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Tort Reform
Tort reform is very controversial issue. From the plaintiff’s perspective, tort reforms seems to take liability away from places such as insurance companies and hospitals which could at times leave the plaintiff without defense. From the defendant’s perspective, tort reform provides a defense from extremely large punitive damage awards. There seems to be no median between the two. Neither side will be satisfied. With the help of affiliations such as the American Tort Reform Association and Citizens Against Lawsuit Abuse, many businesses and corporations are working to change the current tort system to stop these high cash awards.
Various organizations working in favor of tort reform include the American Tort Reform Association and Citizens Against Lawsuit Abuse. These associations are working to change the current tort system to work to the advantage of the businesses. The American Tort Reform Association, also known as the ATRA, founded in 1986, is a “bipartisan coalition of more than 300 businesses, corporations, municipalities, associations, and professional firms (American Tort Reform Association )” such as Exxon and General Electric that work together to "bring greater fairness, predictability and efficiency to the civil justice system through public education and legislative reform”(American Tort Reform Association ). Based in the District of Columbia, the ATRA consists of a thirty-two member board of directors that keeps members informed about current tort reform issues. Due to their efforts, tort reform issues supported by the ARTA have been adopted in forty-five states as well as the District of Columbia. Some of the issues supported by the ATRA include punitive damages and medic...
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...tice and a tort reform would be necessary. However, as soon as a person becomes defenseless the tort reform has gone too far. The business world should never have an advantage over the public. They should always be equal and have the same opportunity to win and collect damages. In conclusion, tort reforms are necessary to the extent that the person and the corporation remain equal (Loomis).
Works Cited
American Tort Reform Association. “ATRA: About ATRA.” 12 November 2002
<http://www.atra.org/about/ >
Hargrove, Mary. “Collision of Values.” The Arkansas Democrat Gazette. 6 October
2002: A1. Online. LexisNexis Academic. 12 November 2002.
Loomis, Tamara. “Business Cases: Tort Reform and Others Top the US Supreme
Court’s New Term.” New York LawJournal. 228. Online. LexisNexis Academic. 12
November 2002.
Shapiro, David. Banking on Bondage: Private Prisons and Mass Incarceration. Rep. New York: American Civil Liberties Union, 2011. Print.
... law, government supervisors and to the public through the political system available. (Austin and Coventry, 2001). The private prisons are also answerable to the insurers, investors, competitors and the stockholders. Competition from other competitors therefore acts as a better mechanism for control which is not experienced by public prisons. The problem of funding and allocating space efficiently in the prisons would decrease if there were better markets that sell, buy and rent the prison cells. The private prisons are based in such a way that they have introduced factories behind the bars allowing them to reduce their costs and allowing the inmates to earn some money and pay in their own way and give back to the community where they resided. The public prisons do this to some extent which however cannot match that of the private prisons. (Silverman and Ira, 2001).
Jacobson, P. (1999, July/August). Legal challenges to managed care cost containment programs: an intital assessment. Courts & Managed Care, 69-85.
It is a contract between the governmentally controlled facility, where the private facility will bear responsibility for management and finance while the government will focus on sentencing, health care and drug treatments. According to the text, Corrections in the 21st Century by Frank Schmalleger, private prisons were outlawed during the early 1900’s but it came back into action when public prisons were over-populated and in a financial deficit. Many turned to private investment where the owner would regulate the facility while charging for each bed. Indeed, the business flourished and expanded to what we know today as private prisons. The three leading private facilities in the United States are Corrections Corporation of America, Wackenhut Corrections Corporation of America and Cornell Corrections Inc. The Corrections Corporation of America was the first private facility to develop and their goal was to lease beds to the government because their prisons were over populated. “Nearly ten percent of the United States prison have been privatized, housing almost 200,000 thousand inmates” (Barber, Corrections Project
When the average person thinks of a prison, what is often the thought that comes to mind? Perhaps an environment of reform is envisioned, or maybe a place for punishment. Maybe someone sees them as modern leper colonies, where countries send their undesirables. It could be that prisons are all of these things, or they could be none. With these ambiguities in the general definition of a prison it is easy to say that the everyday person could have no real critical perspective on what they truly are. That being said, if the average person were presented with Angela Davis’s perspective, and the perspective of many scholars, they may be shocked to learn what prisons truly are. This perspective presents prisons as a profitable industrial complex very similar to the military industrial complex. Like the military industrial complex, in the “prison industrial complex,” investors make large amounts of money off the backs of imprisoned inmates. It is interesting to note how similar these two systems are, with closer analysis; it seems to me as though one may have developed from the other. On another note, the prison industrial complex also appears to have a correlation with the globalization of labor; which makes it possible to assume that one contributed to the development of the other here as well. However, where the prison industrial complex’s roots lie is not as big an issue as the simple question of the morality of the practice. A person can know the history of the issue all they want but the important matter is addressing it.
