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Purpose of Assignment: The purpose of this assignment is to understand the liability employers or principals might have for the action’s agents and employeesCourse Competency: Evaluate agency and employment relationships
Instructions
Content:

A client, Arthur Krupke, has approached your supervising attorney about liability he may face when he opens a business, Krupke’s Consultants, in your state. The client will be hiring management consultants as employees to go into other businesses and advise them on how they can improve their operations. Particularly, the client is interested in learning about the liability he may face in the following scenarios
If his consultants were to enter into a bad contract
If his consultants were to enter into a bad contract outside of their authority to do so
If his consultants were to negligently cause a car accident while on the way to a client worksite
If his consultants were to negligently cause a car accident while at lunch

Agency Relationships

WHAT IS AGENCY?Agency relationships occur when one party (the agent) is authorized to act on behalf of another (the principal). The existence of an agency relationship can make the words or actions of the agent binding on the principal.
How are agency relationships created?An agency relationship is created by contract, operation of law, or by actions of the principal that give rise to an “appearance” of the agent being able to lawfully act on his/her behalf. Some types of agency relationships occur merely because of status (lawyer, spouse, employee, guardian, etc.) A contract or agreement to create an agency relationship may be express or implied, oral or in writing. A principal can appoint any competent person to act on their behalf. The following are some different types of agency relationships:
Agency by AgreementWhen agency is created by agreement, the scope of authority of the agent is determined by the express terms of the agreement. Additionally, authority of an agent may be implied to third parties based on conduct and course of dealings. If a principle knowingly fails to repudiate actions by an agent that exceeded the scope of the agent’s authority, the principle is deemed to have ratified those actions.
Agency by EmploymentThe employer-employee relationship gives rise to agency. The employer is the principle and the employee is the agent. When an employee acts in a legal manner and as authorized by their employer, the employer (as principle) is liable to third parties for the actions of the employee (agent).
Independent ContractorsIndependent contractors perform tasks for principles, but exercise independent judgment in doing so and are not subject to the control of the principle. Independent contractors generally have specialized skills and use their own equipment and tools in performing tasks for principals. Accordingly, absent an express, written indemnification agreement, principals are generally not liable for the actions of independent contractors that occur during the course of the relationship.

DUTIES OWED BY AGENT TO PRINCIPALAn agent is required to be loyal to the principal and cannot act in a manner that is inconsistent with the interests of the principal. An agent is required to obey instructions of the principal, as long as they are not illegal. An agent must disclose all relevant facts to the principal. They must preserve confidential information of the principal and not disclose it to others, absent the express consent of the principal. An agent must also be diligent and exercise due care in acting on the principal’s behalf. Finally, an agent must account to the principal for all monies and resources used in the agency undertaking.
Duties Owed by Principal to AgentA principal owes the agent the duty of good faith and fair dealing. This means that the principal must be truthful with the agent and seek to fulfill all aspects of their agreement. The principal owes the agent the duty of remuneration and must pay the agent according to their agreement. Absent an express agreement in writing to the contrary, a principal also owes an agent the duty of indemnification – so long as the agent acts legally, within the scope of the agency agreement, and on behalf of the principal, if a third party seeks damages for the actions of the agent, the principal must make the appropriate payment to the third party.
Duties between Principals and Independent ContractorsThe duties between a principal and independent contractor are generally set forth in a written agreement. In some relationships, such as with lawyers, physicians, realtors, or other licensed professionals, codes of ethics and statutes may impose additional duties on independent contractors.

LIABILITY
Tort Liability of Principals for Actions of AgentsWhile an agent may be held personally liable for acts of negligence, if those acts were committed during the course of the agent undertaking a duty owed to the principal, the principal may also be held liable for the acts of the agent. Principals are generally NOT liable for intentional torts committed by agents during the scope of agency or employment, however.
Contract Liability of Principals for Actions of AgentsIf an agent acts within the bounds of the actual authority given to them by the principal and commits to a contract on the principal’s behalf, the principal is liable to the third party for the contract. If, however, the agent exceeds the scope of authority, the principal cannot be held liable for a contract with a third party unless the principal expressly ratifies the contract.
Defenses of Principals to Liability Claims by Third PartiesThe liability of principals to third parties in contract or for torts committed by agents, employees, or independent contractors is not absolute. The following are defenses that may be raised by a principal to avoid or limit liability for acts committed by agents, employees, or independent contractors:

The acts giving rise to liability were committed outside the scope of agency or employment or independent contractor agreement.
The acts giving rise to liability were committed by the agent, employee, or independent contractor occurred as part of a “frolic and detour” from the prescribed acts that were supposed to occur.
The acts giving rise to liability were committed by the agent, employee, or independent contractor occurred as part of the act of “coming or going” from work for the principal and was not part of the actual work itself. 

Agency Relationships

WHAT IS AGENCY?Agency relationships occur when one party (the agent) is authorized to act on behalf of another (the principal). The existence of an agency relationship can make the words or actions of the agent binding on the principal.
How are agency relationships created?An agency relationship is created by contract, operation of law, or by actions of the principal that give rise to an “appearance” of the agent being able to lawfully act on his/her behalf. Some types of agency relationships occur merely because of status (lawyer, spouse, employee, guardian, etc.) A contract or agreement to create an agency relationship may be express or implied, oral or in writing. A principal can appoint any competent person to act on their behalf. The following are some different types of agency relationships:
Agency by AgreementWhen agency is created by agreement, the scope of authority of the agent is determined by the express terms of the agreement. Additionally, authority of an agent may be implied to third parties based on conduct and course of dealings. If a principle knowingly fails to repudiate actions by an agent that exceeded the scope of the agent’s authority, the principle is deemed to have ratified those actions.
Agency by EmploymentThe employer-employee relationship gives rise to agency. The employer is the principle and the employee is the agent. When an employee acts in a legal manner and as authorized by their employer, the employer (as principle) is liable to third parties for the actions of the employee (agent).
Independent ContractorsIndependent contractors perform tasks for principles, but exercise independent judgment in doing so and are not subject to the control of the principle. Independent contractors generally have specialized skills and use their own equipment and tools in performing tasks for principals. Accordingly, absent an express, written indemnification agreement, principals are generally not liable for the actions of independent contractors that occur during the course of the relationship.

