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Sample records for legal aspects

  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 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)

  3. 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.…

  4. [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

  5. 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

  6. 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.

  7. [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

  8. 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

  9. [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

  10. 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

  11. 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

  12. 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)

  13. 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)

  14. 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)

  15. 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.

  16. 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

  17. 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

  18. [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

  19. 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

  20. 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…

  1. 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

  2. [Animal experiments: legal, scientific and ethical aspects].

    PubMed

    Houvenaghel, A

    2000-01-01

    Among the legal aspects the following topics are treated: the definitions of an experimental animal, an animal experiment and alternative methods with special reference to the 3 R's (replacement, reduction and refinement of animal experiments); the qualifications, education and training of researchers and animal technicians; the licence for animal experimentation; the control on animal welfare; the origin and identification of experimental animals; statistical data on the number of experimental animals; ethics committees and their structure and functions in The Netherlands and Flanders. Extrapolation, species specificity and variability are the most important scientific limitations of animal experimentation. After a short historical survey on the man-animal relation, the following ethical aspects are discussed: the instrumental versus intrinsic value of an experimental animal; the hybrid status of the animal; the objectives of animal rights movements; the balance between the human benefit of an animal experiment and the discomfort for the animal; the problem of animal rights and animal suffering and pain. PMID:10818819

  3. [Surgery for dysgnathia: medico-legal aspects].

    PubMed

    Mangoni, E D

    1990-01-01

    Recent developments in surgical treatments of dentofacial deformities, regarding the modern and far-reaching views of health protection, are taken into account by the Author. He refers to the normative provisions revealing the interest of the legal health system in this pathology. He asserts the rightfulness of the treatment and the hypotheses of unlawfulness; he mentions aspects of personal identification of a patient surgically treated whose physiognomy is modified, in the light of identification regulations. Special profiles of the patient's consent and participation in options on alternative treatments are outlined; basic deontological rules are recalled as well (risks/benefits proportion, technical ability of dentist and auxiliaries, fitness of place, accurate anaesthesiological planning). PMID:2291707

  4. [Responsibility and legal aspects of implantology].

    PubMed

    Giltay, G B; Malvoz, R E

    2001-01-01

    Medico-legal aspects regarding oral implantology are to be found in the Civil Right and governed by the Belgian civil code (article 1382) and by the specific nature of the relationship between the practitioner and the patient. Both the patient and the practitioner are to fulfill a number of obligations. One of these, is the compulsory 'informed consent' to be obtained from the patient. However, this consent is preceded by the information given and repeated by the practitioner to the patient regarding the proposed treatment. This article describes precautions and obligations to observe by the practitioner in order to minimize the possibility of being sued by a patient. Various anamnestic question lists are provided in this article. PMID:11508124

  5. Medico-legal aspects of doping.

    PubMed

    Madea, B; Grellner, W; Musshoff, F; Dettmeyer, R

    1998-03-01

    Abuse of anabolic steroids is an increasing problem not only among athletes but also body-builders and teenagers. A fast-developing black market has been established since the opening of the borders to eastern Europe. Medico-legal aspects of doping are addressed with particular reference to toxicology and pathology. Constituents of anabolic steroids bought on the black market were identified using gas chromatography/mass spectrometry; the products did not contain the expected ingredients in 35% of cases. Long-term effects and fatalities because of anabolic steroid abuse are reported here based on our own case material and a literature review. In our own cases, severe cardiovascular side-effects developed after long-term abuse of Dianabol (methandrostenolone) and Oral-Turinabol (chlordehydromethyltestosterone), i.e. myocardial infarction, stroke, organomegaly and/or severe atherosclerosis. The pathogenesis of cardiovascular complications (cardiotoxic effect, risk of atherosclerosis, thrombogenic risk) is discussed based on the available literature reports following fatal outcome after the abuse of anabolic steroids. PMID:15335551

  6. An Undergraduate Course in Legal Aspects of Geology.

    ERIC Educational Resources Information Center

    Tank, Ronald W.

    1984-01-01

    A seminar which uses a case history approach and the Socratic method to evaluate legal aspects of geology is described. Water rights law, mineral law, and legal aspects of landslides, subsidence, sedimentation, erosion, and submergence are discussed. Students deal with hypothetical problems and participate in group projects related to these areas.…

  7. [Animal welfare legal aspects of rodeo events].

    PubMed

    Franzky, A; Bohnet, W; Kuhne, F; Luy, J

    2005-03-01

    Rodeo events have been criticised by animal welfare organisations as being adverse to animal protection, for years. This was the motive for TVT to put several of these criticised disciplines to evaluation in terms of animal protection aspects. For that purpose, various rodeo events were visited, and videotaped material of almost all events, which had taken place in Germany in 2003 and 2004, was evaluated. Rodeo events are subject to and 11, sec.1, No. 3d, German Animal Protection Act, which implies compulsory accreditation. In the scope of such events, causing any sort of pain and suffering (and 3 No. 6 German Animal Protection Act) is prohibited. A proof of the severity of the pain caused, is therefore no necessity. For the "critical" disciplines "Bare Back Riding" and "Saddle Bronc Riding" a so called "flank" is used. A flank is a leather strap, fastened to the sensitive parts of the horse skin, (around the flanks,) which is tightened to a maximum as soon as the horse is released from the starting box. Analysis show, that the strap has to be seen as the trigger for the wanted kow-tow. The different coping strategies shown by the animals prove that the leather strap is an apt instrument to cause pain and/or suffering (anxiety/fear/stress) in horses. Bull riding, instead, showed that the rider has to be seen primarily as the trigger for defence behaviour, here. In consideration of the current legal position and taking ethic principles into account, it seems appropriate to only authorise rodeo events under the condition of a flank strap ban. Bull riding should be banned in general. PMID:15847068

  8. [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

  9. Legal and Contractual Aspects of Interlibrary and Information Service Operations.

    ERIC Educational Resources Information Center

    Duggan, Maryann

    Legal and contractual aspects of networks are reviewed from a lay practitioner's viewpoint. The legal basis for establishment of networks determines the authorization to enter into contracts, receive and convey funds, cross state lines, etc. Existing state laws (or lack of appropriate state laws) hinder development of networks by the process of…

  10. Teacher Selection: Legal, Practical, and Theoretical Aspects. UCEA Monograph Series.

    ERIC Educational Resources Information Center

    Young, I. Philip; Ryerson, Dean

    This monograph, structured for administrative use in analyzing and building systems for selecting teachers, outlines the legal, applied, and theoretical issues of teacher selection. This overview is presented in five sections. "Legal Aspects of Teacher Selection" examines individual rights and employer reactions in relation to federal and state…

  11. 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…

  12. 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…

  13. 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…

  14. 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…

  15. 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)

  16. 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

  17. 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

  18. Ethical and legal aspects of oncogenomics.

    PubMed

    Stankov, K; Draskovic, D; Mikov, M

    2012-01-01

    The discovery of the genes and cellular pathways that play fundamental roles in several diseases, and the understanding of many diseases at a molecular level due to the advances in the field of genomics, have revolutionized the diagnosis, therapy and prevention of human diseases. Application of genetic testing in numerous medical fields, including pharmacogenomics and oncogenomics, raised numerous ethical questions and introduced legal instruments that are aimed at ensuring the appropriate protection of human research participants. For the effective development of human genomics and translation of novel, validated biomarkers into potentially useful clinical applications in personalized medicine, there is a need for clear ethical standards and principles in all phases of clinical research. PMID:22740222

  19. Legal aspects of E-HEALTH.

    PubMed

    Callens, Stefaan; Cierkens, Kim

    2008-01-01

    Cross-border activities in health care in the European single market are increasing. Many of these cross-border developments are related to e-Health. E-Health describes the application of information and communication technologies across the whole range of functions that affect the health care sector. E-health attracts a growing interest on the European level that highlights the sharp need of appropriate regulatory framework able to ensure its promotion in the European Union. Some Directives constitute a step in this direction. Both the Data Protection Directive, the E-Commerce Directive, the Medical Device Directive and the Directive on Distance Contracting are some of the most important European legal achievements related to e-Health. Although the directives are not adopted especially for e-health applications, they are indirectly very important for e-Health. Firstly, the Data Protection Directive applies to personal data which form part of a filing system and contains several important principles that have to be complied with by e-Health actors processing personal data concerning health. Secondly, the E-commerce Directive applies to services provided at a distance by electronic means. Many e-Health applications fall within this scope. Thirdly, the Medical Devices Directive is of importance for the e-Health sector, especially with regard to e.g. the medical software that is used in many e-health applications. Finally, the Directive on Distance Contracting applies to contracts for goods or services which make use of one or more means of distance communication; E-Health business may involve the conclusion of contracts. Despite these Directives more developments are needed at the European level in order to make sure that e-Health will play an even more important role in health care systems than is the case today. The new e-Health applications like electronic health records, e-health platforms, health grids and the further use of genetic data and tissue involve new

  20. [Legal and ethical aspects of drug therapy].

    PubMed

    Gloor, B

    1985-06-01

    Legally speaking, the administration of drugs for diagnostic and therapeutic purposes is, in fact, bodily injury which enjoys exemption from punishment only when it is justified and the patient has given his consent. In daily practice the application of relatively low-risk diagnostic drops ought to represent a part of the commission which the patient gives the ophthalmologist in seeking out his practice. The risk involved in diagnostically and therapeutically administered drugs must be reasonably related to the possible advantage to be gained. Therefore, a brief explanation to the patient and the securing of his consent are surely appropriate before the use of a mydriatic in cases with a dangerously narrow chamber angle. Rational therapy with drugs depends on knowledge of their effects. In our specialty this is by no means the case with all drugs. However, there are problems in verifying their efficacy. Personal, practical experience often leads to false conclusions and to perpetuation of the same mistakes. From retrospective studies we can only arrive at reliable conclusions in the case of obvious, gross effects; not even exploratory data analysis provides sure knowledge; at best it established hypotheses. Therefore, the most important means of testing drugs is the prospective controlled study with random distribution of patients into a control group and groups given the test substance. With the help of statistical methods, this leads from ignorance to secure knowledge. Members of the legal profession have expressed their misgivings about randomized studies, partially because they are not familiar with the state of our ignorance and the difficulties involved in testing pharmaceuticals.(ABSTRACT TRUNCATED AT 250 WORDS) PMID:4046447

  1. Medico-legal aspects of histopathology practice.

    PubMed

    Ong, B B; Looi, L M

    2001-06-01

    Medico-legal problems experienced by histopathologists differ from those of other clinicians as they are rarely in direct contact with patients. Nevertheless, the pathologist owes a duty of care to the patient and is liable for medical negligence. In the absence of local guidelines, it is prudent to follow guidelines published by learned Colleges elsewhere. This is also true when delegating duties to non-pathologists, technical and other support staff. Errors in diagnosis and documentation pose the most common problems in histopathology. In this, liability also depends on many factors including the provision of adequate clinical information by clinicians and competence of laboratory staff. Clinicopathological discussions, participation in quality assurance programmes and adherence to standard operating procedures are important audit activities to minimize and detect errors as well as prevent grievous outcome to patients. Issues also arise over the retention of specimens and reports. In general, wet, formalin-fixed tissues should be kept until histopathological assessment is finalized and preferably after clinicopathological sessions, and even longer if there is potential litigation. Reports should be archival. Paraffin blocks should be kept for at least the lifetime of the patient, and histology slides for at least 10 years, to facilitate review and reassessment. Despite adverse publicity in the foreign press over the use of human organs and tissues for research and education, it is accepted that processed tissues can be used for research and educational purposes provided the patient's identity is kept confidential. Nevertheless, it would be prudent to revise consent forms for surgery and autopsies to include the possibility that tissues removed can be stored or used for research and education. Good medical practice in pathology encourages a willingness to consult colleagues when in doubt, but advises that the treating clinician be informed if histopathological

  2. [Use of data: legal and ethical aspects].

