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Sample records for aspectos legales relacionados

  1. Legal aspects.

    PubMed

    Escher, A

    1975-01-01

    The manufacture, application, use and disposal of fluorescent whitening agents (FWAs) may give rise to legal questions relating mainly to environmental protection and the effects on man and animals. In addition to legal aspects, certain commercial aspects such as the law of competition and the obligations of industry, including compensation for damage caused by FWAs, are discussed. PMID:1064546

  2. Legal Rights

    ERIC Educational Resources Information Center

    Baril, Cecile; Couchman, Ian S. B.

    1976-01-01

    The legal processes following a rape charge mortify, denigrate and transfer guilt to the victim. Rape laws reinforce traditional sex roles and restrict the options available to women in defining their personal and sexual careers. (Author/AM)

  3. Legal Lunacy.

    ERIC Educational Resources Information Center

    Update on Law-Related Education, 1984

    1984-01-01

    Short descriptions of somewhat unbelievable things that have happened in the legal system are described, e.g., a school regulation prohibiting note-passing among students was declared unconstitutional because it violates the right to free speech; as a result, suspended note passers at a junior high school in Iowa were reinstated. (RM)

  4. Legal Preparedness

    PubMed Central

    Courtney, Brooke; Hodge, James G.; Toner, Eric S.; Roxland, Beth E.; Penn, Matthew S.; Devereaux, Asha V.; Dichter, Jeffrey R.; Kissoon, Niranjan; Christian, Michael D.; Powell, Tia

    2015-01-01

    BACKGROUND Significant legal challenges arise when health-care resources become scarce and population-based approaches to care are implemented during severe disasters and pandemics. Recent emergencies highlight the serious legal, economic, and health impacts that can be associated with responding in austere conditions and the critical importance of comprehensive, collaborative health response system planning. This article discusses legal suggestions developed by the American College of Chest Physicians (CHEST) Task Force for Mass Critical Care to support planning and response efforts for mass casualty incidents involving critically ill or injured patients. The suggestions in this chapter are important for all of those involved in a pandemic or disaster with multiple critically ill or injured patients, including front-line clinicians, hospital administrators, and public health or government officials. METHODS Following the CHEST Guidelines Oversight Committee’s methodology, the Legal Panel developed 35 key questions for which specific literature searches were then conducted. The literature in this field is not suitable to provide support for evidence-based recommendations. Therefore, the panel developed expert opinion-based suggestions using a modified Delphi process resulting in seven final suggestions. RESULTS Acceptance is widespread for the health-care community’s duty to appropriately plan for and respond to severe disasters and pandemics. Hospitals, public health entities, and clinicians have an obligation to develop comprehensive, vetted plans for mass casualty incidents involving critically ill or injured patients. Such plans should address processes for evacuation and limited appeals and reviews of care decisions. To legitimize responses, deter independent actions, and trigger liability protections, mass critical care (MCC) plans should be formally activated when facilities and practitioners shift to providing MCC. Adherence to official MCC plans should

  5. Should abortion be legalized?

    PubMed

    Sodhy, L S

    1968-01-01

    Abortion is an important means of family planning, especially when contraception is unavailable or when it fails. Morbidity associated with legal abortion is low, though illegal abortion is a common cause of maternal mortality. The Union of Soviet Socialist Republic, Hungary, Yugoslavia, Czechoslovakia, Romania, Poland, and the German Demogratic Republic all have laws legalizing abortion. Legalized abortion is the surest method of population control and should be promoted if the moral and religious objections can be overcome. PMID:12255647

  6. School Safety Legal Anthology.

    ERIC Educational Resources Information Center

    Stephens, Ronald D., Ed.; And Others

    This legal anthology presents contemporary thoughts covering a broad range of topics in education and school safety from a national perspective. It covers four major areas: (1) an overview of schools in U.S. society from historical and legal perspectives; (2) an exploration of some aspects of school crime; (3) restitution, parental liability,…

  7. Database Reviews: Legal Information.

    ERIC Educational Resources Information Center

    Seiser, Virginia

    Detailed reviews of two legal information databases--"Laborlaw I" and "Legal Resource Index"--are presented in this paper. Each database review begins with a bibliographic entry listing the title; producer; vendor; cost per hour contact time; offline print cost per citation; time period covered; frequency of updates; and size of file. A detailed…

  8. Development of Legal Expertise

    ERIC Educational Resources Information Center

    Glöckner, Andreas; Towfigh, Emanuel; Traxler, Christian

    2013-01-01

    In a comprehensive empirical investigation (N = 71,405) we analyzed the development of legal expertise in a critical 1-year period of academic legal training in which advanced law students start practicing to solve complex cases. We were particularly interested in the functional form of the learning curve and inter-individual differences in…

  9. Legal responsibility and accountability.

    PubMed

    Cox, Chris

    2010-06-01

    Shifting boundaries in healthcare roles have led to anxiety among some nurses about their legal responsibilities and accountabilities. This is partly because of a lack of education about legal principles that underpin healthcare delivery. This article explains the law in terms of standards of care, duty of care, vicarious liability and indemnity insurance. PMID:20583648

  10. A Legal Handbook.

    ERIC Educational Resources Information Center

    Cincinnati Public Schools, OH.

    This publication was developed by the Cincinnati (Ohio) Public Schools for use as a resource in adult basic education classes. It presents, in simple format, the basic legal rights of citizens of the United States and points out legal problem areas that average adults may encounter in daily life. The book is organized into nine parts containing 2…

  11. Accreditation's Legal Landscape

    ERIC Educational Resources Information Center

    Graca, Thomas J.

    2009-01-01

    Like most issues in higher education, the accreditation paradigm in the United States is defined in large measure by the legal and political climate in which the academy finds itself. In the case of accreditation in particular, the legal substrate is of particular importance given the central role of accreditation in a college's ability to receive…

  12. Legal Protections for Privacy

    ERIC Educational Resources Information Center

    Leslie, David W.

    1977-01-01

    Individual interest in privacy is a multiple legal issue, roughly divided into four parts according to different types of law: constitutional, statutory, administrative, and common law. Policy implications of this issue for institutions are discussed. (Editor/LBH)

  13. Legal Aspects of Confrontation

    ERIC Educational Resources Information Center

    Shannon, Thomas A.

    1970-01-01

    High school principals are obligated to protect the property and students entrusted to their care. As long as any action they take against student dissenters resorting to violence is non-malicious, they need not fear legal repercussions. (CK)

  14. AIDS--legal issues.

    PubMed

    Kirby, M

    1988-01-01

    Legal issues worldwide prompted by the AIDS epidemic are discussed, in a general way, since legal systems vary widely in different countries and localities. WHO publishes a tabulation of legal instruments dealing with AIDS and HIV infection. Criminal laws intended to protect people from harm from HIV infection have been enacted, such as a penalty for unprotected sexual intercourse by infected persons, in some Australian states. Knowing spread of HIV already amounts to a crime in many systems. The U.S. Supreme Court has already ruled that states do not violate the constitution for punishing homosexuals for consensual sodomy, nor the Army for discharging homosexuals. Quarantine law is a civil matter, but may provide penalties stricter than criminal penalties, without as much protection. No quarantines against AIDS have been enacted, although some countries require screening of immigrants. Legal issues regarding screening, liability of suppliers of blood products, and tracing of sexual partners are much discussed. Stigmatization of minority and alienated groups such as homosexuals, prostitutes, migrants, drug users and prisoners is a tricky legal problem. The apparent failure of the criminalization of drug users and how to contain the spread of AIDS into the drug free population may prompt drastic new solutions. Other legal issues drawing attention include regulation of health insurance, changes in family law, pre-marriage HIV tests, screening for HIV ostensibly to detect HIV-associated dementia, liability protection for developers and testers of vaccines, and euthanasia and the treatment of the deceased. The legal system tends to lag behind medicine. In the case of AIDS, it cannot afford to delay, therefore effective legal strategies will include effective media presentation of AIDS information to the general public; ready and cheap supply of condoms; and a new approach to illegal drugs. PMID:3147672

  15. Legal Liabilities of Administrators.

    ERIC Educational Resources Information Center

    Underwood, Julie

    This chapter of "Principles of School Business Management" discusses the implications of several court cases for legal issues affecting the role of the school business official. The issues addressed include civil rights, negligence, contracts, criminal liability, tuition and fees, and student records. The chapter opens with a brief overview of…

  16. Roundtable: Legal Abortion

    ERIC Educational Resources Information Center

    Guttmacher, Alan F.; And Others

    1971-01-01

    A roundtable discussion on legal abortion includes Dr. Alan F. Guttmacher, President of The Planned Parenthood Federation of America, Robert Hall, Associate Professor of Obstetrics and Gynecology at Columbia University College of Physicians and Surgeons, Christopher Tietze, a diretor of The Population Council, and Harriet Pilpel, a lawyer.…

  17. Legal Rights of Parents.

    ERIC Educational Resources Information Center

    Sealey, Ronald W.

    The focus of this presentation is on instances wherein parents have asserted legal rights independently of their minor children. Such rights are primarily a function of legislative and administrative prescriptions and constitutional construction and balancing. The parameters of a state's control of public education have been partially defined by…

  18. [Teenage pregnancies, legal aspects].

    PubMed

    Rogue, Fanny

    2016-01-01

    Minor girls are legally considered as incapable, under the authority of their parents. Difficulties can arise when a minor becomes pregnant. The law takes account of this situation: under certain conditions, she can decide by herself to undertake certain actions, medical or otherwise, without the consent of her parents. These include access to contraception, abortion or anonymous birth. PMID:27444530

  19. Analysis: A Legal Perspective.

    PubMed

    Schwartz, Jack

    2016-01-01

    This commentary summarizes the uncertain state of the law regarding consent for posthumous gamete retrieval. The emergence of a legal framework will be aided by the kind of ethical analysis prompted by this family's request for removal and preservation of a deceased patient's ovaries. PMID:27045308

  20. Minimally legally invasive dentistry.

    PubMed

    Lam, R

    2014-12-01

    One disadvantage of the rapid advances in modern dentistry is that treatment options have never been more varied or confusing. Compounded by a more educated population greatly assisted by online information in an increasingly litigious society, a major concern in recent times is increased litigation against health practitioners. The manner in which courts handle disputes is ambiguous and what is considered fair or just may not be reflected in the judicial process. Although legal decisions in Australia follow a doctrine of precedent, the law is not static and is often reflected by community sentiment. In medical litigation, this has seen the rejection of the Bolam principle with a preference towards greater patient rights. Recent court decisions may change the practice of dentistry and it is important that the clinician is not caught unaware. The aim of this article is to discuss legal issues that are pertinent to the practice of modern dentistry through an analysis of legal cases that have shaped health law. Through these discussions, the importance of continuing professional development, professional association and informed consent will be realized as a means to limit the legal complications of dental practice. PMID:25160114

  1. A Legal Constant

    ERIC Educational Resources Information Center

    Taylor, Kelley R.

    2009-01-01

    The 21st century has brought many technological, social, and economic changes--nearly all of which have affected schools and the students, administrators, and faculty members who are in them. Luckily, as some things change, other things remain the same. Such is true with the fundamental legal principles that guide school administrators' actions…

  2. Euthanasia: Some Legal Considerations

    ERIC Educational Resources Information Center

    Koza, Pamela

    1976-01-01

    Several sections of the Criminal Code of Canada which are relevant to the issue of euthanasia are discussed. In addition, the value placed on the sanctity of life by the law, the failure to recognize motive in cases of euthanasia, and disparate legal and medical definitions of death are also considered. (Author)

  3. Did Legalized Abortion Lower Crime?

    ERIC Educational Resources Information Center

    Joyce, Ted

    2004-01-01

    Changes in homicide and arrest rates were compared among cohorts born before and after legalization of abortion and those who were unexposed to legalized abortion. It was found that legalized abortion improved the lives of many women as they could avoid unwanted births.

  4. Legal Translator Training: Partnership between Teachers of English for Legal Purposes and Legal Specialists

    ERIC Educational Resources Information Center

    Northcott, Jill; Brown, Gillian

    2006-01-01

    Training legal English specialists is one area in which cooperation between discipline and language specialists is particularly valuable. Seven short excerpts from a short training course run jointly by teachers of English for legal purposes and legal specialists are presented and analysed to illustrate the contribution an ESP oriented approach,…

  5. 38 CFR 13.58 - Legal custodian.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... is authorized to make determinations as to the person or legal entity to be appointed legal custodian..., the person or legal entity to be appointed legal custodian will be the person or legal entity caring... 38 Pensions, Bonuses, and Veterans' Relief 1 2010-07-01 2010-07-01 false Legal custodian....

  6. 38 CFR 13.58 - Legal custodian.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... is authorized to make determinations as to the person or legal entity to be appointed legal custodian..., the person or legal entity to be appointed legal custodian will be the person or legal entity caring... 38 Pensions, Bonuses, and Veterans' Relief 1 2011-07-01 2011-07-01 false Legal custodian....

  7. Legal forms and reproductive norms.

    PubMed

    Fletcher, Ruth

    2003-06-01

    This article draws on Pashukanis's concept of legal form and on O'Brien's concept of synthetic value to argue that legal form plays a role in reproductive relations by constructing legal subjects as the bearers of reproductive responsibilities. Pashukanis conceived of legal form as playing a particular role in capitalist exchange relations by interpellating subjects as the bearers of property rights. O'Brien argued that reproduction's specific value is synthetic value, which represents the value of integrating nature and reason in species continuity. Synthetic value is distinct from exchange value or emotional value which may also attach to reproductive process. By working through Pashukanis's method of extracting legal form from specific social relations and by adapting it to reproductive relations, an example is provided of how legal form analysis can be extended beyond the particular context of capitalist exchange relations. Just as legal form constitutes owners and non-owners as legal subjects, so it constitutes reproducers and non-reproducers. By tracing the way in which law attributes reproductive responsibility, legal form analysis shows us how law draws a line between wanting to attribute responsibility and not to attribute it, and this contradiction is a hook which social forces such as sexuality, gender, race, class and disability can latch on to in pushing legal form to shape reproductive responsibilities in a particular way. Each legal form is also externally contradicted by other legal forms. When law negotiates a balance between the reproductive norms of responsibilities and rights, it demonstrates how particular legal forms manage the interaction of different sets of social relations, such as reproduction and exchange. PMID:15871155

  8. Legal preparedness for bioterrorism.

    PubMed

    Matthews, Gene W; Benjamin, Georges; Mills, S Peter; Parmet, Wendy; Misrahi, James J

    2002-01-01

    Responding to a terrorist biological weapon attack poses new challenges not only for the public health response community but also to the very construct of public health police powers as we know them today. States are debating the merits of revising and updating these powers in order to ensure an effective and legally appropriate response. This article covers three aspects of the policy debate: the experience in one state from a legislative perspective, a discussion from an academic viewpoint, and one example of the role of enhanced powers from the response perspective. PMID:12508503

  9. [Legal medicine and dentistry].

    PubMed

    D'Attilio, M; Centobeni, R; D'Arcangelo, C

    1996-04-01

    With reference to cases of American dentists sued for "malpractice" during the 80s, the authors summarise the causes why, initially, the American lawyers found it difficult to plead on behalf of their clients. Therefore, the authors suggest a number of measures in order to reduce the probability of being sued by patients. In particular, they focus attention on:--the duty to treat patients, with reference to experimentation on humans within the context of scientific research and citing the Declaration of Helsinki;--informed consent, with particular emphasis on the need to inform the patient regarding all aspects of treatment, including any risks or presumed complications that might arise during and after treatment;--professional liability, drawing a distinction between moral responsibility (regulated by the Code of Professional Practice) and legal liability (involving the legal field). Lastly, the authors underline the need to perfect and increase the awareness of the "management" risk of a dental practice, drawing special attention to the need to keep precise records on patients receiving treatment: radiographical and photographical examination, remote and recent medical history, the current state of teeth and gums, the presence of clicks and/or crepitus on ATM, cephalea, spontaneous and/or provoked pain involving masticatory and cervical muscles, obtaining the informed consent of the patient. PMID:8926985

  10. Pathways to legal immigration

    PubMed Central

    MASSEY, DOUGLAS S.; MALONE, NOLAN

    2010-01-01

    In this paper we use the New Immigrant Survey Pilot Study (NISP) to describe the amount and kind of experience that immigrants accumulate in the United States before they become permanent resident aliens. The NISP surveyed a representative sample of legal immigrants who acquired residence papers during July and August of 1996, yielding a completed sample of 1,135 adults. Our analysis revealed that roughly two-thirds of these newly arrived immigrants had prior experience in the United States within one of six basic categories: illegal border-crossers, visa abusers, non-resident visitors, non-resident workers, students or exchange visitors, and refugees/asylees. Each of these pathways to legal immigration was associated with a different profile with respect to nationality, social background, and economic status. Using simple earnings regressions we demonstrate how these differences can yield misleading conclusions about the process of immigrant adaptation and assimilation, even if measured effects are reasonably accurate. We suggest that social scientists should change the way they think and ask about immigrants’ arrival in the United States. PMID:20830313

  11. Argumentation in Legal Reasoning

    NASA Astrophysics Data System (ADS)

    Bench-Capon, Trevor; Prakken, Henry; Sartor, Giovanni

    A popular view of what Artificial Intelligence can do for lawyers is that it can do no more than deduce the consequences from a precisely stated set of facts and legal rules. This immediately makes many lawyers sceptical about the usefulness of such systems: this mechanical approach seems to leave out most of what is important in legal reasoning. A case does not appear as a set of facts, but rather as a story told by a client. For example, a man may come to his lawyer saying that he had developed an innovative product while working for Company A. Now Company B has made him an offer of a job, to develop a similar product for them. Can he do this? The lawyer firstly must interpret this story, in the context, so that it can be made to fit the framework of applicable law. Several interpretations may be possible. In our example it could be seen as being governed by his contract of employment, or as an issue in Trade Secrets law.

  12. Breast cancer. Selected legal issues.

    PubMed

    Wynstra, N A

    1994-07-01

    Several legal and ethical issues may arise during the course of screening for and diagnosis and treatment of breast cancer. Among the most active legal areas are reimbursement for therapies deemed experimental by certain insurance companies, such as high dose chemotherapy/autologous bone marrow transplantation (HDCT/ABMT) and off-label drug use; these reimbursement issues are discussed. Legal issues in mammography screening and insurance coverage and legal issues relative to informed consent in breast cancer treatment also are discussed. PMID:8004625

  13. Legality Principle of Crimes and Punishments in Iranian Legal System

    ERIC Educational Resources Information Center

    Habibzadeh, Mohammad Ja'far

    2006-01-01

    The Principle of legality of crimes and punishments (nullum crimen, nulla poena sine lege) refers to the fact that an act is not considered a crime and deserves no punishment, unless the Legislator determines and announces the criminal title and its penalty before. The legality principle protects individual security by ensuring basic individual…

  14. The Influence of Lawyers, Legal Language and Legal Thinking

    ERIC Educational Resources Information Center

    Sharf, James C.

    1976-01-01

    Attempts to summarize the impact that lawyers, legal language and legal thinking have had on the contemporary practice of industrial psychology; clarifies what for an increasing number of psychologists has become the very trying experience of a Title VII court procedding. (Author/RK)

  15. Legalized abortion in Czechoslovakia.

    PubMed

    Zidovsky, J; Zwinger, A

    1972-01-01

    A law legalizing abortion was passed nearly 20 years ago in Czechosl ovakia. The law aimed to give women the freedom to decide for themselves whether they want to be pregnant and to decrease the dangers of illegal abortion. The law resulted in a decreased number of abortions and of complications and deaths associated with abortion. Fertility in the country also declined. In 1968 there were more abortions than live births in the country. Since 1957, the law has been modified. The law still aims to prevent the birth of defective children and to protect the life and health of mothers. Each application for abortion is now examined on its own merits. Favorable economic circumstances, prolife social policies adopted by the government, and the new stricter interpretation of the abortion law have resulted in a r ising birthrate since 1969. Contraception is still stressed as preferab le to abortion. PMID:12256872

  16. Medical marijuana: legal considerations.

    PubMed

    Schouten, J T

    1999-01-01

    In 1998, Washington State passed a law, Initiative 692 (I-692), that gives individuals who are charged with possession of marijuana for medical purposes a possible affirmative defense. The law lets these individuals provide a note from their doctor or a copy of their medical records stating they have a condition that may benefit from the use of marijuana. I-692 does not legalize the medical use of marijuana and does not affect Federal law, which makes obtaining, possessing, and growing marijuana illegal. The Washington law limits the amount of marijuana a patient can possess to a 60-day supply and defines the conditions for which medical marijuana may be used. These conditions include HIV, cancer, multiple sclerosis, and epilepsy. PMID:11366751

  17. Representation of Legal Knowledge for Conceptual Retrieval.

    ERIC Educational Resources Information Center

    Cross, George R.; deBessonet, Cary G.

    1985-01-01

    Describes traditional legal information retrieval systems--Juris, Lexis, Westlaw--and several new rule-based, knowledge-based, legal knowledge reasoning, and analytical legal information systems--Waterman and Peterson's Legal Decisionmaking System, Hafner's Legal Information Retrieval System, McCarty's TAXMAN, and the deBessonet representation of…

  18. Legalizing Farmworkers: The 2002 Outlook.

    ERIC Educational Resources Information Center

    Martin, Philip

    2002-01-01

    Discusses proposals for a new guest worker program with Mexico, reviewing characteristics of U.S. farmworkers, the current federal H-2A program for admitting legal guest workers for farm work, major proposals being debated to turn unauthorized into legal farmworkers, and new considerations after September 11 that may affect the negotiations. (SM)

  19. Legal Language, on the Fly

    ERIC Educational Resources Information Center

    Monaghan, Peter

    2006-01-01

    US federal, state, and municipal courts are facing a severe shortage of qualified interpreters as the non-English-speaking population in the country soars. Virginia Benmaman, a professor of Hispanic studies and legal interpretation advocate, runs a bilingual legal interpretation program at the College of Charleston that helps students tackle the…

  20. 78 FR 14079 - Legal Processes

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-03-04

    ... Patent and Trademark Office (USPTO). The rules for these legal processes may be found under 37 CFR Part 104, which outlines procedures for service of process, demands for employee testimony and production... United States Patent and Trademark Office Legal Processes ACTION: Proposed collection; comment...

  1. 75 FR 3893 - Legal Processes

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-01-25

    ... Patent and Trademark Office Legal Processes ACTION: Proposed collection; comment request. SUMMARY: The... United States Patent and Trademark Office (USPTO). The rules for these legal processes may be found under 37 CFR Part 104, which outlines procedures for service of process, demands for employee testimony...

  2. Legal Aspects of the Web.

    ERIC Educational Resources Information Center

    Borrull, Alexandre Lopez; Oppenheim, Charles

    2004-01-01

    Presents a literature review that covers the following topics related to legal aspects of the Web: copyright; domain names and trademarks; linking, framing, caching, and spamdexing; patents; pornography and censorship on the Internet; defamation; liability; conflict of laws and jurisdiction; legal deposit; and spam, i.e., unsolicited mails.…

  3. 25 Legal and Legislative Milestones

    ERIC Educational Resources Information Center

    Diverse: Issues in Higher Education, 2009

    2009-01-01

    This timeline reflects some of the most significant legal and legislative milestones that have influenced higher education over the 25 years that "Diverse: Issues in Higher Education," formerly "Black Issues in Higher Education," has been in print. The legal battles have primarily involved the settlement of desegregation cases and the use of race…

  4. Legal Secretarial Training: Some Pluses

    ERIC Educational Resources Information Center

    Baldwin, Phyllis J.

    1977-01-01

    The author discusses the following methods which she found to be interesting additions to textbook material and the curriculum for training legal secretaries: questionnaires sent to attorneys, special projects (written reports, speakers, oral reports, typing projects), office observation, legal office work experience, courthouse fieldtrip, and…

  5. Legal Citation at a Crossroads

    ERIC Educational Resources Information Center

    Bast, Carol; Harrell, Susan W.

    2004-01-01

    Legal citation, seemingly unchanged for years, has approached a crossroads. The year 2003 marked the publication of the second edition of the "ALWD Citation Manual: A Professional System of Citation." This new citation manual may soon be preferred over "The Bluebook: A Uniform System of Citation" as the primary reference in legal writing classes…

  6. Feminist Legal Theory, Critical Legal Studies, and Legal Education or "The Fem-Crits Go to Law School."

    ERIC Educational Resources Information Center

    Menkel-Meadow, Carrie

    1988-01-01

    The commonalities and divergences in critiques of legal education offered by critical legal studies and feminist theory are examined. Both schools of thought focus on the hierarchy, passivity, depersonalization, and decontextualization of present-day legal education. (Author/MSE)

  7. Waiving legal rights in research.

    PubMed

    Resnik, David B; Parasidis, Efthimios

    2014-07-01

    The US federal research regulations prohibit informed consent, whether written or oral, from including provisions in which human subjects waive or appear to waive legal rights. We argue that policies that prevent human subjects from waiving legal rights in research can be ethically justified under the rationale of group, soft paternalism. These policies protect competent adults from making adverse decisions about health and legal matters that they may not understand fully. However,this rationale is less defensible if there is a comprehensive compensation for injury programme available in which subjects are asked to waive some legal rights in order to participate in the programme. In this situation, subjects should be allowed to waive some legal rights to obtain the benefits of the programme. PMID:23893867

  8. 28 CFR 543.11 - Legal research and preparation of legal documents.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 28 Judicial Administration 2 2013-07-01 2013-07-01 false Legal research and preparation of legal documents. 543.11 Section 543.11 Judicial Administration BUREAU OF PRISONS, DEPARTMENT OF JUSTICE INSTITUTIONAL MANAGEMENT LEGAL MATTERS Inmate Legal Activities § 543.11 Legal research and preparation of legal documents. (a) The Warden shall...

  9. 28 CFR 543.11 - Legal research and preparation of legal documents.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Legal research and preparation of legal documents. 543.11 Section 543.11 Judicial Administration BUREAU OF PRISONS, DEPARTMENT OF JUSTICE INSTITUTIONAL MANAGEMENT LEGAL MATTERS Inmate Legal Activities § 543.11 Legal research and preparation of legal documents. (a) The Warden shall...

  10. Legal and Professional Standards in Program Evaluation.

    ERIC Educational Resources Information Center

    Thurston, Paul W.; And Others

    1984-01-01

    Four legal considerations involved in program evaluation are briefly described: defamation, contract, evaluation malpractice, and confidentiality of sources. Two hypothetical evaluation problems illustrate these legal issues. Suggestions for evaluation practice, based on these legal issues, are presented. (BW)

  11. Legalized Abortion in Japan

    PubMed Central

    Hart, Thomas M.

    1967-01-01

    The enactment of the Eugenic Protection Act in Japan was followed by many changes. The population explosion was stemmed, the birth rate was halved, and while the marriage rate remained steady the divorce rate declined. The annual total of abortions increased until 1955 and then slowly declined. The highest incidence of abortions in families is in the 30 to 34 age group when there are four children in the family. As elsewhere abortion in advanced stages of pregnancy is associated with high morbidity and mortality. There is little consensus as to the number of criminal abortions. Reasons for criminal abortions can be found in the legal restrictions concerning abortion: Licensing of the abortionist, certification of hospitals, taxation of operations and the requirement that abortion be reported. Other factors are price competition and the patient's desire for secrecy. Contraception is relatively ineffective as a birth control method in Japan. Oral contraceptives are not yet government approved. In 1958 alone 1.1 per cent of married women were sterilized and the incidence of sterilization was increasing. PMID:6062283

  12. Access to legal abortion.

    PubMed

    1993-10-01

    Countries are grouped by the nature and extent of access to legal abortion. The categories include abortion on demand, for social reasons, for health reasons, for rape or incest or to save a mother's life, and only to save a mother's life. Abortion on demand is available for about 40% of the world's population and may have restrictions, such as parental consent or approval of state committees or physicians. There are 22 countries in Europe, 12 in the former Soviet Union, four in Asia, four in the Americas, one in the Middle East (Turkey), and one in Africa (Tunisia) which provide access to early abortion on demand. Abortion for social and economic reasons is available to 21% of the world's population in five countries in Asia, three in Europe (Great Britain, Finland, and Hungary), and one in Africa (Zambia). Abortion for health reasons is available to 16% of the world's population located in 21 countries in Africa, eight in the Americas, seven in Asia, five in Europe, and four in the Middle East. Laws governing about 5% of the world's population permit abortion only in the case of rape, incest, or when a mother's life is in danger (Brazil, Mexico, and Sudan). 18% of the world's population is covered by laws which permit an abortion only when a mother's life is in danger; this includes 19 countries in Africa, 11 in the Americas, nine in Asia, seven in the Middle East, and one in Europe (Ireland). PMID:12287145

  13. Legalized abortion in Japan.

    PubMed

    Hart, T M

    1967-10-01

    The enactment of the Eugenic Protection Act in Japan was followed by many changes. The population explosion was stemmed, the birth rate was halved, and while the marriage rate remained steady the divorce rate declined. The annual total of abortions increased until 1955 and then slowly declined. The highest incidence of abortions in families is in the 30 to 34 age group when there are four children in the family. As elsewhere abortion in advanced stages of pregnancy is associated with high morbidity and mortality. There is little consensus as to the number of criminal abortions. Reasons for criminal abortions can be found in the legal restrictions concerning abortion: Licensing of the abortionist, certification of hospitals, taxation of operations and the requirement that abortion be reported. Other factors are price competition and the patient's desire for secrecy. Contraception is relatively ineffective as a birth control method in Japan. Oral contraceptives are not yet government approved. In 1958 alone 1.1 per cent of married women were sterilized and the incidence of sterilization was increasing. PMID:6062283

  14. Insurance/legal matters

    SciTech Connect

    Cameron, N.

    1995-12-31

    The Federal Environmental Protection Agency (EPA) is in the process of finalizing a rule for the requirement of an organized and written Risk Management Program at facilities which may possibly release toxic materials into the air, as mandated in the Clean Air act Amendments (CAAA) of 1990, Section 112(r), No. 7. This Rule is anticipated to be final between November 1994 and June 1995. EPA has estimated that approximately 140,000 facilities nationwide will need to comply with this rule. This discussion includes a description of the required program, the areas of overlap and addition to the previously enacted Occupational Safety and Health Administration (OSHA) Process Safety Management Standard (PSM), and an overall view of the potential liabilities faced by companies complying with this rule. The CAAA has instituted a process of self-incrimination into the legislation through self-reporting and monitoring requirements. In addition, EPA`s current stance of providing strict and maximum enforcement of environmental laws contributes to the need for careful legal and potential liability review of actions taken in the course of complying with the Risk Management Program Rule. Since the topic for discussion should revolve around insurance issues, the author concludes with a discussion on various insurance products and how the new rule may enhance interest in the products and create potholes in the coverages.

