Mass Incarceration in the Age of Color Blindness The new Jim Crow
What was the impact of Jim Crow laws and policies on the lives of black people in the South before the Civil Rights Movement?
Mass Incarceration in the Age of Color Blindness
How does this relate to the status of blacks today?
Under which president did the War on Drugs begin? In what ways was it part of a political strategy rather than an anti-crime program? How did these strategy enable racial bias? What role did federal funding have in focusing the War on Drugs on black, urban poor people?
Discuss the ways in which the Supreme Court allowed racial bias to flourish in the War on Drugs? How does the interpretation of law affect implementation of policy? What could affect the variation
Police Brutality Effect on People and Society Using at least 3 theories and 2 concepts throughout paper to explain how the social issue has a effect on people and society. A recent case study also needs to be included in the paper to support the issue or introduce a strategy to combat the social issue.
Police Brutality Effect on People and Society
Theories to choose from as follows Levinson’s theory, Carl Roger’s theory, the big five theory, Maslow’s theory, Erickson’s Theory, Sheehy’s theory, Expectancy theory, psychoanalytical theory, McGregor’s theory X/theory Y. And for concepts at ;east 2 of the following self esteem, self-efficacy, self respect, self perception, defense mechanisms. Times roman 12 font, 1/2 inch margins all around MLA format.
Racial Profiling Is Morally Justified
Make an argumentative essay explaining why racial profiling is justifiable, using the the references and outline as possible arguments.
Racial Profiling Is Morally Justified
You must apply Utilitarianism as the ethical theory to analyze the research question and thesis.
Research Question: Is racial profiling morally justifiable in law enforcement?
Thesis: Racial profiling is justified in law enforcement.
You Must Have:
1. A clear research question, stated in the introduction
2. A clearly stated thesis and a well crafted argument in favor of it.
3. A clear problem or case that forms a focal point for discussion.
4. An applied moral theory used in a way that makes it clear how that applying the theory to the facts of the case helps lead to your conclusion. Use the theory along with the method and the approached outline.
5. An objection to at least one element of your argument, and a reply to this objection (this maybe combined with number 2).
6. Effective and well-applied research.
7. Proper format, including correct margins, spacing, cover page, MLA format for bibliography and references and so on.
Racial Profiling Is Morally Justified References
Must also include: References (footnotes or parenthetical references) showing how you have used your research and a properly formatted bibliography.
This was the outline I did for the essay.
1. Racial profiling is morally justified.
a. For utilitarianism case, shows that to the fact that crime prevention increases the quality of life for almost everyone. It suggests that “the primary contributor’ to the harm involved in racial profiling” (Risse, 3).
b. Utilitarian and deontological considerations are as followed, the utilitarian belief regards profiling as contributing to the public good of crime control, as for the deontological line of argument aims to deny claims that profiling is objectified to discriminatory and unfair to persons whom its harm (Altman, 5-3).
2. Racial profiling and police abuse do not relate.
a. The majority of people’s attitudes towards profiling seem to rely on the on the way we view how much abuse occurs, police abuse and profiling “as we define it are different problems that must be assessed independently and that have different remedies” (Zeckhauser and Risse, 10).
Racial Profiling Is Morally Justified and Police Abuse
b. Profiling includes obvious circumstances of police abuse, or of overuse of race, so any reflection on any conditions under which race might be used legitimately in police tactics. It may be true that, given current conditions, it is impossible to use race as an information carrier without encountering massive problems of police abuse (Risse, 1).
3. Racial profiling benefits us more than it costs.
a. The cost-benefit argument is the benefit gained from racial profiling against what it cost in order to get the benefit. In this case the benefit here would be that it reduces crimes and the cost is the inconvenience of those screened.
b. Utilitarian considerations must certainly include the incremental harm inflicted by profiling. It would substantially small if most of the overall level of harm that seems to be caused by profiling is possibly described to be underlying causes. So, in a range of plausible cases, utilitarian considerations will support profiling (Risse, 16).
The Civil Rights Act of 1964 on Law against Discrimination Research
Research one of the specific laws from the list above. Then write a detailed research paper on the topic, which must include following information:
1) An introduction that includes what the law you researched and the prohibited practices and scope of the coverage of the law (e.g. ADA, ADEA, Title VII)
2) Explain the law including its protections.
3) What elements are necessary for a plaintiff to prove and what defenses may an employer assert.