    PubMed

    Ciacci, Gianluigi

    2015-09-01

    Health care professionals and organizations, in carrying out their activities, consistently handle information related to identified or identifiable (even indirectly) natural persons, therefore "personal data". The application of Legislative Decree 30 June 2003 n. 196--the Code concerning the protection of personal data--as integrated by the pronunciations of the authority tasked with the application of such a complex legislation, the Authority for the Protection of Personal Data, consequently follows. The aforementioned legislation is seldom fully applied even 12 years after its publication, and even so not properly or with the adequate level of care. As a consequence, the data processed is often not adequately safeguarded, and compliance is hindered at an organisational level: this is particularly true with reference to the state of the art in medical technology, which is characterized by the utilization of ICT technologies such as the ones used with clinical registries and the Electronic Health Record. This chapter shows that, even when processing personal data that is of a sensitive nature, and at the same time of great importance, it is possible to reconcile the need to access and manage information with the protection of the individuals to whom such information refers to. This possibility is however closely linked to the awareness of the issues involved, awareness that in turn comes from an indispensable knowledge of the different aspects of that complex legislation. PMID:26418507

  3. Ethical and legal aspects of global tobacco control

    PubMed Central

    Novotny, T; Carlin, D

    2005-01-01

    On 28 February 2005, the Framework Convention on Tobacco Control came into force as a result of at least 40 countries becoming State Parties through ratification of this first ever health treaty sponsored by the World Health Organization. This article discusses the bioethical, trade, and legal aspects of global tobacco control. Special emphasis is given to globalisation of tobacco use and the challenges it poses to sovereign nations. It also advocates a bioethical basis in the pursuit of global solutions to expanding tobacco use. PMID:16046698

  4. Abortion in Islamic countries--legal and religious aspects.

    PubMed

    Asman, Oren

    2004-01-01

    The debate over abortion is still controversial as ever. As one of every four people in the world is of the Muslim religion, it is important to learn more about the Islamic point of view toward this dilemma in medical ethics. The first part of this paper gives a general view of the sources of Islamic law and discusses modern developments in Islamic medical ethics regarding abortion. The second part focuses on the legal aspects of abortion in different Islamic states, dealing with the need to supply solutions to women who for different reasons wish to abort and at the same time enact laws that would not contradict Islamic principles. A study of three Muslim states (Egypt, Kuwait and Tunisia) demonstrates three different approaches toward legalizing abortion--a conservative approach, a more lenient approach, and a liberal one--all within Islamic oriented states. This leads to a conclusion that a more liberal attitude regarding abortion is possible in Islamic states, as long as traditional principles are taken into account. PMID:15163077

  5. Ethological, psychological and legal aspects of animal sexual abuse.

    PubMed

    Hvozdík, Anton; Bugarský, Andrej; Kottferová, Jana; Vargová, Milada; Ondrasovicová, Ol'ga; Ondrasovic, Miloslav; Sasáková, Nad'a

    2006-09-01

    This report presents an analysis of sexual abuse of five three-month old calves that died as a result of injury. A subsequent police investigation concluded that the animals had been sexually abused by an individual affected with zoophilia. The calves received injuries in the anogenital region resulting in fatal internal bleeding. The wounds appeared to have been caused by inserting and manipulating an unknown object into the vaginas of the animals. Post-mortem examination showed rupture of both the rectum and vagina in each calf with massive haemorrhage into the abdominal and thoracic cavities. From the psychiatric and animal welfare viewpoints animal sexual abuse is linked to clinical veterinary ethology. Ethical and legal aspects of animal welfare are evaluated with particular regard to the cases described. PMID:16019241

  6. [Triploid cloned human embryos: ethical, social, and legal aspects].

    PubMed

    Bellver Capella, Vicente

    2012-01-01

    This work attempts to place the experiment within the scientific and social framework of pluripotent-stem-cell research and offer reflections of an ethical and (to a lesser extent) legal nature on the results obtained by this research group. To these ends, the work is divided into two parts. The first part describes the most important aspects of Noggle and Egli's announcement and the biotechnological and media context in which it was made. The second part is concerned with the bioethical issues raised by the experiment. There are basically four issues, which relate to: (1) the nuclear transfer technique, (2) the use of human ovules to carry out the experiment, (3) the destruction of human blastocysts, and (4) the ethical requirements of scientific publications. PMID:23115823

  7. 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.

  8. Research on embryos in Turkey with ethical and legal aspects

    PubMed Central

    Vatanoğlu-Lutz, Emine Elif

    2012-01-01

    Technically, the term embryo refers to the products of conception after implantation into the wall of the womb, usually nearly two weeks after fertilization, up until the eighth week. Embryos contain stem cells which, according to scientists, could be used to cure a wide range of conditions. Stem cells can be coaxed into growing cells of any other type, which makes them potentially very useful indeed. However, removing stem cells from an embryo will kill the embryo, which some people object to. From the mid 1970s, IVF was being developed and research was carried out on the spare embryos produced. This research helped to improve IVF techniques, as well as to better understand the earliest stages of human development. Research also shed light on a variety of inheritable disorders. In Turkish Law, assisted reproduction treatment (ART) services are regulated with the Regulation of Assisted Reproductive Treatment Centers Act (RAPTCA) The Regulation was issued in 1987, but it has been amended several times since. Also, article 90 of the Turkish Penal Code covers some aspects of research on embryos. At the same time, the Biomedicine Convention (Oviedo Convention), signed by Turkey and which entered into force in 2003, has binding regulations about this issue. Different legal regulations and some ethical guidelines are in conflict with each other, creating much confusion for the researchers. In this paper these conflicts are discussed, giving some practical proposals. PMID:24592037

  9. Legal aspects of national implementation of the Chemical Weapons Convention

    SciTech Connect

    Tanzman, E.A.; Zeuli, A.R.; Kellman, B.

    1994-11-28

    The author discusses some legal aspects of measures at the national level to implement the Chemical Weapons Convention (CWC). These implementing measures are universal, applying not only to the few States Parties that will declare and destroy chemical weapons, but also to the many States Parties that have never had a chemical weapons program. This new need for national measures to implement multilateral arms control agreements has generated unease due to a perception that implementation may be burdensome and at odds with national law. In 1993, concerns arose that the complexity of integrating the treaty with national law would cause each nation to effectuate the Convention without regard to what other nations were doing, thereby engendering significant disparities in implementation steps among States Parties. The author discusses progress among several States in actually developing national CWC implementing measures. Implementing measures from Australia, Norway, South Africa, and Sweden were available to him in English through the PTS. He compares them in order to illustrate different approaches to national implementation that are emerging. Of course, it is important to note that this brief survey necessarily omitted examination of the existing ``background`` of other, related domestic laws that these signatories might also have adopted that affect CWC implementation.

  10. Ethical and legal aspects of assisted reproduction practice in Asia.

    PubMed

    Schenker, J G; Shushan, A

    1996-04-01

    This report describes the ethical and legal aspects of assisted reproduction technology (ART) that have been instituted in Asian countries. The data were collected by a questionnaire circulated to ART units in Asia. These are Taiwan, Singapore, Korea, Indonesia, Thailand, Japan, Iran, India, Jordan, Malaysia, China, Israel, Hong Kong, Pakistan, Lebanon, Saudi Arabia, and Persian Gulf countries. According to the survey, there are approximately 260 ART centers in Asia (half of which are in Japan). On a global basis each ART centre in Asia serves an average population of 13 million people. On the other hand, in those Asian countries where the standards of living are relatively high, the availability of ART services, including the more sophisticated and costly ART procedures like micromanipulation, is similar to that in the Western world. In most of the Asian countries practising ART, however, no state registry exists. Taiwan is the only country that has specific legislation, and in six other countries some kind of ministerial regulations are practised. We conclude that ART is now practised in 20 countries in Asia. The prevailing rules and cultural heritage in many of these Asian countries has a major influence on the implementation of ART in Asia. However, in view of the complicated and sensitive issues involved, and as no supervision on ART clinics exists in most of the Asian countries, we advocate that some kind of quality control should be urgently instituted in all centres practising ART. In this way, it is hoped that the highest standards be attained for all parties concerned. PMID:8671351

  11. Legal and ethical aspects of ghostwriting in medicine.

    PubMed

    Wnukiewicz-Kozłowska, Agata

    2011-02-01

    Ghostwriting in medicine represents a highly significant problem in both legal and ethical terms, and particularly in recent years owing to a sudden increase in the practice. The main goal in this paper is to present the legal and ethical rules connected with the ghostwriting phenomenon. The problem is presented in the context of international, European and Polish law. From a legal perspective the issues bound up with ghostwriting are those of the notion and authorship of a work, authors' rights (both moral rights and copyright), the content of these rights and their nature, as well as the question of the transfer of such rights. From the point of view of ethics there arises a need for reflection on honesty, accuracy and credibility as defined both generally and scientifically. PMID:21234812