  15. Legal highs on the Internet.

    PubMed

    Hillebrand, Jennifer; Olszewski, Deborah; Sedefov, Roumen

    2010-02-01

    This article describes the findings of a descriptive analysis of 27 online drug retailers selling legal alternatives to illegal drugs, commonly referred to as "herbal highs" and "legal highs" in 2008 . The study attempted to quantify the online availability of drug retailers, to describe common products and characteristics in EU-based retail sales. The findings highlight the concern about the lack of objective information about products offered, including potential risks to health. Systems should be developed to assess the contents of products and the accuracy of information provided on the Internet, alongside continued monitoring of this market for "legal high" substances. PMID:20141450

  16. Attitudes to legalizing cannabis use.

    PubMed

    Williams, Jenny; van Ours, Jan C; Grossman, Michael

    2016-09-01

    In this paper, we investigate the relationship between cannabis use and attitudes to legalizing the use of cannabis. Predictions from theory provide a means of learning about the roles of information, self interest and regret in explaining differences in attitudes to legalization between those who currently use, those who have used in the past and those who have never used. Our empirical investigation suggests that users have a greater awareness of cannabis not being as harmful as abstainers think it is. This may explain why individuals are more inclined to be in favor of legalizing cannabis once they have used it themselves. Copyright © 2016 John Wiley & Sons, Ltd. PMID:27037958

  17. Legal aspects of telepathology.

    PubMed

    Dierks, C

    2000-01-01

    In some legal surroundings telepathology is considered a breach of registrational barriers. The recommendation of the G 8 states in Europe for required legislation in telemedicine suggests to recognise that the localization of the remote health care professional defines the site not only of licensure but also of liability. This approach must be considered helpful, since it can solve many problems brought about by the doubtful results of private international law and conventions like the European Union (EU) and Lugano Convention. Under today's conditions in private international law it must be considered essential to agree upon a choice of law and stipulate a court of jurisdiction when doing telepathology. However, the opposing aims of insuring the patients claims and avoiding jurisdictions that exceed the local expectations of the medical professional must be reconciled. Data protection and data security are other crucial topics that require attention. Generally speaking, the principles of minimum data exchange, anonymity, pseudonymity and cryptography must be established as a basis for all telepathology procedures. Only when personal data is needed, its use can be legitimated. Written consent of the patient is advised. To guarantee a cross-border security level the regulations of the EU-Data Protection Directive need to be transformed into national law. In practise, cross-border dataflow shall only take place where the security level can be maintained even within the other country. Finally, reimbursement questions must be answered to establish a sound economical basis for telepathology. The spatial distance between the participants may yield the question, whether the service has been rendered to an extent necessary and sufficient for reimbursement. If reimbursement takes place on a cross-border or cross-regional level, severe disturbances of the health systems can occur. Regulation schemes or treaties need therefore to be developed to avoid such disturbances and

  18. Legal abortion and public health.

    PubMed

    Tietze, C

    1984-01-01

    Over 15 million abortions have been performed in the US since the process of abortion legalization began in 1967. Consequences of legalization have included a marked reduction of pregnancy-related mortality and the prevention in many cases of the birth of infants with major physical or mental defects. Prenatal diagnosis, backed up by selective abortion, has made procreation a possibility for many couples who might otherwise avoid childbearing. However, the number of abortions performed on the basis of prenatal diagnosis remains small, comprising only about .01% of all legal abortions. In recent months, the pro-choice movement in the US has been handed 2 important victories: the US Supreme Court reaffirmed the 1973 decision legalizing abortion and the US Senate defeated a constitutional amendment intended to reverse this decision. As a result of these victories, contributions to pro-choice groups have declined. Continued vigilance is needed to protect these victories. PMID:12267089

  19. Getting Help with Legal Matters

    MedlinePlus

    ... Law Attorneys. Your local Area Agency on Aging (AAA) can refer you to an attorney. Some AAAs provide legal services for seniors. Find your local AAA on the Eldercare Locator. The More Resources section ...

  20. Business School Internships: Legal Concerns.

    ERIC Educational Resources Information Center

    Swift, Cathy Owens; Kent, Russell

    1999-01-01

    Explores legal issues involved in business student internships for employers (compensation, workers' compensation, unemployment insurance, termination, equal-opportunities legislation, general liability) and for business schools (equal opportunities-legislation, general liability). (SK)

  1. [Biopiracy: about its legal meanings].

    PubMed

    Ramírez García, Hugo Saúl

    2009-01-01

    This article explores the legal meanings of biopiracy concept, linked to subjects such as intellectual property rights on genetic resources, bioprospecting contracts, right to food, and food security. It overcomes the critical function of biopiracy concept related to world-wide extended tendencies: privatization and technification. Likewise, protectionism shows the opportunity that biopiracy concept represents for the enrichment of the legal interpretation related to the bioethical statue of biotech developments. PMID:19507915

  2. The legal business of dentistry.

    PubMed

    Barrabee, Steve; Kowalski, Michael

    2009-09-01

    Upon graduation and licensure, most dentists anticipate going into the profession of providing dental heath care to patients in an office or clinic setting. The profession is also the business of dentistry. Failure to appreciate documentation requirements for the business of dentistry can result in legal battles that are time-consuming and emotionally draining. This article provides an introduction, issue spotting, and tips to avoid those legal battles. PMID:19810643

  3. 40 CFR 60.26 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 40 Protection of Environment 6 2010-07-01 2010-07-01 false Legal authority. 60.26 Section 60.26... Legal authority. (a) Each plan shall show that the State has legal authority to carry out the plan... designated pollutant(s) for which the plan is submitted. (c) The plan shall show that the legal...

  4. 32 CFR 724.703 - Legal counsel.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 32 National Defense 5 2011-07-01 2011-07-01 false Legal counsel. 724.703 Section 724.703 National... Organization of the Naval Discharge Review Board § 724.703 Legal counsel. Normally, the NDRB shall function without the immediate attendance of legal counsel. In the event that a legal advisory opinion is...

  5. 40 CFR 60.26 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 40 Protection of Environment 6 2011-07-01 2011-07-01 false Legal authority. 60.26 Section 60.26... Legal authority. (a) Each plan shall show that the State has legal authority to carry out the plan... designated pollutant(s) for which the plan is submitted. (c) The plan shall show that the legal...

  6. 32 CFR 724.703 - Legal counsel.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 32 National Defense 5 2010-07-01 2010-07-01 false Legal counsel. 724.703 Section 724.703 National... Organization of the Naval Discharge Review Board § 724.703 Legal counsel. Normally, the NDRB shall function without the immediate attendance of legal counsel. In the event that a legal advisory opinion is...

  7. 28 CFR 543.11 - Legal research and preparation of legal documents.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... correspondence (see 28 CFR part 540, subparts B and F) or through an authorized attorney visit from a retained... 28 Judicial Administration 2 2011-07-01 2011-07-01 false Legal research and preparation of legal... INSTITUTIONAL MANAGEMENT LEGAL MATTERS Inmate Legal Activities § 543.11 Legal research and preparation of...

  8. Defeasible reasoning with legal conditionals.

    PubMed

    Gazzo Castañeda, Lupita Estefania; Knauff, Markus

    2016-04-01

    Valid conclusions can be defeated if people can think of conditions that prevent the consequent to occur although the antecedent is given. The goal of the present research was to investigate how people consider these conditions when reasoning with legal conditionals such as "If a person kills another human, then this person should be punished for manslaughter." In Experiments 1 and 2 legal conditionals were presented to participants together with exculpatory circumstances, i.e., counterexamples. The participants' task was to decide whether they would adhere to the legal conditional rule and punish the offender. Participants were either lawyers (i.e., advanced law students and graduate lawyers) or legal laypeople. We found that laypeople often ignore exculpatory circumstances and adhere to the conditional rule when offences evoked high levels of moral outrage. Lawyers did not show this effect. In Experiment 3 laypeople showed difficulties even when asked to simply imagine exculpatory circumstances for highly morally outrageous offences. Results provide new evidence for the role of emotions--like moral outrage--in the consideration of counterexamples to legal conditionals. PMID:26689704

  9. Free Legal Services - Attracting Legal Talent for Public Involvement Groups

    SciTech Connect

    Domby, A.H.

    2007-07-01

    This paper reviews the public service responsibilities of lawyers, and how they can fulfill the annual goal of performing pro bono services by serving certain public involvement groups, including organization involved in Constitutional issues and environmental protection matters. Public involvement groups should consider their needs for legal services and consider soliciting lawyers to serve on their boards or to volunteer legal services which will assist those lawyers in fulfilling their professional obligations under Rules of Professional Conduct. The group should identify specific activities and tasks that require the skills and training of a lawyer, including corporate governance issues; conflict-of-interest questions; the statutory construction of laws, regulations and ordinances; or analysis of potential liability. The addition of a lawyer to advisory boards for governmental agencies and for non-profit boards of charitable, religious, civic, community, environmental and educational organizations may provide those boards with knowledge, analytical approaches and insights that complement the abilities of other board members. Rules of Professional Conduct applicable to lawyers include admonitions for lawyers to provide 'Public Service'. Representative of many rules, the American Bar Association Model Rule 6.1, entitled 'Voluntary Pro Bono Publico Service' addresses every lawyer's professional responsibility to provide legal services to those 'unable to pay'. This Model Rule exhorts each lawyer to provide fifty (50) hours of legal services without fee or expectation of fee to persons of limited means or charitable, religious or civic, community, governmental and educational organizations or to individuals, groups or organizations seeking 'to secure or protect civil rights, civil liberties, or public rights, or charitable, religious, civic, community, governmental and educational organizations in matters in furtherance of their purposes, where the payment of

  10. The Legality of Chicano Education.

    ERIC Educational Resources Information Center

    Floca, Kathryn Priscilla Haines

    The thesis briefly analyzed the laws of the State of Texas and of the United States which directly affect the education of Texas Mexican Americans. The legal-political history of "Chicano" education in Texas was traced from the signing of the Treaty of Guadalupe Hidalgo in 1848 to August 1971. The educational "problems" of Mexican Americans were…

  11. Contemporary Legal Issues in Education.

    ERIC Educational Resources Information Center

    McGhehey, M. A., Ed.

    This book is a collection of 19 addresses made at the 1978 annual convention of the National Organization on Legal Problems of Education (NOLPE). Some of the topics covered include: suits against school officials, Title IX, competency testing, teaching moral and spiritual values in public schools, the Bakke decision, unintended impacts of Supreme…

  12. Trustee Liability and Legal Responsibility.

    ERIC Educational Resources Information Center

    Davies, Alton L.

    Litigation over actions and policies in higher education is becoming increasingly common, and college trustees can expect to be touched by it, as they are legally and ultimately responsible for what transpires on campus. Trustees must work as a team with college presidents in the development of institutional policies, as they will share the same…

  13. Legal Issues in Integrity Testing.

    ERIC Educational Resources Information Center

    Arnold, David W.

    Legal issues at the state and constitutional levels and associated misconceptions related to written preemployment integrity tests are addressed. Common misconceptions include the beliefs that: (1) such tests fall within the purview of state antipolygraph statutes; (2) unfair discrimination doctrines are violated by integrity testing; and (3)…

  14. PLATO, EDUCOM, and Legal Education.

    ERIC Educational Resources Information Center

    Munro, Robert J.; Noah, Dennis

    1979-01-01

    The use of the PLATO and EDUCOM systems in legal education are described. Teaching techniques (simulation and gaming), their role in law school curricula, and a survey of uses nationwide are discussed. Available at 675 S. Westmoreland Ave., Los Angeles, CA 90005. (MSE)

  15. Student Centred Legal Language Study.

    ERIC Educational Resources Information Center

    Leahy, Christine

    1998-01-01

    Describes a self-study legal-language program for university students studying German that included computer-assisted language learning and satellite television. The program was tested for two years at a European university. This paper examines the program's rationale, pedagogical objectives, and theoretical considerations within the context of…

  16. Legal Aspects of Fuel Shortage

    ERIC Educational Resources Information Center

    Hill, Frederick W.

    1974-01-01

    School administrators are advised to get legal authorization now for as much maneuvering room as can be worked out with vendors of heating fuels and gasoline for school buses. Safeguards for saving gasoline and anti-freeze are outlined. (Author/MF)

  17. Surrogate mothers: the legal issues.

    PubMed

    Mady, T M

    1981-01-01

    Increasing numbers of couples have benefitted from, or may be considering use of, the surrogate mother procedure. In this procedure, a couple, usually a husband and wife, enters into a contract with a surrogate mother. Under the terms of the contract, the surrogate mother is artificially inseminated, bears a child, and relinquishes all rights regarding that child to the semen donor and his wife. In exchange for bearing a child, the surrogate mother often receives a fee. In light of such increased use of the procedure, the issue of whether or not the arrangement is legal has particular importance. Questions of legality involve possible violations of criminal baby-selling statutes. Issues of whether adoption is necessary and whether the child is legitimate also are inherent in the surrogate mother arrangement. This Note argues that these questions should be resolved in favor of finding no impediment to the use of the surrogate mother procedure, at least within certain guidelines. However, even in the absence of legal impediment, detailed contracts and thorough medical screening for genetic, physical and psychological problems would further eliminate ambiguities regarding liability. In addition, the Note concludes that legislation should be enacted to deal with the legal ambiguities of the surrogate mother arrangement. This legislation should regulate the parties that enter into such an arrangement and the rights and responsibilities of these parties. PMID:7332012

  18. Legal Scholarship as a Vocation.

    ERIC Educational Resources Information Center

    Luban, David

    2001-01-01

    Explores the more purely theoretical side of the legal scholar's vocation, using Max Weber's text on the scholar's role titled "Science as a Vocation." Discusses the consequences of the tension between law schools' generalist "pretensions" and increasingly specialist character, and Weber's fact/value distinction. (EV)

  19. Legal Handbook on School Athletics.

    ERIC Educational Resources Information Center

    National School Boards Association, Alexandria, VA. Council of School Attorneys.

    In a recent opinion the Supreme Court of the United States recognized that for many communities "school sports play a prominent role." Whatever purpose they serve, school sports also raise a number of legal issues that a school district must carefully handle in order to operate its athletics program with minimal risk of liability. This handbook is…

  20. Legal Education in China Today.

    ERIC Educational Resources Information Center

    Macdonald, R. St. J.

    1980-01-01

    Education in law, which was suspended during the 1976 Chinese Cultural Revolution, is now being steadily developed. Since 1978 the concept of law nihilism has been repudiated, juridical debate has expanded, publications and translated articles are appearing, and legal advisory offices have reappeared. (MSE)

  1. Legality of Student Disciplinary Practices.

    ERIC Educational Resources Information Center

    Bolmeier, Edward C.

    This book describes and analyzes recent court cases involving the broad topic of student discipline in an attempt to aid school officials in understanding and complying with the underlying legal principles governing this area of school law. Individual chapters focus on the topics of the in loco parentis doctrine, due process and student…

  2. Program Review of Legal Education.

    ERIC Educational Resources Information Center

    Yarbrough, Marilyn V.

    This report presents results of a follow-up review, conducted by the State University System of Florida Board of Regents, of the law schools at the University of Florida and Florida State University. The review first provides a summary of the original 1985 and 1990 studies, as well as a description of Florida's legal education contained in the…

  3. Janet Benshoof: Master Legal Activist.

    ERIC Educational Resources Information Center

    Subotnik, Rena F.

    1995-01-01

    An interview with the legal activist, Janet Benshoof, focuses on her current activities (litigation and education about reproductive law), the development of her interest in women's rights and the law, her experience as a female law student at Harvard, her early education, her thoughts about special programs and rural education, and implications…

  4. Legal Issues in Nursing Homes.

    ERIC Educational Resources Information Center

    Kapp, Marshall B.

    This paper examines the variety of legal rules and processes which have been established to assess and ensure that the quality of care provided in nursing homes satisfies an acceptable level. It begins with a general overview of nursing home law. Areas discussed in this section include: (1) sources of nursing home law; (2) theories of liability;…

  5. School Safety & the Legal Community.

    ERIC Educational Resources Information Center

    Nicholson, George; And Others

    The role of the legal community in ensuring school safety is discussed, and effective antischool-crime programs involving attorneys and judges are described. Introductory passages comment on the overall role of courts and lawyers in education, the current national concern over crime and violence in schools, and national and California initiatives…

  6. Student Teachers and Legal Issues.

    ERIC Educational Resources Information Center

    Monts, Dana R.

    In most cases, a student teacher's actions are subject to the same laws as are the teacher's actions. Numerous laws are enacted each year that affect teachers and their classrooms. Teachers and teacher educators must be kept informed of the legal consequences of their actions or inaction. Researchers sent a survey to area superintendents,…

  7. Teaching Wesley Hohfeld's Theory of Legal Relations.

    ERIC Educational Resources Information Center

    Nyquist, Curtis

    2002-01-01

    Offers "basic training" in Wesley Newcomb Hohfeld's analysis of legal relations, with illustrations drawn from secured transactions, contracts, and negotiable instruments. Discusses his system as a resource for teaching legal skills, and summarizes the theoretical consequences of Hohfeld's work. (EV)

  8. [Communication in health care - legal aspects].

    PubMed

    Mina, András

    2016-04-24

    This paper is focusing on the legal aspects of communication in health care, especially on doctor-patient relationship, responsibility for information, communication of adverse events, and legal declarations. PMID:27084442

  9. "Legal Language": Varieties, Genres, Registers, Discourses.

    ERIC Educational Resources Information Center

    Kurzon, Dennis

    1997-01-01

    Analyzes classification of "legal language," clarifying terms such as "variety,""genre,""register," and "discourse," and related issues in languages for special purposes, particularly as they apply to professions. Argues that "genre," not "register," is the most appropriate term for legal language, and that study of legal discourse should focus on…

  10. Language and Legal Speech Acts: Decisions.

    ERIC Educational Resources Information Center

    Kevelson, Roberta

    The first part of this essay argues specifically that legal speech acts are not statements but question/answer constructions. The focus in this section is on the underlying interrogative structure of the legal decision. The second part of the paper touches on significant topics related to the concept of legal speech acts, including the philosophic…

  11. Anticipating Legal Issues in Higher Education

    ERIC Educational Resources Information Center

    Janosik, Steven M.

    2005-01-01

    Learning how to recognize and anticipate the legal risks associated with student affairs practice is a crucial skill all successful administrators must develop. This can be done by developing a sense for scanning the broad legal environment and being aware of legal issues in other parts of the education enterprise. (Contains 1 figure.)

  12. 31 CFR 3.22 - Legal review.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 31 Money and Finance: Treasury 1 2011-07-01 2011-07-01 false Legal review. 3.22 Section 3.22 Money... OF DEPARTMENT OF TREASURY EMPLOYEES Claims Under the Small Claims Act § 3.22 Legal review. Claims filed under this subpart shall be forwarded to the legal division of the bureau or office out of...

  13. 31 CFR 19.965 - Legal proceedings.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 31 Money and Finance: Treasury 1 2011-07-01 2011-07-01 false Legal proceedings. 19.965 Section 19.965 Money and Finance: Treasury Office of the Secretary of the Treasury GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 19.965 Legal proceedings. Legal proceedings means any...

  14. 29 CFR 1471.965 - Legal proceedings.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 29 Labor 4 2010-07-01 2010-07-01 false Legal proceedings. 1471.965 Section 1471.965 Labor Regulations Relating to Labor (Continued) FEDERAL MEDIATION AND CONCILIATION SERVICE GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 1471.965 Legal proceedings. Legal proceedings means...

  15. 22 CFR 1508.965 - Legal proceedings.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 22 Foreign Relations 2 2010-04-01 2010-04-01 true Legal proceedings. 1508.965 Section 1508.965 Foreign Relations AFRICAN DEVELOPMENT FOUNDATION GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 1508.965 Legal proceedings. Legal proceedings means any criminal proceeding or any...

  16. 20 CFR 725.422 - Legal assistance.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 20 Employees' Benefits 3 2011-04-01 2011-04-01 false Legal assistance. 725.422 Section 725.422... SAFETY AND HEALTH ACT, AS AMENDED Adjudication of Claims by the District Director § 725.422 Legal assistance. The Secretary or his or her designee may, upon request, provide a claimant with legal...

  17. 40 CFR 62.4623 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 40 Protection of Environment 8 2011-07-01 2011-07-01 false Legal authority. 62.4623 Section 62... Control of Designated Pollutants from Existing Facilities (section 111(d) Plan) § 62.4623 Legal authority... adequate legal authority for the State to make emission data, as correlated with applicable...

  18. 29 CFR 1471.965 - Legal proceedings.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 29 Labor 4 2011-07-01 2011-07-01 false Legal proceedings. 1471.965 Section 1471.965 Labor Regulations Relating to Labor (Continued) FEDERAL MEDIATION AND CONCILIATION SERVICE GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 1471.965 Legal proceedings. Legal proceedings means...

  19. 20 CFR 725.422 - Legal assistance.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false Legal assistance. 725.422 Section 725.422... AND HEALTH ACT, AS AMENDED Adjudication of Claims by the District Director § 725.422 Legal assistance. The Secretary or his or her designee may, upon request, provide a claimant with legal assistance...

  20. 22 CFR 1006.965 - Legal proceedings.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 22 Foreign Relations 2 2010-04-01 2010-04-01 true Legal proceedings. 1006.965 Section 1006.965 Foreign Relations INTER-AMERICAN FOUNDATION GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 1006.965 Legal proceedings. Legal proceedings means any criminal proceeding or any...

  1. 40 CFR 52.1325 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 40 Protection of Environment 4 2010-07-01 2010-07-01 false Legal authority. 52.1325 Section 52...) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Missouri § 52.1325 Legal authority. (a) (b... local legal authority. (1) St. Louis County Division of Air Pollution Control: (i) Authority to...

  2. 22 CFR 1006.965 - Legal proceedings.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 22 Foreign Relations 2 2011-04-01 2009-04-01 true Legal proceedings. 1006.965 Section 1006.965 Foreign Relations INTER-AMERICAN FOUNDATION GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 1006.965 Legal proceedings. Legal proceedings means any criminal proceeding or any...

  3. 36 CFR 1275.14 - Legal custody.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 36 Parks, Forests, and Public Property 3 2011-07-01 2011-07-01 false Legal custody. 1275.14... THE NIXON ADMINISTRATION General Provisions § 1275.14 Legal custody. The Archivist of the United States has or will obtain exclusive legal custody and control of all Presidential historical materials...

  4. 40 CFR 62.4623 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 40 Protection of Environment 8 2010-07-01 2010-07-01 false Legal authority. 62.4623 Section 62... Control of Designated Pollutants from Existing Facilities (section 111(d) Plan) § 62.4623 Legal authority... adequate legal authority for the State to make emission data, as correlated with applicable...

  5. 40 CFR 52.1325 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 40 Protection of Environment 4 2011-07-01 2011-07-01 false Legal authority. 52.1325 Section 52...) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Missouri § 52.1325 Legal authority. (a) (b... local legal authority. (1) St. Louis County Division of Air Pollution Control: (i) Authority to...

  6. 33 CFR 327.6 - Legal adviser.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 33 Navigation and Navigable Waters 3 2010-07-01 2010-07-01 false Legal adviser. 327.6 Section 327... PUBLIC HEARINGS § 327.6 Legal adviser. At each public hearing, the district counsel or his designee may serve as legal advisor to the presiding officer. In appropriate circumstances, the district engineer...

  7. 33 CFR 326.5 - Legal action.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 33 Navigation and Navigable Waters 3 2011-07-01 2011-07-01 false Legal action. 326.5 Section 326.5... § 326.5 Legal action. (a) General. For cases the district engineer determines to be appropriate, he will... the district engineer determines that legal action is appropriate, he will prepare a litigation...

  8. 40 CFR 62.05 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 40 Protection of Environment 8 2011-07-01 2011-07-01 false Legal authority. 62.05 Section 62.05... PROMULGATION OF STATE PLANS FOR DESIGNATED FACILITIES AND POLLUTANTS General Provisions § 62.05 Legal authority. (a) The Administrator's determination of the absence or inadequacy of legal authority required to...

  9. 40 CFR 52.06 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 40 Protection of Environment 3 2010-07-01 2010-07-01 false Legal authority. 52.06 Section 52.06... PROMULGATION OF IMPLEMENTATION PLANS General Provisions § 52.06 Legal authority. (a) The Administrator's determination of the absence or inadequacy of legal authority required to be included in the plan is set...

  10. 22 CFR 208.965 - Legal proceedings.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Legal proceedings. 208.965 Section 208.965 Foreign Relations AGENCY FOR INTERNATIONAL DEVELOPMENT GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 208.965 Legal proceedings. Legal proceedings means any criminal proceeding or...

  11. 5 CFR 919.965 - Legal proceedings.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 5 Administrative Personnel 2 2011-01-01 2011-01-01 false Legal proceedings. 919.965 Section 919... (CONTINUED) GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 919.965 Legal proceedings. Legal proceedings means any criminal proceeding or any civil judicial proceeding, including a...

  12. 18 CFR 3b.5 - Legal guardians.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 18 Conservation of Power and Water Resources 1 2011-04-01 2011-04-01 false Legal guardians. 3b.5... INFORMATION General § 3b.5 Legal guardians. For the purposes of this part, the parent of any minor, or the legal guardian of any individual who has been declared to be incompetent due to physical or...

  13. 22 CFR 1508.965 - Legal proceedings.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 22 Foreign Relations 2 2011-04-01 2009-04-01 true Legal proceedings. 1508.965 Section 1508.965 Foreign Relations AFRICAN DEVELOPMENT FOUNDATION GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 1508.965 Legal proceedings. Legal proceedings means any criminal proceeding or any...

  14. 28 CFR 0.13 - Legal proceedings.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 28 Judicial Administration 1 2011-07-01 2011-07-01 false Legal proceedings. 0.13 Section 0.13... Attorney General § 0.13 Legal proceedings. (a) Each Assistant Attorney General and Deputy Assistant... to conduct any legal proceeding, civil or criminal, including grand jury proceedings and...

  15. 22 CFR 208.965 - Legal proceedings.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 22 Foreign Relations 1 2011-04-01 2011-04-01 false Legal proceedings. 208.965 Section 208.965 Foreign Relations AGENCY FOR INTERNATIONAL DEVELOPMENT GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 208.965 Legal proceedings. Legal proceedings means any criminal proceeding or...

  16. 29 CFR 98.965 - Legal proceedings.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 29 Labor 1 2011-07-01 2011-07-01 false Legal proceedings. 98.965 Section 98.965 Labor Office of the Secretary of Labor GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 98.965 Legal proceedings. Legal proceedings means any criminal proceeding or any civil judicial...

  17. 36 CFR 1275.14 - Legal custody.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 36 Parks, Forests, and Public Property 3 2010-07-01 2010-07-01 false Legal custody. 1275.14... THE NIXON ADMINISTRATION General Provisions § 1275.14 Legal custody. The Archivist of the United States has or will obtain exclusive legal custody and control of all Presidential historical materials...

  18. 40 CFR 52.874 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 40 Protection of Environment 3 2011-07-01 2011-07-01 false Legal authority. 52.874 Section 52.874... PROMULGATION OF IMPLEMENTATION PLANS Kansas § 52.874 Legal authority. (a) The requirements of § 51.230(f) of... exist in the local agency legal authority: (1) Kansas City, Kans.-Wyandotte County Health Department....

  19. 40 CFR 52.06 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 40 Protection of Environment 3 2011-07-01 2011-07-01 false Legal authority. 52.06 Section 52.06... PROMULGATION OF IMPLEMENTATION PLANS General Provisions § 52.06 Legal authority. (a) The Administrator's determination of the absence or inadequacy of legal authority required to be included in the plan is set...

  20. 18 CFR 3b.5 - Legal guardians.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 18 Conservation of Power and Water Resources 1 2010-04-01 2010-04-01 false Legal guardians. 3b.5... INFORMATION General § 3b.5 Legal guardians. For the purposes of this part, the parent of any minor, or the legal guardian of any individual who has been declared to be incompetent due to physical or...

  1. 33 CFR 327.6 - Legal adviser.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 33 Navigation and Navigable Waters 3 2011-07-01 2011-07-01 false Legal adviser. 327.6 Section 327... PUBLIC HEARINGS § 327.6 Legal adviser. At each public hearing, the district counsel or his designee may serve as legal advisor to the presiding officer. In appropriate circumstances, the district engineer...

  2. 40 CFR 62.05 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 40 Protection of Environment 8 2010-07-01 2010-07-01 false Legal authority. 62.05 Section 62.05... PROMULGATION OF STATE PLANS FOR DESIGNATED FACILITIES AND POLLUTANTS General Provisions § 62.05 Legal authority. (a) The Administrator's determination of the absence or inadequacy of legal authority required to...

  3. A Storytelling Learning Model for Legal Education

    ERIC Educational Resources Information Center

    Capuano, Nicola; De Maio, Carmen; Gaeta, Angelo; Mangione, Giuseppina Rita; Salerno, Saverio; Fratesi, Eleonora

    2014-01-01

    The purpose of this paper is to describe a learning model based on "Storytelling" and its application in the context of legal education helping build challenging training resources that explain, to common citizens with little or no background about legal topics, concepts related to "Legal Mediation" in general and in specific…

  4. 5 CFR 919.965 - Legal proceedings.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 5 Administrative Personnel 2 2010-01-01 2010-01-01 false Legal proceedings. 919.965 Section 919.965 Administrative Personnel OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) CIVIL SERVICE REGULATIONS (CONTINUED) GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 919.965 Legal proceedings. Legal proceedings means any...

  5. 29 CFR 98.965 - Legal proceedings.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 29 Labor 1 2010-07-01 2010-07-01 true Legal proceedings. 98.965 Section 98.965 Labor Office of the Secretary of Labor GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 98.965 Legal proceedings. Legal proceedings means any criminal proceeding or any civil judicial proceeding, including...

  6. 2 CFR 180.965 - Legal proceedings.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 2 Grants and Agreements 1 2010-01-01 2010-01-01 false Legal proceedings. 180.965 Section 180.965 Grants and Agreements OFFICE OF MANAGEMENT AND BUDGET GOVERNMENTWIDE GUIDANCE FOR GRANTS AND AGREEMENTS... § 180.965 Legal proceedings. Legal proceedings means any criminal proceeding or any civil...

  7. 7 CFR 3017.965 - Legal proceedings.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 7 Agriculture 15 2010-01-01 2010-01-01 false Legal proceedings. 3017.965 Section 3017.965 Agriculture Regulations of the Department of Agriculture (Continued) OFFICE OF THE CHIEF FINANCIAL OFFICER... Legal proceedings. Legal proceedings means any criminal proceeding or any civil judicial...