4) The process for filing the claim.
5) The remedies available for plaintiffs.
6) At least five relevant business cases and their outcomes, cases should all focus on your topic, for example age, religion, disability, race.
7) Employer liability for actions of employees and/or customers.
8) Your opinion on the problem, the laws and their enforcement.
9) Your thoughts and ideas on what a business should do to protect itself from violating the law.
10) Conclusion
Multiple Source Essay #2 – Obedience to Authority
You’ve completed one researched argumentative essay for this course.
Multiple Source Essay Obedience to Authority
Before moving on to the final
project, another essay will help practice more of the research and argumentative methods you will
have to employ. For this essay, topics must be related to (or based upon) readings from the
Obedience to Authority chapter in WARAC. You will research and evaluate materials to help argue for
a particular position, solution to a problem, or cause behind a certain trend or phenomenon. In
addition, you will be required to use research to connect and support your argument, as well as
forward the discussion on your topic.
The Multiple Source Essay Obedience to Authority Assignment
Using the same research and argumentative methods employed in Essay 2, you will write a 4-5 page
essay, using 3-5 sources, to successfully and thoroughly detail a specific argument. While it may
seem like your topic choices are limited, I assure you they are not – they must simply relate to the
chapter material at hand. You must also address and respond to at least one opposing argument in
your essay. The basics of including opposing views/voices into your essay will be covered in class.
Unlike Essay 2, this essay does not require use of a source from WARAC. However, you may still use
the articles from the Obedience to Authority chapter if you so choose.
Also, when researching, do not simply do a Google search or use Wikipedia as a source! You may use
web sources, but these are better found via the Thompson library, or by looking at content on well
known and reputable websites (usually news stations, newspaper websites, or organization websites).
Topic Selection: Where to Begin?
As indicated earlier, it may seem like your topics are extremely limited, but topic selection not as
limited as it may seem. You can very easily take some current events and fit them into the
discussion from class and WARAC. Most of the issues we deal with in life have something to do with
power, authority, or disobedience. These following questions my help guide you in topic selection:
• Is there a system of authority in place? Who is in charge, and why?
• Are there any sort of legal issues, cultural conflicts, or power struggles between individuals or
groups?
• How does this issue relate to me? How am I influenced or impacted by power, authority, and
resistance?
A quick scan of recent events in the news is also very telling in regards to potential topics.
You’ll find if you simply keep your eyes and ears open, there are plenty of things to write about
for this essay.
Multiple Source Essay Obedience to Authority Paper Formatting
All formatting stays the same: 12 point Times New Roman Font; 1” margins on all sides of the paper;
double spaced throughout (including your Works Cited paper); and your last name and page number in
the upper right corner of every page. There are also no footnotes for these essays, unless you wish
to explain a complicated idea, concept, or term without taking up space in the body of your essay.
Otherwise, you need to stick to the MLA guidelines for citing things in-text.
Storings Argument against Civil Disobedience An essay about Storing’s argument against civil disobedient.
Storings Argument against Civil Disobedience
However, I would like to structure the essay on a
dialogue form and write a paragraph on how would Rawls defend civil disobedience using his argument and add real life or hypothetical examples. I have written two responses to Rawls with different colors. If you don’t mind, kindly write a
paragraph for Rawls as a response to Storing’s after each paragraph written for Storing. At the heart of the American character is a seeming paradox: America is a republic of laws, yet it has a long tradition of civil disobedience.
Federal Implications on Privacy Rights For this assignment, you will need to create an outline in a Word document that contains the following sections:
Introduction
What topic did you select? (Privacy Rights)
Federal Implications on Privacy Rights
What will be your main points and overall argument/thesis? (Hint: You should have three.)
Federal implications:
Point 1
What sources support your points?
Point 2
What sources support your points?
Point 3
What sources support your points?
Civil rights implications:
Point 1
What sources support your points?
Point 2
What sources support your points?
Point 3
What sources support your points?
Civil liberties implications:
Point 1
What sources support your points?
Point 2
What sources support your points?
Point 3
What sources support your points?
Conclusions:
What is the political future of this issue?
Constitutional amendment? Congressional legislation?
Disappear from public interest?
References:
Create a reference list for your sources according to APA style as outlined in the Ashford Writing Center. You will need to utilize at least three scholarly
sources, not counting your textbook, in this outline.