  12. Legal aspects of planetary protection for Mars missions.

    PubMed

    Sterns, P M; Tennen, L I

    1995-03-01

    The planning and execution of manned and robotic missions to Mars present a wide range of jurisprudential issues. Provisions to prevent the disruption of natural celestial environments, as well as damage to the environment of Earth by the return of extraterrestrial materials, are important components of the law applicable to mankind's activities in outer space, and have been supplemented by scientifically instituted planetary protection policies. However, divergent legal regimes may exist, as the space treaties in force are neither uniform in their provisions, nor identical as to the states which have signed, ratified, or adopted the international agreements. The legal requirements applicable to a specific mission will vary depending on the entities conducting the program and specific mission profile. This article analyzes the divergent international legal regimes together with the factors which will influence the determination of the standards of conduct which will govern manned and robotic missions to Mars. PMID:11539239

  13. The legal aspects of parental rights in assisted reproductive technology.

    PubMed

    Ciccarelli, John K; Ciccarelli, Janice C

    2005-03-01

    This paper provides an overview of the different legal approaches that are used in various jurisdictions to determine parental rights and obligations of the parties involved in third party assisted reproduction. Additionally, the paper explores the differing legal models that are used depending on the method of surrogacy being utilized. The data demonstrates that a given method of surrogacy may well result in different procedures and outcomes regarding parental rights in different jurisdictions. This suggests the need for a uniform method to resolve parental rights where assisted reproductive technology is involved. PMID:17073027

  14. Legal aspects of withholding treatment from handicapped newborns: substantive issues.

    PubMed

    Robertson, J A

    1986-01-01

    The controversy over nontreatment of handicapped newborns arises in a context of criminal and civil law, against which the current controversy has unfolded. This article examines the legal setting and background under traditional criminal and civil law concepts of nontreatment of handicapped newborns. It focuses on substantive principles of law, showing that nontreatment would be legally permitted when treatment could not be reasonably said to be in the interest of the patient involved, and that nontreatment could be considered criminal where treatment would serve patient interests. It then relates this analysis to procedural issues and the federal Baby Doe legislation and regulations that have recently emerged. PMID:3745837

  15. Advocacy for Sexual Harassment Victims: Legal Support and Ethical Aspects.

    ERIC Educational Resources Information Center

    Stone, Carolyn B.

    2000-01-01

    Uses a case study to frame a response and define the school counselor's advocacy role by examining: legislation regarding student-on-student sexual harassment; the prevalence of sexual harassment in schools and the emotional costs; and the counselor's legal and ethical obligations. Asserts that school counselors can empower students with the…

  16. The political and legal aspects of space applications

    NASA Technical Reports Server (NTRS)

    Hanessian, J., Jr.

    1972-01-01

    The political and legal repercussions of space programs both domestic and foreign are explored. Emphasis are placed on earth resources exploration (exploration based on information rights), jurisdictional problems, problems of sharing space benefits with other countries, criminal launch and use of satellites, intrusion into territorial sovereignty, and problems of establishing data ownership.

  17. Legal aspects of conflict-induced migration by women.

    PubMed

    Macklin, Audrey

    2008-05-01

    This paper surveys the international legal frameworks, including the many guidelines, handbooks, resolutions, toolkits, conclusions and manuals produced by various United Nations bodies, that confirm an awareness of the protection issues specific to women and girls displaced by conflict. It explores the extent to which these documents address the gendered impacts of conflict-induced migration, and the role of United Nations bodies as international governmental organisations in implementing these norms. The main focus is upon internally displaced women and women refugees. In addition to problems of enforcing compliance with existing guidelines, the paper concludes that two areas--developing strategies to accommodate the realities of long-term, even permanent displacement and enhancing women's literal and legal literacy--require much greater attention on the part of governmental and non-governmental international organisations. PMID:18513604

  18. Severe neurological impairment: legal aspects of decisions to reduce care.

    PubMed

    Beresford, H R

    1984-05-01

    Decisions to reduce care for patients with severe neurological impairment may raise legal questions. The laws of most states now authorize physicians to stop care for those who have suffered irreversible cessation of all functions of the brain ("brain death"). Where state law is not explicit, it is nevertheless probably lawful to regard brain death as death for legal purposes so long as currently accepted criteria are satisfied. Several courts have ruled that it is lawful to reduce care for patients in vegetative states, but have prescribed differing standards and procedures for implementing such decisions. The issue of whether parents can authorize physicians to reduce care for neurologically impaired children is the focus of current litigation. Implicit in this litigation is the question of how severe neurological impairment must be before parents and physicians may lawfully agree to reduce care. For severely impaired but not vegetative adults, there is some legal authority to justify certain decisions to reduce care. The issue of whether withholding feeding from a severely demented patient with life-threatening medical problems constitutes criminal behavior is now being considered by a state supreme court. PMID:6732188

  19. Day Care Legal Handbook: Legal Aspects of Organizing and Operating Day Care Programs.

    ERIC Educational Resources Information Center

    Aikman, William F.

    This guide for providers of day care services presents information on business regulations and other legal considerations affecting for-profit and not-for-profit day care programs. Three basic topics covered are: (1) choosing the type of organization (sole proprietorship, partnership or corporation), (2) forming the organization, and (3) operating…

  20. The medico-legal aspects of prescribing vitamin D

    PubMed Central

    Davies, John S; Poole, Chris D; Feldschreiber, Peter

    2014-01-01

    Vitamin D is a particularly important sterol hormone and its effects beyond bone are increasingly recognized. Over the last decade clinical interest has grown in vitamin D, with increased recognition of deficiency and hence increased prescribing of vitamin D products. However, the increased prescription of vitamin D has generally been met with unlicensed vitamin D products which potentially expose the patient to clinical risk. This review discusses the issues relating to the clinical use of unlicensed vitamin D products, safety concerns that may arise from this, as well as discussing the medico-legal responsibilities of the prescriber and dispenser. PMID:25047693

  1. Economic and legal aspects of utility consortiums for heliostat purchase

    SciTech Connect

    Cole, R.J.; Sommers, P.; Sheppard, W.J.; Nesse, R.J.

    1982-07-01

    A preliminary exploration is given of the legal and economic considerations surrounding the formation and operation of some form of utility-sponsored collective buying arrangement for heliostats. Particular attention is focused on considerations of federal antitrust law surrounding collective buying and other joint operations by electric utilities. Attention is also given to considerations suggested by the economic theory of monopsony (markets with a single buyer) and oligopsony (markets with a small number of buyers). The advantages and disadvantages of such arrangements are examined from the viewpoints of the buyer and the seller. (LEW)

  2. [Abortion in Colombia. Medical, legal and socioeconomic aspects].

    PubMed

    Umaña, A O

    1973-01-01

    Abortion is a social problem and criminal sanctions are very ineffective in limiting it and are seldom applied (133 legal actions vs. 65,600 cases of induced abortion in 1965). Abortion is a social disease, as are prostitution, juvenile delinquency, drug abuse, and so far has been an insoluble problem. Colombian laws should be modified to reflect reality. Sex education must be emphasized, because ignorance is one of the main causes of abortion. Leniency should be applied toward women who cooperate with the authorities in identifying the person who performed an abortion. Legalization of abortion and enforcement of strict laws against it are considered as possible solutions, but both are rejected. The former is regarded as morally unacceptable and as imposing an excessive burden on scarce health services, the latter as even worse, imposing an equivalent burden on the court system, without s olving either health or social problems. The best and probably only solution is to improve education in family planning, to promote knowledge and motivation to enable the population to make sound and responsible decisions. PMID:4804875

  3. [Polish legal terms of animal-based research - selected aspects].

    PubMed

    Poznański, Paweł; Niedźwiecki, Sławomir

    2014-01-01

    Animal-based models used in biomedical sciences allow to perform research that, conducted on humans, would be highly problematic because of bioethical and technical issues. Contemporary researchers race can lead to abuse, hence the need for special law regulations regarding this subject. This necessity reflected both in the EU and Polish legislation, and is rooted in the philosophical and moral achievements of Europe. EU legislation in this case takes the form of directives implemented in the legal systems of the member states. Polish tradition of legislative approach to animal-based research is long. In 1959 the wide attempt to regulate this matter was undertaken. Until 2005, the nature of the matter had been regulated by the Polish animal protection law. Currently, details concerning animal-based-research are regulated by the animal experiments law (2005). The elapsed time since enactment allowed doctrine and judicature to reveal capabilities and vulnerabilities of the law. PMID:25932901

  4. Psychiatric nursing care in Brazil: legal and ethical aspects.

    PubMed

    Ventura, Carla A Arena; Mendes, Isabel Amélia Costa; Trevizan, Maria Auxiliadora

    2007-12-01

    Human rights, considered as rights inherent to all human beings, must be respected unconditionally, especially during health care delivery. These rights became actually protected by International Law when the UN was created in 1945 and, later, when the Universal Declaration of Human Rights was issued in 1948, giving rise to various subsequent treaties. Based on the historical evolution of Human Rights in the international sphere, associated with the principles of constitutional, penal and civil law and psychiatric patient rights in Brazil, we aim to understand some dilemmas of psychiatric nursing care: individuals' rights as psychiatric patients, hospitalization and nursing professionals' practice. In their practice, nurses attempt to conciliate patients' rights with their legal role and concerns with high-quality psychiatric care. In coping with these dilemmas, these professionals are active in three spheres: as health care providers, as employees of a health organization and as citizens. PMID:18284121

  5. Eugenic Sterilization: Medico-Legal and Sociological Aspects

    PubMed Central

    Robinson, Felipe C.; Robinson, Shirley W.; Williams, Loretta J.

    1979-01-01

    The court-ordered sterilization of a normal 18-year-old black female in North Carolina focused attention on the unfortunate impact of eugenic statutes that allow sterilization as a method of social control. The existence of these laws in many states allows misapplication and abuse of authority which, not infrequently, is directed liberally to blacks and other minority groups. Eugenic sterilization is, at this time, a legally accepted form of “medical treatment.” The justification of such sterilization is the vague concept that the presumed “mentally deficient” individual is probably a potential parent of socially inadequate offspring who would likewise be socially inadequate. Since there never has been factual substantiation of whether the sterilization of these individuals will diminish the incidence of mental retardation, it is necessary to focus attention on the concept of eugenic sterilization and point out its many fallacies. PMID:480398

  6. Oil spills: Legal aspects. (Latest citations from the Selected Water Resources Abstracts database). Published Search

    SciTech Connect

    Not Available

    1993-07-01

    The bibliography contains citations concerning the legal aspects of oil spills. Topics include general perspectives on oil spills, EPA's response to oil spills, legal and corporate response to oil spills, public interest groups' attitudes on oil spills, and economic and political approaches to the problems caused by oil spills. Federal, state and local legislation dealing with these problems is emphasized. (Contains 250 citations and includes a subject term index and title list.)

  7. [The notion of occupational skin disease. Medical and legal aspects].