  8. 31 CFR 19.965 - Legal proceedings.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Legal proceedings. 19.965 Section 19.965 Money and Finance: Treasury Office of the Secretary of the Treasury GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 19.965 Legal proceedings. Legal proceedings means any...

  9. Same-Sex Couples: Legal Complexities

    ERIC Educational Resources Information Center

    Oswald, Ramona Faith; Kuvalanka, Katherine A.

    2008-01-01

    In this article, the authors present a typology for organizing our current knowledge regarding same-sex couples in the United States who have and have not established legal ties between partners. This framework is complemented by a discussion of key rulings that define what is legally possible as well as the introduction of "legal consciousness,"…

  10. 28 CFR 540.19 - Legal correspondence.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 28 Judicial Administration 2 2011-07-01 2011-07-01 false Legal correspondence. 540.19 Section 540... WITH PERSONS IN THE COMMUNITY Correspondence § 540.19 Legal correspondence. (a) Staff shall mark each envelope of incoming legal mail (mail from courts or attorneys) to show the date and time of receipt,...

  11. 28 CFR 540.19 - Legal correspondence.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Legal correspondence. 540.19 Section 540... WITH PERSONS IN THE COMMUNITY Correspondence § 540.19 Legal correspondence. (a) Staff shall mark each envelope of incoming legal mail (mail from courts or attorneys) to show the date and time of receipt,...

  12. A Layperson's Guide to Legal Research.

    ERIC Educational Resources Information Center

    Garrison, Judy; Hickey, LadyJane; Stillman, Garry; Wise, Steven

    This document provides a layperson's introductory guide to researching primary legal materials, as well as using secondary research tools, in the Sarita Kenedy East Law Library at St. Mary's University (Texas). The guide includes the following sections: (1) Guide to Legal Abbreviations; (2) How To Find a Law Journal Article; (3) Legal Dictionaries…

  13. Legal developments in assisted reproduction.

    PubMed

    Dickens, Bernard M

    2008-05-01

    Courts have been quite consistent in allowing ex-partners in marriages or similar relationships, usually men, to veto the other partner's reproductive use of jointly-created IVF embryos. This supports the principle of voluntary parenthood. In contrast, child custody disputes following surrogate motherhood may favor the commissioning couple or the surrogate. Decisive are the best interests of the child, which a court may find favorable to the former or the latter, or custody shared between them. Preimplantation genetic diagnosis (PGD) may be restricted by governmental licensing regulations, and raises concerns about diagnosis showing noninheritance of a feared disorder, but not other conditions harming a subsequently born child. Travel abroad raises concerns of legality. Some countries explicitly allow nationals to go to other countries for services legally barred in their own, but others would bind nationals by their prohibitive laws if they were to receive, or counsel, services abroad that are lawful where delivered. PMID:18289543

  14. Legal Aspects of Space Tourism

    NASA Astrophysics Data System (ADS)

    Jakhu, Ram

    2002-01-01

    This paper briefly deals with relevant technological advances, business prospects for space tourism and related policy developments with a view to forecast the viability of space tourism industry. It further analyses applicable international space law and some national laws that particularly have direct relevance to space tourism. Legal lacunae are identified and suggestions are made with a view to encourage the development of this newest application of space technology.

  15. Legal aspects of satellite teleconferencing

    NASA Technical Reports Server (NTRS)

    Smith, D. D.

    1971-01-01

    The application of satellite communications for teleconferencing purposes is discussed. The legal framework within which such a system or series of systems could be developed is considered. The analysis is based on: (1) satellite teleconferencing regulation, (2) the options available for such a system, (3) regulatory alternatives, and (4) ownership and management aspects. The system is designed to provide a capability for professional education, remote medical diagnosis, business conferences, and computer techniques.

  16. Surrogacy: ethical and legal issues.

    PubMed

    Saxena, Pikee; Mishra, Archana; Malik, Sonia

    2012-10-01

    Surrogacy refers to a contract in which a woman carries a pregnancy "for" another couple. Number of infertile couples from all over the World approach India where commercial surrogacy is legal. Although this arrangement appears to be beneficial for all parties concerned,there are certain delicate issues which need to be addressed through carefully framed laws in order to protect the rights of the surrogate mother and the intended parents. PMID:23293432

  17. Legal aspects of sports vision.

    PubMed

    Classé, J G

    1993-01-01

    Legal claims brought by athletes or sportsman suffering ocular injury from ophthalmic lenses or frames allege that the lenses or frames were defective or that the prescribing practitioner was negligent. Practitioners should take an adequate history before prescribing eyewear for patients who participate in sports, and when a reasonable risk of injury is present, polycarbonate lenses and frames meeting American Society for Testing and Materials (ASTM) F803-88a standards should be prescribed. PMID:8324325

  18. Surrogacy: Ethical and Legal Issues

    PubMed Central

    Saxena, Pikee; Mishra, Archana; Malik, Sonia

    2012-01-01

    Surrogacy refers to a contract in which a woman carries a pregnancy “for” another couple. Number of infertile couples from all over the World approach India where commercial surrogacy is legal. Although this arrangement appears to be beneficial for all parties concerned,there are certain delicate issues which need to be addressed through carefully framed laws in order to protect the rights of the surrogate mother and the intended parents. PMID:23293432

  19. Are xenotransplantation safeguards legally viable?

    PubMed

    Florencio, P S; Ramanathan, E D

    2001-01-01

    Scientists agree on the need for robust public health safeguards to accompany the imminent introduction of xenotransplantation--clinical transplantation of animal tissue into humans. To protect society in the event of emerging infectious diseases, governments must devise a legally effective means of ensuring compliance with such safeguards. Neither consent law, the law of contracts, nor existing public health legislation can adequately enforce such compliance. Consent law serves as a mechanism of communicating the momentary waiver of legal rights, not as a durable enforcement doctrine. Because it would be essential for recipients personally to comply with public safety measures, the law of contracts would also be unable to compel compliance. Existing public health legislation would also likely be ineffective because it would need to be substantially amended to incorporate the heightened powers necessary for the periodic examination of asymptomatic xenotransplant recipients. Xenotransplantation-specific legislation would be a legally effective means of enforcing public health safeguards since it could require conforming behaviors and could impose monetary fines on those recipients who, having benefited from life-saving intervention, fail to comply. This Article argues that legislation implementing a post-xenotransplantation surveillance system should withstand constitutional scrutiny because it would not be discriminatory and because, although it would violate fundamental rights of recipients, such violations would be justified under existing constitutional doctrines. PMID:15212014

  20. [Legal aspects of noise abatement].

    PubMed

    Kierski, W S

    1976-12-01

    Noise abatement is a problem of technology, medicine, law, and education. In the technical field, the problem of avoiding hazards is the primary one. In respect of encroachment upon neighbours mutual regard should be the foremost consideration. From the legal angle, a distinction is made between protection of the individial-above all under the provisions of the German Civil Code (Bürgerliches Gesetzbuch)-and of the community-under the provisions of criminal law and administrative law. Future legislation will have to concentrate increasingly upon governmental control measures especially with a view to prevention, instead of the issue of protection of the individual. PMID:1002088

  1. [Legal aspects of sports injuries].

    PubMed

    Allard, R H B

    2005-05-01

    Victims of sports injuries have to be advised about aspects of legal liablity, especially in case of luxation or avulsion of teeth, since there still may be dental consequences years later. The transference of information by the first-aid-dentist to the sportsman's own dentist should take place with care. If the patient has no family dentist, the first-aid-dentist should at least keep the sportsman free of pain, for example by starting endodontic treatment. Because sports injuries mostly occur beyond normal practice-hours, there may be reasons to deviate from the clinical guideline. PMID:15932047

  2. Legal aspects of genetic information.

    PubMed Central

    Andrews, L. B.

    1991-01-01

    The federally funded Human Genome Initiative will lead to the development of new capabilities to learn about an individual's genetic status. Legal issues are raised concerning patients' and other parties' access to that information. This article discusses the effect of existing statutes and case law on three pivotal questions: To what sort of information are people entitled? What control should people have over their genetic information? Do people have a right to refuse genetic information? The article emphasizes that the law protects a patient's right to obtain or refuse genetic information about oneself, as well as the right to control the dissemination of that information to others. PMID:1897258

  3. Investigating legal aspects of cyberbullying.

    PubMed

    Paul, Simone; Smith, Peter K; Blumberg, Herbert H

    2012-11-01

    In the UK schools are required by law to protect students from bullying; the responsibility of teachers to govern such behaviour has been extended outside the school setting to include cyberbullying. In this investigation, cyberbullying in secondary education is explored from the student perspective using a qualitative method of enquiry. Reported awareness and understanding about the legal aspects of cyberbullying are investigated; consideration is given to legislation, cybercrime, children's rights, school sanctions and safeguarding responsibilities. A total of 197 male and female students aged between 11 and 14 years old participated. Despite the availability of information on guidelines and legislation at national, local, and school level, this does not appear to have reached ground level of the individual student. There is a considerable gap between what students should know and what they report to be aware of with regard to legal aspects of cyberbullying. To address concerns of keeping up with the pace of change in cyberbullying, a collaborative approach is required with young people and adults sharing expertise. PMID:23079364

  4. Minors and Sexting: Legal Implications.

    PubMed

    Lorang, Melissa R; McNiel, Dale E; Binder, Renée L

    2016-03-01

    Sexting is the sending or forwarding of sexually explicit photographs or videos of the sender or someone known to the sender via cell phone. It has become common practice among young people, as cell phones are being given to adolescents at ever younger ages. Youths often send messages without giving appropriate thought to the content of the images. In studies on the subject, rates of minors who have sent sexual images range from 4 to 25 percent, depending on the age of the youths surveyed, the content of the messages and other factors. Because transferring and viewing sexually explicit material when the subject is a minor can be considered child pornography, there can be serious legal consequences. Several states have enacted legislation to help differentiate between child pornography and sexting by minors. The trend reflected in statutes has been that minors involved in sexting without other exacerbating circumstances should be charged with a less serious offense. There is no clear national consensus on how sexting by minors is adjudicated, and therefore we compared several statutes. Case examples are used to illustrate the range of legal outcomes, from felony charges to no charges. Two sexting episodes that were followed by suicide are described. We also address the role of the forensic mental health professional. PMID:26944746

  5. Planetary protection - some legal questions

    NASA Astrophysics Data System (ADS)

    Fasan, E.

    2004-01-01

    When we legally investigate the topic of Planetary Protection, we have to realise that there are primarily two very distinct parts of our juridical work: We have to study lexlata, theexistingapplicableLaw, especially Space Law, and also lexferenda, whatshouldbethe law . With this in mind, we have to deliberate the legal meaning of the notions "Planetary", and "Protection". About " Planetary": Our own Earth is our most important planet. At present only here do exist human beings, who are sensu strictu the only legal subjects. We make the law, we have to apply it, and we are to be protected as well as bound by it. But what is further meant by "Planetary"? Is it planets in an astronomical sense only, the nine planets which revolve around our fixed star, namely the sun, or is it also satellites, moving around most of these planets, as our own Moon circles Earth. "The Moon and other Celestial Bodies (C.B.)" are subject to Space Law, especially to International Treaties, Agreements, Resolutions of the UN, etc. I propose that they and not only the planets in an strictly astronomical sense are to be protected. But I do not think that the said notion also comprises asteroids, comets, meteorites, etc. although they too belong to our solar system. Our investigation comes to the result that such bodies have a different (lesser) legal quality. Also we have to ask Protectionfrom what ? From: Natural bodies - Meteorites, NEO Asteroids, Comets which could hit Earth or C.B.Artificial Objects: Space Debris threatening especially Earth and near Earth orbits.Terrestrial Life - no infection of other celestial bodies. Alien life forms which could bring about "harmful contamination" of Earth and the life, above all human life, there, etc. Here, astrobiological questions have to be discussed. Special realms on C.B. which should be protected from electronic "noise" such as craters SAHA or Deadalus on the Moon, also taking into account the "Common Heritage" Principle. Then, we have to

  6. Planetary protection - some legal questions

    NASA Astrophysics Data System (ADS)

    Fasan, E.

    When we legally investigate the topic of Planetary Protection, we have to realise that there are primarily two very distinct parts of our juridical work: We have to study lex lata, the existing applicable Law, especially Space Law, and also lex ferenda, what should be the law. With this in mind, we have to deliberate the legal meaning of "Planetary", and of "Protection". About "Planetary": Our own Earth is the most important planet. At present only here do exist human beings, who are sensu strictu the only legal subjects. We make the law, we have to apply it, and we are to be protected as well as bound by it. Then, we have to discuss what is further meant by "Planetary": Is it planets in an astronomical sense only, the nine planets which revolve around our fixed star, namely the sun, or is it also satellites, moving around most of these planets, as our own Moon circles Earth. "The Moon and other Celestial Bodies (C.B)" are subject to Space Law, especially to International Treaties, Agreements, Resolutions of the UN etc. I propose that they and not only the planets in an strictly astronomical sense are to be protected. But I do not think that the said notion also comprises asteroids, comets, meteorites etc. although they too belong to our solar system. Our investigation comes to the result that such bodies have a different (lesser) legal quality. Also we have to ask Protection from what? From: Natural bodies - Meteorites, NEO Asteroids, Comets which could hit Earth or C.B. Artificial Objects: Space Debris threatening especially Earth and near Earth orbits. Terrestrial Life - no infection of other celestial bodies. Alien life forms which could bring about "harmful contamination" of Earth and the life, above all human life, there etc. Here, astrobiological questions have to be discussed. Special realms on C.B. which should be protected from Electronic "Noise" such as craters SAHA or Deadalus on the Moon, also taking into account the "Common Heritage" Principle. Then

  7. Attitudes towards drug legalization among drug users.

    PubMed

    Trevino, Roberto A; Richard, Alan J

    2002-01-01

    Research shows that support for legalization of drugs varies significantly among different sociodemographic and political groups. Yet there is little research examining the degree of support for legalization of drugs among drug users. This paper examines how frequency and type of drug use affect the support for legalization of drugs after adjusting for the effects of political affiliation and sociodemographic characteristics. A sample of 188 drug users and non-drug users were asked whether they would support the legalization of marijuana, cocaine, and heroin. Respondents reported their use of marijuana, crack, cocaine, heroin, speedball, and/or methamphetamines during the previous 30 days. Support for legalization of drugs was analyzed by estimating three separate logistic regressions. The results showed that the support for the legalization of drugs depended on the definition of "drug user" and the type of drug. In general, however, the results showed that marijuana users were more likely to support legalizing marijuana, but they were less likely to support the legalization of cocaine and heroin. On the other hand, users of crack, cocaine, heroin, speedball, and/or methamphetamines were more likely to support legalizing all drugs including cocaine and heroin. PMID:11853137

  8. Legal Reference Service in the Public Library: A Guide to Primary-Source Legal Material.

    ERIC Educational Resources Information Center

    Nixon, Judith M.

    1984-01-01

    Discusses primary-source legal materials (laws, regulations, court decisions) useful for public libraries. Highlights include a discussion of federal and state branches of government and corresponding publications; tools needed for legal research (digests, annotated codes, "pocket parts"); four levels of legal service; and primary sources of…

  9. [Legal basics in palliative care].

    PubMed

    Putz, Wolfgang

    2016-03-01

    The German legal framework concerning end of life decisions is based on two pillars: the medical standards and the patient's autonomy. Every medical treatment, including life-saving and palliative measures, requires medical indication and, crucially, the patient's consent. Without the patient's consent even medically indicated treatment is prohibited.In other cases, complying with the patient's wishes, doctors have to treat symptoms the best they can. This includes palliative sedation accepting that the indicated medication may shorten life.It is prohibited to actively kill a patient to shorten his suffering. Assisting a suicide is only permitted if the suicide decision is made freely and on the patient's own responsibility. Businesslike suicide assistance is prohibited. PMID:26983108

  10. Tuberculosis: medico-legal aspects.

    PubMed

    Vetrugno, G; De-Giorgio, F; D'Alessandro, F; Scafetta, I; Berloco, F; Buonsenso, D; Abbate, F; Scalise, G; Pascali, V L; Valentini, P

    2014-01-01

    Tuberculosis is a diffusive infectious disease whose typical behaviour differentiates it from other infectious diseases spread by human-to-human transmission (flu, chicken pox, cholera, etc.) that follow a classic epidemic pattern. Indeed, in the presence of a known source of Koch bacilli that is capable of spreading the bacteria by air, not all exposed individuals inhale the bacteria, not all those who inhale them absorb them, not all those who absorb the bacteria are unable to eliminate them, not all who are able to eliminate them do so using delayed hypersensitivity, not all those who react with delayed hypersensitivity suffer lasting tissue damage (among other things, minor), not all who suffer tissue damage have anatomical sequelae, and not all those who have anatomical sequelae, however minimal, become carriers of bacilli in the latent period. The vast majority (90-95%) of the latter - which are in any case a portion, not the totality of those exposed - remain asymptomatic throughout their lives and never develop active tuberculosis. Based on these biological characteristics and the legal concepts of "epidemic" and "disease," it becomes highly problematic, if not impossible, to assert both that tuberculosis can cause events of sufficient magnitude to be associated with the crime of "epidemic," and that the mere diagnosis of a latent tuberculosis infection is sufficient to assume the presence of an illness legally prosecutable in criminal proceedings or a disability prosecutable in civil proceedings. Furthermore, clinically apparent tuberculosis is a temporarily-and in some cases permanently-disabling condition, and in certain work environments, even with the difficulties caused by the lack of available effective diagnostic tools and the insidious behaviour of the disease in the early stages, targeted monitoring to identify other persons who may become ill is appropriate. PMID:24804006

  11. 44 CFR 206.164 - Disaster legal services.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... 44 Emergency Management and Assistance 1 2011-10-01 2011-10-01 false Disaster legal services. 206... § 206.164 Disaster legal services. (a) Legal services, including legal advice, counseling, and... adequate legal services, whether the insufficiency existed prior to or results from the major disaster....

  12. 28 CFR 543.15 - Legal aid program.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 28 Judicial Administration 2 2011-07-01 2011-07-01 false Legal aid program. 543.15 Section 543.15 Judicial Administration BUREAU OF PRISONS, DEPARTMENT OF JUSTICE INSTITUTIONAL MANAGEMENT LEGAL MATTERS Inmate Legal Activities § 543.15 Legal aid program. (a) A legal aid program which is funded or...

  13. 5 CFR 1653.12 - Qualifying legal processes.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... an earlier legal process; (4) A legal process requiring the TSP to make a payment in the future; and... PROCESSES AFFECTING THRIFT SAVINGS PLAN ACCOUNTS Legal Process for the Enforcement of a Participant's Legal... only honor the terms of a legal process that is qualifying under paragraph (b) of this section. (b)...

  14. 22 CFR 92.84 - Legal process defined.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Legal process defined. 92.84 Section 92.84 Foreign Relations DEPARTMENT OF STATE LEGAL AND RELATED SERVICES NOTARIAL AND RELATED SERVICES Quasi-Legal Services § 92.84 Legal process defined. Legal process means a writ, warrant, mandate, or other...

  15. 22 CFR 92.84 - Legal process defined.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 22 Foreign Relations 1 2011-04-01 2011-04-01 false Legal process defined. 92.84 Section 92.84 Foreign Relations DEPARTMENT OF STATE LEGAL AND RELATED SERVICES NOTARIAL AND RELATED SERVICES Quasi-Legal Services § 92.84 Legal process defined. Legal process means a writ, warrant, mandate, or other...

  16. 22 CFR 92.81 - Performance of legal services.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 22 Foreign Relations 1 2011-04-01 2011-04-01 false Performance of legal services. 92.81 Section 92.81 Foreign Relations DEPARTMENT OF STATE LEGAL AND RELATED SERVICES NOTARIAL AND RELATED SERVICES Quasi-Legal Services § 92.81 Performance of legal services. (a) Legal services defined. The term...

  17. 22 CFR 92.81 - Performance of legal services.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Performance of legal services. 92.81 Section 92.81 Foreign Relations DEPARTMENT OF STATE LEGAL AND RELATED SERVICES NOTARIAL AND RELATED SERVICES Quasi-Legal Services § 92.81 Performance of legal services. (a) Legal services defined. The term...

  18. 33 CFR 326.5 - Legal action.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 33 Navigation and Navigable Waters 3 2010-07-01 2010-07-01 false Legal action. 326.5 Section 326.5... § 326.5 Legal action. (a) General. For cases the district engineer determines to be appropriate, he will... for criminal or civil action include, but are not limited to, violations which, in the...

  19. Advice for the New Legal Studies Professor

    ERIC Educational Resources Information Center

    Bird, Robert C.

    2012-01-01

    The transition into academia from law school or legal practice is a significant and exciting shift in one's legal career. This transition, however, can also be one that presents numerous challenges. Preparing a syllabus and drafting lecture material can seem like a daunting task. Writing an academic article for the first time involves learning a…

  20. 40 CFR 52.625 - Legal authority.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 40 Protection of Environment 3 2014-07-01 2014-07-01 false Legal authority. 52.625 Section 52.625 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS Hawaii § 52.625 Legal authority. (a) The requirements of § 51.230(f)...

  1. 40 CFR 52.625 - Legal authority.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 40 Protection of Environment 3 2013-07-01 2013-07-01 false Legal authority. 52.625 Section 52.625 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS Hawaii § 52.625 Legal authority. (a) The requirements of § 51.230(f)...

  2. 40 CFR 52.625 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 40 Protection of Environment 3 2011-07-01 2011-07-01 false Legal authority. 52.625 Section 52.625 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS Hawaii § 52.625 Legal authority. (a) The requirements of § 51.230(f)...

  3. 40 CFR 52.625 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 40 Protection of Environment 3 2010-07-01 2010-07-01 false Legal authority. 52.625 Section 52.625 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS Hawaii § 52.625 Legal authority. (a) The requirements of § 51.230(f)...

  4. LEGAL ISSUES OF GEOGRAPHIC INFORMATION SYSTEMS

    EPA Science Inventory

    Legal issues are becoming as important as any other in promoting or limiting the development of GIS technology. Certainly legal considerations must now be kept in mind during the creation and implementation of large public and private GIS projects. Debate focuses on a number of...

  5. 31 CFR 3.22 - Legal review.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 31 Money and Finance: Treasury 1 2013-07-01 2013-07-01 false Legal review. 3.22 Section 3.22 Money and Finance: Treasury Office of the Secretary of the Treasury CLAIMS REGULATIONS AND INDEMNIFICATION OF DEPARTMENT OF TREASURY EMPLOYEES Claims Under the Small Claims Act § 3.22 Legal review....

  6. 31 CFR 3.22 - Legal review.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Legal review. 3.22 Section 3.22 Money and Finance: Treasury Office of the Secretary of the Treasury CLAIMS REGULATIONS AND INDEMNIFICATION OF DEPARTMENT OF TREASURY EMPLOYEES Claims Under the Small Claims Act § 3.22 Legal review....

  7. 31 CFR 3.3 - Legal review.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 31 Money and Finance: Treasury 1 2013-07-01 2013-07-01 false Legal review. 3.3 Section 3.3 Money and Finance: Treasury Office of the Secretary of the Treasury CLAIMS REGULATIONS AND INDEMNIFICATION OF DEPARTMENT OF TREASURY EMPLOYEES Claims Under the Federal Tort Claims Act § 3.3 Legal review....

  8. 31 CFR 3.3 - Legal review.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Legal review. 3.3 Section 3.3 Money and Finance: Treasury Office of the Secretary of the Treasury CLAIMS REGULATIONS AND INDEMNIFICATION OF DEPARTMENT OF TREASURY EMPLOYEES Claims Under the Federal Tort Claims Act § 3.3 Legal review....

  9. 29 CFR 1912.41 - Legal services.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 29 Labor 7 2010-07-01 2010-07-01 false Legal services. 1912.41 Section 1912.41 Labor Regulations Relating to Labor (Continued) OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR (CONTINUED) ADVISORY COMMITTEES ON STANDARDS Miscellaneous § 1912.41 Legal services. The Solicitor of Labor...

  10. 31 CFR 3.3 - Legal review.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 31 Money and Finance: Treasury 1 2011-07-01 2011-07-01 false Legal review. 3.3 Section 3.3 Money and Finance: Treasury Office of the Secretary of the Treasury CLAIMS REGULATIONS AND INDEMNIFICATION OF DEPARTMENT OF TREASURY EMPLOYEES Claims Under the Federal Tort Claims Act § 3.3 Legal review....

  11. Abortion Legalization and Life-Cycle Fertility

    ERIC Educational Resources Information Center

    Ananat, Elizabeth Oltmans; Gruber, Jonathan; Levine, Phillip

    2007-01-01

    The early-1970s abortion legalization led to a significant drop in fertility. We investigate whether this decline represented a delay in births or a permanent reduction in fertility. We combine Census and Vital Statistics data to compare the lifetime fertility of women born in early-legalizing states, whose peak childbearing years occurred in the…

  12. Allies unknown: Social accountability and legal empowerment.

    PubMed

    Maru, Vivek

    2010-01-01

    This essay suggests that two strands of social action which have hitherto developed separately - legal empowerment and social accountability - ought to learn from one another. Legal empowerment efforts grow out of the tradition of legal aid for the poor; they assist citizens in seeking remedies to breaches of rights. Social accountability interventions employ information and participation to demand fairer, more effective public services. The two approaches share a focus on the interface between communities and local institutions. The legal empowerment approach includes, in addition, the pursuit of redress from the wider network of state authority. The essay suggests that social accountability interventions should couple local community pressure with legal empowerment strategies for seeking remedies from the broader institutional landscape. Legal empowerment programs, for their part, often under-emphasize injustices related to essential public services such as health and education, perhaps in part because they tend to wait for communities and individuals to raise problems. Instead, legal empowerment programs should learn from social accountability practitioners' use of aggregate data as a catalyst for community action. Legal empowerment organizations would also benefit from adopting the attention to empirical impact evaluation that has characterized experimentation in social accountability. PMID:20930256

  13. The Florida Survey of Newly Legalized Persons.

    ERIC Educational Resources Information Center

    Schilit, Jeffrey; Nimnicht, Glen

    This study was conducted to gather more definitive information about aliens who were newly legalized under the Immigration Reform and Control Act of 1986. Two groups of eligible legal aliens were interviewed in Florida: those residing in the United States before 1982 (PRE-82s) and special agricultural workers (SAWs). The 1,300 subjects were asked…

  14. 20 CFR 410.391 - Legal impediment.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Legal impediment. 410.391 Section 410.391 Employees' Benefits SOCIAL SECURITY ADMINISTRATION FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969, TITLE IV-BLACK LUNG BENEFITS (1969- ) Relationship and Dependency § 410.391 Legal impediment. For purposes...

  15. 21 CFR 120.9 - Legal basis.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 21 Food and Drugs 2 2013-04-01 2013-04-01 false Legal basis. 120.9 Section 120.9 Food and Drugs FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN SERVICES (CONTINUED) FOOD FOR HUMAN CONSUMPTION HAZARD ANALYSIS AND CRITICAL CONTROL POINT (HACCP) SYSTEMS General Provisions § 120.9 Legal basis. Failure of a processor to have and...

  16. 40 CFR 52.874 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... PROMULGATION OF IMPLEMENTATION PLANS Kansas § 52.874 Legal authority. (a) The requirements of § 51.230(f) of.... Kansas Statutes Annotated 65-3015 would require confidential treatment if the data related to processes... exist in the local agency legal authority: (1) Kansas City, Kans.-Wyandotte County Health Department....

  17. Legal Guidelines for Curbing School Violence.

    ERIC Educational Resources Information Center

    Blumberg, Jonathan A.; Dowling, Ruth T.; Horton, Janet L.; Howie, Margaret-Ann F.; Majestic, Ann L.; Schwartz, Richard A.; Shaw, Brian C.; Smith, Bruce W.

    This publication contains articles that focus on the legal issues that confront schools when they use various means to maintain order and safeguard student well being, and examine the liability that may be imposed if they fail to do so. Following the foreword and the introduction, the articles include: (1) "Legal and Policy Issues in Curbing…

  18. 40 CFR 52.2224 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 40 Protection of Environment 4 2010-07-01 2010-07-01 false Legal authority. 52.2224 Section 52.2224 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Tennessee § 52.2224 Legal authority. (a) The requirements of § 51.230(c) of this...

  19. 40 CFR 52.2224 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 40 Protection of Environment 4 2011-07-01 2011-07-01 false Legal authority. 52.2224 Section 52.2224 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Tennessee § 52.2224 Legal authority. (a) The requirements of § 51.230(c) of this...

  20. 20 CFR 410.391 - Legal impediment.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 20 Employees' Benefits 2 2011-04-01 2011-04-01 false Legal impediment. 410.391 Section 410.391 Employees' Benefits SOCIAL SECURITY ADMINISTRATION FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969, TITLE IV-BLACK LUNG BENEFITS (1969- ) Relationship and Dependency § 410.391 Legal impediment. For purposes...

  1. Medical marijuana: Legal and regulatory considerations.

    PubMed

    Kaplan, Louise

    2015-10-16

    Nearly half of the United States has legalized medical marijuana. Advanced practice registered nurses (APRNs) in six states can authorize patients for medical marijuana use. Knowledge of legal and regulatory aspects of medical marijuana laws will protect an APRN's license and the public. PMID:26383024

  2. 34 CFR 85.965 - Legal proceedings.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... term also includes appeals from those proceedings. Authority: E.O. 12549 (3 CFR, 1986 Comp., p. 189); E.O 12689 (3 CFR, 1989 Comp., p. 235); 20 U.S.C. 1082, 1094, 1221e-3 and 3474; and Sec. 2455, Pub. L...) Definitions § 85.965 Legal proceedings. Legal proceedings means any criminal proceeding or any civil...

  3. 29 CFR 1912.41 - Legal services.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 29 Labor 7 2011-07-01 2011-07-01 false Legal services. 1912.41 Section 1912.41 Labor Regulations Relating to Labor (Continued) OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR (CONTINUED) ADVISORY COMMITTEES ON STANDARDS Miscellaneous § 1912.41 Legal services. The Solicitor of Labor...

  4. 40 CFR 52.1575 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 40 Protection of Environment 4 2011-07-01 2011-07-01 false Legal authority. 52.1575 Section 52.1575 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) New Jersey § 52.1575 Legal authority. (a)...

  5. 2 CFR 180.965 - Legal proceedings.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 2 Grants and Agreements 1 2011-01-01 2011-01-01 false Legal proceedings. 180.965 Section 180.965 Grants and Agreements Office of Management and Budget Guidance for Grants and Agreements OFFICE OF... GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 180.965 Legal proceedings....

  6. 40 CFR 52.2574 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 40 Protection of Environment 4 2011-07-01 2011-07-01 false Legal authority. 52.2574 Section 52.2574 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Wisconsin § 52.2574 Legal authority. (a)...

