TheThreaded Discussionsare like mini-classroom presentations. Each week a question will be presented for your consideration. You must submit your first post by Thursday; posts two and three must be posted by Sunday. All three posts must be on three separate days, and must be supported by a reference (i.e. a citation to your source). Your posts should be very formal, with proper use of citations, grammar, and spelling. Casual conversations should be limited to the Open Bar.

This is the CRITERIA that your posts will be graded on:

• The depth of understanding you display
• The accuracy of your cites(citations are mandatory)
• Your writing skills (grammar / spelling)
• Proper word count(between 150 - 250 words ONLY)
• The quality of your interaction with other students in the discussion

Basic calculation of your grade:*

3 posts that meet the criteria

100

2 post that meets the criteria

90

1post that meets the criteria

80

3 posts that do NOT meet the criteria

75

2 posts that do NOT meet the criteria

70

1 post that does NOT meet the criteria

65

No posts at all, or ofopinionalone

0

* Note: This grading chart is a basic calculation for you to follow. Your final grade will depend on the effort shown, the actual number of posts submitted, and the quality ofinteraction.

Week 3 Law Talk Topic: At Will, Yes or No?

This week we will be discussing the "at-will" doctrine as it applies to the medical field. You should read Chapter 20 before proceeding with this assignment.

Scenario

Mr. Con Fused has been an employee at Regional Hospital for the past five years. His employment there was recently terminated. The reason for the termination was: Inability to follow instructions. However, Regional has adopted an "at-will" policy. So in reality, no reason has to be given for the termination. Never the less, Mr. Fused was very upset at his termination....so upset, that he went to the media with his story.

Scenario for Post 1

You work for the human resources department at Regional. The hospital attorney is preparing for a news conference regarding the termination of Mr. Fused. In an effort to help the attorney, you draft justifications for an "at-will" termination of a hospital employee. What are your reasons for supporting this policy? Your job is to convince the public that this is a necessary and useful policy.

Scenario for Post 2

Now you work for a public advocacy group that has decided to help Mr. Fused. You hold a news conference in response to the hospital's news conference. What flaws do you find in the hospital's position? Why is "at-will" wrong for the medical industry? Be sure to read through posts of your fellow students, then select the "hospital" post that interests you the most.

Scenario for Post 3

Now you choose. Read the posts submitted by the class. Which side seems more logical to you? Should the medical industry abide by an "at-will" doctrine? Why / why not? Be sure to cite to a fellow student's post.

Here is an example of a post that meets criteria:

Roe v Wade was decided in 1973. The Supreme Court at that time determined that a woman had a right to choose. One of the "underpinning" issues of Roe is a right to privacy. The right to privacy is addressed in the 1st, 4th, 5th, 9th, 13th and 14th Amendments.

The Supreme Court has reaffirmed Roe v Wade 38 times (1). In 1992, Casey v Planned Parenthood,14 F.3d 848, the Court ruled 5-4 to uphold the core of Roe v. Wade, the right to privacy. In this case, the Supreme Court stated, "the ability of women to participate equally in economics and social life of the Nation has been facilitated by their ability to control their reproductive lives and that this ability to control their reproductive lives was enough of a reliance to sustain Roe."(2). This conclusion by the court specifically affirmed the doctrine stare decisis as it applies to Roe v Wade.(3)

In my opinion the original ruling in 1973, 38 reaffirmations, the 1992 affirmation of Roe v. Wade doctrine of Stare Decisis , the rights to privacy as indicated above, along with the fact that this law has become a law that has come "to be relied on"(4), makes it obvious that this is "settled law". However, Judge Alito's refusal to commit to one side or the other, has enabled him to avoid hanging himself with either the pro-life or the pro-choice side. In my opinion, Judge Alito is not correct in his refusal to acknowledge Roe v Wade as settled law.

1. & 4.)www.talkleft.com
2. & 3.)www.democracynow.com

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