DUTIES OWED BY AGENT TO PRINCIPALAn agent is required to be loyal to the principal and cannot act in a manner that is inconsistent with the interests of the principal. An agent is required to obey instructions of the principal, as long as they are not illegal. An agent must disclose all relevant facts to the principal. They must preserve confidential information of the principal and not disclose it to others, absent the express consent of the principal. An agent must also be diligent and exercise due care in acting on the principal’s behalf. Finally, an agent must account to the principal for all monies and resources used in the agency undertaking.
Duties Owed by Principal to AgentA principal owes the agent the duty of good faith and fair dealing. This means that the principal must be truthful with the agent and seek to fulfill all aspects of their agreement. The principal owes the agent the duty of remuneration and must pay the agent according to their agreement. Absent an express agreement in writing to the contrary, a principal also owes an agent the duty of indemnification – so long as the agent acts legally, within the scope of the agency agreement, and on behalf of the principal, if a third party seeks damages for the actions of the agent, the principal must make the appropriate payment to the third party.
Duties between Principals and Independent ContractorsThe duties between a principal and independent contractor are generally set forth in a written agreement. In some relationships, such as with lawyers, physicians, realtors, or other licensed professionals, codes of ethics and statutes may impose additional duties on independent contractors.

LIABILITY
Tort Liability of Principals for Actions of AgentsWhile an agent may be held personally liable for acts of negligence, if those acts were committed during the course of the agent undertaking a duty owed to the principal, the principal may also be held liable for the acts of the agent. Principals are generally NOT liable for intentional torts committed by agents during the scope of agency or employment, however.
Contract Liability of Principals for Actions of AgentsIf an agent acts within the bounds of the actual authority given to them by the principal and commits to a contract on the principal’s behalf, the principal is liable to the third party for the contract. If, however, the agent exceeds the scope of authority, the principal cannot be held liable for a contract with a third party unless the principal expressly ratifies the contract.
Defenses of Principals to Liability Claims by Third PartiesThe liability of principals to third parties in contract or for torts committed by agents, employees, or independent contractors is not absolute. The following are defenses that may be raised by a principal to avoid or limit liability for acts committed by agents, employees, or independent contractors:

The acts giving rise to liability were committed outside the scope of agency or employment or independent contractor agreement.
The acts giving rise to liability were committed by the agent, employee, or independent contractor occurred as part of a “frolic and detour” from the prescribed acts that were supposed to occur.
The acts giving rise to liability were committed by the agent, employee, or independent contractor occurred as part of the act of “coming or going” from work for the principal and was not part of the actual work itself. 