  7. 28 CFR 76.33 - Legal assistance.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 28 Judicial Administration 2 2011-07-01 2011-07-01 false Legal assistance. 76.33 Section 76.33 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) RULES OF PROCEDURE FOR ASSESSMENT OF CIVIL PENALTIES FOR POSSESSION OF CERTAIN CONTROLLED SUBSTANCES § 76.33 Legal assistance. The Judge does not...

  8. 40 CFR 52.225 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 40 Protection of Environment 3 2010-07-01 2010-07-01 false Legal authority. 52.225 Section 52.225 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS California § 52.225 Legal authority. (a) The requirements of §...

  9. 40 CFR 52.526 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 40 Protection of Environment 3 2010-07-01 2010-07-01 false Legal authority. 52.526 Section 52.526 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS Florida § 52.526 Legal authority. (a) The requirements of § 51.230(f)...

  10. 40 CFR 52.924 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 40 Protection of Environment 3 2011-07-01 2011-07-01 false Legal authority. 52.924 Section 52.924 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS Kentucky § 52.924 Legal authority. (a) The requirements of § 51.230(f)...

  11. 40 CFR 52.1575 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 40 Protection of Environment 4 2010-07-01 2010-07-01 false Legal authority. 52.1575 Section 52.1575 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) New Jersey § 52.1575 Legal authority. (a)...

  12. 40 CFR 52.324 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 40 Protection of Environment 3 2010-07-01 2010-07-01 false Legal authority. 52.324 Section 52.324 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS Colorado § 52.324 Legal authority. (a) The requirements of § 51.230(f)...

  13. 40 CFR 52.2373 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 40 Protection of Environment 4 2010-07-01 2010-07-01 false Legal authority. 52.2373 Section 52.2373 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Vermont § 52.2373 Legal authority. (a)...

  14. 29 CFR 18.35 - Legal assistance.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 29 Labor 1 2011-07-01 2011-07-01 false Legal assistance. 18.35 Section 18.35 Labor Office of the Secretary of Labor RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES General § 18.35 Legal assistance. The Office of Administrative Law Judges does not...

  15. 40 CFR 52.924 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 40 Protection of Environment 3 2010-07-01 2010-07-01 false Legal authority. 52.924 Section 52.924 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS Kentucky § 52.924 Legal authority. (a) The requirements of § 51.230(f)...

  16. 40 CFR 52.2574 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 40 Protection of Environment 4 2010-07-01 2010-07-01 false Legal authority. 52.2574 Section 52.2574 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Wisconsin § 52.2574 Legal authority. (a)...

  17. 40 CFR 52.1275 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 40 Protection of Environment 4 2010-07-01 2010-07-01 false Legal authority. 52.1275 Section 52.1275 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Mississippi § 52.1275 Legal authority....

  18. 40 CFR 52.2074 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 40 Protection of Environment 4 2011-07-01 2011-07-01 false Legal authority. 52.2074 Section 52.2074 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Rhode Island § 52.2074 Legal authority....

  19. 40 CFR 52.2124 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 40 Protection of Environment 4 2011-07-01 2011-07-01 false Legal authority. 52.2124 Section 52.2124 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) South Carolina § 52.2124 Legal authority....

  20. 40 CFR 52.2726 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 40 Protection of Environment 4 2011-07-01 2011-07-01 false Legal authority. 52.2726 Section 52.2726 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Puerto Rico § 52.2726 Legal authority....

  1. 40 CFR 52.225 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 40 Protection of Environment 3 2011-07-01 2011-07-01 false Legal authority. 52.225 Section 52.225 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS California § 52.225 Legal authority. (a) The requirements of §...

  2. 40 CFR 52.2074 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 40 Protection of Environment 4 2010-07-01 2010-07-01 false Legal authority. 52.2074 Section 52.2074 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Rhode Island § 52.2074 Legal authority....

  3. 40 CFR 52.2025 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 40 Protection of Environment 4 2011-07-01 2011-07-01 false Legal authority. 52.2025 Section 52.2025 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Pennsylvania § 52.2025 Legal authority....

  4. 40 CFR 52.2373 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 40 Protection of Environment 4 2011-07-01 2011-07-01 false Legal authority. 52.2373 Section 52.2373 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Vermont § 52.2373 Legal authority. (a)...

  5. 40 CFR 52.1074 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 40 Protection of Environment 4 2011-07-01 2011-07-01 false Legal authority. 52.1074 Section 52.1074 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Maryland § 52.1074 Legal authority. (a)...

  6. 28 CFR 68.34 - Legal assistance.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 28 Judicial Administration 2 2011-07-01 2011-07-01 false Legal assistance. 68.34 Section 68.34 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) RULES OF PRACTICE AND PROCEDURE FOR... ALIENS, UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES, AND DOCUMENT FRAUD § 68.34 Legal assistance....

  7. 40 CFR 52.1074 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 40 Protection of Environment 4 2010-07-01 2010-07-01 false Legal authority. 52.1074 Section 52.1074 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Maryland § 52.1074 Legal authority. (a)...

  8. 40 CFR 52.324 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 40 Protection of Environment 3 2011-07-01 2011-07-01 false Legal authority. 52.324 Section 52.324 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS Colorado § 52.324 Legal authority. (a) The requirements of § 51.230(f)...

  9. 40 CFR 52.2025 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 40 Protection of Environment 4 2010-07-01 2010-07-01 false Legal authority. 52.2025 Section 52.2025 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Pennsylvania § 52.2025 Legal authority....

  10. 40 CFR 52.2333 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 40 Protection of Environment 4 2011-07-01 2011-07-01 false Legal authority. 52.2333 Section 52.2333 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Utah § 52.2333 Legal authority. (a)...

  11. 40 CFR 52.2124 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 40 Protection of Environment 4 2010-07-01 2010-07-01 false Legal authority. 52.2124 Section 52.2124 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) South Carolina § 52.2124 Legal authority....

  12. 40 CFR 52.1275 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 40 Protection of Environment 4 2011-07-01 2011-07-01 false Legal authority. 52.1275 Section 52.1275 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Mississippi § 52.1275 Legal authority....

  13. 40 CFR 52.1379 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 40 Protection of Environment 4 2011-07-01 2011-07-01 false Legal authority. 52.1379 Section 52.1379 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Montana § 52.1379 Legal authority. (a)...

  14. 40 CFR 52.1379 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 40 Protection of Environment 4 2010-07-01 2010-07-01 false Legal authority. 52.1379 Section 52.1379 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Montana § 52.1379 Legal authority. (a)...

  15. 40 CFR 52.526 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 40 Protection of Environment 3 2011-07-01 2011-07-01 false Legal authority. 52.526 Section 52.526 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS Florida § 52.526 Legal authority. (a) The requirements of § 51.230(f)...

  16. 28 CFR 76.33 - Legal assistance.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Legal assistance. 76.33 Section 76.33 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) RULES OF PROCEDURE FOR ASSESSMENT OF CIVIL PENALTIES FOR POSSESSION OF CERTAIN CONTROLLED SUBSTANCES § 76.33 Legal assistance. The Judge does not...

  17. 31 CFR 3.3 - Legal review.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 31 Money and Finance: Treasury 1 2012-07-01 2012-07-01 false Legal review. 3.3 Section 3.3 Money and Finance: Treasury Office of the Secretary of the Treasury CLAIMS REGULATIONS AND INDEMNIFICATION OF DEPARTMENT OF TREASURY EMPLOYEES Claims Under the Federal Tort Claims Act § 3.3 Legal review....

  18. 28 CFR 0.13 - Legal proceedings.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 28 Judicial Administration 1 2013-07-01 2013-07-01 false Legal proceedings. 0.13 Section 0.13 Judicial Administration DEPARTMENT OF JUSTICE ORGANIZATION OF THE DEPARTMENT OF JUSTICE Office of the Attorney General § 0.13 Legal proceedings. (a) Each Assistant Attorney General and Deputy...

  19. Teaching the Legal Aspects of Business Communication.

    ERIC Educational Resources Information Center

    Harcourt, Jules

    1990-01-01

    Maintains that the basic business communication course is the ideal course in which to discuss the legal aspects of business communication. Reviews some of the most important legal considerations: contract communications, credit and collections communication, employment communication, and other interpersonal communication. (SR)

  20. Copyright, the Internet, and Other Legal Issues.

    ERIC Educational Resources Information Center

    Gasaway, Laura N.

    1998-01-01

    Copyright and other intellectual property issues have dominated discussions of legal issues surrounding the Internet. There are other issues of considerable importance that also attract attention. Five legal issues affecting the Internet are addressed: copyright, online service-provider liability, database protection, obscenity, and privacy. Cited…

  1. 29 CFR 18.35 - Legal assistance.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 29 Labor 1 2010-07-01 2010-07-01 true Legal assistance. 18.35 Section 18.35 Labor Office of the Secretary of Labor RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES General § 18.35 Legal assistance. The Office of Administrative Law Judges does not...

  2. 28 CFR 68.34 - Legal assistance.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Legal assistance. 68.34 Section 68.34... ALIENS, UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES, AND DOCUMENT FRAUD § 68.34 Legal assistance. The Office of the Chief Administrative Hearing Officer does not have authority to appoint counsel....

  3. 28 CFR 0.13 - Legal proceedings.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Legal proceedings. 0.13 Section 0.13 Judicial Administration DEPARTMENT OF JUSTICE ORGANIZATION OF THE DEPARTMENT OF JUSTICE Office of the Attorney General § 0.13 Legal proceedings. (a) Each Assistant Attorney General and Deputy...

  4. 40 CFR 52.2173 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 40 Protection of Environment 4 2011-07-01 2011-07-01 false Legal authority. 52.2173 Section 52.2173 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) South Dakota § 52.2173 Legal authority. (a) The requirements of § 51.230(f) of this...

  5. 32 CFR 637.12 - Legal considerations.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 32 National Defense 4 2011-07-01 2011-07-01 false Legal considerations. 637.12 Section 637.12 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY (CONTINUED) LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONS MILITARY POLICE INVESTIGATION Investigations § 637.12 Legal considerations....

  6. 32 CFR 637.12 - Legal considerations.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 32 National Defense 4 2010-07-01 2010-07-01 true Legal considerations. 637.12 Section 637.12 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY (CONTINUED) LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONS MILITARY POLICE INVESTIGATION Investigations § 637.12 Legal considerations....

  7. 32 CFR 637.12 - Legal considerations.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 32 National Defense 4 2013-07-01 2013-07-01 false Legal considerations. 637.12 Section 637.12 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY (CONTINUED) LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONS MILITARY POLICE INVESTIGATION Investigations § 637.12 Legal considerations....

  8. 32 CFR 637.12 - Legal considerations.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 32 National Defense 4 2014-07-01 2013-07-01 true Legal considerations. 637.12 Section 637.12 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY (CONTINUED) LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONS MILITARY POLICE INVESTIGATION Investigations § 637.12 Legal considerations....

  9. 32 CFR 637.12 - Legal considerations.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 32 National Defense 4 2012-07-01 2011-07-01 true Legal considerations. 637.12 Section 637.12 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY (CONTINUED) LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONS MILITARY POLICE INVESTIGATION Investigations § 637.12 Legal considerations....

  10. 40 CFR 52.2333 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 40 Protection of Environment 4 2010-07-01 2010-07-01 false Legal authority. 52.2333 Section 52.2333 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Utah § 52.2333 Legal authority. (a)...

  11. A Legal Guide for the Software Developer.

    ERIC Educational Resources Information Center

    Minnesota Small Business Assistance Office, St. Paul.

    This booklet has been prepared to familiarize the inventor, creator, or developer of a new computer software product or software invention with the basic legal issues involved in developing, protecting, and distributing the software in the United States. Basic types of software protection and related legal matters are discussed in detail,…

  12. Exploring Technological Frontiers: Autonomy in Legal Scholarship

    ERIC Educational Resources Information Center

    Moses, Lyria Bennett

    2010-01-01

    In 1999, Barton Beebe critiqued a "golden age" of space law in the 1950s and 1960s in which obscure legal issues concerning space exploration and aliens were addressed. This article describes a more recent "golden age" in legal scholarship, namely that relating to virtual worlds such as World of Warcraft and Second Life. The author examines the…

  13. The Family Day Care Providers' Legal Handbook.

    ERIC Educational Resources Information Center

    Treadwell, Lujuana Wolfe

    Designed specifically for family day care providers in Alameda County, California, this handbook provides legal and business advice thought to be useful as well to providers throughout the United States. A wide range of legal and business issues is covered in 15 brief chapters. Advice is offered on provider-parent contracts, planning for accidents…

  14. Legal challenges in realizing interstellar initiatives

    NASA Astrophysics Data System (ADS)

    Hodge, Suzanne M.; Osmond, Elizabeth B.; Urrutia, Manuel C.

    Legal aspects of interstellar exploration and travel are examined. The concept of a space management and legal infrastructure is discussed. Attention is given to space law applicable to social customs, birth, citizenship, ownership, the right to protect one's property and life through insurance, commercial endeavors, colonial government, law and order, space debris, hazardous wastes, and burial and inheritance.

  15. 16 CFR 698.2 - Legal effect.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 16 Commercial Practices 1 2011-01-01 2011-01-01 false Legal effect. 698.2 Section 698.2 Commercial Practices FEDERAL TRADE COMMISSION THE FAIR CREDIT REPORTING ACT MODEL FORMS AND DISCLOSURES § 698.2 Legal effect. These model forms and disclosures prescribed by the FTC do not constitute a trade regulation...

  16. 16 CFR 698.2 - Legal effect.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Legal effect. 698.2 Section 698.2 Commercial Practices FEDERAL TRADE COMMISSION THE FAIR CREDIT REPORTING ACT MODEL FORMS AND DISCLOSURES § 698.2 Legal effect. These model forms and disclosures prescribed by the FTC do not constitute a trade regulation...

  17. 16 CFR 600.2 - Legal effect.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... Credit Reporting Act are found in subpart H of 16 CFR part 1 (§§ 1.71-1.73). ... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Legal effect. 600.2 Section 600.2 Commercial... INTERPRETATIONS § 600.2 Legal effect. (a) The interpretations in the Commentary are not trade regulation rules...

  18. 16 CFR 600.2 - Legal effect.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... Credit Reporting Act are found in subpart H of 16 CFR part 1 (§§ 1.71-1.73). ... 16 Commercial Practices 1 2011-01-01 2011-01-01 false Legal effect. 600.2 Section 600.2 Commercial... INTERPRETATIONS § 600.2 Legal effect. (a) The interpretations in the Commentary are not trade regulation rules...

  19. Developing Legal Problem-Solving Skills.

    ERIC Educational Resources Information Center

    Nathanson, Stephen

    1994-01-01

    A law professor explains how he came to view legal problem solving as the driving concept in law school curriculum design and draws on personal experience and a survey of students concerning teaching methods in a commercial law course. He outlines six curriculum design principles for teaching legal problem solving. (MSE)

  20. Educational Opportunity Fund Legal Studies Program.

    ERIC Educational Resources Information Center

    Tayler, Marilyn; Jackson, Curtis

    The Educational Opportunity Fund Legal Studies program addresses the need to increase access to careers in law for minority and disadvantaged students. Through early identification of interest, recognition of problems, remediation, skills enhancement, and comprehensive legal career exploration and exposure, students in Montclair State College's…

  1. American Legal Education and Professional Despair

    ERIC Educational Resources Information Center

    French, David

    2011-01-01

    Lawyers are among the most unhappy, least respected wealthy people in America. There are, no doubt, many reasons for the morale crisis in the legal profession. After all, not many people like lawyers. Further, many aspects of legal work are objectively stressful. Litigation is rife with conflict even in the most courteous jurisdictions, and trials…

  2. Student Discipline: Legal, Empirical, and Educational Perspectives.

    ERIC Educational Resources Information Center

    Harris, J. John, III, Ed.; Bennett, Christine, Ed.

    This book presents four perspectives on student discipline: legal and historical, empirical, educational, and futuristic. Part I examines the legal history of student discipline in papers by J. John Harris III, Richard E. Fields, and A. Reynaldo Contreras (Chapter 1); Richard E. Fields (Chapter 2); and David G. Carter, Sr. and Cynthia L. Jackson…

  3. Continuing Legal Education--Who Pays?

    ERIC Educational Resources Information Center

    Cooper, Paul

    1985-01-01

    Examines one of the controversies of adult education--whether it should be supported wholly by learner fees. It is a microcosmic examination of the argument as it applies to continuing legal education. Argues that the legal profession, as a corporate body, is responsible for the cost of maintaining the competence of its corporate membership.…

  4. 14 CFR 77.47 - Legal officer.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 14 Aeronautics and Space 2 2010-01-01 2010-01-01 false Legal officer. 77.47 Section 77.47 Aeronautics and Space FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION (CONTINUED) AIRSPACE OBJECTS AFFECTING NAVIGABLE AIRSPACE Rules of Practice for Hearings Under Subpart D § 77.47 Legal officer. The Chief Counsel designates a member of...

  5. 16 CFR 698.2 - Legal effect.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 16 Commercial Practices 1 2014-01-01 2014-01-01 false Legal effect. 698.2 Section 698.2 Commercial Practices FEDERAL TRADE COMMISSION THE FAIR CREDIT REPORTING ACT MODEL FORMS AND DISCLOSURES § 698.2 Legal effect. These model forms and disclosures prescribed by the FTC do not constitute a trade regulation...

  6. 16 CFR 698.2 - Legal effect.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... 16 Commercial Practices 1 2013-01-01 2013-01-01 false Legal effect. 698.2 Section 698.2 Commercial Practices FEDERAL TRADE COMMISSION THE FAIR CREDIT REPORTING ACT MODEL FORMS AND DISCLOSURES § 698.2 Legal effect. These model forms and disclosures prescribed by the FTC do not constitute a trade regulation...

  7. 16 CFR 698.2 - Legal effect.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 16 Commercial Practices 1 2012-01-01 2012-01-01 false Legal effect. 698.2 Section 698.2 Commercial Practices FEDERAL TRADE COMMISSION THE FAIR CREDIT REPORTING ACT MODEL FORMS AND DISCLOSURES § 698.2 Legal effect. These model forms and disclosures prescribed by the FTC do not constitute a trade regulation...

  8. 14 CFR 1203.100 - Legal basis.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ...”), and the standards for such classification, are established by the “the Order” (E.O. 12958, 3 CFR, 1996... 14 Aeronautics and Space 5 2010-01-01 2010-01-01 false Legal basis. 1203.100 Section 1203.100....100 Legal basis. (a) Executive Order 12958 (hereinafter referred to as “the Order”)....

  9. A Hospital-based Patient Legal Clinic.

    PubMed

    Bishop, Liz; Shahkhan, Hana; Loff, Bebe

    2016-03-01

    The HeLP Patient Legal Clinic has provided free legal advice to public hospital patients with health-related problems since March 2014. This article reports on the findings of a study of the first six months of HeLP's operation. The study adopted qualitative methods informed by grounded theory and sought to understand patient and social worker experiences of HeLP. Interviews were conducted with 13 patients and 10 next of kin. Focus group discussions were carried out with 19 social workers who referred patients to HeLP. Locating the legal service in the hospital's social work department enabled and expedited access to legal advice; a team-based approach to patient problems emerged that enhanced patient outcomes; and provision of legal advice relieved the anxiety experienced by patients, allowing them to focus better on their health concern. PMID:27323643

  10. Denial of abortion in legal settings

    PubMed Central

    Gerdts, Caitlin; DePiñeres, Teresa; Hajri, Selma; Harries, Jane; Hossain, Altaf; Puri, Mahesh; Vohra, Divya; Foster, Diana Greene

    2015-01-01

    Background Factors such as poverty, stigma, lack of knowledge about the legal status of abortion, and geographical distance from a provider may prevent women from accessing safe abortion services, even where abortion is legal. Data on the consequences of abortion denial outside of the US, however, are scarce. Methods In this article we present data from studies among women seeking legal abortion services in four countries (Colombia, Nepal, South Africa and Tunisia) to assess sociodemographic characteristics of legal abortion seekers, as well as the frequency and reasons that women are denied abortion care. Results The proportion of women denied abortion services and the reasons for which they were denied varied widely by country. In Colombia, 2% of women surveyed did not receive the abortions they were seeking; in South Africa, 45% of women did not receive abortions on the day they were seeking abortion services. In both Tunisia and Nepal, 26% of women were denied their wanted abortions. Conclusions The denial of legal abortion services may have serious consequences for women's health and wellbeing. Additional evidence on the risk factors for presenting later in pregnancy, predictors of seeking unsafe illegal abortion, and the health consequences of illegal abortion and childbirth after an unwanted pregnancy is needed. Such data would assist the development of programmes and policies aimed at increasing access to and utilisation of safe abortion services where abortion is legal, and harm reduction models for women who are unable to access legal abortion services. PMID:25511805

  11. Innovative Legal Approaches to Address Obesity

    PubMed Central

    Pomeranz, Jennifer L; Teret, Stephen P; Sugarman, Stephen D; Rutkow, Lainie; Brownell, Kelly D

    2009-01-01

    Context: The law is a powerful public health tool with considerable potential to address the obesity issue. Scientific advances, gaps in the current regulatory environment, and new ways of conceptualizing rights and responsibilities offer a foundation for legal innovation. Methods: This article connects developments in public health and nutrition with legal advances to define promising avenues for preventing obesity through the application of the law. Findings: Two sets of approaches are defined: (1) direct application of the law to factors known to contribute to obesity and (2) original and innovative legal solutions that address the weak regulatory stance of government and the ineffectiveness of existing policies used to control obesity. Specific legal strategies are discussed for limiting children's food marketing, confronting the potential addictive properties of food, compelling industry speech, increasing government speech, regulating conduct, using tort litigation, applying nuisance law as a litigation strategy, and considering performance-based regulation as an alternative to typical regulatory actions. Finally, preemption is an overriding issue and can play both a facilitative and a hindering role in obesity policy. Conclusions: Legal solutions are immediately available to the government to address obesity and should be considered at the federal, state, and local levels. New and innovative legal solutions represent opportunities to take the law in creative directions and to link legal, nutrition, and public health communities in constructive ways. PMID:19298420

  12. The legal status of uncertainty

    NASA Astrophysics Data System (ADS)

    Ferraris, L.; Miozzo, D.

    2009-09-01

    Authorities of civil protection are giving extreme importance to the scientific assessment throughout the widespread use of mathematical models that have been implemented in order to prevent and mitigate the effect of natural hazards. These models, however, are far from deterministic; moreover, the uncertainty that characterizes them plays an important role in the scheme of prevention of natural hazards. We are, in fact, presently experiencing a detrimental increase of legal actions taken against the authorities of civil protection whom, relying on the forecasts of mathematical models, fail in protecting the population. It is our profound concern that civilians have granted the right of being protected by any means, and at the same extent, from natural hazards and from the fallacious behaviour of whom should grant individual safety. But, at the same time, a dangerous overcriminalization could have a negative impact on the Civil Protection system inducing a dangerous defensive behaviour which is costly and ineffective. A few case studies are presented in which the role of uncertainty, in numerical predictions, is made evident and discussed. Scientists, thus, need to help policymakers to agree on sound procedures that must recognize the real level of unpredictability. Hence, we suggest the creation of an international and interdisciplinary committee, with the scope of having politics, jurisprudence and science communicate, to find common solutions to a common problem.

  13. Legal liability and workplace violence.

    PubMed

    Brakel, S J

    1998-01-01

    Workplace violence is a growing social problem. Some of this growth may be perceptual, reflecting our new awareness of what constitutes violence in the workplace. Furthermore, much of what falls under its current rubric does not correspond to the classic image of worker-on-worker or worker-on-employer mayhem. Nevertheless, the total number of incidents is alarmingly large; the problem is real. It is natural to consider law (i.e., legal liability) as a potential solution. Aiming the liability threat at the employer may be the most effective and efficient strategy. There are ample theories to choose from: negligence (tort) law, agency law, contract, civil rights, and regulatory law. Judges and juries appear eager to hold employers accountable for violent incidents in the workplace, sometimes in the face of other, more logical constructions of the facts or theory. One's best hope is that the fear this strikes in the hearts of employers will make for maximum preventive results. PMID:9894212

  14. The legal status of Uncertainty

    NASA Astrophysics Data System (ADS)

    Altamura, M.; Ferraris, L.; Miozzo, D.; Musso, L.; Siccardi, F.

    2011-03-01

    An exponential improvement of numerical weather prediction (NWP) models was observed during the last decade (Lynch, 2008). Civil Protection (CP) systems exploited Meteo services in order to redeploy their actions towards the prediction and prevention of events rather than towards an exclusively response-oriented mechanism1. Nevertheless, experience tells us that NWP models, even if assisted by real time observations, are far from being deterministic. Complications frequently emerge in medium to long range forecasting, which are subject to sudden modifications. On the other hand, short term forecasts, if seen through the lens of criminal trials2, are to the same extent, scarcely reliable (Molini et al., 2009). One particular episode related with wrong forecasts, in the Italian panorama, has deeply frightened CP operators as the NWP model in force missed a meteorological adversity which, in fact, caused death and dealt severe damage in the province of Vibo Valentia (2006). This event turned into a very discussed trial, lasting over three years, and intended against whom assumed the legal position of guardianship within the CP. A first set of data is now available showing that in concomitance with the trial of Vibo Valentia the number of alerts issued raised almost three folds. We sustain the hypothesis that the beginning of the process of overcriminalization (Husak, 2008) of CPs is currently increasing the number of false alerts with the consequent effect of weakening alert perception and response by the citizenship (Brezntiz, 1984). The common misunderstanding of such an issue, i.e. the inherent uncertainty in weather predictions, mainly by prosecutors and judges, and generally by whom deals with law and justice, is creating the basis for a defensive behaviour3 within CPs. This paper intends, thus, to analyse the social and legal relevance of uncertainty in the process of issuing meteo-hydrological alerts by CPs. Footnotes: 1 The Italian Civil Protection is working

  15. Legal abortion: a painful necessity.

    PubMed

    Kero, A; Högberg, U; Jacobsson, L; Lalos, A

    2001-12-01

    This study was conducted to increase knowledge about the psychosocial background and current living conditions of Swedish women seeking abortion, along with their motives for abortion and their feelings towards pregnancy and abortion. Two hundred and eleven women answered a questionnaire when they consulted the gynaecologist for the first time. The study indicates that legal abortion may be sought by women in many circumstances and is not confined to those in special risk groups. For example, most women in the sample were living in stable relationships with adequate finances. The motives behind a decision to postpone or limit the number of children revealed a wish to have children with the right partner and at the right time in order to combine good parenting with professional career. The study shows that prevailing expectations about lifestyle render abortion a necessity in family planning. One-third of the women had had a previous abortion(s) and 12% had become pregnant in a situation where they had felt pressured or threatened by the man. Two-thirds of the women characterised their initial feelings towards the pregnancy solely in painful words while nearly all the others reported contradictory feelings. Concerning feelings towards the coming abortion, more than half expressed both positive and painful feelings such as anxiety, relief, grief, guilt, anguish, emptiness and responsibility, while one-third expressed only painful feelings. However, almost 70% stated that nothing could change their decision to have an abortion. Thus, this study highlights that contradictory feelings in relation to both pregnancy and the coming abortion are common but are very seldom associated with doubts about the decision to have an abortion. PMID:11710423

  16. Legal Underpinnings for Creating Campus Computer Policy.

    ERIC Educational Resources Information Center

    Hodges, Marjorie W.; Worona, Steven L.

    1996-01-01

    Provides guidelines for the development of campus computer policies, focusing on legal issues related to adult material, harassment, privacy, commerce, and copyright. Notes that computer use policies and practices need to evolve in concert with the changing computer culture. (MDM)

  17. Bilingual Education: Legal Issues and Implications.

    ERIC Educational Resources Information Center

    McCarthy, Martha M.

    1981-01-01

    Reviews legal activity since the "Lau" decision that has focused on obligations of school districts to address the needs of English deficient students. Explores the decision's implications for further federal and state roles in establishing educational policy. (Author/GC)

  18. Assisted reproduction: Ethical and legal issues.

    PubMed

    Londra, Laura; Wallach, Edward; Zhao, Yulian

    2014-10-01

    Since inception, the use of assisted reproductive technologies (ART) has been accompanied by ethical, legal, and societal controversies. Guidelines have been developed to address many of these concerns; however, the rapid evolution of ART requires their frequent re-evaluation. We review the literature on ethical and legal aspects of ART, highlighting some of the most visible and challenging topics. Of specific interest are: reporting of ART procedures and outcomes; accessibility to ART procedures; issues related to fertility preservation, preimplantation genetic testing, gamete and embryo donation, and reproductive outcomes after embryo transfer. Improvements in ART reporting are needed nationally and worldwide. Reporting should include outcomes that enable patients to make informed decisions. Improving access to ART and optimizing long-term reproductive outcomes, while taking into account the legal and ethical consequences, are challenges that need to be addressed by the entire community of individuals involved in ART with the assistance of bioethicists, legal counselors, and members of society in general. PMID:25131898

  19. 40 CFR 52.2726 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ...) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Puerto Rico § 52.2726 Legal authority. (a) The requirements of § 51.230(f) of this chapter are not met, since Article 17 of Puerto Rico Act...

  20. Some Legal Aspects of Higher Education

    ERIC Educational Resources Information Center

    Kowalski, Casimir J.; And Others

    1977-01-01

    This article explores some legal aspects of public and private education, as well as several Amendments to the Constitution and their relationships to higher education: the First, Fourth, Fifth, Sixth, and Fourteenth Amendments. (Author)

  1. Legalization of marijuana: potential impact on youth.

    PubMed

    Joffe, Alain

    2004-06-01

    As experts in the health care of children and adolescents, pediatricians may be called on to advise legislators concerning the potential impact of changes in the legal status of marijuana on adolescents. Parents, too, may look to pediatricians for advice as they consider whether to support state-level initiatives that propose to legalize the use of marijuana for medical purposes or to decriminalize possession of small amounts of marijuana. This policy statement provides the position of the American Academy of Pediatrics on the issue of marijuana legalization, and the accompanying technical report (available online) reviews what is currently known about the relationship between adolescents' use of marijuana and its legal status to better understand how change might influence the degree of marijuana use by adolescents in the future. PMID:15173518

  2. 21 CFR 120.9 - Legal basis.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... CONSUMPTION HAZARD ANALYSIS AND CRITICAL CONTROL POINT (HACCP) SYSTEMS General Provisions § 120.9 Legal basis. Failure of a processor to have and to implement a Hazard Analysis and Critical Control Point (HACCP... implementation of its HACCP system....