    PubMed

    Elsner, P; Schliemann, S

    2015-03-01

    The different definitions of skin disease in medicine and in law are frequently confusing for dermatologists. While a skin disease may be defined medically referring to the definition of health by the WHO as a pathological condition of the skin leading to a disruption of the physical, mental and social well-being of the individual, legal definitions vary depending on the field of insurance law that is referred to. In the law of private health insurance, a skin disease is defined as an anomalous condition of the skin requiring medical treatment that exists independently of the subjective judgement of the insured person and needs to be objectively confirmed by a medical evaluation. In contrast, in the law of the social health insurance, the Federal Court of Social Justice defines disease as irregular physical or mental condition, deviating from the perception of a healthy human being that requires medical treatment or leads to inability to work. Substantial bodily disfigurement may be regarded as an irregular physical condition. In the law of the statutory accident insurance, occupational skin diseases are defined under clause 5101 of the occupational disease regulation as serious or repeatedly relapsing skin diseases that have forced a person to refrain from any work activities causal for the development, the aggravation or the recurrence of the disease. The Federal Court of Social Justice interprets the term "skin disease" from the protective purpose of the law, i.e. the protection against the economic and health consequences of the exposure to harmful agents and a thereby forced change of profession. This broad interpretation of the term "skin disease" leads to the recognition of diseases of the conjunctiva of the eye or diseases of the blood vessels of the skin due to cold damage as skin diseases according to clause 5101. For the correct treatment and possibly notification of occupational skin diseases in collaboration with various insurance carriers

  8. Legal and ethical aspects of organ donation and transplantation

    PubMed Central

    Shroff, Sunil

    2009-01-01

    The legislation called the Transplantation of Human Organ Act (THO) was passed in India in 1994 to streamline organ donation and transplantation activities. Broadly, the act accepted brain death as a form of death and made the sale of organs a punishable offence. With the acceptance of brain death, it became possible to not only undertake kidney transplantations but also start other solid organ transplants like liver, heart, lungs, and pancreas. Despite the THO legislation, organ commerce and kidney scandals are regularly reported in the Indian media. In most instances, the implementation of the law has been flawed and more often than once its provisions have been abused. Parallel to the living related and unrelated donation program, the deceased donation program has slowly evolved in a few states. In approximately one-third of all liver transplants, the organs have come from the deceased donor program as have all the hearts and pancreas transplants. In these states, a few hospitals along with committed NGOs have kept the momentum of the deceased donor program. The MOHAN Foundation (NGO based in Tamil Nadu and Andhra Pradesh) has facilitated 400 of the 1,300 deceased organ transplants performed in the country over the last 14 years. To overcome organ shortage, developed countries are re-looking at the ethics of unrelated programs and there seems to be a move towards making this an acceptable legal alternative. The supply of deceased donors in these countries has peaked and there has been no further increase over the last few years. India is currently having a deceased donation rate of 0.05 to 0.08 per million population. We need to find a solution on how we can utilize the potentially large pool of trauma-related brain deaths for organ donation. This year in the state of Tamil Nadu, the Government has passed seven special orders. These orders are expected to streamline the activity of deceased donors and help increase their numbers. Recently, on July 30, 2008, the

  9. Legal and ethical aspects of organ donation and transplantation.

    PubMed

    Shroff, Sunil

    2009-07-01

    The legislation called the Transplantation of Human Organ Act (THO) was passed in India in 1994 to streamline organ donation and transplantation activities. Broadly, the act accepted brain death as a form of death and made the sale of organs a punishable offence. With the acceptance of brain death, it became possible to not only undertake kidney transplantations but also start other solid organ transplants like liver, heart, lungs, and pancreas. Despite the THO legislation, organ commerce and kidney scandals are regularly reported in the Indian media. In most instances, the implementation of the law has been flawed and more often than once its provisions have been abused. Parallel to the living related and unrelated donation program, the deceased donation program has slowly evolved in a few states. In approximately one-third of all liver transplants, the organs have come from the deceased donor program as have all the hearts and pancreas transplants. In these states, a few hospitals along with committed NGOs have kept the momentum of the deceased donor program. The MOHAN Foundation (NGO based in Tamil Nadu and Andhra Pradesh) has facilitated 400 of the 1,300 deceased organ transplants performed in the country over the last 14 years. To overcome organ shortage, developed countries are re-looking at the ethics of unrelated programs and there seems to be a move towards making this an acceptable legal alternative. The supply of deceased donors in these countries has peaked and there has been no further increase over the last few years. India is currently having a deceased donation rate of 0.05 to 0.08 per million population. We need to find a solution on how we can utilize the potentially large pool of trauma-related brain deaths for organ donation. This year in the state of Tamil Nadu, the Government has passed seven special orders. These orders are expected to streamline the activity of deceased donors and help increase their numbers. Recently, on July 30, 2008, the

  10. Ethical, legal and social aspects of the approach in Sudan

    PubMed Central

    El Sayed, Badria B; Malcolm, Colin A; Babiker, Ahmed; Malik, Elfatih M; El Tayeb, Mohammed AH; Saeed, Nageeb S; Nugud, Abdel Hameed D; Knols, Bart GJ

    2009-01-01

    The global malaria situation, especially in Africa, and the problems frequently encountered in chemical control of vectors such as insecticide resistance, emphasize the urgency of research, development and implementation of new vector control technologies that are applicable at regional and local levels. The successful application of the sterile insect technique (SIT) for the control of the New World screwworm Cochliomyia hominivorax and several species of fruit flies has given impetus to the use of this method for suppression or elimination of malaria vectors in some areas of Africa including Northern State of Sudan. The research and development phase of the Northern State feasibility study has been started. Sudanese stakeholders are working side-by-side with the International Atomic Energy Agency in the activities of this important phase. Several ethical, legal and social issues associated with this approach arose during this phase of the project. They need to be seriously considered and handled with care. In this paper, these issues are described, and the current and proposed activities to overcome potential hurdles to ensure success of the project are listed. PMID:19917073

  11. 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)

  12. The Interdisciplinary Course in the Legal Aspects of Noise Pollution at Columbia University.

    ERIC Educational Resources Information Center

    Harris, Cyril M.; Rosenthal, Albert J.

    1981-01-01

    A course in the legal aspects of noise pollution, cross-listed for students in Columbia University's Law and Engineering Schools, is described. Although noise is used as the major source of environmental pollution in this course, the principles and methodology discussed apply to other forms of environmental law. (MLW)

  13. Doctoral Studies in Romania: Admission Procedures, Social, and Legal Aspects of Doctoral Training

    ERIC Educational Resources Information Center

    Miclea, Mircea

    2008-01-01

    This contribution presents a concise and up-to-date report of doctoral studies in Romania, with a special emphasis on legal and social aspects. The author also argues that in order to be sustainable, the reform of doctoral studies should be substantiated by the differentiation of universities, reliable post-doctoral programmes, and a substantive…

  14. The Legal Aspects of Protective Services for Abused and Neglected Children. A Manual.

    ERIC Educational Resources Information Center

    Caulfield, Barbara A.

    Child abuse and neglect is a problem of concern to local communities, state legislatures, state agencies and the federal government. In providing protective services, welfare departments encounter legal aspects concerning law enforcement officials, attorneys and the judicial system. This manual can provide practical guidance to those who are…

  15. Legal aspects of national implementation of the chemical weapons convention confidential provisions

    SciTech Connect

    Tanzman, E.A.; Kellman, B.

    1995-05-09

    Today, I shall discuss legal aspects of implementing the Chemical Weapons Convention`s (CORK) confidentiality provisions. These implementing measures are universal, applying not only to the few States Parties that will declare and destroy chemical weapons, but also to the many States Parties that have never had a chemical weapons program. Progress is reported in actually developing implementing measures for the cork`s confidentiality requirements from Australia, Germany, Norway, South Africa, and Sweden.

  16. Psychosocial and legal aspects of oncological treatment in patients with cognitive impairment

    PubMed Central

    Kuśnierkiewicz, Maria; Kędziora, Justyna; Jaroszyk-Pawlukiewicz, Joanna; Nowak-Jaroszyk, Monika

    2013-01-01

    With society getting older and affected by many diseases, more and more people suffer from severe cognitive disorders. As practice shows, the legal situations of such people is often problematic. This is due to a number of factors, such as short time since the deterioration of patient's condition, initial symptoms ignored, social prejudice towards the idea of incapacitation or taking decisions for a patient, complicated procedures and, sometimes, insufficient knowledge of legal regulations. Cognitive disorders also occur in patients treated for cancer. To be effective, oncological treatment needs to be started as early as possible. This, however, does not meet the criteria of sudden threat to life. The present article relates to both the psychosocial and legal aspects of care of people suffering from intense disorders of memory, attention, problem solving, executive functions, and other. Surely, physicians know how to handle patients with the above dysfunctions. However, legal procedures aimed to protect patients’ rights are often unclear and time consuming. In practice, this often amounts to a dilemma whether to treat or follow the applicable law. Certainly, solutions in this regard should be clearer and better adapted to the needs arising from specific treatment needs of particular groups of patients. PMID:24936334

  17. [Legal aspects and the treatment procedure of gender dysphoria in Hungary].