Topic for part 1 is Discuss the role of the entrepreneur in the U.S. economy and describe the entrepreneurial profile.
Part 1(a)
Entrepreneurs play a vital role in economies across the world including the U.S. New business are bound to generate maximum jobs i.e., way more than large established businesses. They also bring efficiency to the system, as new businesses are nimbler in operations. Since entrepreneurs usually disrupt the market with new technology, they also end up bringing new job opportunities.
Entrepreneurs are of various shapes and sizes, anyone with a vision to create an impact in the world and run a business is an entrepreneur. It can be of any background and any industry. An entrepreneur tries to solve difficult problems and solve issues most easily and efficiently. They challenge the status quo and change the world with their ideas. Entrepreneurs are risk-takers and work passionately to ensure the success of their companies.
References
Gartner, W. B. (1988). “Who is an entrepreneur?” is the wrong question. American journal of small business, 12(4), 11-32.
Giacomin, O., Janssen, F., Guyot, J. L., & Lohest, O. (2011). Opportunity and/or necessity entrepreneurship? The impact of the socio-economic characteristics of entrepreneurs.
Hamilton, R. T., & Harper, D. A. (1994). The entrepreneur in theory and practice. Journal of Economic Studies.
Part 1(b)
The innovativeness of the entrepreneurs are what makes them crucial to the economy. First off, they create jobs for themselves and others. They affect the economy by creating new products, new ways to produce other products, and creating competition within their area of involvement (Kritikos, 2014). Another way they affect the economy is by being forward-thinking and creating new technologies.
An entrepreneur’s profile is that they create new businesses knowing the risks and uncertainty involved (Scarborough & Cornwall, 2019). An entrepreneur sees an opportunity and or a better way of doing something and are not afraid to pursue the opportunity. They also tend to do well with limited resources. Some of the characteristics of an entrepreneur are as follows but are not limited to self-confidence, comprehensive awareness, and a sense of urgency, to list a few (Staff, 2021).
References
Kritikos, A. S. (2014). Entrepreneurs and their impact on jobs and economic growth. Retrieved from IZA World of Labor: https://wol.iza.org/articles/entrepreneurs-and-the…
Scarborough, N. M., & Cornwall, J. R. (2019). Essentials of Entrepreneurship and Small Business Management. New York: Pearson.
Staff. (2021, June 30). Small Business Q&A – Start-Up. Retrieved from Making it: http://www.makingittv.com/What-is-the-profile-of-an-entrepreneur.htm
Topic for part 2 is: Explain why a business should seek to balance its economic, legal and social obligations.
Part 2(a)
 A business should seek to balance its economic, legal, and social obligations because this will lead to a more productive workforce and profitable business. The book sites the example of the Starbucks Coffee Company on page 45 which invested “$70 million…to help coffee farming communities around the world mitigate their climate change impacts…” (Lawrence 45). This was socially responsible, and no doubt led to an uptick in profits as those environmentally minded individuals chose Starbucks over other brands.  So, this shows a balance between the economic and social obligations. As for the legal obligations, Starbucks has a team dedicated to ensuring this is done within the confines of the law.
           Despite this good will of Starbucks, the real question is—should social responsibility be mandatory? An article in the Harvard Business Review states that the “main goal [is] to align a company’s social and environmental activities with its business purpose and values” (Harvard Business Review). So maybe Starbucks changed is purpose or values and saw the opportunity to make a global impact on the environment and their coffee supply chain, while evolving into a more socially responsible company. Bravo! I am more environmentally savvy after just completing the Environmental Science course here at Saint Leo and will now be patronizing Starbuck’s even more after learning of their global environmental efforts.
References
Rangan, V. Kasturi, Lisa Chase, Sohel Karim. (2015). The Truth About CSR. The Harvard Business Review. https://hbr.org/2015/01/the-truth-about-csr. Accessed 1 July 2021.
Lawrence, Anne T., James Weber. (2017). Business and Society: Stakeholders, Ethics, Public Policy. (15th ed.).                 New York: McGraw-Hill Education.
Part 2(b)
Often times businesses loose sight of the fact that business isn’t just business as the old adage says.  Business is in the business of making money and being profitable.  It wasn’t too long ago that we can recall the events that occurred around the company Enron.  I did an entire paper on the fall of this company and you might say it was the lack of balance with regard to the economy, legally and socially that caused them to meet their demise.  Their corporate officers lost all morality when they clearly had no regard for their shareholders and employees.  I mean stealing over a billion dollars without feeling any remorse is deplorable.  I am sure that in the early days of this company they never gave this a thought, but as things progress overtime, I suppose the these humans lost sight of the importance of the three issues that we speak of above.  Greed is a horrible evil that causes people to do evil things.  Their acts of greed forced innocent people who trusted their business to loose their life savings. Our core value of Integrity is so important in business, and no matter how successful a business may appear, it can quite possibly mislead and destroy many stockholders, employees, government, customers, suppliers, the community/public without always keeping in focus this core value of integrity.(Lawrence/Weber)
Works Cited:
Lawrence, A. T., & Weber, J. (2017). Business and Society: Stakeholders, Ethics, Public Policy (15th ed.). New York: McGraw-Hill
Part 3
“At around 8 p.m. on the evening on December 31, 2013, a mother and her two young children were walking home in San Francisco.  At a busy intersection, the family waited for the “walk” signal and then started across the street. Just then, an SUV made a right turn, striking all three members of the family in the crosswalk. The mother and her 5-year-old son were seriously injured. Her 6-year-old daughter was killed. The man behind the wheel of the SUV identified himself as a driver for the ride-hailing service Uber. Uber immediately distanced itself from the tragedy, saying that the driver was “not providing services on the Uber system at the time of the accident.” The family’s attorney contested this, saying that the driver was logged onto the Uber application, appeared on the system as available to accept a rider, and was interacting with his device when he struck the mother and children. In other words, the tragic incident had apparently occurred during the app-on gap—the driver was on the road with his Uber application activated but had not yet connected with or picked up a rider. So, who was responsible, the driver or the ride-hailing service? Uber was, in the words of a New York Times columnist, “the hottest, most valuable technology startup on the planet.”  The company was founded in 2009 as “everyone’s private driver,” providing a premium town car service that could be summoned online. In 2012, it rolled out UberX, a service that enabled nonprofessional drivers to use their own vehicles to transport riders. Customers could use the Uber app to hail a car, connect with a willing driver, watch the vehicle approach on a map, pay their fare, and receive a receipt, all on their smartphone. Uber provided the technology and took a commission on each transaction. Uber’s disruptive business model caught on rapidly. By mid-2014, Uber’s ride-sharing service had spread to more than 120 cities in 36 countries. In the United States, the ser-vice could reach 137 million people with an average pickup time of less than 10 minutes. Demand was growing so fast that Uber was scrambling to recruit 20,000  new  drivers, “”whom  Uber  called  “transportation  entrepreneurs,”  every  month.  Private investors were enthusiastic about the company’s prospects: Uber had attracted $1.2 billion in funding and was valued at $18.2 billion. Drivers who partnered with Uber had the flexibility to drive when and as much as they wished. They could also make a decent living; the median annual income for its full-time drivers in San Francisco, for example, was about $74,000. But they also assumed risk. In the event of an accident, Uber instructed its drivers to submit a claim to their personal insurance carrier first. If it were denied, Uber’s backup commercial liability insurance would go into effect, but only after the driver had been summoned by a customer or had one in the vehicle. Traditional taxicab companies did not welcome competition from Uber. Cabdrivers in many cities across the world protested the entry of Uber into their markets,  conducting  strikes and “rolling rallies” charging Uber with unfair practices. Uber drivers did not have to comply with many of the rules that applied to taxicabs, such as those requiring commercial driver’s licenses, regular mechanical inspections, and commercial liability insurance. Governments at city, state, and national levels had become involved, with some imposing restrictions and others even banning Uber outright. In the wake of the 6-year-old’s death in San Francisco, California, legislator  Susan  Bonilla introduced a bill that would require Uber and other ride-hailing companies to provide commercial liability insurance from when the driver turned on the app to when the customer got out of the car, thus filling the app-on gap. The American Insurance Association, representing insurance companies, supported the legislation, saying that personal auto policies should not be expected to cover ride-hailing drivers once they signaled availability. “This is not someone commuting to work or going to the grocery store or stopping to pick their children up  from  school,”  a  spokesperson  said. The family of the girl killed on New Year’s Eve also supported Bonilla’s bill, as did consumer attorneys and the California App-Based Drivers Association. But  others  lined  up  in  opposition.  Uber and other ride-hailing companies strenuously objected to the bill, as  did  trade  associations  representing  high-technology  and  Inter-net-based firms, apparently concerned about increases in their costs of doing business. The bill, said an Uber spokesperson, was “an example of what happens when special interest groups distract lawmakers from the best interests of consumers and small businesses.”
1. Who is Uber’s relevant market and nonmarket stakeholders in this situation?
2.What are the various stakeholders’ interests? Please indicate if each stakeholder would likely support, or oppose, a requirement that Uber extend its insurance  to  cover  the  app-on gap.
3.What sources of power do the relevant stakeholders have?
4.Based on the information you have, draft a stakeholder map of this case showing each stakeholder’s position on the issue and degree of salience.  What conclusions can you draw from the stakeholder map?
5.What do you think Uber should do in response to the bill introduced by Susan Bonilla, and why.”
Only use websites as references. And also websites that are based in the United States. 
Also for part 3 Keep in mind to integrate the Saint Leo core values of Community and Respect that apply to this issue. Responses for each case discussion question should be in paragraph form and be approximately 250-300 words in length.
https://www.saintleo.edu/mission-values-identity

