes professionalism. Hence, we hire crème de la crème writers to tackle all the homework you order from us. Accordingly, we have a pool of expert writers offering round-the-clock services to ensure you get us whenever you need help. Therefore, you can contact us anytime you need assignment help because we deliver quality services consistently. Our writers have vast experience in their specializations; thus, they guarantee you nothing but the best.

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• Law and Ethics Assignment

Laws & Ethics What are laws and ethics? What are different types of abuse, neglect, and misappropriate ways to handle a resident’s belongings? What are the deferent types of roles of the nurse aide in securing informed consent prior to providing care to the resident? Enforcement of laws Is made possible by penalties for disobedience, which are decided by a court of law or are mandatory as written into the law. Penalties vary with the severity of the crime. Lawbreakers may be fined, imprisoned, or both.

Sometimes lawbreakers are sentenced to probation. There are two types of laws there are criminal; an offense against the public and civil; a relationship between the people. Ethics describe the knowledge of what is right conduct and wrong conduct, or knowing right from wrong. Code of ethics may differ from one facility to another, but revolve around the idea that the resident is a valuable person who deserves ethical Different types of abuse and neglect are Physical abuse is generally thought care. Include hitting, slapping, pushing, or striking with objects. In nursing homes, other types of actions have been included, such as improper use of physical or chemical restraints. Physical abuse also typically includes sexual abuse or nonsensical sexual Involvement of any kind. From rape to unwanted touching or Indecent exposure. The nurse aide’s role with securing informed consent prior to providing care to the resident must respect the fact that a resident has the right to make own self- determination.

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They report all resident observation and incidents & make sure they show empathy to each individual they provide care for. Concluding with nurse aides must remember to respect the fact that residents have the right to make their own decisions regarding all end of life decisions and may differ from nurse aides own personal ethics. They also have the right to request everything possible In order to prolong life. Reference: towpath. Incubi.

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• Media Law and Ethics

Media Law and Ethics - Assignment Example

• Subject: Law
• Type: Assignment
• Level: Undergraduate
• Pages: 3 (750 words)
• Downloads: 12
• Author: grempel

Extract of sample "Media Law and Ethics"

Media law and Ethics Qn1). The court’s decision had an impact on the US libel law. Initially, the court in Alabama ruled the case in favor of Sullivan, alleging that Sullivan did not have to prove the harm against him. The appeal by the New York Times to the Supreme Court reversed the judgment of the case. The verdict by the Supreme Court was in accordance to the first amendment which safeguards the release of public statements even when they are not true. The change of the ruling by Justice Brennan held the facts of the US constitution’s first amendment, which protects freedom of the press.

The Sullivan decision left questions on the applicability of the first amendment; protecting the press even under false claims can infringe personal rights. I support the majority opinion because there is more than one member of the court participating in the agreement to a decision. In addition, the members provide a description of the technique used to make a decision. Qn2 ). The sixth amendment of the US constitution states that criminal trials should be made public, and information published for the reason of defending the right of the offender.

In Bridges v. California, the court fined the defendant after finding him in contempt of court. Harry Bridges was alleged to have written a telegram to the labor secretary demanding to pend the case, failure to which he would have the union go on strike. An appeal to the Supreme Court found the fines imposed to the defendant unconstitutional. In Sheppard v. Maxwell, the defendant, convicted of murder, won a trial after his defense attorney managed to convince the court that the publication of the case by the media infringed rights for a fair trial.

This decision contrasts Bridges v. California where the Supreme Court finds involvement of the media a constitutional act. In Nebraska Press v. Stuart, the attempt to restrict exposure of information concerning the confession of the defendant was found unconstitutional. Qn3). The first amendment does not protect speech that involves incitement. This is because such speech can lead to unlawful action such as violence. According to the first amendment, obscene material is not liable for protection.

In Miller v. California, the defendant’s connection with sexually explicit material was an infringement of California statute. A speech that causes panic to persons in public places is unprotected. For example, a person claiming presence of a bomb in a public gathering may cause unnecessary panic. Other unprotected speech includes that which involves sedition and offensive speech. Qn4). The judge must analyze the statement of the first amendment in regard to freedom of press before making decisions to stop the press from making any release of information.