Limitation of Personal Beliefs by Government of China This paper has to use the references which from University of Delaware online library.
Limitation of Personal Beliefs by Government of China
(http://www.lib.udel.edu/db) Choose Academic OneFile. The paper must
discuss Buddhism and Falun Gong. The main point is that the government of China should not limit personal beliefs. Religious observance in China is on the rise. Amid China’s economic boom and rapid modernization, experts point to the emergence of a spiritual vacuum as a trigger for the growing number of religious believers, particularly adherents of Christianity and traditional Chinese religious groups. While China’s constitution allows religious belief, adherents across all religious organizations, from state-sanctioned to underground and banned groups, face intensifying persecution and repression.
Passing Legislation Congress and Action Problem Passing legislation in Congress amounts to a collective action problem where members of Congress must work together to pass legislation.
Passing Legislation Congress and Action Problem
What are some ways in which the party leadership can promote discipline within the ranks and ensure that its members will vote along party lines? In your answer, be sure to explain why.
1) 12 point font
2) Times New Roman
3) 11-inch margins all around
4) Course Information: Name, Date, Pols 155 ~ single spaced (Before/After spacing should be set to 0)
5) Title (Short Assignment #) ~double space between name/course info and body.
6) Body ~double spaced (Before/After Spacing between lines should be set to "0")
If using sources, cite paraphrases or quotes in parentheses.
A physician-hospital organization (PHO) consists of 15 hospitals – with 2,247 staffed beds – and approximately 500 physicians. The PHO operates in a very large section of south Georgia, including the cities of Valdosta, Tifton, Thomasville, Moultrie, and Waycross. The PHOs’ physician members represent approximately 90 percent of all physicians practicing in the region.
The PHO served as a vehicle through which competing hospitals and physicians could bargain collectively with health plans to obtain higher fees for themselves. The owner PHOs, member hospitals, and member physicians canceled contracts with payors and informed them that the PHO would be the sole entity through which they would enter into payor contracts. To contract with the PHO, payors allegedly have had to accept the fixed physician fee schedule and fixed discount of no more than 10 percent off hospital list prices.
1.Explain why this arrangement would be found “per se” illegal under the FTCs’ analysis.
2.What kind of actions could be taken to restructure this arrangement to avoid a determination that it is per se illegal?
3.Discuss the alternate FTC analysis that is applied to such cases if they are suspect but not found to be per se illegal.
Module Overview
Basically, managed care and managed care organizations (MCOs) was championed as a powerful force for containing healthcare costs. We will see that this is not necessarily the case. We will also see that managed care brings up a range of structural issues related to price fixing and market power.
In the United States after World War II, healthcare was based on an indemnity model or fee for service. In this case health insurers simply paid the bills for services ordered by physicians. These traditional plans provided few incentives for cost containment medical decisions.
Responding to the lack of cost containment measures in the indemnity model, private insurers began to “manage care” by exerting influence on the decisions made by physicians. Managed care is the process of structuring or restructuring the healthcare system in terms of financing, purchasing, delivering, measuring, and documenting a broad range of healthcare services and products.
Sometimes this process of restructuring took the form of bureaucratic rules, e.g. requiring physicians to seek administrative approval before proceeding with certain procedures. In other cases, financial incentives were used to shape physician behavior. By the mid 1990’s, “managed care” had become the dominant form of private sector health insurance.1
Today managed care organization (MCO) is a general term used to describe any number of health insurance arrangements that are intended to reduce unnecessary healthcare costs through a variety of mechanisms, including: economic incentives for physicians and patients to select less costly forms of care; programs for reviewing the medical necessity of specific services; increased beneficiary cost sharing; controls on inpatient admissions and lengths of stay; and the intensive management of high-cost healthcare cases.
Managed care organizations are structured with an imperative to consider both the impact on costs and also the impact on doctors’ decisions whether to join their networks.
These considerations by MCOs to both contain costs and attract physicians are influenced by the values and practices that physicians bring to healthcare. Physicians want to earn a living but not at the risk of endangering the lives they are meant to serve. These healthcare values held by physicians pose a strategic dilemma for managed care organizations needing to contain costs and attract physicians to assemble provider networks.
Low cost MCOs with contract restrictions on spending are seen as highly restrictive. On the other hand, MCOs with large physician networks write cost containment rules into contracts that are not overly burdensome.