  3. 21 CFR 120.9 - Legal basis.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... CONSUMPTION HAZARD ANALYSIS AND CRITICAL CONTROL POINT (HACCP) SYSTEMS General Provisions § 120.9 Legal basis. Failure of a processor to have and to implement a Hazard Analysis and Critical Control Point (HACCP... implementation of its HACCP system....

  4. 47 CFR 3.23 - Legal applicant.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... AUTHORITIES IN MARITIME AND MARITIME MOBILE-SATELLITE RADIO SERVICES Application Procedures § 3.23 Legal applicant. The application shall be signed by the individual, partner or primary officer of a...

  5. Surveying Our Legal Environment--Part One.

    ERIC Educational Resources Information Center

    Kaplan, Rochelle K.

    1989-01-01

    Reviews current Equal Employment Opportunity Laws and their effect on college placement and recruitment. Legal theories of discrimination are discussed, along with their effects on recruiting, the role and responsibilities of the placement office, and affirmative action. (TE)

  6. Desegregation in Education: A Legal Bibliography

    ERIC Educational Resources Information Center

    Wise, Michael B., Comp.

    1977-01-01

    Includes references on equal educational opportunity, educational finance, preferential admissions, higher education, racial discrimination in teacher employment, civil rights, school desegregation, legal education, minorities, desegregation litigation, busing, and due process of law. (AM)

  7. Standardizing Legal Content with OWL and RDF

    NASA Astrophysics Data System (ADS)

    Hondros, Constantine

    Wolters Kluwer is one of the largest legal publishers in the world. Its various publishing units use a multitude of different formats to mark up what is effectively similar content. We describe a common content architecture based on OWL, RDF and XHTML that is used to build a standard representation of legal content, allowing publishable assets to be integrated across the enterprise. This architecture is governed by an OWL ontology that models the (occasionally complex) behaviour of legal documents and acts as a domain model of common legal metadata. How do OWL and RDF scale up to real-world publishing? We describe practical issues in producing and validating RDF on an industrial scale; in performance management; in handling fragmented ontologies; and the challenge of using RDF in a performant XSLT pipeline.

  8. Managing Legal Texts in Requirements Engineering

    NASA Astrophysics Data System (ADS)

    Otto, Paul N.; Antón, Annie I.

    Laws and regulations are playing an increasingly important role in requirements engineering and systems development. Monitoring systems for requirements and policy compliance has been recognized in the requirements engineering community as a key area for research. Similarly, legal compliance is critical in systems development, especially given that non-compliance can result in both financial and criminal penalties. Working with legal texts can be very challenging, however, because they contain numerous ambiguities, cross-references, domain-specific definitions, and acronyms, and are frequently amended via new statutes, regulations, and case law. Requirements engineers and compliance auditors must be able to identify relevant legal texts, extract requirements and other key concepts, and monitor compliance. This chapter surveys research efforts over the past 50 years in handling legal texts for systems development. This survey can aid requirements engineers and auditors to better specify, test, and monitor systems for compliance.

  9. Chronic pain management: legal and licensure issues.

    PubMed

    Chang, Ku-Lang; Fillingim, Roger; Hurley, Robert W; Schmidt, Siegfried

    2015-05-01

    Legal and licensure issues are an inevitable aspect of treating patients with chronic pain. Clinicians need to ensure compliance with state medical board and federal guidelines. Prescription drug abuse continues to be a significant problem. Despite the legalization of medical marijuana in some states, there is currently no medical indication for prescribing marijuana; the exceptions are dronabinol and nabilone. These are approved by the Food and Drug Administration for chemotherapy-induced nausea and vomiting, and dronabinol also is approved for anorexia in patients with AIDS or cancer. Other legal issues concern establishment of chronic pain as a basis for disability status. Clinicians often are asked to provide a letter or assessment, such as a functional capacity evaluation, for documenting disability. Referral to a physical medicine and rehabilitation subspecialist or physical therapist for this evaluation should be considered. Balancing legal and licensure issues with the best interests of the patient can be challenging for clinicians. PMID:25970871

  10. Keeping secrets: the ethical and legal challenges.

    PubMed

    Rushton, C H; Infante, M C

    1995-01-01

    Blatant examples of breeches of confidentiality are less common in comparison to the daily indiscretions that occur by members of the health care team or support staff. Yet such breeches of confidentiality are rarely identified as ethical or legal problems and therefore remain unaddressed. To uphold their moral and legal obligation to protect private information, nurses must examine the nature of their obligations and devise strategies to create and maintain a culture that holds health care professionals accountable for their actions. PMID:8684853

  11. A legal version of the nanoworld

    NASA Astrophysics Data System (ADS)

    Lacour, Stéphanie

    2011-09-01

    Nanosciences and nanotechnologies come into a pre-existing legal system. Their arrival, and how they are received are worthy of analysis. Such an effort shall at first include simply lexical considerations, in order to penetrate, via their origins, the traces of these specific objects into the territory of law. The goal of this article is to explore the effects of "nanos" in various legal fields, including their relevance to the principle of precaution, patent law, and the applicable laws for chemical substances.

  12. Legal Considerations of Psychiatric Nursing Practice.

    PubMed

    Barloon, Linda Funk; Hilliard, Wanda

    2016-06-01

    There are major legal issues that affect psychiatric nursing and guidelines for practicing in a legal and responsible manner. Advances in understanding of psychiatric conditions and developments in how nurses care for psychiatric patients result in changes in regulations, case law, and policies that govern nursing practice. Professional development, keeping abreast of current research and literature regarding clinical practice and trends, and involvement in professional organizations are some of the ways that psychiatric nurses can meet the challenges of their profession. PMID:27229273

  13. Understanding How Grammatical Aspect Influences Legal Judgment.

    PubMed

    Sherrill, Andrew M; Eerland, Anita; Zwaan, Rolf A; Magliano, Joseph P

    2015-01-01

    Recent evidence suggests that grammatical aspect can bias how individuals perceive criminal intentionality during discourse comprehension. Given that criminal intentionality is a common criterion for legal definitions (e.g., first-degree murder), the present study explored whether grammatical aspect may also impact legal judgments. In a series of four experiments participants were provided with a legal definition and a description of a crime in which the grammatical aspect of provocation and murder events were manipulated. Participants were asked to make a decision (first- vs. second-degree murder) and then indicate factors that impacted their decision. Findings suggest that legal judgments can be affected by grammatical aspect but the most robust effects were limited to temporal dynamics (i.e., imperfective aspect results in more murder actions than perfective aspect), which may in turn influence other representational systems (i.e., number of murder actions positively predicts perceived intentionality). In addition, findings demonstrate that the influence of grammatical aspect on situation model construction and evaluation is dependent upon the larger linguistic and semantic context. Together, the results suggest grammatical aspect has indirect influences on legal judgments to the extent that variability in aspect changes the features of the situation model that align with criteria for making legal judgments. PMID:26496364

  14. Understanding How Grammatical Aspect Influences Legal Judgment

    PubMed Central

    Sherrill, Andrew M.; Eerland, Anita; Zwaan, Rolf A.; Magliano, Joseph P.

    2015-01-01

    Recent evidence suggests that grammatical aspect can bias how individuals perceive criminal intentionality during discourse comprehension. Given that criminal intentionality is a common criterion for legal definitions (e.g., first-degree murder), the present study explored whether grammatical aspect may also impact legal judgments. In a series of four experiments participants were provided with a legal definition and a description of a crime in which the grammatical aspect of provocation and murder events were manipulated. Participants were asked to make a decision (first- vs. second-degree murder) and then indicate factors that impacted their decision. Findings suggest that legal judgments can be affected by grammatical aspect but the most robust effects were limited to temporal dynamics (i.e., imperfective aspect results in more murder actions than perfective aspect), which may in turn influence other representational systems (i.e., number of murder actions positively predicts perceived intentionality). In addition, findings demonstrate that the influence of grammatical aspect on situation model construction and evaluation is dependent upon the larger linguistic and semantic context. Together, the results suggest grammatical aspect has indirect influences on legal judgments to the extent that variability in aspect changes the features of the situation model that align with criteria for making legal judgments. PMID:26496364

  15. AGU and Climate Science Legal Defense Fund Support Scientists Facing Legal Attack

    NASA Astrophysics Data System (ADS)

    Landau, Elizabeth

    2014-02-01

    A lawyer and a scientist walk into a room—but this is no joke. Scientists are facing subpoenas, Freedom of Information Act (FOIA) requests, and other legal issues regarding their scientific work. It is not part of a scientist's traditional training to learn how long to keep emails related to federally funded research or what to do if their research is subpoenaed. To assist members dealing with these matters AGU partnered, in 2013, with the Climate Science Legal Defense Fund (CSLDF) for a second year to put on the Legal Education for Scientists program, a series of events aimed at helping them navigate these often murky legal waters.

  16. 48 CFR 1552.211-76 - Legal analysis.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... 48 Federal Acquisition Regulations System 6 2011-10-01 2011-10-01 false Legal analysis. 1552.211... Legal analysis. As prescribed in 1511.011-76, insert this contract clause when it is determined that the contract involves legal analysis. Legal Analysis (APR 1984) The Contractor shall furnish to the...

  17. Business Services and Technology. Legal Careers Instructional Guide.

    ERIC Educational Resources Information Center

    Eastern Michigan Univ., Ypsilanti.

    This instructional guide focuses on legal careers, a part of the Business Services and Technology Program developed by the Michigan Department of Education Office of Career and Technical Education. It provides a variety of curriculum materials for teaching about the occupations of legal office specialist and legal assistant. The legal office…

  18. 20 CFR 222.33 - Relationship resulting from legal adoption.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 20 Employees' Benefits 1 2013-04-01 2012-04-01 true Relationship resulting from legal adoption... RETIREMENT ACT FAMILY RELATIONSHIPS Relationship as Child § 222.33 Relationship resulting from legal adoption... applicable State law. Legal adoption differs from equitable adoption in that in the case of legal...

  19. 20 CFR 222.33 - Relationship resulting from legal adoption.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 20 Employees' Benefits 1 2012-04-01 2012-04-01 false Relationship resulting from legal adoption... RETIREMENT ACT FAMILY RELATIONSHIPS Relationship as Child § 222.33 Relationship resulting from legal adoption... applicable State law. Legal adoption differs from equitable adoption in that in the case of legal...

  20. 20 CFR 222.33 - Relationship resulting from legal adoption.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 20 Employees' Benefits 1 2010-04-01 2010-04-01 false Relationship resulting from legal adoption... RETIREMENT ACT FAMILY RELATIONSHIPS Relationship as Child § 222.33 Relationship resulting from legal adoption... applicable State law. Legal adoption differs from equitable adoption in that in the case of legal...

  1. 20 CFR 222.33 - Relationship resulting from legal adoption.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 20 Employees' Benefits 1 2011-04-01 2011-04-01 false Relationship resulting from legal adoption... RETIREMENT ACT FAMILY RELATIONSHIPS Relationship as Child § 222.33 Relationship resulting from legal adoption... applicable State law. Legal adoption differs from equitable adoption in that in the case of legal...

  2. 20 CFR 222.33 - Relationship resulting from legal adoption.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 20 Employees' Benefits 1 2014-04-01 2012-04-01 true Relationship resulting from legal adoption... RETIREMENT ACT FAMILY RELATIONSHIPS Relationship as Child § 222.33 Relationship resulting from legal adoption... applicable State law. Legal adoption differs from equitable adoption in that in the case of legal...

  3. Legal Informatics: Application of Information Technology in Law.

    ERIC Educational Resources Information Center

    Erdelez, Sanda; O'Hare, Sheila

    1997-01-01

    Reviews the literature on legal information systems/CALR (computer-assisted legal research) and law office automation, including legal expert systems and information technology applications relevant to legal education and courts. The new phenomenon of Internet use in the field of law is also discussed. Contains 128 references. (AEF)

  4. The Role of Legal Education in Shaping the Profession.

    ERIC Educational Resources Information Center

    Edwards, Harry T.

    1988-01-01

    Legal education is falling short of any meaningful effort to shape the legal profession. Too many members of the law school community are either indifferent to or hopelessly naive about the problems of legal practice. Law schools must address major structural problems threatening the legal system. (MSE)

  5. 32 CFR 776.67 - Judicial and legal officers.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 32 National Defense 5 2011-07-01 2011-07-01 false Judicial and legal officers. 776.67 Section 776... Rules of Professional Conduct § 776.67 Judicial and legal officers. (a) Judicial and legal officers. A... officer, hearing officer, adjudicatory officer, or public legal officer, or of a candidate for election...

  6. 32 CFR 776.67 - Judicial and legal officers.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... appointment to judicial or legal office. (b) ... 32 National Defense 5 2010-07-01 2010-07-01 false Judicial and legal officers. 776.67 Section 776... Rules of Professional Conduct § 776.67 Judicial and legal officers. (a) Judicial and legal officers....

  7. The Legal Education of Workers and Managers in the USSR.

    ERIC Educational Resources Information Center

    Sukharev, A. Y.

    1988-01-01

    The author, the Procurator-General of the Union of Soviet Socialist Republics, discusses his country's system of legal education for working persons. Topics include (1) the concept and goals; (2) the system and formats; (3) legal education for workers; (4) legal education for managers; and (5) legal education and the media. (CH)

  8. 5 CFR 582.202 - Service of legal process.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... GARNISHMENT OF FEDERAL EMPLOYEES' PAY Service of Legal Process § 582.202 Service of legal process. (a) A person using this part shall serve interrogatories and legal process on the agent to receive process as... 5 Administrative Personnel 1 2011-01-01 2011-01-01 false Service of legal process. 582.202...

  9. 5 CFR 582.305 - Honoring legal process.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 5 Administrative Personnel 1 2011-01-01 2011-01-01 false Honoring legal process. 582.305 Section 582.305 Administrative Personnel OFFICE OF PERSONNEL MANAGEMENT CIVIL SERVICE REGULATIONS COMMERCIAL GARNISHMENT OF FEDERAL EMPLOYEES' PAY Compliance With Legal Process § 582.305 Honoring legal process. (a) The agency shall comply with legal...

  10. 45 CFR 505.2 - Persons under legal disability.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... 45 Public Welfare 3 2011-10-01 2011-10-01 false Persons under legal disability. 505.2 Section 505... under legal disability. (a) Claims may be submitted on behalf of persons who, being otherwise eligible... legal disability, by the natural or legal guardian, committee, conservator, curator, or any other...

  11. 45 CFR 505.2 - Persons under legal disability.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 45 Public Welfare 3 2013-10-01 2013-10-01 false Persons under legal disability. 505.2 Section 505... under legal disability. (a) Claims may be submitted on behalf of persons who, being otherwise eligible... legal disability, by the natural or legal guardian, committee, conservator, curator, or any other...

  12. 45 CFR 505.2 - Persons under legal disability.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... 45 Public Welfare 3 2014-10-01 2014-10-01 false Persons under legal disability. 505.2 Section 505... under legal disability. (a) Claims may be submitted on behalf of persons who, being otherwise eligible... legal disability, by the natural or legal guardian, committee, conservator, curator, or any other...

  13. 45 CFR 505.2 - Persons under legal disability.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... 45 Public Welfare 3 2012-10-01 2012-10-01 false Persons under legal disability. 505.2 Section 505... under legal disability. (a) Claims may be submitted on behalf of persons who, being otherwise eligible... legal disability, by the natural or legal guardian, committee, conservator, curator, or any other...

  14. 42 CFR 57.1511 - Opinion of legal counsel.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... 42 Public Health 1 2011-10-01 2011-10-01 false Opinion of legal counsel. 57.1511 Section 57.1511... Personnel § 57.1511 Opinion of legal counsel. At appropriate stages in the application and approval... memorandum or opinion of legal counsel with respect to the legality of any proposed note issue, the...

  15. 45 CFR 505.2 - Persons under legal disability.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 45 Public Welfare 3 2010-10-01 2010-10-01 false Persons under legal disability. 505.2 Section 505... under legal disability. (a) Claims may be submitted on behalf of persons who, being otherwise eligible... legal disability, by the natural or legal guardian, committee, conservator, curator, or any other...

  16. Legal Literature Survey: A Bibliography for a Workshop on Unraveling Government and Legal Documents.

    ERIC Educational Resources Information Center

    Shannon, Michael O.

    This bibliography is an attempt to provide an introduction to the literature of law, and a guide for the librarian in the non-legal collection. It is selective, with emphasis on acquisition tools, bibliographies, organization manuals, and legal reference books, including guides to research, dictionaries, directories, and manuals for legal…

  17. Law in Context: Teaching Legal Studies through the Lens of Extra-Legal Sources

    ERIC Educational Resources Information Center

    Miller, Sandra K.; DiMatteo, Larry A.

    2012-01-01

    The purpose of this article is to persuade legal studies teachers of the benefits of using works from other disciplines to illustrate the rationales for law, the greater context in which the legal order operates, and the relationship between law and society. The tangential benefits of using works from other disciplines are the enhancement of the…

  18. Local Legal Infrastructure and Population Health

    PubMed Central

    Patton, Dana J.

    2012-01-01

    Objectives. We explored the association between the legal infrastructure of local public health, as expressed in the exercise of local fiscal and legislative authority, and local population health outcomes. Methods. Our unit of analysis was public health jurisdictions with at least 100 000 residents. The dependent variable was jurisdiction premature mortality rates obtained from the Mobilize Action Toward Community Health (MATCH) database. Our primary independent variables represented local public health’s legal infrastructure: home rule status, board of health power, county government structure, and type of public health delivery system. Several control variables were included. We used a regression model to test the relationship between the varieties of local public health legal infrastructure identified and population health status. Results. The analyses suggested that public health legal infrastructure, particularly reformed county government, had a significant effect on population health status as a mediator of social determinants of health. Conclusions. Because states shape the legal infrastructure of local public health through power-sharing arrangements, our findings suggested recommendations for state legislation that positions local public health systems for optimal impact. Much more research is needed to elucidate the complex relationships among law, social capital, and population health status. PMID:22897523

  19. [Legal consequences in cases of child abuse].

    PubMed

    Clauß, D; Richter, C; Klohs, G; Heide, S

    2013-09-01

    Medical child protection includes besides interdisciplinary diagnostics and treatment of physical and psychological symptoms also a discussion that looks at the ensuing legal consequences.This study analyses 21 criminally investigated cases of suspected child abuse from a 2 year study period and compares severity of injury to legal outcome.7 of those 21 criminal proceedings were already dropped by the prosecution and never went to trial. 4 of the 8 cases that led to a trial ended with a conviction. In all of the 4 cases that resulted in an acquittal the judges had been convinced that the child had been abused but found themselves unable to exactly identify the perpetrator. Our study's cases did not show a positive correlation between severity of injury and legal outcome.Diagnosing and treating children and minors within the context of medical child protection should always also include the ques-tion of possible legal consequences. The judicial process in cases of serious child abuse requires high medical expertise. Such expertise particularly includes the ability to determine the time of injury as exactly as possible and to provide precise written documentation of any medical findings. However, our study also shows that medical assessment is only one of many aspects in the legal response to child abuse. PMID:23975849

  20. Legal briefing: voluntarily stopping eating and drinking.

    PubMed

    Pope, Thaddeus Mason; West, Amanda

    2014-01-01

    This issue's "Legal Briefing" column covers recent legal developments involving voluntarily stopping eating and drinking (VSED). Over the past decade, clinicians and bioethicists have increasingly recognized VSED as a medically and ethically appropriate means to hasten death. Most recently, in September 2013, the National Hospice and Palliative Care Organization (NHPCO) called on its 2,000 member hospices to develop policies and guidelines addressing VSED. And VSED is getting more attention not only in healthcare communities, but also in the general public. For example, VSED was recently highlighted on the front page of the New York Times and in other national and local media. Nevertheless, despite the growing interest in VSED, there remains little on-point legal authority and only sparse bioethics literature analyzing its legality.This article aims to fill this gap. Specifically, we focus on new legislative, regulatory, and judicial acts that clarify the permissibility of VSED. We categorize these legal developments into the following seven categories: 1. Definition of VSED. 2. Uncertainty Whether Oral Nutrition and Hydration Are Medical Treatment. 3. Uncertainty Regarding Providers' Obligations to Patients Who Choose VSED. 4. Judicial Guidance from Australia. 5. Judicial Guidance from the United Kingdom. PMID:24779321

  1. The changing purpose of mental health law: From medicalism to legalism to new legalism.

    PubMed

    Brown, Jennifer

    2016-01-01

    The role of law in regulating mental health detention has come to engender great contention in the legal and sociological disciplines alike. This conflict is multifaceted but is centred upon the extent to which law should control the psychiatric power of detention. In this manner the evolution of law regulating mental health detention has been seen in terms of a pendulous movement between two extremes of medicalism and legalism. Drawing on socio-legal literature, legislation, international treaties and case law this article examines the changing purpose of mental health law from an English and Council of Europe perspective by utilizing the concepts of medicalism, legalism and new legalism as descriptive devices before arguing that the UN Convention on the Rights of Persons with Disabilities goes further than all of these concepts and has the potential to influence mental health laws internationally. PMID:27059132

  2. [Legal implications of complementary and alternative therapies].

    PubMed

    Bergmann, Karl Otto

    2008-01-01

    Complementary therapies require a differentiated treatment by all the legal fields involved. First, this refers to medical malpractice law dealing with the question of medical indication, its interaction with "classical" medicine and the need for extensive patient information on the potential ineffectiveness of the--partly very expensive--complementary therapies. Second, it also refers to the legal specifications of the medical profession as well as health insurance law. The question is whether the expenses of an alternative therapy are borne by the statutory or private health insurance and whether it is justified to try a complementary therapy when faced with an incurable disease. In the following the range of legal aspects shall be illuminated on the basis of the relevant jurisdiction. PMID:19213454

  3. Drinking and driving: choosing the legal limits.

    PubMed Central

    Dunbar, J A; Penttila, A; Pikkarainen, J

    1987-01-01

    The legal limit for drinking and driving in Britain is 80 mg/dl (17.4 mmol/l) of alcohol in the blood. This was chosen 20 years ago on the basis of studies that have recently been reanalysed. Changes in public opinion, the results of recent research, and the evaluation of other countermeasures, such as random breath testing, show that there are good grounds for revising the legal limit downwards. It is suggested that the legal limit should be reduced from 80 mg/dl to 50 mg/dl (10.9 mmol/l) and random breath testing introduced as in most Nordic countries. A zero limit is proposed for learner and first year drivers, who are likely to have accidents even with low concentrations of alcohol in their blood. PMID:3121062

  4. [Legal aspects in pediatric and adolescent gynecology].

    PubMed

    Sowińska-Przepiera, Elzbieta; Jarzabek-Bielecka, Grazyna; Andrysiak-Mamos, Elzbieta; Syrenicz, Anhelli; Friebe, Zbigniew; Kedzia, Witold; Pawlaczyk, Michał

    2013-02-01

    Childhood and adolescent gynecology is an emerging specialty at the intersection of pediatrics, pediatric endocrinology gynecology pediatric surgery dermatology psychiatry, public health medicine and genetics, and in fact addresses many legal issues. Poland lacks a uniform standing of medical and legal environments on how to deal with a juvenile patient who has become sexually active and seeks the advice of a gynecologist, gynecologic examination and requests to be prescribed contraceptives. It needs to be taken into account that in Poland a parent or a legal guardian has legal guardianship, custody and control of a child until 18 years of age but once a juvenile reaches the chronological age of 16 years, and is given full rights of a patient, both parties need to consent to medical care. According to the Act on Health Care Institutions, a patient has the right to self-determination, respect for physical and mental integrity as well as privacy whereas, after the patient reaches the age of 16 years, the legal representative becomes in practice a mere co-decision maker to have medical services performed. Therefore, information obtained from a juvenile patient during physical test and medical interview does not have to be revealed to a legal representative, if the patient requests confidentiality and on condition it does not affect patient health and/or the planned medical procedures (e.g. the need to perform an operation). Knowledge about procedures for juvenile patients shall enable doctors to make conscious choices about conduct and care or in most cases, only advice, without the risk of breaching the Polish law. PMID:23668060

  5. The Dutch Euthanasia Act: recent legal developments.

    PubMed

    Legemaate, Johan; Bolt, Ineke

    2013-12-01

    The Dutch Termination of Life on Request and Assisted Suicide Act [Wet toetsing levensbeëindiging op verzoek en hulp bij zelfdoding (Wtl)] came into force in 2002. Its aim is to increase the degree of due care exercised by physicians when terminating a patient's life and to provide a legal framework within which physicians account for their actions in such cases. On the basis of the second evaluation of the Act, published in December 2012, this article provides an overview of the most recent legal developments regarding the Dutch Euthanasia Act. Special attention is given to patients with dementia, psychiatric patients and patient who are "weary of life". PMID:24437331

  6. Seventeen years of legalized abortion in Singapore.

    PubMed

    Saw, S

    1988-06-01

    "In this paper we first discuss the two-stage process of legalizing induced abortion in Singapore, the initial legalization to make it available on a restrictive basis in 1970 and the complete liberalization to make it available on demand from 1975 onwards. The incidence of abortions registered in the last seventeen years and the major characteristics of aborters are analysed. The impact of abortion on the rapid decline of fertility to below-replacement level is highlighted, and the need to reduce abortion by amending the more liberal aspects of the law are considered at the end of the paper." PMID:12341971

  7. Desarrollo de la Escala sobre el Estigma Relacionado con el VIH/SIDA para Profesionales de la Salud mediante el uso de métodos mixtos123

    PubMed Central

    Varas-Díaz, Nelson; Neilands, Torsten B.; Guilamo-Ramos, Vincent; Cintrón Bou, Francheska N.

    2009-01-01

    El estigma relacionado con el VIH/SIDA continúa siendo un obstáculo para la prevención primaria y secundaria del VIH. Las consecuencias para las personas que viven con la enfermedad han sido muy documentadas y continúan siendo una gran preocupación para las personas que proveen servicios de salud y para aquellas que investigan el tema. Estas consecuencias son preocupantes cuando el estigma emana de profesionales de la salud porque se puede limitar el acceso a los servicios. Uno de los principales obstáculos para la investigación del estigma relacionado con el VIH en Puerto Rico es la falta de instrumentos cuantitativos para evaluar las manifestaciones del estigma entre profesionales de la salud. El objetivo principal de este estudio fue desarrollar y probar las propiedades psicométricas de una escala sobre el estigma relacionado con el VIH/SIDA culturalmente apropiada para personas que proveen servicios de salud puertorriqueñas y desarrollar una versión corta de la escala que pudiera usarse en escenarios clínicos con tiempo limitado. El instrumento desarrollado estuvo basado en evidencia cualitativa recopilada entre profesionales y estudiantes de profesiones de la salud puertorriqueños/as (n=80) y administrado a una muestra de 421 profesionales de la salud en adiestramiento. La escala contenía 12 dimensiones del estigma relacionado con el VIH/SIDA. El análisis cuantitativo corroboró 11 de ellas, teniendo como resultado un instrumento con validez y confiabilidad satisfactoria. Estas dimensiones, a su vez, fueron subcomponentes de un factor de estigma general superior. PMID:20333258

  8. Legal Issues in Anonymity and Pseudonymity.

    ERIC Educational Resources Information Center

    Froomkin, A. Michael

    1999-01-01

    Regulation of anonymous and pseudonymous communications is an important and contentious Internetrelated issues of the 21st century. Resolution of this controversy will effect freedom of speech, nature of electronic commerce, and capabilities of law enforcement. The legal constraints on anonymous communication, and the constitutional constraints on…

  9. Legal Implications of Profiling Students for Violence.

    ERIC Educational Resources Information Center

    Bailey, Kirk A.

    2001-01-01

    Discusses how predicting violent activity with a youth violence profile in school raises legal concerns focusing on the validity and use of profiles as social science evidence: the impact of potential discrimination, search and seizure, and the implications for privacy. Argues that these issues rest on fundamental concerns about the general…

  10. The Legal Status of Adolescents 1980.

    ERIC Educational Resources Information Center

    Regional Inst. of Social Welfare Research, Athens, GA.

    This report presents both compilation of recent information on the legal status of adolescents in the United States and a resource for assessing the changes and trends faced by today's adolescents. The first eleven chapters of the report present summary tables and accompanying assessments of the sources of change that occurred in the statutory law…

  11. Legal Issues in Public School Employment.

    ERIC Educational Resources Information Center

    Beckham, Joseph, Ed.; Zirkel, Perry A., Ed.

    The relationship between public schools and their employees is one of the most frequently litigated aspects of American education. Accordingly, the chapters in this text present a comprehensive and current report of legal issues in public school employment. Chapter titles and authors are as follows: (1) "Critical Elements of the Employment…

  12. Legal Protections Gay Students Must Receive

    ERIC Educational Resources Information Center

    Underwood, Julie

    2004-01-01

    This article discusses practical guidance on schools' legal rights and responsibilities with respect to students, programs, and curriculum. Like all other individuals, lesbian, gay, bisexual, and transgender (LGBT) students are guaranteed equal protection under the Fourteenth Amendment to the Constitution and free speech and association under the…

  13. Legal Aspects of Educating the Developmentally Disabled.

    ERIC Educational Resources Information Center

    Turnbull, H. Rutherford, III

    A major legal development in the 1970s has been the extension of the principle of egalitarianism to the developmentally disabled, particularly the mentally retarded. The principle that all persons, however unequal they may be in terms of their development, should be treated equally in the sense of being granted equal opportunities has been…

  14. Legal Aspects of Cardiac Rehabilitation Exercise Programs.

    ERIC Educational Resources Information Center

    Herbert, William; Herbert, David L.

    1988-01-01

    A medical model is used to examine liability issues related to cardiac rehabilitation programs. Obtaining effective informed consent from patients, standardizing policies and procedures, and exercise prescription and monitoring are among the proposed elements of a risk management model for developing safe and legally defensible programs. (IAH)

  15. A Legal Perspective of the Parietal Rule.

    ERIC Educational Resources Information Center

    Keller, Barbara Y.

    The legal issues involved in requiring students to live on campus, the parietal rule, are examined. It is suggested that the reason for establishing student housing and the rationale justifying the establishment of residence halls are important aspects of the question. Court cases are cited from 1899 that upheld the college's right to exemption…

  16. 14 CFR 77.47 - Legal officer.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 14 Aeronautics and Space 2 2011-01-01 2011-01-01 false Legal officer. 77.47 Section 77.47 Aeronautics and Space FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION (CONTINUED) AIRSPACE OBJECTS AFFECTING NAVIGABLE AIRSPACE (Eff. until 1-18-11) Rules of Practice for Hearings Under Subpart...

  17. Citing Legal Material in APA Journals.

    ERIC Educational Resources Information Center

    Osborne, Allan G., Jr.

