There are some business relationships in Texas, and elsewhere, which may impose legal requirements of care and loyalty. These requirements may be referred to as a fiduciary duty. According to the Cornell University Law School’s Legal Information Institute, a fiduciary duty is a legal responsibility to act solely in the interests of another person, group or business. Failing to uphold these duties may be considered a breach of your fiduciary duties, which may lead to a business dispute. There are numerous examples of fiduciary relationships. For example, an investment manager might owe a fiduciary duty to the participants in a pension plan. As a fiduciary, or someone who owes such a duty, you make take legal title to certain assets. However,
Local control is an important principle that should guide lawmakers in their consideration of bills that affect local government. The Texas Legislature has decided that the people of Laredo, Dallas, Houston, College Station Nacogdoches, Southlake, Harlingen, Sherman, Port Aransas, Fort Stockton and so many other cities across the State of Texas shouldn’t have the right to protect the communities they live in from the very real dangers that fracking and other oil and gas industry activities pose. This is an unprecedented retreat from Texas’ long tradition of local control. You have one that believes it is all about the money. As to where the other believe that it is more of a safety caring thing. Local governments are far superior
My Parent Involvement Philosophy; parent involvement is crucial force in children’s development, learning, and success at school and in life. Parent involvement means the participation of parents in regular, two-way, and meaningful communication involving student academic learning and other school activities including ensuring that parents play an integral role in assisting their child’s learning; parents are encouraged to be actively involved in their child’s education at school; and parent involvement and communication is crucial to a classroom. (Module 2: What is Parent Involvement? Project)
The law relating to spousal compellability. In 1940 Wigmore observed spousal compellability has a long history wrapped ‘in tantalizing obscurity’. Whereas Lord Wilberforce also states that to allowed a spouse to give evidence would rise to discord and perjury of the law which would be to ordinary people repugnant . These are two distinct opinions highlighting the fact that spousal compellability is a highly debatable area of law. Under section 80 of the Police and Criminal Evidence Act 1984 spouses are non-compellable unless the offence is one which is specified. However this spousal compellability has sparked intense criticisms and renders the justification questionable. By utilising relevant source, academic opinions and case authority,
1. How much obedience and loyalty does an agent employee owe to an employer? What if the employer engages in an activity—or requests that the employee engage in an activity—that violates the employee’s ethical standards but does not violate any public policy or law? In such a situation, does an employee’s duty to abide by her or his own ethical standards override the employee’s duty of loyalty to the employer?
In the authors paper she explains that men also made the women responsible of being nurturing mothers and called their wives dutiful which makes me angry and I agree with the author that these men were considered male chauvinist at the time as well as the society. For example, women were not able to own any property even after a husband’s death the woman’s eldest son would be the owner of the property according to The Gilder Lehrman Institute of American History by: Marylynn Salmon. Now there is still a law similar today to this in the state of Texas. For example, if a man dies before his wife, and does not leave a will Texas law says half goes to his children the other half hers. Which means she still has no control over her family affairs business wise.
Maria Macias #1883712 2017SP GOVT 2306-73434 Local Control in Texas May 2, 2017 Local Control in Texas Do you know the difference in power between state legislature and local control? Let me begin by giving you some background information. 1 According to Konni Burton, “Counties, cities, and all manner of special purpose districts (which include our independent school districts) are creations of the state government. They exist at the sole discretion of the state; receive their responsibilities, powers, and restrictions from the state; and are subject to the direction of the state.” (Burton) In Texas, there are many municipalities which are known as “home-rule” cities which have a “population of more than 5,000 that has, in accordance
Stewardship is a job for government officials to make sure and protect the public good. The information provided regarding the integrity grade and stewardship should go together, but from reading the article, it is obvious that stewardship is not actually being used in Texas. The governor of Texas has been corrupted and indicted for one reason or another. It is shameful to know that due to their personal mistakes of either using their power wrongfully, be drunk while driving, or be indicted for fraud could effect in the state they represent. I can see that at least Texas is good at state budget processing with a grade A. Even though the legislative, executive and judicial systems should work separately in accountability to meet their part
Statutory law is a type of law establish by congress. Many of the rules were approved by the Texas Legislature and directly affect education which are grouped in the Texas Education Code. The Texas Education Code is important because it is the law that applies to the daily operations of schools. It is also important because it also applies to detailed the duties and responsibilities of the School Board of Education, the Texas Education Agency, school boards, charter schools and school personnel. In the early 1980’s the Texas legislature took a sudden interest in the Texas Education Code and started changing or applying new mandates. As timed passes legislature noticed that that whatever they changed or implemented was not working so they decided
In 2013, a proposal was written by a branch of the Texas state government called the Sunset Advisory Commission (SAC). This proposal would, if made into law, deregulate 14,568 respiratory therapists (RTs) currently employed in Texas (Gaebler 6). This would mean that RTs along with 18 other programs would not have to hold a state license to practice their craft (Sunset 52). Deregulation may sound like a good idea on paper, however in practice, it is anything but. The potential negative outcomes in the form of patient harm and possible death would far outweigh any benefit. Deregulation of respiratory therapists in Texas began in the government as a proposal, was fought against by those who say the potential danger in the idea, then ended back in the government with a compromise that was written into law.
