10) It is the difference between malfeasance and nonfeasance
Except in personal health treatment programs operated by public health agencies, such as vaccinations, well-baby clinics, or mental health commitments, this is the first case I know of in which a public health agency was by its nonfeasance
liable for injury to an individual member of the public.
Put differently, whereas libertarians embrace the private conception of rights that associates freedom with government nonfeasance
, interventionists embrace the public conception that links freedom to government intervention.
Courts usually say that the authority of directors is absolute when they act within the law, and questions of policy and internal management are--in the absence of nonfeasance
, misfeasance or malfeasance--left wholly to their discretion.
Courts have clearly reasoned that holding officers, directors and stockholders personally liable for obligations that arise during the operation of a corporation when the corporate charter has been revoked for non-payment of franchise taxes is to ensure that they not be allowed to avoid personal liability because of their nonfeasance
While corporate greed, malfeasance, misfeasance and nonfeasance
dominate today's headlines, as well as rob shareholders and employees and erode confidence in the stock market, let's be reassured in knowing that the vast majority of American businesspersons run their companies with probity and civility--and still turn a profit.
Of course, banking supervisors have broad powers that allow us to remove an audit firm if there is evidence of nonfeasance
, misfeasance, or malfeasance.
Their models involving presidential veto politics fail to take into account presidential signing statements, presidential assertions of a dispensing power, and other forms of nonfeasance
just as effective as the veto and are therefore invalid on their face.
Looking at the tearsheets Valek included with his letter, one finds this linguistic nonfeasance
magnified by the editorial format: Questions to experts were printed boldface above each response, and the one that started all this read "What About Health Prevention Programs?
or misfeasance of public officials and employees due to poor, insufficient or incorrect training appear to generate more personal injury lawsuits against the city than flaws in the infrastructure.
The Whistleblower's Act, which protects public sector employees and employees of independent contractors under contract with public agencies from employer retaliation for reporting any act or suspected act of malfeasance, misfeasance, gross waste of public funds, or neglect of duty, also will now cover reports of gross mismanagement and nonfeasance
A firm may further discourage nonfeasance
by paying its workers higher wages than they could earn elsewhere.