Respond to the Following:
What Decision did you take at the moment when the little girl and her father returned to the hide site? Why this choice, and not the other? 
The decision I made when the little girl and her father returned to the hide site was not to kill them even though the mission was compromised. It was a moral decision not to take the lives of civilians on the battlefield. I used the three lenses to develop my decision based on Rules, Virtues, and Outcomes. 
Upon reflection, how did you arrive at your decision – did rules, outcomes or virtues factor more into your choice and reasoning, and how so?
The Rules that were considered were the Geneva Convention, Rules of Engagement (RoE), Field Manuel 27-10 The Law of Landwarfare, Military Necessity, Proportionality, and Command Philosophy. Command Philosophy was the only rule that did not supersede Department of Defense Policy, meaning that subordinate unit leadership policy does not supersede the DOD policy. The outcome was either do nothing and retreat or kill them and deal with the consequences back home. Virtues were about moral and ethical decisions; what is right versus what is right for the mission was weighed in.
I arrived at my decision based on a mixture of Rules, Virtues, and Outcomes. Leaders will have to make the tough choice, but with the ethical reasoning model, leaders can choose the best decision for that situation. “Exercise disciplined initiative, take prudent risks, and be accountable for your decisions and actions.” (U. S. Army Website, 2021).
What legitimate arguments can you see for the other choice, and would you choose the same way if confronted with this or a similar dilemma again?
A legitimate argument I can see for the other choice, which was to kill the father and daughter, is that the decision not to put every member of the team and additional U.S. Soldiers at risk of danger and potential death from the Iraqi Forces. The mission was already compromised and, to some, a failure. The Army measures mission success when the mission is complete. Since the mission was already compromised, the mission was already over and failed, no reason to put others at risk from enemy fire. If I were to face the same dilemma again, I would choose the moral choice of not killing innocent civilians on the battlefield again. The outcome of killing civilians has greater second and third effects back in the U.S. from media coverage. Officials would face demotion or reprimand, and the individuals involved would face prosecution and potential jail time.
References:
BNS301M5.2: Ethical Failures of Leaders and Organizations. Excelsior College. (2021).
U. S. Army Website. (2021). Ethical Connections: Ethical Reasoning – The Patrol. CAPL News. https://capl.army.mil/videos/ethical-connections-ethical-reasoning-the-patrol.
RYAN NYLON replied:
Hello Dray and Class,
Thanks for sharing your thoughts on this exercise.  I totally agree with you that making an informed choice was an important aspect to this case.  In addition, having situational awareness on the ground as you described was instrumental in making an ethical decision.  In your opinion class, how would following rules of engagement only impacted the outcome of the final decision?  Besides the ethical lens, are there any other considerations that could have been taken into account that could of produced a better outcome?  Your thoughts class?
BRENNAN ALEXA WASHING replied:
Dray,
Thank you for your post this week; it was very insightful. I agree with your decision not to kill the girl and her father, as it goes against Article 3 of the Geneva Convention, Rules of Engagement, Law of the Land Warfare, and Proportionality (BNS301, n.d.). I also used rules, virtues, and outcomes to make my determination, as well as M5.2 Module notes (n.d.).
I agree that unit-level policy never supersedes Department of Defense policy; however, I believe that it often can feel like it should due to pressure from your leadership. Ground commanders must make ethical and moral decisions, even if it may bring them personal shame within the organization because of “mission failure.” In my personal experience with the military, as long as you can justify your decision, you will be somewhat ok.
Do you believe a better third option would be to tie the girl up or apprehend her until mission completion?
References:
BNS301 Decision Tree. (n.d.). Excelsior College. https://excelsior.instructure.com/courses/23225/pa…
M5.2 Module Notes. (n.d.). Excelsior College. https://excelsior.instructure.com/courses/23225/pa…
*********************END DISCUSSION 1********************
DISCUSSION 2:
ARMENIA JAN MURPHREE posted
Class,
What Decision did you take at the moment when the little girl and her father returned to the hide site? Why this choice, and not the other?? 
I chose to let the little girl and her father live, even though it compromised the mission and the safety of myself and my team. The reason I chose this was because of my own personal morals and those shared morals with my environment. If I were to have neutralized the little girl and her father, I personally would not have been able to morally accept that outcome.  
Upon reflection, how did you arrive at your decision – did rules, outcomes or virtues factor more into your choice and reasoning, and how so? 
I arrived at this decision because of multiple factors. The biggest being my own moral beliefs, but also because the little girl did not intentionally bring me harm. They did not try to shoot me, etc. Yes, the argument could be made that by them going back and telling others where we were, they were trying to harm us, but I do not view their harm immediate and warranting their lives ending at my (or my teams) hands. Also, the fact that hurting a child seems unfathomable and unjustifiable. Also, the upholding of the Geneva and the standards of my country and the world. Many people would not accept killing the little girl and her father, regardless of the mission or the fact that mine and my team’s safety would more than likely be compromised.  
What legitimate arguments can you see for the other choice, and would you choose the same way if confronted with this or a similar dilemma again? 
Arguments that I could see being made for the other choice are the safety of myself and the rest of our team, along with the protection of the mission. If I were to be confronted with this situation again, or a similar one, I would again go down the same path choice. The reason I say this is because of my own moral beliefs and standards for myself. I, personally, would not be able to justify taking their lives. 
Sources:
Bond, J. (2007). In Katrina’s wake: Racial implications of the New Orleans disaster (Links to an external site.). Journal of Race & Policy, 7–14 (15-23 optional).
Module Notes: Ethical Failures in Leaders and Organizations
The Center for The Army Profession and Ethic. (nd). Ethical connections: Ethical reasoning – the patrol (Links to an external site.). Fort Leavenworth, KS: Center for The Army Profession and Ethic (6:44 mins).
Waller, Douglas. (1991, June 17). Secret warriors (Links to an external site.). Newsweek, 117, 20-28 (Only the Segment: “Behind Enemy Lines”).
BRYAN ALEX ASHING replied:
Armenia,
Thank you for your post. I also chose to allow the girl and her father to stay alive – even if it compromised my mission. As trained special forces Soldiers, they take an oath to support and defend the constitution – at the risk of their own life. Non-combatants do not take an oath, nor did they sign up to give their lives for their country. In our previous 4.2 Module Notes (n.d.), it was stated that Service members who kill in battle are still moral beings; however, I believe killing (except for self-defense) civilians is immoral.
You stated that you chose not to kill the girl and her father, firstly, because of moral beliefs, but what if you were ordered to do it? Would you have killed them if it were an order?
In my post, I also stated that if I were to kill the girl and her father, a legitimate argument could be mission success and increased team safety. If you were presented with this choice again, would you temporarily apprehend the girl and her father?
References:
BNS301 Decision Tree. (n.d.). Excelsior College. https://excelsior.instructure.com/courses/23225/pa…
M4.2 Module Notes. (n.d.). Excelsior College. https://excelsior.instructure.com/courses/23225/pa…
M5.2 Module Notes. (n.d.). Excelsior College. https://excelsior.instructure.com/courses/23225/pa…
*********************END DISCUSSION 2********************
Here’s what I posted for you to review/reference:
I decided not to kill the girl and her father. I chose not to kill the girl and her father and abort the mission because I decided to adhere to the moral principles of the soldier ethic since I believe that the two individuals have dignity and their lives have value. According to the Center for the Army Profession and Ethic (2019), army professionals like soldiers are motivated and inspired to make the right decisions and take the right action in accordance with the moral principles of the Army Ethic. Even though I broke the rules of engagement (ROE), I followed the professional ethics of a soldier and the Geneva Convention. Moreover, if the leader of the force or an order from above told me not to kill the girl, I would obey the orders. After all, military officers from the lowest to highest ranks must follow orders (Dallek, 2010).
Upon reflection, I arrived at my decision by considering three aspects: virtues, rules, and outcomes. An ethical reasoning framework can help someone make the right decision and act on it (Center for the Army Profession and Ethic, 2019). Hence, the reason I decided not to kill the girl and his father because killing them in cold blood has a series of adverse outcomes, such as the press could use the death of the girl and her father as propaganda. Another aspect that I considered regarding my action is the thought that killing two innocent individuals is unfair and would violate the professional code of ethics, which is based on the virtues I hold. In addition, I also considered other rules like Geneva Convention and proportionality in my decision regarding the situation. The reflection of soldiers to normative ethics helps to foster understanding concerning roles and responsibilities (Ulrich, 2011).
On the other hand, one of the legitimate arguments that I could see if I decided to eliminate the girl and her father is obeying only the U.S. rules of engagement and military necessity. In point of fact, none of the terms of Geneva apply to U.S. conflict with an entity in any part of the world (Kakutani, 2008). Another legitimate argument would be proportionality; if the discovery of the girl and his father of our mission put numerous lives at risk or in danger, then I would take the other choice. The proportionality-based utilitarianism approach happens when one considers the best outcome for most people, and it is acceptable to sacrifice one life to save numerous lives (Center for the Army Profession and Ethic, 2019). Ultimately, I would take the same decision if confronted with this similar dilemma again as I put my moral principles first, among other aspects.
References:
Dallek, R. (2010, June 23). General uproar: The other Truman doctrine (Links to an external site.) (Links to an external site.). New York Times.
Kakutani, M. (2008, May 14). How Abu Ghraib became the anything-goes prison (Links to an external site.) (Links to an external site.). New York Times, E8.
The Center for The Army Profession and Ethic. (2019). Ethical connections: Ethical reasoning – the patrol (Links to an external site.) (Links to an external site.). Fort Leavenworth, KS: Center for The Army Profession and Ethic (6:44 mins).
Ulrich, M, P. (2011). The general Stanley McChrystal affair: A case study in civil-military relations (Links to an external site.). Parameters, 41(1), 86-100