It is interesting to think about how MCOs balance competing interests and ethical issues in cost containment, physician ideals, and quality of care.
There are a wide variety of managed care models that integrate financing and management with the delivery of healthcare services to an enrolled population.
Health Maintenance Organizations: HMOs are organized healthcare systems that are responsible for both the financing and the delivery of a broad range of comprehensive health services to an enrolled population. HMOs act both as insurer and provider of healthcare services. They charge employers a fixed premium for each subscriber. An independent practice association (IPA)-model HMO provides medical care to its subscribers through contracts it establishes with independent physicians. In a staff-model HMO, the physicians would normally be full-time employees of the HMO. Individuals who subscribe to an HMO are often limited to the panel of physicians who have contracted with the HMO to provide services to its subscribers.
Preferred provider organizations (PPOs) are entities through which employer health benefit plans and health insurance carriers contract to purchase healthcare services for covered beneficiaries from a selected group of participating providers. Most states have specific PPO laws that directly regulate such entities.
Exclusive provider organizations (EPOs) limit their beneficiaries to participating providers for any healthcare services. EPOs use a gatekeeper approach to authorize non–primary care services. The primary difference between an HMO and an EPO is that the former is regulated under HMO laws and regulations, whereas the latter is regulated under insurance laws and regulations.
These integrated health delivery organizations raise a variety of issues with the Department of Justice and the Federal Trade Commission. The issues include price fixing and antitrust problems based on market power.
Depending on how the groups are organized- horizontal versus vertical- and who is integrated- competing physician groups or a multi provider network a MCO may violate several antitrust laws.
Whenever an MCO possesses significant market power or deals with a group that has significant market power, antitrust implications should be considered. To determine market power, it is necessary first to identify the market in which the entity exercises power. For antitrust purposes, the relevant market has two components: (1) a product component and (2) a geographic component.
Price fixing is considered a per se violation of the antitrust laws. Per Se Violations conclusively violate antitrust laws and means there is no further investigation of its effects on the competitiveness of the market because its intentions are so obvious. A Per Se Violation would almost always limit competition and decrease productivity. Activities that fall under per se violations are acts such as horizontal price fixing and horizontal market division.
Price fixing occurs when two or more competitors come together to decide on a price that will be charged for services or goods. The per se rule applies to restraints in trade that are so inimical to competition and so unjustified that they are presumed to be unreasonable and, therefore, are illegal.
1Aaron, Henry J. and Reischauer, Robert D., (1995) “The Medicare Reform Debate: What is the Next Step?” Health Affiars. 14:4. p.8-30
Required Reading
D.A. Mains, A. Coustasse, K. Lykens: Physician Incentives: Managed Care and Ethics. The Internet Journal of Law, Healthcare and Ethics. 2004 Volume 2 Number 1. DOI: 10.5580/24ae – See more at: http://ispub.com/IJLHE/2/1/12416
Managed Care and Physician Incentives: The Effects of Competition on the Cost and Quality of Care. David J. Cooper and James B. Rebitzer. March 2004. http://myweb.fsu.edu/djcooper/research/managedcare.pdf
Diagnosing Physician-Hospital Organizations. Susan A. Creighton. Federal Trade Commission Remarks Before American Health Lawyers Association, Program on Legal Issues Affecting Academic Medical Centers and Other Teaching Institutions. January 22, 2004. Washington, DC. Retrieved from: http://www.ftc.gov/public-statements/2004/01/diagnosing-physician-hospital-organizations
Statement of department of justice and federal trade commission enforcement policy on multiprovider networks; Federal Trade Commission; Competition in The Healthcare Market place; Statements of Health Care Antitrust Enforcement Policy; Statement 9. (July 8, 2009). Retrieved from: http://www.law.uh.edu/faculty/jmantel/health-law/Statement9AntitrustEnforcementPolicy.pdf
The above policy has been updated (Statement 9 on Multi-provider Network), Read the updates below:
The health care industry is rapidly changing as it seeks innovative alternatives to control costs and efficiency of the quality studies. There are various types of relationships as well as affiliations that ensure strong competitiveness among other competing healthcare providers. Most of the organizations provide significant competitive benefits to the service users. These multi-provider networks are platforms used by the providers to jointly market the healthcare services to the service users. In most cases, these ventures often contract to reach at predetermined prices in order to contain costs and to assure quality. The contractual relationships among the providers operate and vary greatly. In this statement, the Federal Trade commission (FTC) protects the American consumers through antitrust law (David and Rebitzer, 2004).