    PubMed

    Kórász, Krisztián

    2015-07-26

    The legal process of gender transition in Hungary had previously been more developed as in most European countries, as the law enabled transsexual people to change their name and gender before or without a medical treatment, which was unique at the time. Over the years, however, lots of European countries developed legal frameworks and accepted international standards of care for the treatment of gender dysphoria that Hungary did not follow. Currently in Hungary there is no consistent legal framework of gender transition, there is no official regulation or guidelines regarding gender transition process, no institution with the obligation to accommodate the process, and there is no nominated specialist in the state health care system whose remit included dealing with transsexual patients. The information on gender transition options both to the professionals and to the patients is limited and incoherent. This paper reviews the legal aspects and clinical management process of gender dysphoria in Hungary. Some issues regarding the Hungarian practice and possible solutions based on examples from the United Kingdom are addressed within the paper. PMID:26186145

  18. Legal and regulatory aspects of prescribing and marketing emergency contraception in Nigeria.

    PubMed

    Adekunle, A O; Babarinsa, I A; Akinyemi, Z; Okediran, A Y

    2001-01-01

    Emergency contraception remains so little used or understood and the lack of its awareness can be traced to a myriad of factors including legal and regulatory obstacles. The aim of this study was to determine the legal and regulatory aspects of dispensing or marketing a contraceptive method for reasons (especially emergency purposes) other than stated by the manufacturers. The existing drugs' and devices' regulatory systems in Nigeria, especially those governing family planning methods, were reviewed. A questionnaire was administered to 363 health workers, comprising of physicians, pharmacists, nurses and midwives, to determine the implications of dispensing some currently available oral contraceptives (OCs) for emergency purposes despite the fact that there is no explicit description of emergency use in the labelling of such drugs. In addition, in-depth interviews were conducted with regulatory bodies. It was observed that, with the exception of Postinor, the drug manufacturers' leaflets did not indicate that they could be used for emergency contraceptive purposes. Although 64.5% of the healthcare providers were aware that OCs and intrauterine contraceptive devices (IUCDs) can be used for emergency purposes, 42.1% actually prescribed or recommended them. Many health workers (62.3%) were unaware of any legal implication with regards to prescribing unregistered drugs in Nigeria. The existing guidelines stipulate that a manufacturer or marketer should 're-register' a product if a new indication or use not contained in the initial application was found later. To satisfy legal requirements, it does appear that the currently available OCs and IUCDs in Nigeria must be labelled and registered for emergency contraceptive purposes. PMID:14510172

  19. Legal aspects of public health: difficulties in controlling vector-borne and zoonotic diseases in Brazil.

    PubMed

    Mendes, Marcílio S; de Moraes, Josué

    2014-11-01

    In recent years, vector-borne and zoonotic diseases have become a major challenge for public health. Dengue fever and leptospirosis are the most important communicable diseases in Brazil based on their prevalence and the healthy life years lost from disability. The primary strategy for preventing human exposure to these diseases is effective insect and rodent control in and around the home. However, health authorities have difficulties in controlling vector-borne and zoonotic diseases because residents often refuse access to their homes. This study discusses aspects related to the activities performed by Brazilian health authorities to combat vector-borne and zoonotic diseases, particularly difficulties in relation to the legal aspect, which often impede the quick and effective actions of these professionals. How might it be possible to reconcile the need to preserve public health and the rule on the inviolability of the home, especially in the case of abandoned properties or illegal residents and the refusal of residents to allow the health authority access? Do residents have the right to hinder the performance of health workers even in the face of a significant and visible focus of disease transmission? This paper argues that a comprehensive legal plan aimed at the control of invasive vector-borne and zoonotic diseases including synanthropic animals of public health importance should be considered. In addition, this paper aims to bridge the gap between lawyers and public health professionals and to facilitate communication between them. PMID:25051187

  20. [Legal aspects of workers' health protection against asbestos in Poland in the light of the EU legal framework].

    PubMed

    Swiatkowska, Beata

    2013-01-01

    Legal protection of human life and health against asbestos dust-related hazards is carried out in various dimensions of the European Union law mainly focused on health protection of employees and responsibilities of employers, as well as on environmental protection. The aim of this paper is to present the Community legal issues emphasizing the protection of workers against asbestos and discuss the current state of Polish law in this regard. An analysis of recent legal solutions provides a comprehensive look at the extensive steps currently taken to reduce the risk of exposure to asbestos dust. The legislation in the European Union, including Poland indicates sound foundations for assuring health and safety of workers still exposed to asbestos and those formerly employed in asbestos processing plants. It is only postulated to unify high standards of healthcare to provide all workers employed in asbestos exposure with equal and particular legal protection. PMID:24502132

  1. Social and legal aspects of marriage in women with mental illness in India

    PubMed Central

    Sharma, Indira; Tripathi, C. B.; Pathak, Abhishek

    2015-01-01

    The institution of marriage in Hindus is regulated by the prevailing social norms and the Hindu Marriage Act (HMA), 1955. Married women with mental illness are heavily discriminated. This paper examines the social and legal aspects of Hindu marriage in women with mental illness. The HMA, 1955 lays down the conditions for a Hindu marriage and also provides matrimonial reliefs: Nullity of marriage, restitution of conjugal rights, judicial separation and divorce. The application of the provisions of HMA in the setting mental illness is difficult and challenging. There is a wide gap between the legislative provisions of HMA, and societal value systems and attitudes towards marriage in Indian society. Societal norms are powerful and often override the legal provisions. The disparities are most glaring in the setting of mental illness in women. This is a reflection of social stigma for mental illness and patriarchal attitude towards women. Concerted efforts are needed to bridge the gap between the legislative provisions of HMA and societal value systems and attitudes toward marriage. Awareness programs regarding the nature and types of mental illness, advances in treatment and information about good outcome of severe mental illness will be helpful. Improvement in moral and religious values will overcome to some extent the negative attitudes and patriarchal mind set toward married women with mental illness. PMID:26330650

  2. Social and legal aspects of marriage in women with mental illness in India.

    PubMed

    Sharma, Indira; Tripathi, C B; Pathak, Abhishek

    2015-07-01

    The institution of marriage in Hindus is regulated by the prevailing social norms and the Hindu Marriage Act (HMA), 1955. Married women with mental illness are heavily discriminated. This paper examines the social and legal aspects of Hindu marriage in women with mental illness. The HMA, 1955 lays down the conditions for a Hindu marriage and also provides matrimonial reliefs: Nullity of marriage, restitution of conjugal rights, judicial separation and divorce. The application of the provisions of HMA in the setting mental illness is difficult and challenging. There is a wide gap between the legislative provisions of HMA, and societal value systems and attitudes towards marriage in Indian society. Societal norms are powerful and often override the legal provisions. The disparities are most glaring in the setting of mental illness in women. This is a reflection of social stigma for mental illness and patriarchal attitude towards women. Concerted efforts are needed to bridge the gap between the legislative provisions of HMA and societal value systems and attitudes toward marriage. Awareness programs regarding the nature and types of mental illness, advances in treatment and information about good outcome of severe mental illness will be helpful. Improvement in moral and religious values will overcome to some extent the negative attitudes and patriarchal mind set toward married women with mental illness. PMID:26330650

  3. [Transsexuality: law and health-related aspects in the Spanish legal system].

    PubMed

    Atienza Macías, Elena; Armaza Armaza, Emilio José

    2014-12-01

    The social weight of transsexual groups has been and continues to be crucial in many aspects regarding transsexuality, from the progressive elimination of discrimination to influence in the legislative branch. This paper especially discusses a classic demand of these groups, comprehensive medical treatment of transsexual people within the National Health System. Thus, progress in the development of an adequate healthcare system for these groups, their treatment in the legal systems of Spain in general and of some of its autonomous communities with more noteworthy laws (especially in Andalusia, an autonomous community that has been pioneering in this regard, as well as the Basque Country and Navarre) and remaining challenges will be observed in this work. The article will also take particular note of the substantial developments that the publication of the Fifth Edition of the Diagnostic and Statistical Manual of Mental Disorders has established in this area. PMID:25522105

  4. Legal and ethical aspects of organ donation after euthanasia in Belgium and the Netherlands.

    PubMed

    Bollen, Jan; Ten Hoopen, Rankie; Ysebaert, Dirk; van Mook, Walther; van Heurn, Ernst

    2016-08-01

    Organ donation after euthanasia has been performed more than 40 times in Belgium and the Netherlands together. Preliminary results of procedures that have been performed until now demonstrate that this leads to good medical results in the recipient of the organs. Several legal aspects could be changed to further facilitate the combination of organ donation and euthanasia. On the ethical side, several controversies remain, giving rise to an ongoing, but necessary and useful debate. Further experiences will clarify whether both procedures should be strictly separated and whether the dead donor rule should be strictly applied. Opinions still differ on whether the patient's physician should address the possibility of organ donation after euthanasia, which laws should be adapted and which preparatory acts should be performed. These and other procedural issues potentially conflict with the patient's request for organ donation or the circumstances in which euthanasia (without subsequent organ donation) traditionally occurs. PMID:27012736

  5. Accidents at work in the health care - legal aspects in Poland.

    PubMed

    Szereda, Kamil; Szymańska, Jolanta

    2016-01-01

    An accident at work is a sudden event caused by external circumstances that occurred in relation to work. Referring to the current legislation, the Supreme Court judgments and the opinions contained in publications, the authors discuss the legal aspects of selected accidents: needle stick injuries, cuts with other sharp tools, heart attacks and strokes among health professionals and social workers in Poland. It has been stressed that defining rigid criteria that allow for stating unequivocal work - accidents relationships would be difficult or even impossible. Especially in the case of medical personnel the long-term and negative impact of stress on health is significant, and thus the occurrence of work accidents - heart attack or stroke. PMID:26891442

  6. Danger points, complications and medico-legal aspects in endoscopic sinus surgery

    PubMed Central

    Hosemann, W.; Draf, C.

    2013-01-01

    Endoscopic endonasal sinus surgery represents the overall accepted type of surgical treatment for chronic rhinosinusitis. Notwithstanding raised and still evolving quality standards, surgeons performing routine endoscopic interventions are faced with minor complications in 5% and major complications in 0.5–1%. A comprehensive review on all minor and major complications of endoscopic surgery of the paranasal sinuses and also on the anterior skull base is presented listing the actual scientific literature. The pathogenesis, signs and symptoms of each complication are reviewed and therapeutic regimens are discussed in detail relating to actual publication references. Potential medico-legal aspects are explicated and recent algorithms of avoidance are mentioned taking into account options in surgical training and education. PMID:24403974

  7. Female genital mutilations: genito-urinary complications and ethical-legal aspects.

    PubMed

    Vella, Marco; Argo, Antonina; Costanzo, Angela; Tarantino, Lucia; Milone, Livio; Pavone, Carlo

    2015-01-01

    Many women in the world are still undergoing female genital mutilations (FGMs) even if in almost all the countries, the practice of FGM is illegal. The increase of immigration, particularly from African Countries, to Europe, and Italy too, led to consider this phenomenon with particular attention and skill. All the operators in health services need to know the different types of FGMs and the related complications and the psychological and sexual sequels. Urological complications, in particular, are not rare and the changing anatomy of the external genital apparatus can also make the catheter insertion sometimes difficult. This review analyzes the epidemiology of FGMs, the reasons why the practice is still made, the complications, the ethical, and the principal legal aspects of this practise that must be hopefully early banned. PMID:25744709

  8. Medico-legal aspects of dental treatment of the ageing and aged patient.

    PubMed

    Story, R D

    2015-03-01

    The medico-legal aspects of the dental management of ageing and aged patients relate mainly to the assessment of the patient's competence and the role of substitute decision makers. Dentists will assess whether or not a patient is competent to give informed consent to treatment. Lawyers use the word 'capacity' when deciding whether a person can make an important decision about their life. Competence and capacity mean the same thing. Assessment of competence and the role of substitute decision makers rests firmly on a sound understanding of the ethical basis of dental practice. This article will discuss the ethical basis of dental practice; the assessment of competence and the gaining of informed consent; the role of substitute decision makers and the nature of the decisions that are made at the end of life. PMID:25762043

  9. Legal Aspects of Child Care as an Employee Benefit. Revised Edition.

    ERIC Educational Resources Information Center

    Murray, Kathleen A.