    1992-01-01

    Guidelines are offered to authors on the correct citation format for legal references, including statutes and regulations, court decisions, and law review articles. Standards are based on those published by the Harvard Law Review Association and the American Psychological Association. (DB)

  18. Top 10 Campus Legal Issues for Boards

    ERIC Educational Resources Information Center

    White, Lawrence

    2015-01-01

    A principle responsibility of a board member is to understand the environment in which his or her institution operates. Today, that environment includes a host of legal risks that every institution of higher education must be prepared to assess and proactively address. Colleges and universities work to contain and manage those risks through such…

  19. The Legal Implications of Fraternity Hazing.

    ERIC Educational Resources Information Center

    Richmond, Douglas R.

    1989-01-01

    Discusses legal problems surrounding fraternity hazing by college students. Discusses criminal liability, civil liability of individual fraternity members, civil liability of alumni governing boards, institutional liability, and risk management. Contends student affairs administrators who recognize hazing offends institutional values must also…

  20. What Makes It Tough Teaching Legal Ethics

    ERIC Educational Resources Information Center

    Niehoff, Leonard M.

    2006-01-01

    Teaching legal ethics can be a difficult job, as students often come to the course thinking it will be a waste of time--either because they believe it is impossible to find provably correct answers to ethical problems, or because they think that the answers are obvious. This attitude prevents a collection of challenges: the teacher must engage…

  1. Reduction in Force: A Legal Update.

    ERIC Educational Resources Information Center

    Beckham, Joseph C.

    Courts have been reluctant to interfere with the decision-making authority of local school boards. However, a reduction-in-force (RIF) decision can be legally challenged by a discharged employee with evidence that the school board has either: (1) acted arbitrarily or capriciously, (2) failed to comply with procedural mandates, or (3) utilized…

  2. Reduction in Force: The Legal Aspects.

    ERIC Educational Resources Information Center

    Ware, Martha L.

    Six legal issues surrounding a school district's reduction in force are described in this twelfth chapter in a book on school law. First, the courts generally hold that the school board must prove that a reduction in force (RIF) is inescapable. The second issue revolves around which positions and employees are being eliminated. In deciding such…

  3. Teenage Pregnancy and Schooling: Legal Considerations.

    ERIC Educational Resources Information Center

    Belsches-Simmons, Grace

    School policy on teenage pregnancy must take into account a variety legal considerations. Up until recently, the favored way of dealing with pregnant pupils or pupils who are mothers was to exclude them from school. Several law cases involving instances of exclusion and segregation of pregnant pupils are cited. The 14th Amendment's guarantee of…

  4. The Legal Confines of School Reform.

    ERIC Educational Resources Information Center

    DeMitchell, Todd A.

    1997-01-01

    Genuine reforms are impossible without addressing deleterious effects of legally binding mechanisms such as collective bargaining and unionism. An adversarial industrial-labor model will not serve a profession crying for collegiality and collaboration. School finance and desegregation litigation has had limited success in improving schools.…

  5. Helping Student Teachers Avoid Adverse Legal Actions.

    ERIC Educational Resources Information Center

    Peach, Larry; Reddick, Thomas L.

    1984-01-01

    Discusses five areas of the school environment lending themselves to the possibility of teacher and student teacher liability: negligence, malpractice, rights to privacy, field trips, and search of students and school property. Suggests specific guidelines for decreasing the possibility of adverse legal action. (NEC)

  6. Reporting Child Abuse and Neglect: Legal Requirements.

    ERIC Educational Resources Information Center

    Yell, Mitchell L.

    1996-01-01

    This article reviews federal and state legal mandates to report child abuse. It addresses the issue of immunity from civil suit and criminal prosecution for reporting suspected child abuse or neglect, along with the criminal prosecution that may result if suspected child abuse or neglect is not reported. (CR)

  7. Legal Portion in Russian Inheritance Law

    ERIC Educational Resources Information Center

    Inshina, Roza; Murzalimova, Lyudmila

    2013-01-01

    In this paper the authors describe the right to inherit as one of the basic human rights guaranteed by the Constitution of the Russian Federation. The state has set rules according to which after a person's death, his or her property is inherited by other persons. The Russian civil legislation establishes the institution of legal portions that is…

  8. Legal Aspects of University Autonomy in Brazil

    ERIC Educational Resources Information Center

    Ranieri, Nina Beatriz Stocco

    2009-01-01

    State control over higher education has been provided for in the Brazilian legal system since the establishment of the republic, with university autonomy having been the object of six reforms of higher education and various federal decrees up until the federal constitution of 1988, which upheld it in Article 207. In a country with a limited and…

  9. 45 CFR 1321.71 - Legal assistance.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ..., DEPARTMENT OF HEALTH AND HUMAN SERVICES THE ADMINISTRATION ON AGING, OLDER AMERICANS PROGRAMS GRANTS TO STATE AND COMMUNITY PROGRAMS ON AGING Service Requirements § 1321.71 Legal assistance. (a) The provisions... other statements on legislation or other issues related to aging; provided that no such action will...

  10. 45 CFR 1321.71 - Legal assistance.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ..., DEPARTMENT OF HEALTH AND HUMAN SERVICES THE ADMINISTRATION ON AGING, OLDER AMERICANS PROGRAMS GRANTS TO STATE AND COMMUNITY PROGRAMS ON AGING Service Requirements § 1321.71 Legal assistance. (a) The provisions... other statements on legislation or other issues related to aging; provided that no such action will...

  11. 45 CFR 1321.71 - Legal assistance.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ..., DEPARTMENT OF HEALTH AND HUMAN SERVICES THE ADMINISTRATION ON AGING, OLDER AMERICANS PROGRAMS GRANTS TO STATE AND COMMUNITY PROGRAMS ON AGING Service Requirements § 1321.71 Legal assistance. (a) The provisions... other statements on legislation or other issues related to aging; provided that no such action will...

  12. 45 CFR 1321.71 - Legal assistance.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ..., DEPARTMENT OF HEALTH AND HUMAN SERVICES THE ADMINISTRATION ON AGING, OLDER AMERICANS PROGRAMS GRANTS TO STATE AND COMMUNITY PROGRAMS ON AGING Service Requirements § 1321.71 Legal assistance. (a) The provisions... other statements on legislation or other issues related to aging; provided that no such action will...

  13. 45 CFR 1321.71 - Legal assistance.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ..., DEPARTMENT OF HEALTH AND HUMAN SERVICES THE ADMINISTRATION ON AGING, OLDER AMERICANS PROGRAMS GRANTS TO STATE AND COMMUNITY PROGRAMS ON AGING Service Requirements § 1321.71 Legal assistance. (a) The provisions... other statements on legislation or other issues related to aging; provided that no such action will...

  14. Functional Behavioral Assessments: Legal Requirements and Challenges.

    ERIC Educational Resources Information Center

    Drasgow, Erik; Yell, Mitchell L.

    2001-01-01

    This article presents the legal requirements of the Individuals with Disabilities Education Act Amendments regarding Individualized Education Programs (IEP), functional behavioral assessments, and behavior intervention plans for special education students with problem behavior; describes the initial policy letters and due process hearings that…

  15. 78 FR 67983 - Proposed Legal Interpretation

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-11-13

    ... qualification. See 35 FR 84, 87 (Jan. 3, 1970); Legal Interpretation 1978-27. Rather, it covers broad PIC qualification requirements, inclusive of PIC proficiency checks. See 30 FR 6725, 6725 (May 18, 1965) (requiring... proficiency checks as the pilot in command); 34 FR 6112, 6113 (April 4, 1969) (proposing 121.432(c),...

  16. Integrating legal liabilities in nanomanufacturing risk management.

    PubMed

    Mohan, Mayank; Trump, Benjamin D; Bates, Matthew E; Monica, John C; Linkov, Igor

    2012-08-01

    Among other things, the wide-scale development and use of nanomaterials is expected to produce costly regulatory and civil liabilities for nanomanufacturers due to lingering uncertainties, unanticipated effects, and potential toxicity. The life-cycle environmental, health, and safety (EHS) risks of nanomaterials are currently being studied, but the corresponding legal risks have not been systematically addressed. With the aid of a systematic approach that holistically evaluates and accounts for uncertainties about the inherent properties of nanomaterials, it is possible to provide an order of magnitude estimate of liability risks from regulatory and litigious sources based on current knowledge. In this work, we present a conceptual framework for integrating estimated legal liabilities with EHS risks across nanomaterial life-cycle stages using empirical knowledge in the field, scientific and legal judgment, probabilistic risk assessment, and multicriteria decision analysis. Such estimates will provide investors and operators with a basis to compare different technologies and practices and will also inform regulatory and legislative bodies in determining standards that balance risks with technical advancement. We illustrate the framework through the hypothetical case of a manufacturer of nanoscale titanium dioxide and use the resulting expected legal costs to evaluate alternative risk-management actions. PMID:22717005

  17. HIV, drugs and the legal environment

    PubMed Central

    Strathdee, Steffanie A.; Beletsky, Leo; Kerr, Thomas

    2014-01-01

    A large body of scientific evidence indicates that policies based solely on law enforcement without taking into account public health and human rights considerations increase the health risks of people who inject drugs (PWIDs) and their communities. Although formal laws are an important component of the legal environment supporting harm reduction, it is the enforcement of the law that affects PWIDs' behavior and attitudes most acutely. This commentary focuses primarily on drug policies and policing practices that increase PWIDs' risk of acquiring HIV and viral hepatitis, and avenues for intervention. Policy and legal reforms that promote public health over the criminalization of drug use and PWID are urgently needed. This should include alternative regulatory frameworks for illicit drug possession and use. Changing legal norms and improving law enforcement responses to drug-related harms requires partnerships that are broader than the necessary bridges between criminal justice and public health sectors. HIV prevention efforts must partner with wider initiatives that seek to improve police professionalism, accountability, and transparency and boost the rule of law. Public health and criminal justice professionals can work synergistically to shift the legal environment away from one that exacerbates HIV risks to one that promotes safe and healthy communities. PMID:25265900

  18. Legal Bases for Dealing with Academic Dishonesty

    ERIC Educational Resources Information Center

    Bricault, Dennis

    2007-01-01

    Academic dishonesty poses a threat to the goals of every educational institution. This article draws heavily from current literature and case law to provide an overview of academic dishonesty, paying particular attention to associated legal aspects, such as due process, the content and communication of policies, sanctions, prevention, and…

  19. Legal History Meets the Honors Program

    ERIC Educational Resources Information Center

    Bennett, Robert B., Jr.

    2009-01-01

    In this article, the author discusses the "Law and Culture" course that he developed to teach in the Butler University Honors Program. The course looks at some landmark periods or events in legal history and explores how those events were the product of their culture, and how they affected their culture. Among the events or periods that the author…

  20. The Medicalization and Legalization of Child Abuse.

    ERIC Educational Resources Information Center

    Newberger, Eli H.; Bourne, Richard

    The authors propose that theoretical confusion and clinical inadequacy regarding child abuse is due, in part, from medical and legal ambiguity concerning child abuse and from dilemmas surrounding social policy and the professional response toward families and children. The dilemmas of social policy (family autonomy versus coercive intervention)…

  1. Judicial Attitude toward Legal Rights and AIDS.

    ERIC Educational Resources Information Center

    Stavis, Paul F.

    1989-01-01

    Caselaw that functions as law until statutes are enacted has been characteristic of legal issues surrounding the HIV (Human Immunodeficiency Virus) and AIDS (Acquired Immune Deficiency Syndrome) diseases. In most cases such caselaw has protected the civil rights of persons with HIV/AIDS under established law as well as the traditions of Western…

  2. Children's Health in a Legal Framework

    ERIC Educational Resources Information Center

    Huntington, Clare; Scott, Elizabeth

    2015-01-01

    The U.S. legal system gives parents the authority and responsibility to make decisions about their children's health care, and favors parental rights over society's collective responsibility to provide for children's welfare. Neither the federal government nor state governments have an affirmative obligation to protect and promote children's…

  3. Clinical Legal Education from Systems Perspective.

    ERIC Educational Resources Information Center

    Cahn, Edgar S.

    1980-01-01

    Clinical legal education, closely related to the objective of developing lawyer competence, involves the creation, organization, and management of a total educational environment. Therefore development of a clinical program requires special attention and special resource planning. Available from Dennis & Co., 251 Main St., Buffalo, NY 14203. (MSE)

  4. The legal status of 'no code orders'.

    PubMed

    Memel, S L; Lemkin, J W

    1978-05-01

    No code orders, lacking explicit definition and direct legal authority, pose many liability hazards for hospital medical staffs dealing with terminally ill patients. The decision to withhold life-support procedures must consider the high risk involved. Various situations that might entail no code orders are presented along with suggestions concerning the use of these orders. PMID:10306909

  5. Legal high’ associated Wallenberg syndrome

    PubMed Central

    Arora, Alok; Kumar, Anil; Raza, Muhammad Naeem

    2013-01-01

    Legal highs’ are substances of synthetic or natural origin having psychotropic properties. ‘Legal highs’ are often new and, in many cases, the actual chemical ingredients in a branded product can be changed without notifications and the risks are unpredictable. Acute recreational drug toxicity is a common reason for presentation to both hospital and prehospital medical services. It appears that, generally, the pattern of toxicity associated with ‘legal highs’ is broadly similar to that seen with classical stimulant recreational drugs such as cocaine, MDMA (3,4 methylenedioxy-N-methyl amphetamine) and amphetamine. Lack of clear literature pertaining to their chemical properties, pharmacology and toxicology makes an evaluation of their effects difficult. We describe a unique case in which consumption of such a substance led to hospital admission and a diagnosis of ‘lateral medullary stroke’ or ‘Wallenberg syndrome’. We believe that this is the first described case of a ‘legal high’ intake linked to a posterior circulation stroke. PMID:23709150

  6. The Reliability and Legality of Online Education

    ERIC Educational Resources Information Center

    Agbebaku, C. A.; Adavbiele, A. Justina

    2016-01-01

    Today, the classroom beyond the border through online Open University education in Nigeria has made it possible for many students to obtain university degrees. However, the reliability and legality of such degrees have become questionable. This paper is a descriptive exploratory case study regarding the public and private sector end-users, whose…

  7. A Legal Guide for Student Affairs Professionals.

    ERIC Educational Resources Information Center

    Kaplin, William A.; Lee, Barbara A.

    Today's college campuses offer student affairs divisions a multitude of challenges. Ways in which student affairs professionals can develop the capacities they need to successfully meet a myriad of legal concerns are covered in this text. The book is divided into 12 chapters and covers approximately 200 topics. It organizes and conceptualizes the…

  8. 21 CFR 1404.965 - Legal proceedings.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 21 Food and Drugs 9 2011-04-01 2011-04-01 false Legal proceedings. 1404.965 Section 1404.965 Food and Drugs OFFICE OF NATIONAL DRUG CONTROL POLICY GOVERNMENTWIDE DEBARMENT AND SUSPENSION... civil judicial proceeding, including a proceeding under the Program Fraud Civil Remedies Act (31...

  9. 21 CFR 1404.965 - Legal proceedings.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 21 Food and Drugs 9 2014-04-01 2014-04-01 false Legal proceedings. 1404.965 Section 1404.965 Food and Drugs OFFICE OF NATIONAL DRUG CONTROL POLICY GOVERNMENTWIDE DEBARMENT AND SUSPENSION... civil judicial proceeding, including a proceeding under the Program Fraud Civil Remedies Act (31...

  10. 21 CFR 1404.965 - Legal proceedings.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 21 Food and Drugs 9 2010-04-01 2010-04-01 false Legal proceedings. 1404.965 Section 1404.965 Food and Drugs OFFICE OF NATIONAL DRUG CONTROL POLICY GOVERNMENTWIDE DEBARMENT AND SUSPENSION... civil judicial proceeding, including a proceeding under the Program Fraud Civil Remedies Act (31...

  11. 21 CFR 1404.965 - Legal proceedings.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 21 Food and Drugs 9 2012-04-01 2012-04-01 false Legal proceedings. 1404.965 Section 1404.965 Food and Drugs OFFICE OF NATIONAL DRUG CONTROL POLICY GOVERNMENTWIDE DEBARMENT AND SUSPENSION... civil judicial proceeding, including a proceeding under the Program Fraud Civil Remedies Act (31...

  12. 21 CFR 1404.965 - Legal proceedings.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 21 Food and Drugs 9 2013-04-01 2013-04-01 false Legal proceedings. 1404.965 Section 1404.965 Food and Drugs OFFICE OF NATIONAL DRUG CONTROL POLICY GOVERNMENTWIDE DEBARMENT AND SUSPENSION... civil judicial proceeding, including a proceeding under the Program Fraud Civil Remedies Act (31...

  13. The Legal Aspects of School Communications.

    ERIC Educational Resources Information Center

    Moran, K. D.; McGhehey, M. A.

    This monograph offers an analysis of the legal aspects of school communications. Many of the cases analyzed originated from communication by individuals, including school district employees, board of education members, students, and school patrons. Some of the topics covered include defamation, libel and slander, application and abuse of…

  14. 47 CFR 3.23 - Legal applicant.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... 47 Telecommunication 1 2011-10-01 2011-10-01 false Legal applicant. 3.23 Section 3.23 Telecommunication FEDERAL COMMUNICATIONS COMMISSION GENERAL AUTHORIZATION AND ADMINISTRATION OF ACCOUNTING AUTHORITIES IN MARITIME AND MARITIME MOBILE-SATELLITE RADIO SERVICES Application Procedures § 3.23...

  15. 47 CFR 3.23 - Legal applicant.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 47 Telecommunication 1 2010-10-01 2010-10-01 false Legal applicant. 3.23 Section 3.23 Telecommunication FEDERAL COMMUNICATIONS COMMISSION GENERAL AUTHORIZATION AND ADMINISTRATION OF ACCOUNTING AUTHORITIES IN MARITIME AND MARITIME MOBILE-SATELLITE RADIO SERVICES Application Procedures § 3.23...

  16. 77 FR 39654 - Proposed Legal Interpretation

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-07-05

    ... proposed legal interpretation published at 77 FR 32441 will be moved to the correct docket, FAA-2012- 0670... Administration (FAA), DOT. ACTION: Proposed interpretation; correction. SUMMARY: On June 1, 2012 at 77 FR 32441...: 202-267- 3073. Correction In the Federal Register of June 1, 2012, in FR Doc. 2012-13290, on...

  17. 76 FR 11176 - Proposed Legal Interpretation

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-03-01

    ... of flight time limitations and rest requirements in 14 CFR 121.481 and 121.483 for pilots operating...; telephone: 202-267- 3073. SUPPLEMENTARY INFORMATION: The FAA provides flight time and rest requirements for... duties and may be provided an opportunity for rest. See Legal Interpretation from Donald P. Byrne...

  18. Legal Research: An Emerging Paradigm for Inquiry

    ERIC Educational Resources Information Center

    Russo, Charles

    2005-01-01

    Given the need to develop research methodologies to address new and emerging issues in our field, this article provides an overview of traditional legal research. This article, which admittedly focuses on the American approach, should be of interest to South Africa researchers in Education Law in light of growing interest among scholars on how our…

  19. Illinois Occupational Skill Standards: Legal Office Cluster.

    ERIC Educational Resources Information Center

    Illinois Occupational Skill Standards and Credentialing Council, Carbondale.

    This document of skill standards for the legal office cluster serves as a guide to workforce preparation program providers in defining content for their programs and to employers to establish the skills and standards necessary for job acquisition. These 151 occupational skill standards describe what people should know and be able to do in an…

  20. 40 CFR 52.2173 - Legal authority.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ...) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) South Dakota § 52.2173 Legal authority. (a) The requirements of § 51.230(f) of this chapter are not met since the South Dakota Compiled Law 34-16A...: Pursuant to section 114 of the Act, South Dakota requested a delegation of authority to enable it...

  1. 40 CFR 52.2173 - Legal authority.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ...) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) South Dakota § 52.2173 Legal authority. (a) The requirements of § 51.230(f) of this chapter are not met since the South Dakota Compiled Law 34-16A...: Pursuant to section 114 of the Act, South Dakota requested a delegation of authority to enable it...

  2. 40 CFR 52.2173 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ...) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) South Dakota § 52.2173 Legal authority. (a) The requirements of § 51.230(f) of this chapter are not met since the South Dakota Compiled Law 34-16A...: Pursuant to section 114 of the Act, South Dakota requested a delegation of authority to enable it...

  3. 40 CFR 52.2173 - Legal authority.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ...) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) South Dakota § 52.2173 Legal authority. (a) The requirements of § 51.230(f) of this chapter are not met since the South Dakota Compiled Law 34-16A...: Pursuant to section 114 of the Act, South Dakota requested a delegation of authority to enable it...

  4. Legal Considerations in Clinical Decision Making.

    ERIC Educational Resources Information Center

    Ursu, Samuel C.

    1992-01-01

    Discussion of legal issues in dental clinical decision making looks at the nature and elements of applicable law, especially malpractice, locus of responsibility, and standards of care. Greater use of formal decision analysis in clinical dentistry and better research on diagnosis and treatment are recommended, particularly in light of increasing…

  5. Current Illinois Legal Issues. Second Edition.

    ERIC Educational Resources Information Center

    Kopecky, Frank J., Ed.; Wilkin, Rebecca S., Ed.

    Designed as supplementary reading in American government or social studies courses, this compilation of articles is intended to help students gain a better understanding of the judiciary's role in the Illinois legal system. The first of three sections contains articles about judges and the court system. The second section examines the criminal…

  6. Limits of Legal Action: The Cherokee Cases

    ERIC Educational Resources Information Center

    Norgren, Jill L.; Shattuck, Petra T.

    1978-01-01

    The article examines the limits of legal action in light of the experience of the Cherokee Nation in the nineteenth century. Their lawsuits, the cause of national controversy and ultimately detrimental to the Cherokee, raise questions about the effectiveness of litigation in solving divisive political conflict. (Author/NQ)

  7. The Legal Recognition of Sign Languages

    ERIC Educational Resources Information Center

    De Meulder, Maartje

    2015-01-01

    This article provides an analytical overview of the different types of explicit legal recognition of sign languages. Five categories are distinguished: constitutional recognition, recognition by means of general language legislation, recognition by means of a sign language law or act, recognition by means of a sign language law or act including…

  8. The Principal's Legal Handbook. Fourth Edition

    ERIC Educational Resources Information Center

    Lane, Kenneth, Ed.; Gooden, Mark, Ed.; Mead, Julie, Ed.; Pauken, Patrick, Ed.; Eckes, Suzanne, Ed.

    2008-01-01

    The Principal's Legal Handbook contains information and recommendations for practice in four areas. Section 1, "Students and the Law," yields interesting and informative answers on a number of issues related to students and the law: recent issues in schools relative to students' rights; the use of technology; and the latest case law and commentary…

  9. Student Disciplinary Issues: A Legal Compendium.

    ERIC Educational Resources Information Center

    Brown, Valerie L., Ed.; Buttolph, Katherine, Ed.

    This legal compendium focuses on the difficult and volatile issues of student discipline in cases of both academic and nonacademic misconduct. Part I lists non-academic codes from University of Michigan, Yale College, Vanderbilt University, University of Iowa, City University of New York, Baylor University, Columbia University, George Washington…

  10. The Medicalization and Legalization of Child Abuse.

    ERIC Educational Resources Information Center

    Newberger, Eli H.; Bourne, Richard

    1978-01-01

    Presented in part at the Second World Conference of the International Society on Family Law in 1977, the article discusses child abuse management from a critical sociological point of view, focusing on some of the professional conflicts between the medical and legal perspectives. (DLS)

  11. School Safety & Youth Violence: A Legal Primer.

    ERIC Educational Resources Information Center

    Bailey, Kirk A.; Ross, Catherine J.

    This legal primer on violence in schools addresses the responsibility of school officials to respond to undisciplined youths whose behavior threatens the welfare and safety of other children in attendance. It is broken down into sections that provide a brief overview of the key rules and guidelines for school officials and teachers in each topic…

  12. Child Custody: Legal Decisions and Family Outcomes.

    ERIC Educational Resources Information Center

    Everett, Craig A., Ed.

    This collection addresses child custody decisions and the resultant outcomes for children and their families. The first section of the book examines aspects of the legal decision-making process as well as legislative guidelines affecting custody and post-divorce issues. The second section focuses on post-divorce family patterns for fathers,…

  13. Temporal Visualization for Legal Case Histories.

    ERIC Educational Resources Information Center

    Harris, Chanda; Allen, Robert B.; Plaisant, Catherine; Shneiderman, Ben

    1999-01-01

    Discusses visualization of legal information using a tool for temporal information called "LifeLines." Explores ways "LifeLines" could aid in viewing the links between original case and direct and indirect case histories. Uses the case of Apple Computer, Inc. versus Microsoft Corporation and Hewlett Packard Company to illustrate the prototype.…

  14. Developing Effective and Legally Sound Alcohol Policies.

    ERIC Educational Resources Information Center

    Gulland, Eugene D.

    This booklet examines the risks that college and universities face due to student alcohol use and abuse, and outlines procedures that institutions can use to develop effective alcohol policies. Although legal precedents have recognized that colleges and universities do not have a duty to supervise student conduct under principles of in loco…

  15. The Legal Issues of Female Inmates.

    ERIC Educational Resources Information Center

    Gabel, Katherine; And Others

    This report summarizes the results of a 1-year exploratory research project addressing the central question of why women prisoners are less litigious than men. Chapters 1 and 2 present the major research questions, i.e., the legal concerns of women prisoners, resources available to female inmates, and factors related to the availability and use of…

  16. LEGAL IMPLICATIONS OF CONCERTED ACTION OF TEACHERS.

    ERIC Educational Resources Information Center

    BUTLER, HENRY E., JR.

    THE AUTHOR STATES THAT GROWING DEMANDS BY ORGANIZED TEACHERS FOR NEGOTIATION CONCERNING EMPLOYMENT CONDITIONS AND POLICY FORMULATION HAVE BEEN ACCOMPANIED BY A WILLINGNESS TO ACCEPT SUCH BARGAINING THROUGH PROCEDURES WHICH DO NOT INTERRUPT ORDERLY SCHOOL OPERATION. TRADITIONAL LEGAL AUTHORITY OF LOCAL BOARDS OF EDUCATION TO MAKE UNILATERAL POLICY…

  17. Considering Layoffs? Tips for Avoiding Legal Problems

    ERIC Educational Resources Information Center

    Kelderman, Eric

    2009-01-01

    The fiscal year that begins on July 1 for most colleges is expected to bring a wave of layoffs, as institutions grapple with declining state contributions, a falloff in donations, and other budget pressures. Eliminating jobs can create a number of legal pitfalls, including potential lawsuits for breach of contract or discrimination. If handled…

  18. Legal Rights & Intellectual Disability: A Short Guide.

    ERIC Educational Resources Information Center

    Hall, Julia, Ed.; And Others

    The book examines actions that may be taken to redress wrongs illegally perpetrated against people with intellectual disabilities in New South Wales, Australia. Ten topic areas are addressed (sample subtopics in parentheses): protecting rights (complaints to government departments, use of the ombudsman); discrimination (legal aid); personal…

  19. Major Legal Aspects of Sex Education.

    ERIC Educational Resources Information Center

    Bartoo, Jean

    The legal status of sex education in the public schools in the United States as it existed at the close of the 1971-72 school year was investigated. The investigation included surveys, analyses, and interpretations of statutes, significant rules and regulations of state departments of education, and court holdings as they applied specifically to…

  20. Corporal Punishment: Legalities, Realities, and Implications.

    ERIC Educational Resources Information Center

    Hinchey, Patricia H.

    2003-01-01

    Presents a quiz that will help readers determine the reliability of their own perceptions relating to corporal punishment in schools. Discusses U.S. Courts and corporal punishment, worldwide and nationwide legality, and the realities of corporal punishment in the United States. Discusses implications for what teachers can do to address corporal…

  1. Environment and the Law. Legal Almanac Series.

    ERIC Educational Resources Information Center

    Sloan, Irving J.

    This survey is designed to provide the general reader with some basic background on the legal aspects of the effort to achieve environmental quality. The first chapter discusses the structure of federal environmental control in terms of newly established agencies and recently enacted legislation. Other chapters deal individually with air, water,…

  2. Resistance to Reform in Legal Ethics Instruction.

    ERIC Educational Resources Information Center

    Gee, Elizabeth D.

    Perceptions of forces that may restrain the implementation of needed change in legal ethics instruction were investigated in 1984, using a model of resistance to planned change proposed by Goodwin Watson. Based on this model, five barriers to change were assessed: conformity to norms, systemic and cultural coherence, vested interests, the…

  3. Legal Issues Related to Extracurricular Activities.

    ERIC Educational Resources Information Center

    Cary, Jean M.

    1992-01-01

    Legal questions related to extracurricular activities include the following: (1) students "right" to participate; (2) kinds of fees or insurance requirements; (3) regulation of contracts and finances; (4) membership policies acceptable in light of Title IX's prohibition on sex discrimination; (5) reduction of risk of tort liability; and (6) how…

  4. Surviving the Stress of a Legal Deposition

    ERIC Educational Resources Information Center

    Carr, Marsha

    2011-01-01

    When the author became a superintendent, she anticipated creating change in classrooms across her county through noble ideas. However, she soon realized her role in the school district's legal matters would take an unanticipated and unwelcome priority. The county went into civil litigation over something that happened on virtually her first day on…

  5. Legal Questions of the Application of Microfilms.

    ERIC Educational Resources Information Center

    Basco, Jeno; And Others

    This study analyses and summarizes the statutory regulations of various countries regarding the legal validation and use of certified microcopies in place of original documents. Descriptions are provided and rules summarized for the categories of: (1) the purpose of microfilming; (2) principle uses of microfilm; (3) the making of microfilm and…

  6. The Cost and Financing of Legal Education.

    ERIC Educational Resources Information Center

    Sebert, John A.

    2002-01-01

    Discusses developments in the financing of legal education, such as sharp tuition increases, program expenditure increases, reduction in state support, and increased student borrowing and debt. Explores actions that law schools are taking or might consider to counter their negative impact. (EV)

  7. The Legality of School Vouchers: Round Two

    ERIC Educational Resources Information Center

    McCarthy, Martha

    2006-01-01

    In 2002 the U.S. Supreme Court ruled that state-supported vouchers, which parents can redeem in private schools, do not offend the Establishment Clause of the First Amendment. Thus, the legality of government vouchers to fund education will be determined primarily on the basis of state law. Specifically, programs are being challenged under state…

  8. Nursing Homes as Teaching Institutions: Legal Issues.

    ERIC Educational Resources Information Center

    Kapp, Marshall B.