PERSONAL 3-DAY DIET ANALYSIS FINAL PROJECTCourse Objective:Produce a quantitative and qualitative evaluation of their food intake to demonstrate application of valid nutrition and health information to make recommendations for dietary change.Submission Requirements1. Include Title Page, Table of Contents, & Reference Page2. Page numbers3. Spell and grammar checked, proofread.4. Submit 3 Day Average Report in Diet & Wellness Program. This must be done in order for yourFinal Project to be graded.Directions:Using the Diet & Wellness 3 Day Average Report, answer the questions on the following page about your diet. Use the report data to answer questions. Give exact amounts from your diet analysis report. Generalizations are not acceptable. Answer all questions using complete sentences. Your project may take any form you feel is fitting. Be creative! Remember you must be able to submit the project in an electronic format via Blackboard.Examples of how students have completed this project in the past include: • Writing a report• Writing a letter to yourself• Creating a presentation Composing Journal Entries Questions to Answer About Your DietMACRONUTRIENT RANGESUse the Macronutrient Range report within the 3 Day Average Report to help you answer the following questions.Describe your fat intake as compared to the recommendation to consume between 20–35 percent of your total energy intake? What percent of your calorie intake consists of fat? Compare the MACRONUTRIENT RANGES 3-day report with each individual day’s report. Is there one day that is particularly worse or better than the 3-day average? What foods account for the single day output being better/worse than the 3-day output?Describe your carbohydrate intake as compared to the recommendation to consume between 45–65 percent of total energy calories? What percent of your calorie intake consists of carbohydrate? Compare the MACRONUTRIENT RANGES 3-day report with each individual day’s report. Is there one day that is particularly worse or better than the 3-day average? What foods account for the single day output being better/worse than the 3-day output?Describe your intake of protein as compared to the recommendation to consume 10–35 percent of total energy intake. What percent of your calorie intake consists of protein? Compare the MACRONUTRIENT RANGES 3-day report with each individual day’s report. Is there one day that is particularly worse or better than the 3-day average? What foods account for the single day output being better/worse than the 3-day output? If your protein intake is higher than 35 percent, what foods could you choose less of to bring you within range? If your intake is lower, what foods would you add to your diet?MyPLATE ANALYSISUse the MyPlate Analysis Report within the 3 day Average Report to help you answer the following questions.Describe your intake as compared to the MyPLATE recommendations. Which food groups are you above the recommended daily intake? Which food groups are you below the recommended daily amounts? Which food groups are you within the recommended daily amounts? Suggest realistic changes you can make to better conform to the MyPLATE pattern.Have you met the minimum recommended fruit and vegetable intake? What percent of your goal have you met for fruits and vegetables? Think about fruit and vegetable food sources for the fat soluble vitamins (A, D, E, and K). What are some of these food sources that you could add to your diet?Have you met the recommended daily amount from the dairy group? If you did not meet the recommended number of dairy servings, you are probably not getting adequate calcium or vitamin D in your diet. Is this confirmed by comparing your calcium and vitamin D intake on the INTAKE VS. GOALS report? How deficient are you in these two nutrients? What foods can you eat to increase the intake of these nutrients?Look at your DAILY FOOD LOG for your 3-day intake. The MyPLATE recommendations for an individual who requires 2000 calories per day to aim for 2 cups of dark green vegetables, 1.5 cups of orange vegetables, 2.5 cups of dry beans and peas, 2.5 cups of starchy vegetables, and 5.5 cups of other vegetables each week. How are you doing at meeting these recommendations? Suggest foods in each category that you can consume to increase your vegetable intake.undefinedundefined2No amount of dietary saturated or trans fat is required for health. Using the FAT BREAKDOWN REPORT within the 3 Day Average Report, what are the percentages for saturated, monounsaturated, polyunsaturated, and trans fats in your 3-day average intake?In the MyPlate report, what is your empty calorie goal? Look over each of your day’s food log reports. Which foods provide empty calories?Breaking the information down further, consider the USDA recommends that no more than half of the day’s empty calories come from ADDED sugars. Which foods on your foods log reports contribute ADDED sugars? If you consumed substantial amounts of added sugars, suggest realistic ways to reduce your intake.INTAKE VS. GOALSUse the Intake vs. Goals Report within the 3 Day Average Report to help you answer the following questions.What information on the report most surprises you?Describe your fiber intake as compared to the recommended intake range (25-35 grams). What foods did you consume that provided at least 3 grams of fiber?Look for the essential fatty acid heading. How did your actual intake compare to the DRI goal?Most people in the United States eat a variety of foods that provide high-quality protein making it almost impossible not to meet protein needs. Were you surprised about the amount of protein you consume? What was your 3-day average protein intake in grams? What is your recommended DRI for protein? Was your protein gram values intake similar to the DRI recommended intake?The RDA for protein is .8grams/kilogram of body weight. Convert your weight to kilograms (weight in pounds