    This document reviews the legal propriety of offering child care to employees and addresses the post-1981 federal income tax consequences of a child care benefit. One issue at hand involves the legal mandate to promote equal opportunity in employment. However, not all employees have the need for child care, and legal questions have been raised…

  10. Legal aspects of national implementation of the Chemical Weapons Convention transfer provisions

    SciTech Connect

    1995-05-01

    The author discusses legal aspects of implementing the Chemical Weapons Convention`s (CWC`s) export and import provisions. These implementing measures are universal, applying not only to the few States Parties that will declare and destroy chemical weapons, but also to the many States Parties that have never had a chemical weapons program. This new need for national measures to implement multilateral arms control agreements has generated unease due to a perception that implementation may be burdensome and at odds with national law. In 1993, concerns arose that the complexity of integrating the treaty with national law would cause each nation to effectuate the Convention without regard to what other nations were doing, thereby engendering significant disparities in implementation steps among States Parties. As a result, the author and his colleagues prepared the Manual for National Implementation of the Chemical Weapons Convention. The Manual tries to increase understanding of the Convention by identifying its obligations and suggesting methods of meeting them. Here the author discusses progress among several States in actually developing implementing measures for the Convention`s transfer requirements. CWC legislation from australia, Germany, Norway, South Africa, and Sweden were available at this writing in English through the Provisional Technical Secretariat. Of course, it is important to note that this brief survey necessarily omitted examination of the existing background of other, related domestic laws that these signatories might also have adopted that affect CWC implementation.

  11. Nuclear safety, legal aspects and policy recommendations for space nuclear power and propulsion systems

    NASA Astrophysics Data System (ADS)

    Lenard, Roger X.

    2006-07-01

    This paper represents a chapter of the International Astronautical Academy's Cosmic Study on safety, legal and policy aspects of advanced (specifically nuclear) power and propulsions systems; it is divided into several sections. The first section covers a series of findings and develops a set of recommendations for operations of space reactor systems in a safe, environmentally compliant fashion. The second section develops a generic set of hazard scenarios that might be experienced by a space nuclear system with emphasis on different methods under which such a system could be engaged, such as surface power, in-space nuclear electric or nuclear thermal propulsion. The third section develops these into test and analysis efforts that would likely be conducted. Risk areas with engineering judgment set toward frequency and consequences. The fourth section identifies what probable technology limits might be experienced by nuclear propulsion systems and the exploration limitations these technology restrictions might impose. Where the IAA recommends a change, the IAA leadership should be prepared to work with national and international bodies to implement the desired modifications.

  12. PSY/JD: An Advisory System for Legal Aspects of Decision Making in the Psychiatric Emergency Room

    PubMed Central

    Millis, David H.

    1990-01-01

    The application of legal knowledge to clinical decision making receives little attention in the traditional medical-school curriculum. Physicians-in-training often feel unprepared to handle clinical situations that involve contact with the judicial system. PSY/JD is a prototype rule-based expert system for advising psychiatrists on the legal aspects of emergency-room admissions, discharges, and referrals. The difficulties encountered in designing a rule-based representation for knowledge at the interface between law and psychiatry present opportunities for exploring case-based representations and other techniques which may facilitate the incorporation of commonsense knowledge into computer-based reasoning systems.

  13. Legal Aspects of Employee Assessment and Selection in Public Schools. 1985 Monograph Series.

    ERIC Educational Resources Information Center

    Beckham, Joseph C.

    Legally sound assessment and selection processes in public schools must relate criteria to job requirements and must adopt procedures that are clearly articulated and uniformly applied to all candidates for a position. Legal challenges to school districts related to employment decisions can be grouped as allegations of (1) discriminatory practice,…

  14. [Legal and sanitary aspects conditioning access to medicines in Brazilian courts].

    PubMed

    Pandolfo, Mércia; Delduque, Maria Célia; Amaral, Rita Goreti

    2012-01-01

    The search for having access to health care and medicines right granted through Judicial Courts has increased in Brazil. What has been nominated "health judicialization" is a multidimensional phenomenon, a need for dealing with it in a multidisciplinary way involving legal-judicial, political-institutional and sanitary approaches has raised. The Health is recognized as a fundamental human right in the Brazilian Constitution giving it a different legal protection under the legal-constitutional order and the country guarantees the right to health are not only the Constitution and the law strictly, but mainly in an normative infralegal arc that define the goals and outcomes to be achieved by public policy. The lawsuits by drugs may be a reflection of the difficulty of access to health services, to empty and downgrading of health care. Therefore, this turns out to affect the judicialization of pharmaceutical care in Brazil. PMID:23250376

  15. Legal and Educational Aspects of Student Dismissals: A View from the Law School.

    ERIC Educational Resources Information Center

    Lerblance, Penn

    1979-01-01

    Legal and educational responsibility of law schools in dismissing students for academic or disciplinary reasons is discussed. Need for and rights to due process are examined, and constitutional law is referred to. Available from William S. Hein and Co., 1285 Main St., Buffalo, NY 14209. (MSE)

  16. Forensic aspects of everyday practice: legal issues that every practitioner must know.

    PubMed

    Vernick, Andrew E

    2002-10-01

    In their education and training, mental health care professionals are taught the intricacies and nuances of providing medical care to individuals with any and all psychological or psychiatric problems. This training, however, as comprehensive as it is from a medical perspective, does not and cannot prepare psychiatrists for the complex legal world that effectively has changed the manner and method in which mental health care is provided. As a result of the invasive meddling of the legal process into the mental health field, every patient is potentially a plaintiff in a lawsuit or a complainant in a licensure matter. The practitioner must navigate around the legal roadblocks without the benefit of a law degree. The questions as to who can provide consent, the adequacy of consent, the release of information, and the other issues set forth in this article only scratch the surface of the pervasive intertwining of the law with the mental health field. As most psychiatrists say in their parting advice to a patient, "call me if you have any problems," in this age of complex and potentially harmful interfacing between the psychiatric profession and the law, the psychiatrist must follow his or her own advice. When faced with an uncertainty as to the adequacy of consent, the release of information, or any legal issue, a psychiatrist must place a call to his or her insurer, health care attorney, or medical board to obtain guidance and direction. When there is a letter, a call, a subpoena, or almost anything other than a Christmas card from an attorney, the psychiatrist also should place a call to his or her insurer or health care attorney to ensure that he or she does not find himself or herself in Dr. Peters' position. Being accused before a licensure board or in a courtroom of failing to adequately obtain consent, failing to release information, or, conversely, releasing too much information is not a recommended mental health activity. Being in Dr. Peters' position and

  17. Legal and organizational aspects of remote cardiac monitoring: the example of implantable cardioverter defibrillators.

    PubMed

    Vinck, Imgard; De Laet, Chris; Stroobandt, Serge; Van Brabandt, Hans

    2012-09-01

    The remote monitoring of implantable cardioverter defibrillators (ICDs) recently emerged as an attractive technological innovation that proved to be reasonably safe in partially replacing the in-clinic follow-ups of ICD patients with no or only mild symptoms. Apart from the fact that strong evidence about any additional clinical benefits and/or cost-efficiency are still awaited, legal and organizational hurdles remain in place, hampering any possibility for adoption of remote cardiac monitoring. This paper identifies a number of legal and organizational constraints which urgently need to be addressed. An elaboration of the specific juridical guidance for the interpretation and application of the relevant legislation is called for. PMID:22345377

  18. Legal aspects of administrating antipsychotic medications to jail and prison inmates.

    PubMed

    Dlugacz, Henry; Wimmer, Christopher

    2013-01-01

    The administration of antipsychotic medications to jail and prison inmates involves two related components: conducting the informed consent process in a coercive environment and, where consent is not obtained, forcible administration of medication if needed. In the United States, both involve common law, statutory, and constitutional principles. Obtaining informed consent in correctional institutions is complicated. Patients in correctional institutions lack access to alternate sources of information, and depend on the correctional system completely - a system which they may distrust. This may influence the patient's view of the administering physician. Where consent cannot be obtained, forcible administration may be legally permissible for two primary reasons: to restore a criminal defendant to competency in order to stand trial and to ameliorate severe symptoms of mental disability, particularly when they threaten the safety of self, others, or in some instances, property. The interests at stake for the individual and the government, and the legal standards developed to balance these interests, differ between the two situations. When considering challenges to forcible medication of inmates serving a prison sentence, the United States Supreme Court has treated the interest of the institution in maintaining security as paramount. By contrast, when considering challenges to forcible medication of pretrial detainees, the Court's concern for the fair trial rights guaranteed by the Sixth Amendment has seemingly led it to moderate its emphasis on security. However, this distinction is not stable and may in fact be breaking down, as the recent case of Jared Loughner demonstrates. This article discusses the various federal, state, and international legal standards applicable to both informed consent and forcible medication, and their implementation in the correctional setting, focusing on issues related to the United States. PMID:23683884

  19. Ethical and legal aspects of stem cell practices in Turkey: where are we?

    PubMed

    Ozturk Turkmen, H; Arda, B

    2008-12-01

    Advances in medical technology and information have facilitated clinical practices that favourably affect the success rates of treatment for diseases. Regenerative medicine has been the focus of the recent medical agenda, to the extent of fundamentally changing treatment paradigms. Stem cell practices, their efficacy, and associated ethical concerns have been debated intensively in many countries. Stem cell research is carried out along with the treatment of patients. Thus, various groups affected by the practices inevitably participate in the discussions. In addition to discussions based on avoiding any harm, providing benefits and respecting personal autonomy and justice, problems arise owing to the lack of legal regulations for stem cell research and practice. The dimensions of the problems vary in the developing countries, with widespread use of advanced medical technology but with lack of sources allocated for healthcare, dominance of paternalistic physician-patient relationships and failure to achieve a sufficient level of awareness of patients' rights. This article discusses the current situation of stem cell practices within the context of regenerative medicine in Turkey and ethical concerns about some of the legal regulations, such as the Regulation for Umblical Cord Blood Banking and Guidelines for Non-embryonic Stem Cell Study for Non-clinical Purposes directing the research on this issue. PMID:19043103

  20. The legal aspects of conditional release in the criminal and civil court system.

    PubMed

    Weinstein, Naomi M

    2014-09-01

    This article considers the legal implications of conditional release in both the civil and criminal parts of the law. In the criminal context, conditional release takes the form of probation and parole. It also involves persons who are found to be incompetent to stand trial or not guilty by reason of insanity. In the civil context, conditional release exists for persons with mental illness and sex offenders who face mandatory outpatient treatment. The public policy behind conditional release is to allow certain persons the least restrictive alternative with proper oversight that will prevent the person from recidivating or being re-hospitalized. Conditional release is also used as a cost-saving mechanism in response to the overwhelming costs of incarceration and hospitalization. This article explores the issues of professional liability, third party liability, and individual rights in relation to conditional release. This article also addresses public policy concerns with conditional release and examines conditional release from a therapeutic jurisprudence perspective. PMID:25328072

  1. Scientific and legal aspects of the Red Data Book of Soils

    NASA Astrophysics Data System (ADS)

    Kliment'ev, A. I.; Kuksanov, V. F.; Kuksanova, E. V.