    1984-01-01

    Discusses the trend toward affiliation of nursing homes with educational programs as clinical teaching institutions for medical, nursing, and allied health students. Reviews potential ethical and legal issues for the nursing home administrator, professional staff member, educator, and student, including informed consent, supervisory…

  9. Legal Issues in Experience Based Career Education.

    ERIC Educational Resources Information Center

    Rehmann, Arnold

    The report of first-year problems and potential solutions, based on a study of legal issues which arose in the development of employer based career education (EBCE) programs, is presented as a working draft from which certain policy questions and priority issues may be delineated. Federal statutes and the statutes of Pennsylvania, West Virginia,…

  10. Sexual orientation and gender identity in North America: legal trends, legal contrasts.

    PubMed

    Elliott, R Douglas; Bonauto, Mary

    2005-01-01

    The article provides a comparative analysis of recent legal developments with regard to LGBT rights in Canada and the United States of America. Both countries have made great progress towards better protection and full recognition of LGBT rights. Despite this progress, Canada appears to be ahead of the United States, as illustrated by two most recent court decisions (e.g. Halpern, legalizing same-sex marriage in Ontario, and Lawrence v. Texas, decriminalizing consensual sodomy in the United States). PMID:15814502

  11. Nuclear power sources in outer space. [spacecraft propulsion legal aspects

    NASA Technical Reports Server (NTRS)

    Hosenball, S. N.

    1978-01-01

    Legal problems associated with nuclear power sources in space are discussed with particular reference to the Cosmos 954 incident. Deliberations of the Legal and Scientific and Technical Subcommittees on the Peaceful Uses of Outer Space on this subject are discussed.

  12. Most Americans Support Rise in Legal Smoking Age

    MedlinePlus

    ... 159148.html Most Americans Support Rise in Legal Smoking Age Survey finds wide support in all regions ... survey finds most Americans support pushing the legal smoking age even higher. Across all regions of the ...

  13. An Interdisciplinary Seminar on Legal Issues in Medicine.

    ERIC Educational Resources Information Center

    Moore, Dale L.

    1989-01-01

    A seminar on legal issues in medicine brings together medical (obstetrics/gynecology) and law students to promote mutual understanding of the legal and medical realms, their effects on each other, and the potential for cooperation. (MSE)

  14. The Education of Legal Assistants, Technicians and Paraprofessionals

    ERIC Educational Resources Information Center

    Brown, Louis M.

    1969-01-01

    Proposes specialized law curriculum for individuals who perform vital tasks in law offices but who do not have legal training or experience. Speech given at second Seminar for Legal Secretaries, San Francisco, California, April 20, 1968. (WM)

  15. Legal Education, Liberal Education, and the Trivial "Artes."

    ERIC Educational Resources Information Center

    Kimball, Bruce A.

    1986-01-01

    Reviews the influence of liberal education upon legal education, studying the historical process according to which changes of emphasis within liberal education (from rhetoric to dialectic or the reverse) have been reflected in related changes in legal education. (AYC)

  16. Legal capacity of the elderly in Greece.

    PubMed

    Giannouli, Vaitsa; Tsolaki, Magda

    2014-01-01

    Legal capacity of the elderly people in Greece is of great legal, medical and social importance, but has received little attention till now from medical literature. This paper aims to study whether elderly people with dementia are able to participate in legal contracts like sales, purchases, loans, leases, donations and testaments. We tried to introduce a new test for the above legal-financial contracts and show some preliminary findings. The test consists of six examined relevant domains concerning basic monetary skills, cash transactions, bank statement management, financial conceptual knowledge, knowledge of potential heirs (beneficiaries) and assets/estate and finally the decision making process for different dilemmas on sales, purchases, loans, leases, donations and testaments. We studied 203 people. Eighty three people were healthy, 64 with Alzheimer's disease (AD) (10 with severe AD, 22 with moderate, and 32 with mild AD), 10 with Parkinson's disease (PD), and 46 with amnestic Mild Cognitive Impairment (aMCI). Individuals were included in the study only if they were aged 60 and over and only if they had a partner or a guardian who could give information on the individual's daily living. The exclusion criteria were predefined as follows: history of any other mental health disease and/or any other serious somatic health disease except for their official diagnosis of dementia. Results showed statistically significant differences with all three groups of patients characterized as incapable for legal-financial actions. Patients with severe AD (P<0.001), patients with moderate AD (P<0.001), patients with mild AD (P<0.001), patients with PD (P<0.001) and aMCI patients (P<0.001) differed significantly from healthy controls. Further research should include more extensive sampling of elderly patients with varying demographic characteristics in Greece, to confirm and expand our initial findings. In conclusion, our new test which is based on Marson's theoretical model

  17. 32 CFR 516.17 - SJA or legal adviser procedures.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 32 National Defense 3 2013-07-01 2013-07-01 false SJA or legal adviser procedures. 516.17 Section 516.17 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY AID OF CIVIL AUTHORITIES AND PUBLIC RELATIONS LITIGATION Reporting Legal Proceedings to HQDA § 516.17 SJA or legal adviser procedures. (a) Immediate notice to HQDA....

  18. 32 CFR 516.17 - SJA or legal adviser procedures.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 32 National Defense 3 2011-07-01 2009-07-01 true SJA or legal adviser procedures. 516.17 Section 516.17 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY AID OF CIVIL AUTHORITIES AND PUBLIC RELATIONS LITIGATION Reporting Legal Proceedings to HQDA § 516.17 SJA or legal...

  19. 48 CFR 1552.211-76 - Legal analysis.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 48 Federal Acquisition Regulations System 6 2010-10-01 2010-10-01 true Legal analysis. 1552.211-76... analysis. As prescribed in 1511.011-76, insert this contract clause when it is determined that the contract involves legal analysis. Legal Analysis (APR 1984) The Contractor shall furnish to the Project Officer...

  20. 48 CFR 1511.011-76 - Legal analysis.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 48 Federal Acquisition Regulations System 6 2010-10-01 2010-10-01 true Legal analysis. 1511.011-76... PLANNING DESCRIBING AGENCY NEEDS 1511.011-76 Legal analysis. Contracting Officers shall insert the clause at 1552.211-76 when it is determined that the contract involves legal analysis....

  1. 48 CFR 1511.011-76 - Legal analysis.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... 48 Federal Acquisition Regulations System 6 2011-10-01 2011-10-01 false Legal analysis. 1511.011... ACQUISITION PLANNING DESCRIBING AGENCY NEEDS 1511.011-76 Legal analysis. Contracting Officers shall insert the clause at 1552.211-76 when it is determined that the contract involves legal analysis....

  2. 38 CFR 20.306 - Rule 306. Legal holidays.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 2 2010-07-01 2010-07-01 false Rule 306. Legal holidays... (CONTINUED) BOARD OF VETERANS' APPEALS: RULES OF PRACTICE Filing § 20.306 Rule 306. Legal holidays. For the purpose of Rule 305 (§ 20.305 of this part), the legal holidays, in addition to any other day appointed...

  3. 7 CFR 1822.270 - Technical, legal, and other services.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... sites after development. (i) In determining the value of the property, the appraiser will consider the... the sale of the individual sites. (c) Contracts for legal services. On projects requiring more legal... written contract when loan funds will be used for legal services. All such contracts will be subject...

  4. 7 CFR 1822.270 - Technical, legal, and other services.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... sites after development. (i) In determining the value of the property, the appraiser will consider the... the sale of the individual sites. (c) Contracts for legal services. On projects requiring more legal... written contract when loan funds will be used for legal services. All such contracts will be subject...

  5. 28 CFR 551.117 - Access to legal resources.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Access to legal resources. 551.117... MISCELLANEOUS Pretrial Inmates § 551.117 Access to legal resources. (a) The Warden shall provide the opportunity... inmates with access to legal materials in the institution. (c) Staff shall allow the pretrial inmate,...

  6. Legal Writing: The Impossible Takes a Little Longer.

    ERIC Educational Resources Information Center

    Gale, Mary Ellen

    1980-01-01

    The expansion of legal writing programs, justification for such action, and the elements of legal writing are outlined. The place of legal writing in a modern law school and special difficulties in program design are addressed. The USC program is described. Available from Union University, 80 Scotland Ave., Albany, NY 12208; $2.50, entire issue.…

  7. 17 CFR 229.1117 - (Item 1117) Legal proceedings.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 17 Commodity and Securities Exchanges 2 2010-04-01 2010-04-01 false (Item 1117) Legal proceedings....1117 (Item 1117) Legal proceedings. Describe briefly any legal proceedings pending against the sponsor, depositor, trustee, issuing entity, servicer contemplated by Item 1108(a)(3) of this Regulation...

  8. 17 CFR 229.1117 - (Item 1117) Legal proceedings.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 17 Commodity and Securities Exchanges 2 2013-04-01 2013-04-01 false (Item 1117) Legal proceedings....1117 (Item 1117) Legal proceedings. Describe briefly any legal proceedings pending against the sponsor, depositor, trustee, issuing entity, servicer contemplated by Item 1108(a)(3) of this Regulation...

  9. 17 CFR 229.1117 - (Item 1117) Legal proceedings.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 17 Commodity and Securities Exchanges 3 2014-04-01 2014-04-01 false (Item 1117) Legal proceedings....1117 (Item 1117) Legal proceedings. Describe briefly any legal proceedings pending against the sponsor, depositor, trustee, issuing entity, servicer contemplated by Item 1108(a)(3) of this Regulation...

  10. 17 CFR 229.1117 - (Item 1117) Legal proceedings.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 17 Commodity and Securities Exchanges 2 2012-04-01 2012-04-01 false (Item 1117) Legal proceedings....1117 (Item 1117) Legal proceedings. Describe briefly any legal proceedings pending against the sponsor, depositor, trustee, issuing entity, servicer contemplated by Item 1108(a)(3) of this Regulation...

  11. 17 CFR 229.1117 - (Item 1117) Legal proceedings.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 17 Commodity and Securities Exchanges 2 2011-04-01 2011-04-01 false (Item 1117) Legal proceedings....1117 (Item 1117) Legal proceedings. Describe briefly any legal proceedings pending against the sponsor, depositor, trustee, issuing entity, servicer contemplated by Item 1108(a)(3) of this Regulation...

  12. 5 CFR 582.202 - Service of legal process.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 5 Administrative Personnel 1 2010-01-01 2010-01-01 false Service of legal process. 582.202 Section 582.202 Administrative Personnel OFFICE OF PERSONNEL MANAGEMENT CIVIL SERVICE REGULATIONS COMMERCIAL GARNISHMENT OF FEDERAL EMPLOYEES' PAY Service of Legal Process § 582.202 Service of legal process. (a)...

  13. Children's Legal Status After the International Year of the Child.

    ERIC Educational Resources Information Center

    Kerckhoff, Richard K.

    This paper discusses issues concerning legal protection and the legal rights of children, child law in the United States and in Europe, and attitudes of lawyers and child specialists regarding proposed changes in child protection and child rights laws. Several issues were identified. (1) How can children receive additional legal protection without…

  14. Legal Change and Stigma in Surrogacy and Abortion.

    PubMed

    Robertson, John A

    2015-01-01

    Stigma marks both surrogacy and abortion. Legal change lessens stigma but may not remove it altogether. Post-legalization regulation may reinstall stigma by surrounding a legalized practice with barriers that make exercise of that right more difficult. As a result, law may reenact stigma even as it purports to take it away. PMID:26242938

  15. What They Learn in Court: Student Observations of Legal Proceedings

    ERIC Educational Resources Information Center

    Callaghan, Elizabeth

    2005-01-01

    Court ethnography assignments provide a wonderful way to teach observation skills in an unfamiliar legal setting. Most people obtain their knowledge of legal proceedings from television or movies and students are no exception. But teachers can teach students to closely examine court process and legal behavior in a sophisticated way by assigning…

  16. 30 CFR 41.20 - Legal identity report.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 30 Mineral Resources 1 2010-07-01 2010-07-01 false Legal identity report. 41.20 Section 41.20... ADMINISTRATIVE REQUIREMENTS NOTIFICATION OF LEGAL IDENTITY Operator's Report to the Mine Safety and Health Administration § 41.20 Legal identity report. Each operator of a coal or other mine shall file notification...

  17. 31 CFR 597.505 - Payment for certain legal services.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... for the following legal services by U.S. persons: (a) Provision of legal advice and counseling to a... any jurisdiction within the United States, provided that such advice and counseling is not provided to... domestic U.S. legal, arbitration, or administrative proceedings; (c) Initiation and conduct of domestic...

  18. A Legal Perspective on Differential Pay for Teachers. Research Brief

    ERIC Educational Resources Information Center

    National Center on Performance Incentives, 2008

    2008-01-01

    In the paper "A Legal Perspective on Differential Pay for Teachers," James E. Ryan assesses whether there are legal obstacles associated with creating differential pay programs for teachers. He concludes that although the legal landscape is open to differential pay programs, several considerations related to governmental authority and individual…

  19. 5 CFR 1653.13 - Processing legal processes.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... Obligations To Pay Child Support or Alimony Currently § 1653.13 Processing legal processes. (a) The payment of legal processes from the TSP is governed solely by the Federal Employees' Retirement System Act, 5 U.S.C... qualifying legal process as described in § 1653.12. The TSP will mail a decision letter to all...

  20. 5 CFR 1604.9 - Court orders and legal processes.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... described at 5 CFR part 1653, with the following exceptions: (a) Separate accounts. To qualify for... ACCOUNTS § 1604.9 Court orders and legal processes. A TSP account can be divided in an action for divorce, annulment, or legal separation, and is subject to legal process relating to child support, alimony, or...

  1. 37 CFR 10.36 - Fees for legal services.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 37 Patents, Trademarks, and Copyrights 1 2011-07-01 2011-07-01 false Fees for legal services. 10... Office Code of Professional Responsibility § 10.36 Fees for legal services. (a) A practitioner shall not... legal service properly. (2) The likelihood, if apparent to the client, that the acceptance of...

  2. 38 CFR 13.102 - Accountability of legal custodians.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 1 2010-07-01 2010-07-01 false Accountability of legal... VETERANS BENEFITS ADMINISTRATION, FIDUCIARY ACTIVITIES § 13.102 Accountability of legal custodians. (a) Institutionalized veterans without spouse or child. The legal custodian of VA benefits of an incompetent veteran...

  3. 28 CFR 14.5 - Review by legal officers.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Review by legal officers. 14.5 Section 14... § 14.5 Review by legal officers. The authority to adjust, determine, compromise, and settle a claim... after review by a legal officer of the agency....

  4. 40 CFR 51.231 - Identification of legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 40 Protection of Environment 2 2010-07-01 2010-07-01 false Identification of legal authority. 51... REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS Legal Authority § 51.231 Identification of legal authority. (a) The provisions of law or regulation which the State determines provide...

  5. 28 CFR 14.5 - Review by legal officers.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 28 Judicial Administration 1 2011-07-01 2011-07-01 false Review by legal officers. 14.5 Section 14... § 14.5 Review by legal officers. The authority to adjust, determine, compromise, and settle a claim... after review by a legal officer of the agency....

  6. 41 CFR 105-68.965 - Legal proceedings.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 41 Public Contracts and Property Management 3 2011-01-01 2011-01-01 false Legal proceedings. 105... Administration 68-GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 105-68.965 Legal proceedings. Legal proceedings means any criminal proceeding or any civil judicial proceeding, including...

  7. 40 CFR 51.231 - Identification of legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 40 Protection of Environment 2 2011-07-01 2011-07-01 false Identification of legal authority. 51... REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS Legal Authority § 51.231 Identification of legal authority. (a) The provisions of law or regulation which the State determines provide...

  8. 20 CFR 638.534 - Legal services to students.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 20 Employees' Benefits 3 2011-04-01 2011-04-01 false Legal services to students. 638.534 Section... PROGRAM UNDER TITLE IV-B OF THE JOB TRAINING PARTNERSHIP ACT Center Operations § 638.534 Legal services to... legal representation in criminal and certain civil cases. This shall include assisting students...

  9. 39 CFR 912.12 - Review by legal officers.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 39 Postal Service 1 2011-07-01 2011-07-01 false Review by legal officers. 912.12 Section 912.12... legal officers. The authority of the Postal Service to adjust, determine, compromise, and settle a claim..., settlement, or award exceeds $5,000, be exercised only after review by a legal officer of the Postal Service....

  10. 40 CFR 239.5 - State legal certification.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 40 Protection of Environment 24 2010-07-01 2010-07-01 false State legal certification. 239.5... REQUIREMENTS FOR STATE PERMIT PROGRAM DETERMINATION OF ADEQUACY State Program Application § 239.5 State legal... signed by the independent legal counsel for the state rather than the Attorney General, provided...

  11. 4 CFR 83.18 - Rights of legal guardians.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 4 Accounts 1 2011-01-01 2011-01-01 false Rights of legal guardians. 83.18 Section 83.18 Accounts GOVERNMENT ACCOUNTABILITY OFFICE RECORDS PRIVACY PROCEDURES FOR PERSONNEL RECORDS § 83.18 Rights of legal guardians. For the purposes of this part, the parent of any minor, or the legal guardian of any...

  12. 38 CFR 13.102 - Accountability of legal custodians.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 1 2011-07-01 2011-07-01 false Accountability of legal... VETERANS BENEFITS ADMINISTRATION, FIDUCIARY ACTIVITIES § 13.102 Accountability of legal custodians. (a) Institutionalized veterans without spouse or child. The legal custodian of VA benefits of an incompetent veteran...

  13. 39 CFR 912.12 - Review by legal officers.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 39 Postal Service 1 2010-07-01 2010-07-01 false Review by legal officers. 912.12 Section 912.12... legal officers. The authority of the Postal Service to adjust, determine, compromise, and settle a claim..., settlement, or award exceeds $5,000, be exercised only after review by a legal officer of the Postal Service....

  14. 5 CFR 1653.13 - Processing legal processes.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... TSP received a document that purports to be a legal process requiring payment from the participant's account, the account will be unfrozen: (i) Upon payment pursuant to a qualifying legal process; or (ii) As... process. (i) The TSP will hold in abeyance the processing of a payment required by legal process if...

  15. 5 CFR 581.305 - Honoring legal process.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... support order, payment of moneys subject to the legal process shall be suspended; i.e., moneys shall... 5 Administrative Personnel 1 2011-01-01 2011-01-01 false Honoring legal process. 581.305 Section... GARNISHMENT ORDERS FOR CHILD SUPPORT AND/OR ALIMONY Compliance With Process § 581.305 Honoring legal...

  16. 32 CFR 727.6 - Functions of legal assistance officers.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... with their personal legal problems, or refer such persons to a civilian lawyer as provided in § 727.9... personal legal problems and may prepare and sign correspondence on behalf of a client, negotiate with..., persons eligible for assistance in connection with their personal legal problems. (4) Shall, subject...

  17. 32 CFR 727.6 - Functions of legal assistance officers.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... with their personal legal problems, or refer such persons to a civilian lawyer as provided in § 727.9... personal legal problems and may prepare and sign correspondence on behalf of a client, negotiate with..., persons eligible for assistance in connection with their personal legal problems. (4) Shall, subject...

  18. A Conceptual Framework for Teaching Legal Research to Undergraduates.

    ERIC Educational Resources Information Center

    Bartolo, Laura M.

    1991-01-01

    Relates bibliographic instruction concepts to the teaching of legal research at the undergraduate level and describes a conceptual framework for teaching legal research and critical thinking skills to a journalism class. Legal research instruction for law students is also described, the expected retention level is considered, and the librarian's…

  19. 32 CFR 516.17 - SJA or legal adviser procedures.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 32 National Defense 3 2010-07-01 2010-07-01 true SJA or legal adviser procedures. 516.17 Section 516.17 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY AID OF CIVIL AUTHORITIES AND PUBLIC RELATIONS LITIGATION Reporting Legal Proceedings to HQDA § 516.17 SJA or legal...

  20. 41 CFR 105-68.965 - Legal proceedings.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 41 Public Contracts and Property Management 3 2010-07-01 2010-07-01 false Legal proceedings. 105... Administration 68-GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 105-68.965 Legal proceedings. Legal proceedings means any criminal proceeding or any civil judicial proceeding, including...

  1. 5 CFR 1653.13 - Processing legal processes.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... legal processes from the TSP is governed solely by the Federal Employees' Retirement System Act, 5 U.S.C... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Processing legal processes. 1653.13... PROCESSES AFFECTING THRIFT SAVINGS PLAN ACCOUNTS Legal Process for the Enforcement of a Participant's...

  2. 5 CFR 1653.12 - Qualifying legal processes.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Qualifying legal processes. 1653.12... PROCESSES AFFECTING THRIFT SAVINGS PLAN ACCOUNTS Legal Process for the Enforcement of a Participant's Legal... require the TSP to: (i) Pay a stated dollar amount from a participant's TSP account; or (ii) Freeze...

  3. Expressed Sexual Assault Legal Context and Victim Culpability Attributions

    ERIC Educational Resources Information Center

    Miller, Audrey K.; Markman, Keith D.; Amacker, Amanda M.; Menaker, Tasha A.

    2012-01-01

    Legal scholars have argued that laws have an "expressive function", specifically that sexual assault laws may convey social-level messages that victims are culpable for crimes against them. In a university sample, we conducted the first experimental test of legal scholars' proposal, hypothesizing that legal messages--specifically their clarity and…

  4. 4 CFR 83.18 - Rights of legal guardians.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 4 Accounts 1 2010-01-01 2010-01-01 false Rights of legal guardians. 83.18 Section 83.18 Accounts GOVERNMENT ACCOUNTABILITY OFFICE RECORDS PRIVACY PROCEDURES FOR PERSONNEL RECORDS § 83.18 Rights of legal guardians. For the purposes of this part, the parent of any minor, or the legal guardian of any...

  5. 42 CFR 35.12 - Solicitation of legal business prohibited.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... AND EXAMINATIONS HOSPITAL AND STATION MANAGEMENT General § 35.12 Solicitation of legal business prohibited. The solicitation, directly or indirectly, of legal business or of a retainer or agreement... 42 Public Health 1 2010-10-01 2010-10-01 false Solicitation of legal business prohibited....

  6. 42 CFR 35.12 - Solicitation of legal business prohibited.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... AND EXAMINATIONS HOSPITAL AND STATION MANAGEMENT General § 35.12 Solicitation of legal business prohibited. The solicitation, directly or indirectly, of legal business or of a retainer or agreement... 42 Public Health 1 2013-10-01 2013-10-01 false Solicitation of legal business prohibited....

  7. 42 CFR 35.12 - Solicitation of legal business prohibited.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... AND EXAMINATIONS HOSPITAL AND STATION MANAGEMENT General § 35.12 Solicitation of legal business prohibited. The solicitation, directly or indirectly, of legal business or of a retainer or agreement... 42 Public Health 1 2012-10-01 2012-10-01 false Solicitation of legal business prohibited....

  8. 42 CFR 35.12 - Solicitation of legal business prohibited.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... AND EXAMINATIONS HOSPITAL AND STATION MANAGEMENT General § 35.12 Solicitation of legal business prohibited. The solicitation, directly or indirectly, of legal business or of a retainer or agreement... 42 Public Health 1 2011-10-01 2011-10-01 false Solicitation of legal business prohibited....

  9. 42 CFR 35.12 - Solicitation of legal business prohibited.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... AND EXAMINATIONS HOSPITAL AND STATION MANAGEMENT General § 35.12 Solicitation of legal business prohibited. The solicitation, directly or indirectly, of legal business or of a retainer or agreement... 42 Public Health 1 2014-10-01 2014-10-01 false Solicitation of legal business prohibited....

  10. Maintaining Perspective: A Decade of Collegiate Legal Challenges.

    ERIC Educational Resources Information Center

    Black, Dennis R.

    This is a collection of brief articles from "Perspective: The Campus Legal Monthly Newsletter" concerning legal decisions relevant to higher education in the United States since 1986. The articles summarize court decisions which addressed legal issues in the following areas: academic decisions; academic employment and freedoms; copyright,…

  11. The Legal Research Method: An Approach to Enhance Nursing Science.

    ERIC Educational Resources Information Center

    Kjervik, Diane K.; King, Floris E.

    1990-01-01

    The nature of legal research as it relates to other research methods used in nursing is described, its history discussed, and its relevance to nursing science examined. The phenomenological method is the one considered most likely to be enhanced by legal research. Also described are steps in the legal research process and source materials.…

  12. 7 CFR 760.9 - Other legal recourse.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 7 Agriculture 7 2010-01-01 2010-01-01 false Other legal recourse. 760.9 Section 760.9 Agriculture... Milk § 760.9 Other legal recourse. (a) No indemnity payment shall be made for contaminated milk... application, the Deputy Administrator determines that other legal recouse is available to the farmer....

  13. 22 CFR 92.11 - Preparation of legal documents.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    .... The person desiring the preparation of a legal document should be referred to such publications as... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Preparation of legal documents. 92.11 Section 92.11 Foreign Relations DEPARTMENT OF STATE LEGAL AND RELATED SERVICES NOTARIAL AND RELATED...

  14. 37 CFR 10.48 - Sharing legal fees.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 37 Patents, Trademarks, and Copyrights 1 2010-07-01 2010-07-01 false Sharing legal fees. 10.48... of Professional Responsibility § 10.48 Sharing legal fees. A practitioner or a firm of practitioners shall not share legal fees with a non-practitioner except that: (a) An agreement by a practitioner...

  15. 45 CFR 1624.5 - Accessibility of legal services.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... qualified person with a disability shall, because a legal services program's facilities are inaccessible to... 45 Public Welfare 4 2011-10-01 2011-10-01 false Accessibility of legal services. 1624.5 Section 1624.5 Public Welfare Regulations Relating to Public Welfare (Continued) LEGAL SERVICES...

  16. 45 CFR 1624.5 - Accessibility of legal services.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... qualified person with a disability shall, because a legal services program's facilities are inaccessible to... 45 Public Welfare 4 2010-10-01 2010-10-01 false Accessibility of legal services. 1624.5 Section 1624.5 Public Welfare Regulations Relating to Public Welfare (Continued) LEGAL SERVICES...

  17. 17 CFR 1.60 - Pending legal proceedings.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... in any material legal proceeding instituted against any person who is a principal of the futures... 17 Commodity and Securities Exchanges 1 2011-04-01 2011-04-01 false Pending legal proceedings. 1... REGULATIONS UNDER THE COMMODITY EXCHANGE ACT Miscellaneous § 1.60 Pending legal proceedings. (a)...

  18. 22 CFR 92.11 - Preparation of legal documents.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    .... The person desiring the preparation of a legal document should be referred to such publications as... 22 Foreign Relations 1 2011-04-01 2011-04-01 false Preparation of legal documents. 92.11 Section 92.11 Foreign Relations DEPARTMENT OF STATE LEGAL AND RELATED SERVICES NOTARIAL AND RELATED...

  19. 37 CFR 10.48 - Sharing legal fees.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 37 Patents, Trademarks, and Copyrights 1 2011-07-01 2011-07-01 false Sharing legal fees. 10.48... of Professional Responsibility § 10.48 Sharing legal fees. A practitioner or a firm of practitioners shall not share legal fees with a non-practitioner except that: (a) An agreement by a practitioner...

  20. 39 CFR 491.3 - Sufficient legal form.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 39 Postal Service 1 2010-07-01 2010-07-01 false Sufficient legal form. 491.3 Section 491.3 Postal... AND THE POSTAL RATE COMMISSION § 491.3 Sufficient legal form. No document purporting to garnish... is legal process in the nature of garnishment; that it is issued by a court of competent...

  1. 17 CFR 1.60 - Pending legal proceedings.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... in any material legal proceeding instituted against any person who is a principal of the futures... 17 Commodity and Securities Exchanges 1 2010-04-01 2010-04-01 false Pending legal proceedings. 1... REGULATIONS UNDER THE COMMODITY EXCHANGE ACT Miscellaneous § 1.60 Pending legal proceedings. (a)...

  2. 39 CFR 491.3 - Sufficient legal form.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 39 Postal Service 1 2011-07-01 2011-07-01 false Sufficient legal form. 491.3 Section 491.3 Postal... AND THE POSTAL RATE COMMISSION § 491.3 Sufficient legal form. No document purporting to garnish... is legal process in the nature of garnishment; that it is issued by a court of competent...

  3. Are AustLII and Google Enough for Legal Research?

    ERIC Educational Resources Information Center

    Fong, Colin

    2006-01-01

    For the past ten years law students, academics and legal practitioners have relied on AustLII and various internet search engines to conduct legal research. The purpose of this article is to examine what these can offer and to note the importance of other websites when conducting legal research. This article is based on an address given to the…

  4. 25 CFR 115.102 - Adults under legal disability.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 25 Indians 1 2010-04-01 2010-04-01 false Adults under legal disability. 115.102 Section 115.102... AND INDIVIDUAL INDIANS IIM Accounts § 115.102 Adults under legal disability. The funds of an adult who is non compos mentis or under other legal disability may be disbursed for his benefit for...

  5. Overlapping universe: understanding legal insanity and psychosis.

    PubMed

    Torry, Zachary D; Billick, Stephen B

    2010-09-01

    The Insanity Defense of Not Guilty by Reason of Insanity is the defense used by some mentally disordered defendants who do not have the capacity for understanding right and wrong at the time of their criminal act. This defense has perplexed legal and mental health professionals for centuries. Though it has been a part of the legal system since the early Greeks, it has been and continues to be amended, modified, and in some jurisdictions, abolished. Moreover, despite its infrequent use, many in our society hold onto the belief that defendants can evade criminal responsibility by means of this defense. Furthermore, insanity is often equated with psychosis; however, the two are not the same and have different connotations. It is essential for any clinical psychiatrist to understand the concept of the insanity defense and how it differs from psychosis. This paper will clarify the meaning and purpose of the insanity defense and will differentiate insanity and psychosis. PMID:20373024

  6. Public Health Legal Preparedness in Indian Country

    PubMed Central

    Schaefer, Rebecca McLaughlin; DeBruyn, Lemyra; Stier, Daniel D.