The U.S. expends far more on healthcare than any other country in the world, yet we get fewer benefits, less than ideal health outcomes, and a lot of dissatisfaction manifested by unequal access, the significant numbers of uninsured and underinsured Americans, uneven quality, and unconstrained wastes. The financing of healthcare is also complicated, as there is no single payer system and payment schemes vary across payors and providers.
Private prisons in the United States, came about in the early 1980s when the war on drugs resulted in a mass wave of inmates, which led to the lack of the prison system’s ability to hold a vast number of inmates. When the cost became too much for the government to handle, private sectors sought this as an opportunity to expand their businesses through the prison industry. Since the opening of private prisons, the number of prisons and inmates it can hold has grown over the last two decades. With the rising number of inmates, profits have also substantially grown along with the number of investors. But what eventually became a problem amongst the private prison industry was their “cost-saving” strategies, which have been in constant debate ever
Healthcare can then be described as an activity or act geared to maintain health. This could be through provision of medical services or any other services that aims at maintaining good health. Healthcare is not necessarily provided when a person becomes sick or loses health but is progressive and should always be provided as a preventive measure. Healthcare system is the organization of people, institutions, and resources to deliver health care services to meet the health needs of the targeted populations. Therefore, we can say that these are systems put in place to meet healthcare needs of a particular population. There are several systems worldwide and in this case, we are going to focus on the US Health care system.
Zito, M. (2003, December 8). Prison Privatization: Past and Present. International Foundation for Protection Officers. Retrieved from http://www.ifpo.org/articlebank/prison_privatization.html
The Healthcare Reforms Act 2010 or the Affordable Care Act introduces the universal form of health care. The ACA seeks to reduce healthcare costs and allow people to be more engaged in their own health care. The ACA intends to make healthcare more affordable and increase access of health care by expanding government’s Medicaid program to the financially disadvantaged, such as the low income earners, disabled people and people over 65 years of age (Arvantes, 2010).
Fenwick states…’Prison conditions have steadily deteriorated, while at the same time, prison populations have dramatically increased throughout the Western world, in many cases leading to unsustainable overcrowding. This has led, in turn, to further deterioration in conditions. These structural circumstances coincide with the rise and spread of the economic strategies associated with globalization, including reduction of state budgets and privatization of state functions. Not surprisingly, elements of the private sector seized on the opportunity for profit presented by this “crime-control/ fiscal-crisis contradiction.” (Fenwick, C. 2005).p.258.
Shelden, R. G. (1999). The Prison Industrial Complex. Retrieved November 16, 2013, from www.populist.com: http://www.populist.com/99.11.prison.html
reimbursement determinations. As a result, the camaraderie among physicians has developed into a more aggressive approach to impede competition (Shi & Singh, 2012). Little information is shared with patients in regards to procedures or disease control. The subjects are forced to rely on the internet for enlightenment on the scope of their illnesses (Shi & Singh, 2012). Furthermore, the U.S. health care system fails to provide adequate knowledge on billing strategies for operations and other medical practices. The cost in a free system is based on supply and demand and is known in advance of hospital admission (Shi & Singh, 2012). The need for new technology is another characteristic that is of interest when considering the health care system. Technology is often v...
The Prison Reform Trust. (2013) Prison: the facts Bromley Briefings Summer. Available from: http://www.prisonreformtrust.org.uk/Portals/0/Documents/Prisonthefacts.pdf [Accessed 01 January 2014].
...ile the pandemic will absolutely leverage the rate of financial development, structural alterations are furthermore expected to be one of the prime economic hallmarks of the AIDS pandemic (Arndt 427-449). The effect of the HIV/AIDS epidemic can be visualized by the overwhelming change in mortality rate of South Africans. The yearly number of mortalities from HIV increased distinctly between the years 1997, when about 316,559 people died, and 2006 when an estimated 607,184 people died ("HIV AIDS IN SOUTH AFRICA"). Those who are currently assuming the burden of the increase in mortality rate are adolescents and young adults. Virtually one-in-three females of ages 25-29, and over 25% of males aged 30-34, are currently living with HIV in South Africa (UNAIDS). The good news, thanks to better supply of ARV treatment, is that life-expectancy has risen vastly since 2005.