    2014-04-01

    The ecological concept lying in the basis of the Red Data Book of Soils is outlined. This book serves as a scientific and legal framework for the protection of the soil cover and soil diversity. A network of specially protected soil areas in Orenburg oblast is planned with the aim to protect soil taxa included in the book. It is argued that the legislative basis of the special protection of soils and other components of the biosphere should be developed with due account for the status of the Red Data Book of Soils. The concept of the Red Data Book of Soils of Orenburg Oblast is in line with the ideas formulated in the Red Data Book of Russian Soils.

  2. [Hunger striking in prisons: ethics and the ethical and legal aspects].

    PubMed

    García-Guerrero, J

    2013-01-01

    Hunger strike is a common form of protest in prisons and is a potential cause of many types of problems, both for the prison administration and the doctors who care for prisoners who participate in one. Issues of conflict of rights and obligations involved, and how to treat people who are subject to the Administration, which in this case takes the position of guarantor, have created major controversies over doctrine. Conscientious objection and the conflict of dual loyalty of doctors working in prisons are also issues closely linked to a prison hunger strike. In this paper we review the solution given to the problem of treatment of a prison hunger strike from three perspectives: ethics, ethical and legal. PMID:23529363

  3. Ethical and Legal Aspects of Conducting Clinical Trials in Alcohol Withdrawal Syndrome

    PubMed Central

    R, Harsha

    2014-01-01

    Alcohol Withdrawal Syndrome (AWS) is a condition where the patients will be mentally unstable initially and where later, with therapy, they gradually return to normalcy. As AWS comprises two stages; a mentally unstable state and a normal state of mind, the ethical and legal issues behind recruitment of these subjects become a little ambiguous in a clinical trial. This study was taken up to clarify the uncertainty regarding the biphasic states of minds (i.e. unstable mind and sound mind) of the subjects who were involved in a clinical trial done on AWS. Law and ethics regarding the clinical trials which involve psychiatric subjects need to be strengthened and amended from time to time, in order to protect the interests of both patients and physicians. PMID:24995195

  4. The applicability of the Florida mandatory endorsement for sinkhole collapse coverage. Part I. Legal aspects

    NASA Astrophysics Data System (ADS)

    Salomone, William G.

    1986-03-01

    Florida statute §627 706 was enacted to provide sinkhole collapse coverage The legislative intent of the Statute was to protect the property owner from the unexpected damage to structures and personal property arising from the occurrence of sinkholes However, since the Statute was enacted, litigation involving considerable expense to the insurance companies and property owners has occurred because of various interpretations of the Statute The technical and legal interpretations do not appear always to be the same. This article discusses some of the interpretations accepted by the court, and it addresses the role of the engineer, geologist, and hydrologist in the technical interpretations of the Statute. In an attempt to reduce litigation and associated court costs, recommendations are made to resolve some of the vagueness and ambiguities in the Statute and still maintain the Statute's flexibility and intent to protect public welfare

  5. Medico-legal aspects of traumatic injury of the vertebrobasilar artery.

    PubMed

    Hiraiwa, Kouichi; Sato, Taku; Sasaki, Tatsuya; Mizusawa, Ikubumi; Nata, Masayuki; Kodama, Namio

    2005-11-01

    Based on our experiences with medico-legal autopsies, we analyzed traumatic injury of the vertebrobasilar artery (VBA) in traffic accident victims. VBA rupture occurred in six cases with traumatic medullary lesions, but in none with cervical cord injury. A relatively small external force applied to the head or neck can induce isolated traumatic subarachnoid hemorrhage (SAH), which accounts for approximately 11% of fatal head injuries. We examined the relationship between site of impact and site of vascular injury in 16 cases of isolated traumatic SAH. The results showed that the vertebral artery (VA) on the side of impact tended to be longitudinally injured in victims experiencing an external force equivalent to that of a fist punch to the head or face. There was no clear relationship between the site of impact and the site of vascular injury in victims who had sustained an external force greater than that of a fist punch. However, our results suggest that an external force causing rotation of the head was likely to cause tearing of the artery. In cases in which an external force equivalent to that of a fist punch was applied to the head, a raised blood alcohol level was a significant risk factor for artery rupture. Furthermore, a difference in the diameters of the left and right VAs was a risk factor for artery rupture. To determine why the VA, the most frequent site of arterial dissection, is also frequently the site of injury, we histologically examined normal and dissected VBAs. We also discuss medico-legal issues of the causal relationship between external force applied and rupture or dissection of the VA. PMID:16308512

  6. Incorporating Knowledge of Legal and Ethical Aspects into Computing Curricula of South African Universities

    ERIC Educational Resources Information Center

    Wayman, Ian; Kyobe, Michael

    2012-01-01

    As students in computing disciplines are introduced to modern information technologies, numerous unethical practices also escalate. With the increase in stringent legislations on use of IT, users of technology could easily be held liable for violation of this legislation. There is however lack of understanding of social aspects of computing, and…

  7. The Legal Aspects of Educational Planning and Administration. Fundamentals of Educational Planning.

    ERIC Educational Resources Information Center

    Durand-Prinborgne, Claude

    The purpose of this monograph, which is aimed at educational planners, is to explain the essential aspects of the relationship between planning and law. It is intended to illustrate the role of law in the planning and administration of school systems and thus familiarize education specialists with the tools needed to understand legal…

  8. Experimental liver fibrosis research: update on animal models, legal issues and translational aspects.

    PubMed

    Liedtke, Christian; Luedde, Tom; Sauerbruch, Tilman; Scholten, David; Streetz, Konrad; Tacke, Frank; Tolba, René; Trautwein, Christian; Trebicka, Jonel; Weiskirchen, Ralf

    2013-01-01

    Liver fibrosis is defined as excessive extracellular matrix deposition and is based on complex interactions between matrix-producing hepatic stellate cells and an abundance of liver-resident and infiltrating cells. Investigation of these processes requires in vitro and in vivo experimental work in animals. However, the use of animals in translational research will be increasingly challenged, at least in countries of the European Union, because of the adoption of new animal welfare rules in 2013. These rules will create an urgent need for optimized standard operating procedures regarding animal experimentation and improved international communication in the liver fibrosis community. This review gives an update on current animal models, techniques and underlying pathomechanisms with the aim of fostering a critical discussion of the limitations and potential of up-to-date animal experimentation. We discuss potential complications in experimental liver fibrosis and provide examples of how the findings of studies in which these models are used can be translated to human disease and therapy. In this review, we want to motivate the international community to design more standardized animal models which might help to address the legally requested replacement, refinement and reduction of animals in fibrosis research. PMID:24274743

  9. Children sold for transplants: medical and legal aspects. Amnesty International--Danish Working Group for Children.

    PubMed

    Fasting, U; Christensen, J; Glending, S

    1998-11-01

    Over the last few decades there has been a substantially higher percentage of successful organ transplants but also a significant imbalance between the demand for and the supply of organs, creating the basis for a highly profitable black market trade in human organs. Sometimes there are reports that children have been kidnapped, only to reappear later lacking one kidney, or that they simply disappear and are subsequently killed to have all their transplantable organs removed for profit. The European Union feels that there is a need for action and that it has a duty to act in this field, especially for ethical reasons. There is now established close co-operation between the various European transplant organizations. The legal protection of children with regard to organ transplantation is not specifically mentioned in the existing conventions because this issue was not foreseen at the time of their preparation. However, the issue is covered in a broader sense by more general provisions. There are endless rumours surrounding this area. Members of various organizations who travel in the suspected countries say that the trafficking in children who are sold for transplantation is well known, but it is too difficult and very dangerous to catch the people involved. We have to conclude that it has been impossible to prove or disprove the rumours, but they are consistent and we all, especially in the health care professions, have an obligation to be keenly aware of how and where organs are obtained. PMID:9856069

  10. Changes in Legal Aspects of Public Education about Drugs and Their Importance.

    PubMed

    Miyamoto, Noriko

    2016-01-01

    Requirements for education on proper use of drugs were included in the junior high school educational guideline in 2012 incorporating pharmaceutical education in the obligatory school curriculum. This move is closely related to the country's new OTC drug marketing system. The amendment of the Pharmaceutical Affairs Law (PAL) in 2013 highlighted the public's own role in "promoting proper use of drugs and other related products and making greater efforts to acquire knowledge and improve understanding of their effective and safe use". Furthermore, the Law to Amend the PAL and Pharmacists Law enforced in 2014 allowed all OTC drugs to be sold online under appropriate rules. Deregulation of online sale of OTC drugs is expected further to promote self-medication for minor illnesses and require stricter measures to ensure people's safety through their proper use. These legal amendments in recent years have made people's education about proper use of drugs one of the top priorities Japan should pursue at state level. Since 2000, the author has been offering education on drugs to early primary school children as part of their healthcare education program. In the future, dedicated education on drugs will be necessary for people of all ages including not only school children but also their guardians and elderly citizens as well. PMID:27374964

  11. Consumers on the Internet: ethical and legal aspects of commercialization of personalized nutrition.

    PubMed

    Ahlgren, Jennie; Nordgren, Anders; Perrudin, Maud; Ronteltap, Amber; Savigny, Jean; van Trijp, Hans; Nordström, Karin; Görman, Ulf

    2013-07-01

    Consumers often have a positive attitude to the option of receiving personalized nutrition advice based upon genetic testing, since the prospect of enhancing or maintaining one's health can be perceived as empowering. Current direct-to-consumer services over the Internet, however, suffer from a questionable level of truthfulness and consumer protection, in addition to an imbalance between far-reaching promises and contrasting disclaimers. Psychological and behavioral studies indicate that consumer acceptance of a new technology is primarily explained by the end user's rational and emotional interpretation as well as moral beliefs. Results from such studies indicate that personalized nutrition must create true value for the consumer. Also, the freedom to choose is crucial for consumer acceptance. From an ethical point of view, consumer protection is crucial, and caution must be exercised when putting nutrigenomic-based tests and advice services on the market. Current Internet offerings appear to reveal a need to further guaranty legal certainty by ensuring privacy, consumer protection and safety. Personalized nutrition services are on the borderline between nutrition and medicine. Current regulation of this area is incomplete and undergoing development. This situation entails the necessity for carefully assessing and developing existing rules that safeguard fundamental rights and data protection while taking into account the sensitivity of data, the risks posed by each step in their processing, and sufficient guarantees for consumers against potential misuse. PMID:23471853

  12. Legal aspects of sinkhole development and flooding in karst terranes: 1. Review and synthesis

    NASA Astrophysics Data System (ADS)

    Quinlan, James F.