divided by 2.2) and multiply by .8 to determine your protein requirement. What is your calculated protein requirement? Is this the same as the DRI recommendation?HowdidyouractualintakeofvitaminscomparetotheDRIrecommendationsforvitamins? Listthevitamins which have not met the DRI goals and list the vitamins that exceeded the DRI goals. Include foods that you can add to your diet to increase the intake of the vitamins that you were deficient in compared to the DRI goals.What is your DRI Adequate Intake for calcium? What percentage of your calcium DRI did you meet with the 3-day average?Sweatingduringphysicalactivitycoststhebodyelectrolytes–themineralssodiumandpotassiumarereleased in sweat. Is your electrolyte intake deficient, excessive, or within the DRI recommendations? Do you think your intake is sufficient to cover your needs for exercise? What conditions might change your electrolyte needs?Locate sodium and find the percentage of the DRI intake recommendation provided by your DRI for sodium. Are you above or below this recommendation?3SOURCE ANALYSISIn the Diet & Wellness Program, from the REPORTS tab, select SOURCE ANALYSIS. Select the date range that includes the three days of your dietary record. Click all meals.1. Choose DIETARY FIBER, TOTAL from the drop-down box. Which food provided the greatest amount of fiber for the 3-day intake? What are some fiber rich foods that you could add to your diet to increase your intake of both soluble and insoluble fibers?2. Using the INTAKE VS. GOALS REPORT, Compare your intake of CARBOHYDRATE, TOTAL and the SUGAR,TOTAL. Whatarethetotalgramsofcarbohydratecomingfromsugar?Whatarethetotalgrams of carbohydrate? What percentage of the total carbohydrate intake is coming from sugar? Using the INTAKE SPREAKSHEET REPORTS, what foods did you consume that are examples of simple carbohydrates? What foods did you consume that are examples of complex carbohydrates? Explain the nutritional differences in the simple carbohydrates and the complex carbohydrates. List the nutrients that are present in the simple carbohydrates and list the nutrients that are present in the complex carbohydrates. How do these compare?3. Choose SATURATED FAT from the drop-down box. What were the top three foods that contributed the most saturated fat?4. Generate the same report for MONOUNSATURATED FAT, TRANS FAT, and POLYUNSATURATED FAT from the drop-down box. What were the top three foods in each of these categories?5. Choose LINOLENIC and LINOLEIC ESSENTIAL FATTY ACIDS from the drop-down box. What were the top three foods in each of these categories?6. Choose FAT, TOTAL from the drop-down box. Hidden fats abound in our food supply, and it’s worth a moment to identify them and expose any mindless patterns in their consumption. Look at the day when you consumed the most fat. Find the foods that contributed the most fat to your intake. What would you say led to a higher intake of fat on this day as compared to another? Which part of the day did you consume the most fat? Were you aware that you were doing so? Try to identify some of your own cues to over consuming calories from fat.7. Choose PROTEIN from the drop-down box. What were the top three foods that provide you with protein? Were any of these foods the top three foods that contributed fat to your diet? What does this tell you about the relationship between foods high in protein and foods high in fat?8. Break down your protein intake even further by viewing how much protein you eat at breakfast, lunch, and dinner. Which meal contributes the most protein? Ideally you want to have some protein in all meals, are your protein calories evenly distributed across the three meals?9. Generate a report for VITAMIN C, FOLATE, and VITAMIN D from the drop-down box. What were the top three food sources for these vitamins? Look up additional food sources for these vitamins. What would be some additional foods you could add to your diet to increase your intake of these vitamins?10. Choose CALCIUM from the drop-down box. What were the top three food sources of calcium? What were the three lowest sources of calcium?11. Select SODIUM from the drop-down box. Which foods contributed the most sodium to your diet? Were these foods processed or packaged foods?4ENERGY BALANCE ANALYSISEnergy balance is the balance between the energy (calories) you take in and the energy you expend. Use the Energy Balance Report within the 3 Day Average Report to help you answer the following questions.What is your average 3-day calorie intake? What is your average 3-day energy expenditure? How does your actual intake compare to your recommended intake of calories? Looking at your calorie intake and expenditure, are you gaining or losing weight? If one pound equals 3500 calories, how much weight are you gaining/losing over a month (be very specific with this answer)?Look over the three days of your food intake. Is there one day that you exceeded the recommended calorie intake (positive energy balance)? How could you adjust this day’s food intake to meet the recommended calorie intake?SUMMARYWhat did you learn about your dietary habits from the analysis of your food intake and energy expenditure? Have you made any changes since taking this course? Why or why not?What is good about your diet when comparing it to the Dietary Guidelines? Address each of the key recommendations located in Chapter 2 of the textbook.Consider your results, your family health history, how you feel about your health status, how and when you eat, with whom you eat (as you have recorded in your food diaries), and your exercise habits. What adjustments can you make in your diet and lifestyle to improve your health and performance? In completing this question, you are not required to divulge any personal health information.Summarize any realistic changes you will make (or have made) to your diet and exercise routines as a result of this analysis or class.