The judge must be aware of the impact exposure of information to the public has to the proceeding of the case. The court must investigate the impact of publication to the defendant. For example, there should be adequacy of knowledge of rights for a fair trial for the defendant. Qn5). The Daily constitutional should not run the story because the story will raise questions to the public of the importance of the operation. Bearing in mind, that the president has not yet approved the operation, public concern can influence the decision taken by the president.

Running the story can raise international concern over the US participation in such an operation. Contacting the CIA director would be a better action because he can advise the daily constitutional on the impacts of the publication. There is a liability of running the story in case the military files a case to the court. The espionage act sometimes applies to cases that intend to interfere with military operations. Publication of such information may land the editor to a court of law. The courts would rule in favor of the government.

This would be an exception to the first amendment which supports freedom of the press. In the United States v. progressive, there was a court injunction to prevent publication of information regarding the secret of the hydrogen bomb. Qn6). In for Zoffin to win the case, he will have to provide information regarding the publisher as neglectful of refusing to establish that the story was defamatory. Zoffin will have to prove that the story was malicious. Zoffin is a private figure because she has no job and does not have considerable contact with the public.

The court may rule the case in support of the plaintiff because the story has several similarities that target the plaintiff. Although the first amendment protects freedom of press, deformation is an exception. A trial is advantageous because it can lead to reduced charges. In addition, it can pave the way to negotiations leading to settlement of the case with fewer costs. Trial offers information to the opposing party, hence risks of defeat in the courts. Works cited NEW YORK TIMES v. SULLIVAN.

The Oyez Project at IIT Chicago-Kent College of Law. 08 October 2012. .

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Nurses face many challenges on a daily basis in their operations.  Not only do nurses provide the best possible care to their patients, but have to do so staying well within their ethical boundaries.  Understanding these boundaries can become complex in certain situations.  It is therefore an imperative for the nurses to have a sound knowledge in the ethical principles and code of ethics for nurses practiced in Australia. This is important, as this knowledge of ethical principles and code of ethics is used as an effective tool in decision making and clinical reasoning.  This academic essay will briefly discuss the ethical theories and how it relates to the ethical principles which help form the code of ethics of nurses in Australia.  This will be followed by the analysis of a complex case scenario of two patients regarding physical restraint and how ethical principles and code of ethics for nurses in Australia are applied to decision making.  This paper will also discuss different strategies that if used, would calm both patients without using physical restraint. The evolution of ethical principles is influenced by the ethical theories and philosophies dated back to the ancient Greek medieval times (Ozolins, & Grainger, 2015).  Some examples of these ethical theories are Utilitarianism, deontology, and virtue ethics (Ozolins, & Grainger).  Utilitarianism is a consequential theory that states that merit of one’s actions can only be determined by its consequence (Ozolins, & Grainger, 2015).  Deontology distinguishes right from wrong by following the correct rules, and the virtue ethical theory describes that by practicing being good, honest and brave, a person develops good moral character (Ozolins, & Grainger, 2015).  Based on these definitions, ethics can be viewed as a discipline which determines right or wrong in behaviour from how one behaves (Ozolins, & Grainger, 2015). These ethical perspectives have given rise to ethical practice that form the ethical principalism.  The most common ethical principles used in health care are those of autonomy, non-maleficence, beneficence and justice (Johnstone, 2016).