Case 37.5: Duty of Loyalty. Edward Hellenbrand ran a comedy club known as the Comedy Cottage in Rosemont, Illinois. The business was incorporated, with Hellenbrand and his wife as the corporation’s sole shareholders. The corporation leased the premises in which the club was located. Hellenbrand hired Jay Berk as general manager of the club. Two years later, Berk was made vice present of the corporation and given 10 percent of its stock. Hellenbrand experienced health problems, and moved to Nevada, leaving Berk to manage the daily affaires of the business. Four years later, the ownership of the building where the Comedy Cottage was located changed hands. Shortly thereafter, the club’s lease on the premises expired. Hellenbrand instructed Berk to negotiate a new lease. Berk arranged a month-to-month lease, but had the lease agreement drawn up in his name instead of the corporation. When Hellenbrand learned of Berk’s move, he fired him. Berk continued to lease the building in his own name, and opened his own club, the Comedy Company, Inc., there. Hellenbrand sued Berk for an injunction to prevent Berk from leasing the building. Comedy Cottage, Inc. v. Berk, 145 III.App.3d 355, 495 N.E.2d 1006, Web 1986 III.App.Lexis 2486 (Appellate Court of Illinois).
If you’re a business owner, you need to be the sole proprietor and have no employee other than your spouse. If your business is a partnership, it should have no employee other than self-employed partners and their spouses.
Divorce is hard on everyone, but no one is as devastated as the children. For this reason, the family law and child custody attorneys at Woods, May & Matlock work diligently to help families resolve their issues without going through a litigious process. Court is stressful, expensive and time-consuming. Our team of family law and child custody attorneys look for ways to help families reach a compromise without an ugly courtroom battle. For anyone looking for a family law attorney or child custody attorney in Frisco, TX who truly puts the health and well being of the family first, Woods, May & Matlock is the team to call.
In the case study B, “When ‘Best Interests of Client’ Harm a Third”, the ethical dilemma existing is best interest of client vs. obligation to nonmaleficence. According to the NASW Code of Ethics, there is no specific legal code that actually addresses the decision making dilemma. There is the legal code section 1.01, Commitment to Clients however, it does not effectively support and guide Suzanne’s worker in this particular case despite the discussion of the “responsibility to the larger society” (Workers, 2008) as well as, reporting “specific legal obligations” (Workers, 2008). It is Suzanne’s worker who has the primary responsibility to act in the best interest of Suzanne, but lacks in consideration and support of Suzanne’s younger sister. There is also, the legal code section 1.06 Conflicts of Interest part (d), providing “services to two or more people who have a relationship with each other” (Workers, 2008) however, it does not take into consideration that both Suzanne and her younger sister each have their own workers who are both employed with the identical agency. Needless to say, the worker made an accountable decision based on motivation to keep both Suzanne and her younger sister together, which would be beneficial to both siblings. By supporting and maintaining the sibling’s affiliation, it exemplifies a “source of continuity, identity, and security” (Rothman, 2013, p. 62), which is not only important for the bonding of both Suzanne and her younger sister, but
Fiduciary Principle. As part of the legal structure of a business organization, each officer and director of a company has a legal fiduciary duty to act in the best interest of the stakeholders and other employees within the firm. Furthermore, there is also an implied fiduciary duty for every employee within the organization to also act in a way that
Loyalty is one of the simplest moral traits to understand. Either someone is loyal, or they are disloyal—there are not many shades of grey in between. For this reason, loyalty is one of the most desired traits in our friends, family, and partners we have in our lives. Loyalty weaves hidden bonds among people that in some cases can never be broken. Such is the case of Pak Chesang, devoted servant of Nulji, 19th king of the Korean kingdom of Silla.