Assignment: Application of Systems Theory to a Case Study
In this course, you will be asked to select one case study and to use it throughout the entire course. By doing this, you will have the opportunity to see how theories guide your view of a client and the client’s presenting problem. Although the case may be the same, each time you use a different theory, your perspective of the problem changes, which then changes how you go about asking the assessment questions and how you intervene.
The first theoretical approach you will use to apply to a case study is systems theory. In other words, your theoretical orientation—your lens—will be systems theory as you analyze a social work case study.
Different theories can be used to take a systems approach. For example, Bertalanffy’s General Systems Theory considers how a system is made of smaller subsystems that influence each other and seek homeostasis, whereas Brofennerbrenner’s Ecological Systems Theory focuses on how an individual’s experience is influenced by different system levels (micro, meso, exo, macro, and chrono). Systems theory is commonly used to understand the interrelationships of the systems (e.g., family, community, organizations, society) of the client. If you are working with families, communities, and organizations, it is also beneficial to use systems theory to get a holistic picture of all the interrelated parts of the system.
To prepare: Select and focus on one of four case studies listed in the Learning Resources. You will use this same case study throughout the course.
By Day 7

Focus on the identified client within your chosen case.
Analyze the case using a systems approach, taking into consideration both family and community systems.
Complete and submit the “Dissecting a Theory and Its Application to a Case Study” worksheet based on your analysis.