Autonomy refers to the ability of a person to make decisions according to their personal value, thus in the nursing practice, one should respect the rights of patients and individuals (Ye, Xiao, Yu, Wei, Wang, & Luo, 2018). Non-maleficence discusses that one should avoid causing harm towards others (Ye et al, 2018). Justice refers to benefits and risks which should be fairly distributed to all people, and beneficence defines that one should take steps to help others (Ye et al, 2018).  These ethical theories form the ground on which the code of ethics of Australia are based and practiced.  This code of ethics form part of a normative framework which establishes standards by prescribing the rules of conduct which the nurses are expected to follow (Johnstone, 2016). Referring to the case study regarding Mrs. Stock and Mr. Bogg who had impaired decision-making ability, three principles will be discussed.  Autonomy, beneficence and in Mrs. Stock’s case non-maleficence. The first principle autonomy states that one should respect the rights of an individual to make their own decisions about their health care (Ye et al, 2018).  In this case both Mrs. Stock and Mr. Bogg could not be allowed to give informed consent in regard to their care. It is clear that both the patients did not have a clear state of mind to understand the risk and benefits of the interventions  of restraint and therefore the clinical partners failed by acting on the situation without gaining informed consent and breaching both the patients’ autonomy (Ye et al, 2018).  This can cause an ethical dilemma unless the clinical partners can explain the reasons behind their actions (Ye et al, 2018). Both situations relate to the value statements displayed in the Nursing and Midwifery Board of Australia (NMBA) Code of Ethics for nurses.  Value statement two (VS2) states ‘Nurses value and demonstrate respect and kindness for self and others’ (The code of ethics for nurses in Australia [VS2], 2008).  Value statement five (VS5.2), states‘Nurses value the legal and moral right of people, including children, to participate whenever possible in decision-making.  ‘Nurses also recognises and respect the rights of people to engage in shared decision-making’ (The Code of ethics for nurses in Australia [VS5.2], 2008). Furthermore, the clinical partners owe a duty of beneficence to Mrs Stock and Mr Bogg by using their clinical interventions, as it would result in a positive outcome (Ye et al, 2018). This could be seen that by physical restraining Mrs. Stock in order to obtain a urine sample via an in/out urinary catheter, her diagnosis could be confirmed, and the correct treatment supplied to improve her confusion and well-being could be taken depicting a positive outcome (Ye et al, 2018). In Mr Bogg’s situation the principle of beneficence was the best course of action to take regarding restraint as a protective intervention to minimise the risk of harm towards him and the rest of the health care team following his intoxication and not being co-operative.  This situation is displayed in the Code of ethics of nurses in Australia value statement six (VS6.1) that states ‘Nurses value a culture of safety and recognises and avoid situations where their ability to deliver quality care may be impaired (The Code of ethics of nurses in Australia [VS6.1], 2008). In addition to beneficence in Mrs Stock situation, non-maleficence can act as a side effect to physical restraint (Zeller, Nordstone, & Wilson, 2017).  Even though Mrs. Stock was confused it can be argued that she could still have a sense of understanding towards her situation.  Her clinical intervention was to insert a urinary catheter to obtain a urine sample which is an invasive procedure. This could have caused psychological trauma to Mrs. Stock which in future can prevent her returning to hospital for treatment (Zeller, Nordstone, & Wilson, 2017). This situation relates to the Code of ethics for nurses in Australia value statement two (VS2.2), ‘Nurses recognise the vulnerability and powerlessness of people in their care.  The power relativities between a person and nurse can be significant, particularly where the person has limited knowledge experiencing pain and loss of self-determination (NMBA Code of ethics of nurses in Australia [VS2.2], 2008). There are strategies that can be used to prevent physical restraint; however it is an area that lacks resources and education (Carlson, & Hall, 2014).  Healthcare workers need to practice their self-awareness in order to recognise their strength and weaknesses.  Characteristics of strengths can include:  staying calm, being respectful, and practicing empathy while caring for patients, particularly for those who are confused to result in positive outcomes (Carlson, & Hall, 2014).  This strategy would be a suitable strategy in the case of Mrs. Stock.   In Mr. Boggs situation where intoxication is administered a result of aggression, it is important to learn the triggers of an aggressive and aggravated patient that can lead to danger.  Triggers to look out for include:  changes in facial expression, tone of voice, tension in shoulders and fist clenching (Carlson, & Hall, 2014).  Positive strategies such as de-escalation which relate to staying calm and not verbally threatening the patient, whereas non-verbal de-escalation include: body stance, maintain eye contact and personal space (Carlson, & Hall, 2014).  

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Other positive strategy is the use of a familiar person or family member known to the patient to assist in the de-escalating process (Spencer, & Johnson, 2016).  If all else fail to work on the aggressive patient, then an effective strategy of seclusion can be used as a last resort before using physical restraint.  Seclusion refers to locking a patient alone in a room that he or she cannot leave without the assistance of staff (Kuivalainen, Vehviläinen-Julkunen, Louheranta, Putkonen, Tiihonen, & Tiihonen, 2017). In summary, it is important for nurses to have a thorough knowledge of the ethical principles and code of ethics developed for nurses in Australia.  These frameworks will guide nurses to work within their ethical practice and prevent dilemmas.   Furthermore, nurses and healthcare workers need to use effective strategies to prevent physical restraint wherever possible, and only use restraint in the face of imminent danger.