The FTC analysis states that it is not illegal “per se” to have a naked arrangement among the providers that predetermine or fix prices so as to allocate markets. Under the FTC’s analysis, the providers are allowed to get into a joint venture if the venture is necessary to achieve precompetitive benefits; and that the outcome of the network is to benefit the consumers. In this case study, the arrangement can be said as illegal “per se” it is evident that the PHO arrangements are unfair, deceptive and seems injurious to consumers because the prices demanded by the PHO is substantially higher than what the physicians and hospitals could have generated if they negotiated unilaterally (Creighton, 2004).
Although setting of the price is necessary and that it is integral to make such arrangements, the PHO have set fixed physician fee and the fixed discount which can be perceived as illegal based on the competitive effects because it negatively influence the vertical (between competing hospitals) and horizontal (between parties and physician) competition. This is because the PHO refused to deal with the individual health plans and instead collectively fixed the prices for the services. Therefore, the PHO was forcing payors to pay higher prices to member healthcare facilities and physicians, which would lead to increased cost of care. Therefore, the HPO arrangements can be viewed as illegal “per se” because: – a) they arranged for collective arrangements of fees and terms of the healthcare plans, b) performed collective negotiations and c) rejected or rather refused to deal with payors who insisted on their desired terms. These acts are harmful, anticompetitive and desecrated the FCT Act (Ettinger and Lasser, 2008).
Question 2: Actions to restructure this arrangement
It is important to reach a proposed settlement to reach the remedy of this illegal conduct. To start with, the first action is to file a complaint against the HPO, highlighting the FTC Acts that have been violated. If the complaint is investigated and found to be illegal, the Antitrust Division (DOJ) and Department of Justice will consult and enforce the antitrust laws so as to bring the civil actions. Secondly, it is important for FTC to revise its guidelines and ensure that all the healthcare providers understand the rules. This includes prohibiting respondents from facilitating any agreement between physicians a) to deal or refuse to deal with the payors, b) negotiate with payors on the behalf of physicians, c) determine the terms of deal and d) not deal with any payor individually or collectively. Another action that can be applied is the use of consent agreement. The consent agreement is meant for settlement purposes. The arrangement is meant to clarify issues of concern and to provide solutions. It does not become part of public records until it becomes accepted by the commission (Ettinger and Lasser, 2008).
Question 3: Alternative FTC analysis
According to the rule of reason and “per se” rule, the existence of monopoly is not an indicator of antitrust laws. There are interpreted statutes that apply to the Supreme Court that permit monopoly. For instance, the rule of reason permits monopoly unless it is achieved or maintained through use of prohibited conduct. Therefore, some acts can be determined as unreasonable per se, while other acts can be subjected to reasoned analysis. Therefore, it is important to examine the anticompetitive behaviors through a reasoned analysis so as to examine its motive, intent and outcome to determine if the action actually support or suppresses market competition (Improving Health Care, 2004).
In addition, in the revised policy statements in Health Care Antitrust Enforcement have introduced flexibility in the antitrust laws for analysis of activities physicians and other integrated networks. The revised policy recognize the aspect of “non-financial integration” in their new guidelines, elaborating on the types of “risk sharing arrangements” that qualify for financial integration and those that corresponds and fits into the existing antitrust enforcement (Federal Trade Commission, 2008).
References
Creighton, S.A. (2004). Diagnosing Physician-Hospital Organizations. Federal Trade Commission Remarks Before American Health Lawyers Association, Program on Legal Issues Affecting Academic Medical Centers and Other Teaching Institutions. Washington, DC. Retrieved from: http://www.ftc.gov/public-statements/2004/01/diagnosing-physician-hospital-organizations
David, J., C. and Rebitzer, J.B. (2004). Managed Care and Physician Incentives: The Effects of Competition on the Cost and Quality of Care. Retrieved from http://myweb.fsu.edu/djcooper/research/managedcare.pdf
Federal Trade Commission. (2008). Statement of department of justice and federal trade commission enforcement policy on multiprovider networks;; Competition in The Healthcare Market place; Statements of Health Care Antitrust Enforcement Policy; Statement 9. Retrieved from: http://www.law.uh.edu/faculty/jmantel/health-law/Statement9AntitrustEnforcementPolicy.pdf