MY CASE:
Tiffani Bradley Identifying Data: Tiffani Bradley is a 16-year-old Caucasian female. She was raised in a Christian family in Philadelphia, PA. She is of German descent. Tiffani’s family consists of her father, Robert, 38 years old; her mother, Shondra, 33 years old, and her sister, Diana, 13 years old. Tiffani currently resides in a group home, Teens First, a brand new, court-mandated teen counseling program for adolescent victims of sexual exploitation and human trafficking. Tiffani has been provided room and board in the residential treatment facility for the past 3 months. Tiffani describes herself as heterosexual. Presenting Problem: Tiffani has a history of running away. She has been arrested on three occasions for prostitution in the last 2 years. Tiffani has recently been court ordered to reside in a group home with counseling. She has a continued desire to be reunited with her pimp, Donald. After 3 months at Teens First, Tiffani said that she had a strong desire to see her sister and her mother. She had not seen either of them in over 2 years and missed them very much. Tiffani is confused about the path to follow. She is not sure if she wants to return to her family and sibling or go back to Donald. Family Dynamics: Tiffani indicates that her family worked well together until 8 years ago. She reports that around the age of 8, she remembered being awakened by music and laughter in the early hours of the morning. When she went downstairs to investigate, she saw her parents and her Uncle Nate passing a pipe back and forth between them. She remembered asking them what they were doing and her mother saying, “adult things” and putting her back in bed. Tiffani remembers this happening on several occasions. Tiffani also recalls significant changes in the home’s appearance. The home, which was never fancy, was always neat and tidy. During this time, however, dust would gather around the house, dishes would pile up in the sink, dirt would remain on the floor, and clothes would go for long periods of time without being washed. Tiffani began cleaning her own clothes and making meals for herself and her sister. Often there was not enough food to feed everyone, and Tiffani and her sister would go to bed hungry. Tiffani believed she was responsible for helping her mom so that her mom did not get so overwhelmed. She thought that if she took care of the home and her sister, maybe that would help mom return to the person she was before.  Sometimes Tiffani and her sister would come downstairs in the morning to find empty beer cans and liquor bottles on the kitchen table along with a crack pipe. Her parents would be in the bedroom, and Tiffani and her sister would leave the house and go to school by themselves. The music and noise downstairs continued for the next 6 years, which escalated to screams and shouting and sounds of people fighting. Tiffani remembers her mom one morning yelling at her dad to “get up and go to work.” Tiffani and Diana saw their dad come out of the bedroom and slap their mom so hard she was knocked down. Dad then went back into the bedroom. Tiffani  3 remembers thinking that her mom was not doing what she was supposed to do in the house, which is what probably angered her dad. Shondra and Robert have been separated for a little over a year and have started dating other people. Diana currently resides with her mother and Anthony, 31 years old, who is her mother’s new boyfriend. Educational History: Tiffani attends school at the group home, taking general education classes for her general education development (GED) credential. Diana attends Town Middle School and is in the 8th grade. Employment History: Tiffani reports that her father was employed as a welding apprentice and was waiting for the opportunity to join the union. Eight years ago, he was laid off due to financial constraints at the company. He would pick up odd jobs for the next 8 years but never had steady work after that. Her mother works as a home health aide. Her work is part-time, and she has been unable to secure full-time work. Social History: Over the past 2 years, Tiffani has had limited contact with her family members and has not been attending school. Tiffani did contact her sister Diana a few times over the 2-year period and stated that she missed her very much. Tiffani views Donald as her “husband” (although they were never married) and her only friend. Previously, Donald sold Tiffani to a pimp, “John T.” Tiffani reports that she was very upset Donald did this and that she wants to be reunited with him, missing him very much. Tiffani indicates that she knows she can be a better “wife” to him. She has tried to make contact with him by sending messages through other people, as John T. did not allow her access to a phone. It appears that over the last 2 years, Tiffani has had neither outside support nor interactions with anyone beyond Donald, John T., and some other young women who were prostituting. Mental Health History: On many occasions Tiffani recalls that when her mother was not around, Uncle Nate would ask her to sit on his lap. Her father would sometimes ask her to show them the dance that she had learned at school. When she danced, her father and Nate would laugh and offer her pocket change. Sometimes, their friend Jimmy joined them. One night, Tiffani was awakened by her uncle Nate and his friend Jimmy. Her parents were apparently out, and they were the only adults in the home. They asked her if she wanted to come downstairs and show them the new dances she learned at school. Once downstairs Nate and Jimmy put some music on and started to dance. They asked Tiffani to start dancing with them, which she did. While they were dancing, Jimmy spilled some beer on her. Nate said she had to go to the bathroom to clean up. Nate, Jimmy, and Tiffani all went to the bathroom. Nate asked Tiffani to take her clothes off and get in the bath. Tiffani hesitated to do this, but Nate insisted it was OK since he and Jimmy were family. Tiffani eventually relented and began to wash up. Nate would tell her that she missed a spot and would scrub the area with his hands. Incidents like this continued to occur with increasing levels of molestation each time. 4   The last time it happened, when Tiffani was 14, she pretended to be willing to dance for them, but when she got downstairs, she ran out the front door of the house. Tiffani vividly remembers the fear she felt the nights Nate and Jimmy touched her, and she was convinced they would have raped her if she stayed in the house.  About halfway down the block, a car stopped. The man introduced himself as Donald, and he indicated that he would take care of her and keep her safe when these things happened. He then offered to be her boyfriend and took Tiffani to his apartment. Donald insisted Tiffani drink beer. When Tiffani was drunk, Donald began kissing her, and they had sex. Tiffani was also afraid that if she did not have sex, Donald would not let her stay— she had nowhere else to go. For the next 3 days, Donald brought her food and beer and had sex with her several more times. Donald told Tiffani that she was not allowed to do anything without his permission. This included watching TV, going to the bathroom, taking a shower, and eating and drinking. A few weeks later, Donald bought Tiffani a dress, explaining to her that she was going to “find a date” and get men to pay her to have sex. When Tiffani said she did not want to do that, Donald hit her several times. Donald explained that if she didn’t do it, he would get her sister Diana and make her do it instead. Out of fear for her sister, Tiffani relented and did what Donald told her to do. She thought at this point her only purpose in life was to be a sex object, listen, and obey—and then she would be able to keep the relationships and love she so desired. Legal History: Tiffani has been arrested three times for prostitution. Right before the most recent charge, a new state policy was enacted to protect youth 16 years and younger from prosecution and jail time for prostitution. The Safe Harbor for Exploited Children Act allows the state to define Tiffani as a sexually exploited youth, and therefore the state will not imprison her for prostitution. She was mandated to services at the Teens First agency, unlike her prior arrests when she had been sent to detention. Alcohol and Drug Use History: Tiffani’s parents were social drinkers until about 8 years ago. At that time Uncle Nate introduced them to crack cocaine. Tiffani reports using alcohol when Donald wanted her to since she wanted to please him, and she thought this was the way she would be a good “wife.” She denies any other drug use.  Medical History: During intake, it was noted that Tiffani had multiple bruises and burn marks on her legs and arms. She reported that Donald had slapped her when he felt she did not behave and that John T. burned her with cigarettes. She had realized that she did some things that would make them mad, and she tried her hardest to keep them pleased even though she did not want to be with John T. Tiffani has been treated for several sexually transmitted infections (STIs) at local clinics and is currently on an antibiotic for a kidney infection. Although she was given condoms by Donald and John T. for her “dates,” there were several “Johns” who refused to use them.  5 Strengths: Tiffani is resilient in learning how to survive the negative relationships she has been involved with. She has as sense of protection for her sister and will sacrifice herself to keep her sister safe. Robert Bradley: father, 38 years old Shondra Bradley: mother, 33 years old Nate Bradley: uncle, 36 years old Tiffani Bradley: daughter, 16 years old Diana Bradley: daughter, 13 years old Donald: Tiffani’s self-described husband and her former pimp Anthony: Shondra’s live-in partner, 31 years old John T.: Tiffani’s most recent pimp