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• Restorative Justice : Restorative justice refers to justice that takes both victims and offenders into account. The best way to deal with crime and criminality in society is the main topic.
• Transformative Justice : Transformative justice is a philosophical approach that addresses disputes and concentrates on solutions, not a principle per se.
• Retributive Justice : Like restorative justice, it is likewise concerned with crime, but it focuses less on the crime itself and more on the best way to punish.
• Commutative Justice : Commutative justice describes the situation that arises from a free and equitable exchange.

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US Judge Shopping Curb Thwarted as Texas Court Resists (3)

By Jacqueline Thomsen

A Northern Texas federal court that has come under fire for judge shopping practices by litigants won’t change its case assignment policies — leaving few other plausible pathways to address the issue.

Majority Leader Chuck Schumer (D-N.Y.) said Monday the “Senate will consider legislative options” after US Chief District Judge David Godbey told him in a letter that Northern District assignment rules would stay in place. However, partisan divisions make it unlikely that Congress could pass a bill addressing judge shopping.

“It’s hard to imagine legislation getting out of Congress—even though it should be a no-brainer,” said Stephen Vladeck, a law professor at the University of Texas at Austin School of Law.

That leaves a Supreme Court decision addressing the topic or a lengthy rulemaking process among the only viable paths for a nationwide curb, and there’s disagreement within the judiciary whether it even have the authority to adopt such a measure.

The Northern District in particular has been criticized for its case assignment policies that result in lawsuits being filed in certain divisions automatically being heard by specific judges. US District Judge Matthew Kacsmaryk, who hears all civil cases filed in Amarillo, in particular has seen his court become the focus of scrutiny over judge shopping, as conservatives file challenges there including one to the abortion pill mifepristone.

The federal judiciary’s policy-making body, the Judicial Conference, last month adopted a policy urging courts to change their case assignment procedures to avoid litigants filing in courts where they think they’re more likely to have a favorable outcome. In guidance issued by a judicial committee, district courts were told that cases seeking national or state-wide relief should be randomly assigned throughout the full district.

In the letter released Monday, Godbey wrote that he and the other judges in his district met on March 27, and the “consensus was not to make any change to our case assignment process at this time.”

Schumer had urged Godbey in a March 21 letter to adopt such a policy “as soon as possible.” The top Senate Democrat referenced a previous letter exchange with the judge, saying the “logistical issues” that were raised then wouldn’t apply here, as only a few civil cases would be affected by the change.

Some top Senate Republicans urged chief judges to ignore the policy when it was initially thought to be mandatory. In a follow-up letter to top judiciary officials also sent last week, Senate Minority Leader Mitch McConnell (R-Ky.) and others said they were “pleased that the judiciary has chosen not to interfere in the legislative process.”

A federal judiciary advisory committee is separately weighing a rule addressing forum shopping. However, during its most recent public meeting in January, members raised concerns that they might lack the authority to pass such a rule, but said they should keep studying the issue in case Congress decides to take action on it. A federal statute currently says that case assignment rules are set by chief district judges.

The Justice Department has pushed back against the idea the committee lacks the authority to create such a rule, and has argued that the courts could adopt a number of proposed policies to address judge shopping worries.

Amanda Shanor, assistant professor of legal studies and business ethics at the the Wharton School of the University of Pennsylvania, has called for such a rule to be implemented. She said that a binding rule can be created under an act that allows the Supreme Court to set the rules of procedure for federal courts.

“The actions of the Northern District of Texas clearly demonstrate that a rule is still needed despite the policy,” Shanor said.

Vladeck said that he thinks the focus might shift to the Supreme Court, either through its rulings or its role in changing the federal rules on how civil cases proceed through courts. “But the more the Northern District becomes an outlier nationwide, the more I have to think it’s only underscoring why random assignment is better for all involved,” he added.

To contact the reporter on this story: Jacqueline Thomsen in Washington at [email protected]

To contact the editors responsible for this story: Seth Stern at [email protected] ; John Crawley at [email protected]

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