    2009-01-01

    American Indian/Alaska Native tribal governments are sovereign entities with inherent authority to create laws and enact health regulations. Laws are an essential tool for ensuring effective public health responses to emerging threats. To analyze how tribal laws support public health practice in tribal communities, we reviewed tribal legal documentation available through online databases and talked with subject-matter experts in tribal public health law. Of the 70 tribal codes we found, 14 (20%) had no clearly identifiable public health provisions. The public health–related statutes within the remaining codes were rarely well integrated or comprehensive. Our findings provide an evidence base to help tribal leaders strengthen public health legal foundations in tribal communities. PMID:19150897

  7. Legal considerations in treating the injured athlete.

    PubMed

    Mitten, M J; Mitten, R J

    1995-01-01

    This article is intended to inform physical therapists about legal considerations impacting the practice of sports physical therapy. Our objective is to generate an awareness of these issues to enhance the quality of physical therapy provided to injured athletes and to minimize potential legal liability. Three areas in which physical therapists who treat injured athletes need to be particularly careful are: 1) providing treatment designed to enable continued play with an injury before it is fully healed, 2) informing an athlete of the potential health risks of continued athletic activity in his or her physical condition, and 3) evaluating and advising an athlete concerning his or her ability to resume athletic activity. Based on the parallels between industrial rehabilitation and sports physical therapy, the authors propose that consensus objective criteria and guidelines should be established to assist therapists in advising referring physicians and athletes whether return to play is appropriate under the circumstances. PMID:7889031

  8. Comparative legal aspects of pain management.

    PubMed

    Vansweevelt, T

    2008-12-01

    Administering pain medication to terminal patients can cause legal problems when it has a life-shortening effect, because according to some authors it equates with manslaughter. The legal basis of the acceptance of pain alleviation with life-shortening effect can be found on the grounds of necessity. In different countries physicians have been prosecuted because of their pain management, which to the public prosecutor was in fact a sort of euthanasia. On the other hand, it is not unknown that physicians administer opioids to mask euthanasia. Pain management needs some rules, which can reassure the physician who alleviates pain. The physician who alleviates pain with life-shortening effect will have to act with due care to avoid a liability risk. This implies at least an informed consent, to observe the proportionality rule, and to keep a medical record. PMID:19202862

  9. Medico-legal issues in cardiology.

    PubMed

    Abbott, Ryan; Cohen, Michael

    2013-01-01

    The aim of this article is to educate physicians about the current litigation climate in cardiology and cardiac surgery, with a focus on the most frequently litigated areas of practice, including failure to diagnose and treat myocardial infarction, coronary artery bypass graft surgery, percutaneous coronary intervention, and the use of tissue plasminogen activator. Empirical research on cardiology malpractice is presented, along with a sampling of up-to-date cases designed to illustrate common issues and important themes. The principles for reducing legal liability are also discussed, including the informed consent process, spoliation of records, and the role of documentation. Finally, practical recommendations are provided for cardiologists and cardiac surgeons to limit their legal liability. PMID:23422021

  10. Legal and ethical issues of uterus transplantation.

    PubMed

    Dickens, Bernard M

    2016-04-01

    The clinically detailed report of a successful uterus transplantation and live birth in Sweden, in which a family friend donated her uterus, provides a basis for expanded practice. Family members and friends can serve as living donors without offending legal or ethical prohibitions of paid organ donation, even though family members and friends often engage in reciprocal gift exchanges. Donations from living unrelated sources are more problematic, and there is a need to monitor donors' genuine altruism and motivation. Donation by deceased women-i.e. cadaveric donation-raises issues of uterus suitability for transplantation, and how death is diagnosed. Organs' suitability for donation is often achieved by ventilation to maintain cardiac function for blood circulation, but laws and cultures could deem that a heartbeat indicates donors' live status. Issues could arise concerning ownership and control of organs between recovery from donors and implantation into recipients, and on removal following childbirth, that require legal resolution. PMID:26873131

  11. Legal Considerations for Electronic Health Records.

    PubMed

    Mostofi, Sherry; Hoffman, Andrew L

    2015-05-01

    Electronic health record (EHR) solutions provide many potential benefits for dental practices, whether those programs run internally on a dental practice's computers or are cloud-based solutions. However, these programs also create new risks for a dental practice, which may be mitigated through due diligence and adequate contractual provisions to ensure protection for dentists. This article addresses the legal considerations associated with a dentist entering into a service contract with an EHR vendor. PMID:26798899

  12. Medico-legal implications of traumatic cataract.

    PubMed

    Moreschi, Carlo; Da Broi, Ugo; Lanzetta, Paolo

    2013-02-01

    Traumatic cataract is due to lens damage when mechanical, irradiative, electrical or chemical agents injury the globe. The appearance of a traumatic cataract is typically short and unilateral with rare spontaneous resolution and often involves other ocular anatomical areas. Medico-legal evaluation of the appearance and the consequences of a traumatic cataract requires a correct methodological approach with the support of qualified ophthalmological competences. PMID:23357390

  13. Designing e-Books for Legal Research.

    ERIC Educational Resources Information Center

    Marshall, Catherine C.; Price, Morgan N.; Golovchinsky, Gene; Schilit, Bill N.

    This paper reports the findings from a field study of legal research in a first-tier law school and on the resulting redesign of XLibris, a next-generation e-book. The report first characterizes a work setting in which an e-book was expected to be a useful interface for reading and otherwise using a mix of physical and digital library materials,…

  14. Legal and ethical issues in neonatal nursing.

    PubMed

    2016-09-12

    Neonatal nurses regularly face complex legal and ethical dilemmas. This article discusses the hypothetical case of Jack, a two-day-old infant, born at 39 weeks' gestation, and diagnosed with trisomy 13 (syndrome), a life-limiting condition and being cared for in a neonatal intensive care unit. Jack's prognosis is poor and he is not expected to live past two weeks of age. PMID:27615591

  15. 34 CFR 85.965 - Legal proceedings.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... term also includes appeals from those proceedings. (Authority: E.O. 12549 (3 CFR, 1986 Comp., p. 189); E.O 12689 (3 CFR, 1989 Comp., p. 235); 20 U.S.C. 1082, 1094, 1221e-3 and 3474; and Sec. 2455, Pub. L... 34 Education 1 2011-07-01 2011-07-01 false Legal proceedings. 85.965 Section 85.965...

  16. Legal briefing: conscience clauses and conscientious refusal.

    PubMed

    Pope, Thaddeus Mason

    2010-01-01

    This issue's "Legal Briefing" column covers legal developments pertaining to conscience clauses and conscientious refusal. Not only has this topic been the subject of recent articles in this journal, but it has also been the subject of numerous public and professional discussions. Over the past several months, conscientious refusal disputes have had an unusually high profile not only in courthouses, but also in legislative and regulatory halls across the United States. Healthcare providers' own moral beliefs have been obstructing and are expected to increasingly obstruct patients' access to medical services. For example, some providers, on ethical or moral grounds, have denied: (1) sterilization procedures to pregnant patients, (2) pain medications in end-of-life situations, and (3) information about emergency contraception to rape victims. On the other hand, many healthcare providers have been forced to provide medical treatment that is inconsistent with their moral beliefs. There are two fundamental types of conscientious objection laws. First, there are laws that permit healthcare workers to refuse providing - on ethical, moral, or religious grounds healthcare services that they might otherwise have a legal or employer-mandated obligation to provide. Second, there are laws directed at forcing healthcare workers to provide services to which they might have ethical, moral, or religious objections. Both types of laws are rarely comprehensive, but instead target: (1) certain types of healthcare providers, (2) specific categories of healthcare services, (3) specific patient circumstances, and (4) certain conditions under which a right or obligation is triggered. For the sake of clarity, I have grouped recent legal developments concerning conscientious refusal into eight categories: 1. Abortion: right to refuse 2. Abortion: duty to provide 3. Contraception: right to refuse 4. Contraception: duty to provide 5. Sterilization: right to refuse 6. Fertility, HIV, vaccines

  17. Attorney for Cruzans discusses legal 'odyssey'.

    PubMed

    1991-06-01

    On December 11, 1983, 25-year-old Missourian Nancy Cruzan was in a serious car accident, pronounced dead at the scene by police then resuscitated by paramedics. On December 14, 1990, the gastrostomy tube which had kept Nancy alive since the accident was removed and she died 11 days later. The heartbreak, legal maneuvering and impassioned discussions of the 8 years between these events captured the attention of the nation. PMID:1906440

  18. [When does human life begin? Legal considerations].

    PubMed

    Koch, H G

    1993-11-01

    There have been attempts to define the beginning of life from a legal point of view. The German civil code of 1923 specified that only that entity can have birthright that was alive at the time of succession. Whoever was not alive at the time of succession but was already fertilized would be deemed as born before the succession. The law in this instance does not really define life, rather it regulates the hereditary right of the fetus. Less subject to misunderstanding is Paragraph 1 of the German Law Book, which refers to the legal rights of human beings from the completion of birth, specifying only the live born and not the still-born. The embryo protection law in force as of January 1, 1991, defines the beginning of life in a medical sense, to wit, the embryo is the fertilized egg cell capable of development already from the time of fertilization. Additionally every cell with the potential to divide and develop into an individual is assumed as an embryo. No other law explicitly provides a similar definition of the appearance of early human life. Some foreign legal precepts designate the embryonic conceptus the preembryo, which could be subjected to procedures in reproductive medicine to which more developed embryos could not be. According to the valid Paragraph 219 d of the Penal Code, a procedure is not considered an abortion when its effects occur before the completion of nidation of the fertilized egg cell in the uterus. This does not define the beginning of life, it only says something about the beginning of legal protection of unborn life. In the view of constitutional law Article 2, Section 2 of the German Basic Law, every person has the right to life and bodily integrity, which rights can only be infringed on in accordance with the law. However, personhood and life are not defined. PMID:8303918

  19. [Artificial insemination as a legal problem].

    PubMed

    Nesterowicz, M

    1977-08-01

    This paper which was submitted to the Fifth World Congress on Medical Law, which oonvened in the Philippines July 16-19, 1976, presents some of the as yet unresolved problems in Polish law that may occur in decisions involving artificial insemination. Legal standards must be established, so that when applied to family and inheritance rights, they will not conflict with international law as it affects the individual. Basically Polish law accepts artificial insemination by husband (AIH). Regardless of whether the husband's sperm was used with or without his consent, he is legally obligated as the child's father and must provide for it. He may not disinherit the child. On the other hand artificial insemination by donor (AID) is highly controversial. There ae those who claim it destroys the real meaning of marriage, family and motherhood, and thus should be declared illegal, forbidding doctors to practice it. This is no solution to the problem. The law presently bars the donor from paternal rights since he did not have physical relations with the mother. Under the law, a married woman who has been artificially inseminated by an unknown donor may not claim that her husband has paternal responsibilities toward the child. The wife's husband may accept the child, but legally may not adopt it. If a couple jointly decide to try AID, they should first agreee to financially provide for the child. In the case of a single woman, or a married women who decided on AID without the husband's consent, financial support should perhaps be offered by the Alimony Fund if the mother has insufficient means. Knowing that in the future sperm may be preserved for many years, legal tangles will develop even with AIH if for example the husband has been dead for several years prior to the wife's insemination. As the law stands today, the child could not inherit the father's estate. PMID:896577

  20. Legal process, litigation, and judicial decisions.

    PubMed

    Beresford, H Richard

    2013-01-01

    Ethically salient issues in neurologic care may have important legal overtones. This chapter considers some of these, emphasizing how law may influence the outcome of controversies over how best to promote autonomy, beneficence, and justice in the care of individuals with neurologic disorders. Constitutional, statutory, and judicial dimensions are addressed. With respect to autonomy, discussion emphasizes legal dimensions of the doctrine of informed consent and the obligations of medical professionals to protect the privacy and confidentiality of their patients. The discussion of beneficence focuses on issues relating to actual or potential conflicts of interest in the care of patients and on the conduct of research involving human subjects. The section on justice considers how law aims to define protectable rights and interests of individuals and to provide a fair and efficient process for resolving disputes. Applications of legal principles and doctrines are illustrated primarily through the examples afforded by judicial decisions. These cases demonstrate how law both promotes ethical decision-making and protects the rights and interests of those affected. The cases also highlight some of the ethical quandaries that evoke resort to litigation and the limits of law in advancing ethically appropriate outcomes. PMID:24182366

  1. Legal briefing: organ donation and allocation.

    PubMed

    Pope, Thaddeus Mason

    2010-01-01

    This issue's "Legal Briefing" column covers legal developments pertaining to organ donation and allocation. This topic has been the subject of recent articles in JCE. Organ donation and allocation have also recently been the subjects of significant public policy attention. In the past several months, legislatures and regulatory agencies across the United States and across the world have changed, or considered changing, the methods for procuring and distributing human organs for transplantation. Currently, in the U.S., more than 100,000 persons are waiting for organ transplantation. In China, more than 1.5 million people are waiting. Given the chronic shortage of available organs (especially kidneys and livers) relative to demand, the primary focus of most legal developments has been on increasing the rate of donation. These and related developments are usefully divided into the following 12 topical categories: 1. Revised Uniform Anatomical Gift Act. 2. Presumed Consent and Opt-Out. 3. Mandated Choice. 4. Donation after Cardiac Death. 5. Payment and Compensation. 6. Donation by Prisoners. 7. Donor Registries. 8. Public Education. 9. Other Procurement Initiatives. 10. Lawsuits and Liability. 11. Trafficking and Tourism. 12. Allocation and Distribution. PMID:21089996

  2. Bioethical and legal perspectives on xenotransplantation.

    PubMed

    Bowman, Diana M

    2004-07-01

    As scientific research continues to push forward the once seemingly insurmountable barriers of medical research, xenotransplantation has been viewed as a means to overcome the current and predicted future shortages of human donor organs. The current review of Australia's xenotransplantation guidelines by the National Health and Medical Research Council provides for a timely evaluation of the scientific merits, ethical dilemmas and legal implications of this technology. This paper contends that even if the scientific barriers of xenotransplantation were successfully circumvented, a myriad of ethical and legal questions remain. These questions include, but are not limited to, the use of 'donor' animals as a source of surrogate human tissues, the ability of seriously ill patients to provide fully informed consent, and the requirement of life-long monitoring of patients and third parties. This paper contends that the ethical questions and potential legal implications of xenotransplantation are so great as to outweigh any potential benefits that may be derived from this technology. Further, it is argued that as the public health risks of xenotransplantation have the potential to transcend sovereign borders and may remain latent for extended periods of time, a global regulatory approach is required in order to protect the global community and fundamental human rights. PMID:15685784

  3. Avoiding legal pitfalls in surrogacy arrangements.

    PubMed

    James, Summer; Chilvers, Rebecca; Havemann, Dara; Phelps, John Y

    2010-12-01

    The goal of this article is to discuss the legal pitfalls that reproductive endocrinologists face when participating in gestational surrogacy contracts. This paper was composed using Westlaw and LexisNexis commercial legal search engines to perform a review of statutes and cases pertaining to gestational surrogacy. The search results demonstrated that in the absence of suitable preparation, there is significant potential for litigation while participating in gestational agreements. Providers caring for gestational carriers have been named as parties in lawsuits for failure to provide psychological screening, failure to screen for infectious disease and participation in gestational contracts that are not compliant with state law. There is great disparity in state laws and court rulings pertaining to gestational agreements. When legal disputes arise, individual state laws and court rulings are controlling over the Uniform Parentage Act. Likewise, recommendations by the American College of Obstetricians and Gynecologists and the American Society for Reproductive Medicine do not supersede state laws. The failure to abide by individual state laws unnecessarily exposes reproductive endocrinologists and their IVF facilities to potential litigation. In order to lessen exposure to litigation, an understanding of individual state legislation or historical court rulings is advised. PMID:21050815

  4. Indian legal system and mental health

    PubMed Central

    Narayan, Choudhary Laxmi; Shikha, Deep

    2013-01-01

    Although there was a rich tradition of legal system in Ancient India, the present judicial system of the country derives largely from the British system and is based on English Common Law, a system of law based on recorded judicial precedents. Earlier legislations in respect of mental health were primarily concerned with custodial aspects of persons with mental illness and protection of the society. Indian laws are also concerned with determination of competency, diminished responsibility and/or welfare of the society. United Nations Convention for Rights of Persons with Disabilities (UNCRPD) was adopted in 2006, which marks a paradigm shift in respect of disabilities (including disability due to mental illness) from a social welfare concern to a human right issue. The new paradigm is based on presumption of legal capacity, equality and dignity. Following ratification of the convention by India in 2008, it became obligatory to revise all the disability laws to bring them in harmony with the UNCRPD. Therefore, the Mental Health Act – 1987 and Persons with Disability Act – 1995 are under process of revision and draft bills have been prepared. Human right activists groups are pressing for provisions for legal capacity for persons with mental illness in absolute terms, whereas the psychiatrists are in favor of retaining provisions for involuntary hospitalization in special circumstances. PMID:23858251

  5. Abortion Legalization and Childbearing in Mexico.

    PubMed

    Gutiérrez Vázquez, Edith Y; Parrado, Emilio A

    2016-06-01

    In 2007 abortion was legalized in the Federal District of Mexico, making it the largest jurisdiction in Latin America, outside of Cuba, to allow women to have abortions on request during the first trimester of pregnancy. While the implications of the law for women's health and maternal mortality have been investigated, its potential association with fertility behavior has yet to be assessed. We examine metropolitan-area differences in overall and parity-specific childbearing, as well as the age pattern of childbearing between 2000 and 2010 to identify the contribution of abortion legalization to fertility in Mexico. Our statistical specification applies difference-in-difference regression methods that control for concomitant changes in other socioeconomic predictors of fertility to assess the differential influence of the law across age groups. In addition, we account for prior fertility levels and change to better separate the effect of the law from preceding trends. Overall, the evidence suggests a systematic association between abortion legalization and fertility. The law appears to have contributed to lower fertility in Mexico City compared to other metropolitan areas and prior trends. The influence is mostly visible among women aged 20-34 in connection with the transition to first and second child, with limited impact on teenage fertility. There is some evidence that its effect might be diffusing to the Greater Mexico City Metropolitan area. PMID:27285423

  6. Abortion in Iranian legal system: a review.

    PubMed

    Abbasi, Mahmoud; Shamsi Gooshki, Ehsan; Allahbedashti, Neda

    2014-02-01

    Abortion traditionally means, "to miscarry" and is still known as a problem which societies has been trying to reduce its rate by using legal means. Despite the pregnant women and fetuses have being historically supported; abortion was firstly criminalized in 1926 in Iran, 20 years after establishment of modern legal system. During next 53 years this situation changed dramatically, so in 1979, the time of Islamic Revolution, aborting fetuses before 12 weeks and therapeutic abortion (TA) during all the pregnancy length was legitimate, based on regulations that used medical justification. After 1979 the situation changed into a totally conservative and restrictive approach and new Islamic concepts as "Blood Money" and "Ensoulment" entered the legal debates around abortion. During the next 33 years, again a trend of decriminalization for the act of abortion has been continuing. Reduction of punishments and omitting retaliation for criminal abortions, recognizing fetal and maternal medical indications including some immunologic problems as legitimate reasons for aborting fetuses before 4 months and omitting the fathers' consent as a necessary condition for TA are among these changes. The start point for this decriminalization process was public and professional need, which was responded by religious government, firstly by issuing juristic rulings (Fatwas) as a non-official way, followed by ratification of "Therapeutic Abortion Act" (TAA) and other regulations as an official pathway. Here, we have reviewed this trend of decriminalization, the role of public and professional request in initiating such process and the rule-based language of TAA. PMID:24338232

  7. Telecommunications, health care, and legal liability

    NASA Astrophysics Data System (ADS)

    Levy, Chris

    1990-06-01

    Regulation of health care telecommunications is fragmented in Canada. Further neither the legislative nor the administrative nor the judicial processes have managed to respond successfully to the impact of telecommunications technology. The result is a legal environment that is necessarily speculative for both telecommunications service providers and health care personnel and facilities. Critical issues include ensuring confidentiality for sensitive patient records and health information liability of telecommunications service providers for inaccurate transmission liability of health care providers for use or non-use of telecommunications services. Limitation of legal liability for both telecommunications and health care service providers is likely to be most effective when based on contract but the creation of the necessary contracts is potentially unduly cumbersome both legally and practically. 1. CONSTITUTIONAL ASPECTS Telecommunications systems that are empowered to operate or connect cross provincial or international boundaries are subject to federal regulation bu the scheme is incomplete in respect of a system set up as a provincial agency. Health care on the other hand is very much a matter of provincial rather than federal authority as a matter of strict law but the fiscal strength of the federal government enables it to provide money to the provinces for financing health care and to4 use this as a device for securing compliance with certain federal standards. Nevertheless the political willingness of the federal health authorities to impose standards on the provinces

  8. Should it be legal to assist suicide?

    PubMed

    Lesser, Harry

    2010-04-01

    This paper argues that because it is a matter of dispute whether to assist suicide is ever morally right, the question whether assisted suicide should be legal should be decided independently of the moral issue and with reference to whether to assist suicide is genuinely to carry out the wishes of the person requesting it. It is then argued that it is possible to devise a set of criteria, based on those used in the Netherlands with regard to euthanasia, which would allow assisted suicide when the request is reasonable and genuine, but keep it illegal under other circumstances. It is further argued that there is no evidence that legalizing assisted suicide will lead us down the slippery slope to involuntary euthanasia. Finally, the question is raised to whether these assisted suicides should be legalized or, as at the moment in the UK, simply not prosecuted, but, as is about to happen, with the criteria for non-prosecution made explicit. It is suggested that, although it is in some ways both irrational and unjust, non-prosecution is politically easier to achieve and also more cautious as a first move. PMID:20367858

  9. Statements from Youth in Legal Contexts: Effects of Consistency, Legal Role, and Age.

    PubMed

    Molinaro, Peter F; Malloy, Lindsay C

    2016-01-01

    Jurors are often asked to evaluate statements provided by young victims, witnesses, and suspects. When, over time, youths' statements contain inconsistent information or recantations of prior statements, jurors face a difficult task in evaluating the validity of the initial claim. The underlying reasons for inconsistencies and recantation of young people's statements, particularly in cases of child sexual abuse, have been debated. Of primary interest here is whether inconsistencies (e.g., recantation) are evaluated differently by fact finders depending on the youth's age and role in a legal case. The current study examined effects of consistency of juvenile statements, legal role, and age on perceptions of testimony in a child sexual abuse investigation. Participants (N = 693) read vignettes describing child sexual abuse in which consistency of a follow-up statement (consistent, inconsistent, recanted), legal role (victim, witness, suspect), and age (10 years, 16 years) of the juvenile providing testimony were manipulated. The results revealed that judgments of initial statement quality, blameworthiness, and guilt were dependent on the consistency of follow-up statements and on the interactive effects of a juvenile's legal role and age. The current study has theoretical implications for understanding juror decision-making and practical implications for legal professionals and fact finders evaluating youths' statements. Copyright © 2016 John Wiley & Sons, Ltd. PMID:27021412

  10. The impact of cuts in legal aid funding on charities

    PubMed Central

    Morris, Debra; Barr, Warren

    2013-01-01

    This article focusses on the specific impact of the cuts in legal aid funding on the charitable sector. The sector plays a significant role in advice giving. Some charities have the provision of legal advice as their sole purpose, whilst the work of other charities includes the giving of legal advice. Funding comes via a number of sources including legal aid, local authorities and charitable trusts. Whilst this volume highlights the legal aid reforms that will lead to significant cuts in funding, this article notes that charitable providers of legal advice have also suffered major cuts from their other traditional funding sources. Against this background, the article considers the serious and often unforeseen consequences for charities of the legal aid reforms, which go far beyond the impact on the high street law firm and access to justice for claimants. PMID:23667296

  11. Weaponisation of Space - Some Legal Considerations

    NASA Astrophysics Data System (ADS)

    Jolly, C.

    2002-01-01

    This paper will examine a current national initiative from the United States of America to achieve greater national security through the `weaponisation' of extra-atmospheric space. We will propose a synthesis of the current international legal framework pertaining to military activities in space. Based on the analysis of the legal regime and on some current national and regional political initiatives, we will make some practical recommendations to prevent an arms race in space. Civil remote sensing, telecommunications, and launchers launch vehicle technologies have all benefited from a military heritage. They are dual use technologies, in other words, technologies that have both military and civilian applications. In fact, space has always been militarised, ever since the first satellites were put in orbit for reconnaissance missions. But recently, some national policies and technological advances are making the militarisation of space less `discrete'. Military assets from different countries are already stationed in orbit (e.g. reconnaissance and navigation satellites), but they might soon be joined by new `space weapons' with lethal strike capabilities. Currently, in the United States, military and civilian space activities are being closely intertwined. A typical example is the call of the NASA Administrator Sean O'Keefe, a former Secretary of the Navy, for closer cooperation on research and development between NASA and the Department of Defense. Concerning plans to station weapons in space, the American Air Force Space Command issued, in February 2000, its `Strategic Master Plan for FY02 and Beyond'. It states that the United States "...future Air Force Space Command capabilities will enable a fully integrated Aerospace Force to rapidly engage military forces worldwide. [...] Full spectrum dominance in the space medium will be achieved through total space situational awareness, protection of friendly space assets, prevention of unauthorized use of those assets

  12. [Legal and medico-legal assessment of medical errors in obstetrics].

    PubMed

    Jurek, Tomasz; Swiatek, Barbara; Rorat, Marta; Drozd, Radosław

    2011-01-01

    The authors review the doctrine of criminal law and the jurisdiction of the Supreme Court in search of a starting point for the legal protection of human life and health. In cases of medical errors in obstetrics concerning a fetus, an act of a perpetrator can be classified as manslaughter or exposure to direct danger of loss of life or great bodily injury depending on whether the fetus is recognized as "a human being". The authors criticize the doctrinal criteria of the beginning of legal protection: spatial, physiological, obstetric, and developmental, pointing to the possibilities of decriminalization of medical errors of omission. A solution to this situation is the presented evolution of the jurisdiction of the Supreme Court. It moves towards establishing the beginning of legal and criminal protection of life and health at the "moment of emergence of objective grounds to necessitate delivery". PMID:22715678

  13. Prosecuting Intimate Partner Sexual Assault: Legal and Extra-Legal Factors That Influence Charging Decisions.

    PubMed

    O'Neal, Eryn Nicole; Tellis, Katharine; Spohn, Cassia

    2015-10-01

    Prosecutors play a crucial role in determining whether persons who are accused of intimate partner sexual assault (IPSA) will be sanctioned by the criminal justice system. Prosecutors have unconditional discretion at the initial charging stage because a case rejection decision is typically immune to review. Using qualitative data from 47 IPSA complaints that were referred to Los Angeles County or City prosecution in 2008, this study examines the factors that influence charging decisions. Findings suggest that prosecutors consider both legal and extralegal factors when making charging decisions and that various cultural, legal, and rape myths surrounding IPSA influence these decisions. PMID:26134710

  14. Lie detection: historical, neuropsychiatric and legal dimensions.

    PubMed

    Ford, Elizabeth B

    2006-01-01

    Lying and deception are behaviors that have been studied and discussed extensively in the scientific, philosophical and legal communities for centuries. The purpose of this article is to provide a general overview of the literature and thinking to date about deception, followed by an analysis of the efficacy and evolution of lie detection techniques. The first part explores the definitions of lying, from animal behaviorists' perspectives to philosophical theories, along with demographics and research about the prevalence of lying and characteristics of those who lie. This is followed by a discussion of possible motivations for lying, moral arguments about the legitimacy of or prohibition against lying, and developmental theorists' explanations for the growth of a human being's capacity to lie. The first section provides an introduction for the second part, a historical and critical review of lie detection techniques. Early methods, such as phrenology and truth serums are contrasted with more modern-day approaches, such as polygraphy and functional MRIs. Conclusions are drawn about whether technology has really advanced the art of detecting deception. Finally, the article enters a discussion about the law's response to lie detection methods and to deception in general. United States landmark cases, at both the state and federal level, are critiqued with regard to their impact on the admissibility into court of lie detection methods as evidence. Just as the scientific community has been wary of embracing many of these methods, so has the legal community. Through a review of the legal, scientific and pseudo-scientific issues surrounding deception, a greater understanding is reached of the complexity of this universal and morally loaded behavior. PMID:16516294

  15. La traduction juridique et son enseignment: aspects theoriques et pratiques (Legal Translation and Its Teaching: Theoretical and Practical Aspects).

    ERIC Educational Resources Information Center

    Gemar, Jean-Claude

    1979-01-01

    Examines the constraining nature of legal language, legal terminology, the differences among legal systems, problems of documentation, and an interdisciplinary approach to legal translation, and their relationship to the teaching of legal translation. (AM)

  16. The Minimum Legal Drinking Age and Crime

    PubMed Central

    Carpenter, Christopher

    2015-01-01

    We use variation from the minimum legal drinking age to estimate the causal effect of access to alcohol on crime. Using a census of arrests in California and a regression discontinuity design, we find that individuals just over age 21 are 5.9% more likely to be arrested than individuals just under 21. This increase is mostly due to assaults, alcohol-related offenses, and nuisance crimes. These results suggest that policies that restrict access to alcohol have the potential to substantially reduce crime. PMID:26120205

  17. Surrogacy: ethical, legal, and social aspects.

    PubMed

    Bromham, D R

    1995-09-01

    In considering the interrelated ethical, legal and social aspects of surrogacy we acknowledge that society has long accepted the delegation of various parenteral functions and explore the role of a surrogate in relationship to this as well as alluding to commoner comparisons with prostitution and adultery. In particular, the "birth mother" rule, the public antipathy to "commercial" surrogacy and restrictive legislation are explored and found to be inappropriate. It is concluded that the regulation, surveillance and assessment needed to ensure the best outcome for all concerned would perhaps be easiest achieved in programmes that are formally licensed under permissive legislation and adequately funded by "commercial" means. PMID:8589569

  18. Legal mechanisms supporting accountable care principles.

    PubMed

    Ramanathan, Tara

    2014-11-01

    Public health and private providers and facilities may shape the future of the US health system by engaging in new ways to deliver care to patients. "Accountable care" contracts allow private health care and public health providers and facilities to collaboratively serve defined populations. Accountable care frameworks emphasize health care quality and cost savings, among other goals. In this article, I explore the legal context for accountable care, including the mechanisms by which providers, facilities, and public health coordinate activities, avoid inefficiencies, and improve health outcomes. I highlight ongoing evaluations of the impact of accountable care on public health outcomes. PMID:25211740

  19. Recruiting physicians: avoiding the legal minefield.

    PubMed

    Copeland, W M

    1992-01-01

    This article identifies and discusses the legal problems and pitfalls associated with the implementation of a physician recruitment program. Careful structuring is necessary to strike a balance meeting the requirements of both the Internal Revenue Code and the Medicare fraud and abuse provisions. The various tax considerations that may affect physician recruitment are comprehensively analyzed. Similar analysis is made of the Medicare fraud and abuse statute. Also included is a list of items that must be taken into consideration when embarking on a physician recruitment program. PMID:10118592

  20. Irrationality: psychological, ethical and legal aspects.

    PubMed

    Dimitrov, A

    1999-01-01

    A definition and a concise classification of irrational mentality and behaviour is proposed in the paper. The basic goal is to reveal the psychological mechanisms of inducing irrational individual and group behaviour by certain social agents. An attempt is made to apply the methodology of self-organization theory to the analysis of psychic equilibrium. The inducing of irrational behaviour is qualified as a crime against the freedom of the individual. In view of its grave social consequences a plea for its serious legal treatment is made. PMID:10436738