Simkins v. Moses H. Cone

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Part I

It is important to be able to read case law and/or federal and state regulations. Read the case of Simkins v. Moses H. Cone Mem. Hosp. 323 F.2d 959 (4th Cir. 1963) and the opinion of Sobeloff, Chief Judge. http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1448322/

The case is a good example of how federal laws came into play in the affairs of state action.

  1. At what level of the judicial court system did this legal opinion occur?
  2. What was the opinion of the lower court that was finally overturned in Simkins?
  3. Explain at least one the federal laws that was highlighted in Simkins v. Moses H. Cone .
  4. How did the federal law play a role in deciding this case?
  5. Identify and discuss the Constitutional amendments and issues in the case.
  6. Explain why the case was limited in its reach.
  7. Identify the federal official and agency that finally extended the cases’ ruling and how the cases’ outcome spread across the Nation.
  8. Read the blog “Basic Health Access”; Is the Institutes of Medicine Waking Up? (February 22, 2013) http://basichealthaccess.blogspot.com/ Discuss why you think that Simkins v. Moses H. Cone Mem. Hospital makes or fails to make a big difference in decreasing health inequities?

Part II

Read the articles on Enterprise Risk Management (ERM) and Risk Management in Project Networks and answer the following:

  1. Explain how enterprise risk management is or is not different from basic risk management.
  2. Give one example of each and how to negate the risk.

Assignment Expectations

  1. Limit your responses to a maximum of 4 pages for Part I and 2 pages for Part II, not including title and reference list pages.
  2. Be sure to utilize at least 3-4 scholarly references to support your discussions.
  3. Be sure to properly cite your references within the text of your assignment and list them at the end.

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Explanation & Answer

Attached.

Running Head: CASE LAW: ENTERPRISE RISK MANAGEMENT

Case Law: Enterprise Risk Management
Student’s Name
Institutional Affiliation

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CASE LAW: ENTERPRISE RISK MANAGEMENT

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Part I:
Racial discrimination is a moral decadence and a limitation in the civilization and
violation of human rights. In this paper, I will discuss the file case of Simkins v. Moses H.
Cone Memorial Hospital, 323 F.2d 959 (4th Cir. 1963). The paper shall cover the level at
which the opinion occurred in the judicial court system, the overturned judgment of the lower
court, federal laws highlighted in the case. Also, the role played by the federal law in decision
making, constitutional amendments in the case, the limitation in the reach, the federal agency,
the official in the ruling extension and the spread of the outcome, primary health access and
enterprise management of the risks.
The case of Simkins v. Moses H. Cone Mem. Hosp. 323 F. 2d 959 (4th Cir. 1963) put
up a lay ground for several lawsuits that battled racial discrimination in the US. From 1950's
to nearly 1970's discrimination in the hospitals was vast. A lot of patients from minority
groups and physicians were exposed to discrimination and rampant segregation as a result of
their skin color. However, there was litigation of court tussles by the NAACP to eradicate
hospital discrimination. Astoundingly, the victory of this case pronounced an open door that
led to the triumph of many other cases to date, where many related cases are quoting Simkins
case (Reynolds, 1997).
According to Reynolds (1997), the Simkins case took an evolution from the previous
case that had the very similar agenda. Previously, Pearson had filed a lawsuit representing
black physicians discriminated against at Walker Memorial Hospital. However, district
judicial court together with the Fourth Circuit Court unanimously dismissed the case.
Nevertheless, the appeal of the dismissed case was done and accepted; the Supreme Court
dissented citing that Certiorari has to be granted.
As a result, the NAACP lawyers quickly looked for a case that could break the
discrimination pattern in the hospitals so that to keep the agenda. Doctor George Simkins, a

CASE LAW: ENTERPRISE RISK MANAGEMENT

3

renowned dentist, had frustrations about a patient who was African-American with a tooth
problem and was to get medical treatment (Reynolds, 1997). Unfortunately, no local hospital
would accept him because he was a person of color. Simkins and other medical practitioners
filed a suit.
The lawsuit was looking into the matter in which the hospitals had received the
funding through Hill-Burton Act. Through the Act, the hospitals were subjected to equal
protection as envisaged in the constitution (Reynolds, 1997). Unfortunately, the progress was
hindered, and the case dismissed on the ground that no proven involvement of state or federal
government was established. Therefore, after appealing the previous lawsuit, this legal
opinion finally occurred at the Fourth Circuit Court of Appeals.
Fortunately, the opinion of the Simkins case of the lower court was overturned and
given a life to be battled again to champion the reforms. Previously, the lower ...


Anonymous
Really helpful material, saved me a great deal of time.

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