    1986-03-01

    Structures built within the area of influence of a sinkhole can be affected by collapse, subsidence, or flooding. Unanticipated property losses may be involved, and litigation commonly ensues. Insurance compensation for damages that result from sinkhole collapse or subsidence in a karst terrane are covered by statute only in Florida and by voluntary agreement of companies operating in Tennessee Liability or insurance compensation for damages resulting from sinkhole flooding is not specifically covered by any state or federal statute. Regulations of the National Flood Insurance Program have been interpreted to allow coverage by this program for homes affected by sinkhole flooding in Bowling Green, Kentucky In the present article, case law, legal concepts of groundwater and surface water, liability, and law review articles relevant to sinkhole litigation are summarized The rationales of plaintiffs and defendants are reviewed Liability for damages have been based on allegations of negligence, breach of various water law doctrines, trespass, nuisance, loss of support, breach of contract, and implied warranty of habitability Defenses against these allegations have been based on the merits of each of them and on caveat emptor Several alternative rationales for claiming liability for losses incurred because of sinkhole development or flooding are proposed and discussed. The little-known Henderson v Wade Sand and Gravel is highly recommended as an alternative leading case that clearly and justifiably gives protection to adjacent landowners, and ties liability for damages caused by groundwater pumpage to nuisance law and related interference with property rights. Several little-known litigated cases of sinkhole development in response to groundwater pumpage will be summarized in a second article at a later date. Concepts of liability are evolving It can be expected that the professional geologist or engineer will have an increasing number of claims made against him or her

  13. Current legal framework and practical aspects of oxygen therapy during air travel.

    PubMed

    Cascante-Rodrigo, Jose Antonio; Iridoy-Zulet, Amaia Atenea; Alfonso-Imízcoz, María

    2015-01-01

    It is unusual for pulmonologists to be familiar with the European and US regulations governing the administration of oxygen during air travel and each airline's policy in this respect. This lack of knowledge is in large part due to the scarcity of articles addressing this matter in specialized journals and the noticeably limited information provided by airlines on their websites. In this article we examine the regulations, the policies of some airlines and practical aspects that must be taken into account, so that the questions of a patient who may need to use oxygen during a flight may be answered satisfactorily. PMID:25062830

  14. [Ethical and legal aspects of animal experiments on non-human primates].

    PubMed

    Luy, J

    2007-03-01

    Animal experiments on non-human primates give cause for ethical concerns for three reasons (1) the inclusion of "ethical animal protection" in the German Constitution (Article 20a of the "Grundgesetz" GG, 2002) has led to real consequences for the application process with respect to the use of primates for fundamental research; (2) the legal requirements in Europe to ensure animal welfare are currently being tightened and (3) the global problem of the protection of species, especially with respect to the capturing and subsequent sale of primates is still unsolved. As a result of the way humans interpret the term justice (the principle of equality) it was to be expected that great apes, being the animals that most closely resemble humans, would play a key role in the establishment of animal protection laws. In 1997,Great Britain and Ireland made it illegal to conduct experiments on great apes. In 1999, New Zealand went even further and created a kind of basic rights for great apes. In 2003,The Netherlands forbade animal experiments using great apes as did Sweden, which also included gibbons in this ban (which is in line with current taxonomy, which considers gibbons to belong to the family Hominidae). In 2006 Austria forbade experiments carried out on chimpanzees, bonobos, gorillas, orang-utans, and gibbons. Only recently, a state commission on ethics in Switzerland demanded that the Swiss government do the same. And the summer of 2006 saw a debate in Spain on the inclusion of the protection of great apes in the primary goals of the state. Due to the principle of equality, a further extension (both geographically and systemically) of the exclusion of great apes from animal experiments is to be expected. Since Article 20a GG on "ethical animal protection" came into effect on August 1,2002, the regulatory authorities in Germany have the right to independently check and control animal experiments as to their ethical tenability (Administrative Court Giessen, confirmed

  15. Integration of legal aspects and human rights approach in palliative care delivery-the Nyeri Hospice model.

    PubMed

    Musyoki, David; Gichohi, Sarafina; Ritho, Johnson; Ali, Zipporah; Kinyanjui, Asaph; Muinga, Esther

    2016-01-01

    Palliative care is patient and family-centred care that optimises quality of life by anticipating, preventing, and treating suffering. Open Society Foundation public health program (2011) notes that people facing life-threatening illnesses are deeply vulnerable: often in severe physical pain, worried about death, incapacitation, or the fate of their loved ones. Legal issues can increase stress for patients and families and make coping harder, impacting on the quality of care. In the absence of a clear legal provision expressly recognising palliative care in Kenya, providers may face numerous legal and ethical dilemmas that affect the availability, accessibility, and delivery of palliative care services and commodities. In order to ensure positive outcomes from patients, their families, and providers, palliative care services should be prioritised by all and includes advocating for the integration of legal support into those services. Palliative care service providers should be able to identify the various needs of patients and their families including specific issues requiring legal advice and interventions. Access to legal services remains a big challenge in Kenya, with limited availability of specialised legal services for health-related legal issues. An increased awareness of the benefits of legal services in palliative care will drive demand for easily accessible and more affordable direct legal services to address legal issues for a more holistic approach to quality palliative care. PMID:27563351

  16. Integration of legal aspects and human rights approach in palliative care delivery—the Nyeri Hospice model

    PubMed Central

    Musyoki, David; Gichohi, Sarafina; Ritho, Johnson; Ali, Zipporah; Kinyanjui, Asaph; Muinga, Esther

    2016-01-01

    Palliative care is patient and family-centred care that optimises quality of life by anticipating, preventing, and treating suffering. Open Society Foundation public health program (2011) notes that people facing life-threatening illnesses are deeply vulnerable: often in severe physical pain, worried about death, incapacitation, or the fate of their loved ones. Legal issues can increase stress for patients and families and make coping harder, impacting on the quality of care. In the absence of a clear legal provision expressly recognising palliative care in Kenya, providers may face numerous legal and ethical dilemmas that affect the availability, accessibility, and delivery of palliative care services and commodities. In order to ensure positive outcomes from patients, their families, and providers, palliative care services should be prioritised by all and includes advocating for the integration of legal support into those services. Palliative care service providers should be able to identify the various needs of patients and their families including specific issues requiring legal advice and interventions. Access to legal services remains a big challenge in Kenya, with limited availability of specialised legal services for health-related legal issues. An increased awareness of the benefits of legal services in palliative care will drive demand for easily accessible and more affordable direct legal services to address legal issues for a more holistic approach to quality palliative care. PMID:27563351

  17. The medico-legal aspects of road traffic deaths in children under 5 years of age.

    PubMed

    Terranova, Claudio

    2015-11-01

    The family tragedy that results from a child who dies in a road traffic accident may be exacerbated by judicial consequences for the adult/parent driving the vehicle, carrying the child, or responsible for properly immobilising the child in the safety device that was used. The author presents two court cases of the road traffic accident deaths of two children under the age of five years. The two cases are presented using a methodological approach, which integrates competencies in other fields into the medico-legal aspects. An analysis of the two cases provides the opportunity to discuss the driver's responsibility to properly use child safety seat and to analyse and evaluate the efficacy and limits of child restraint systems. In the two cases, the responsibility for the application of a child safety device was excluded. It was confirmed that child protective devices are not always sufficient to avoid lesions or death in road accidents that occur with significant speed or other specific dynamics. PMID:26462201

  18. LEGAL AND INSTITUTIONAL ASPECTS OF INTERSTATE POWER PLANT DEVELOPMENT IN THE OHIO RIVER BASIN ENERGY STUDY REGION

    EPA Science Inventory

    The report was prepared in support of the Ohio River Basin Energy Study (ORBES), a multidisciplinary policy research program. It discusses both the present legal and institutional setting of power plant siting and development and possible legal and institutional means to solve pr...

  19. Legal aspects of national implementation of the Chemical Weapons Convention national authority provisions. Workshop I: The National Authority

    SciTech Connect

    Tanzman, E.A.; Kellman, B.

    1995-05-09

    This seminar is an excellent opportunity for all attendees to learn from each other about how the Chemical Weapons Convention (CWC) can become a foundation of arms control in Africa and around the world. The author discusses legal aspects of implementing the CWC`s national authority provisions. These implementing measures are universal, applying not only to the few States Parties that will declare and destroy chemical weapons, but also to the many States Parties that have never had a chemical weapons programme. This new need for national measures to implement multilateral arms control agreements has generated unease due to a perception that implementation may be burdensome and at odds with national law. In 1993, concerns arose that the complexity of integrating the treaty with national law would cause each nation to effectuate the Convention without regard to what other nations were doing, thereby engendering significant disparities in implementation steps among States Parties. As a result, the author prepared the Manual for National Implementation of the Chemical Weapons Convention late last year and presented it to each national delegation at the December 1993 meeting of the Preparatory Commission in The Hague. Here the author discusses progress among several States in actually developing implementing measures for the Convention`s national authority requirements. CWC legislation from Australia, Germany, Norway, South Africa, and Sweden were available at this writing in English through the PTS. Of course, it is important to note that this brief survey necessarily omitted examination of the existing {open_quotes}background{close_quotes} of other, related domestic laws that these signatories might also have adopted that affect CWC implementation. The author hopes that his brief review will give delegations a flavor of the choices that exist for national implementation of the CWC.

  20. The Social, Political, Economic, and Legal Aspects of Affirmative Action Admission Litigation from 2002-2007 for Five Universities

    ERIC Educational Resources Information Center

    De Mars, Douglas V.

    2010-01-01

    Litigation against colleges and universities has prompted the need to re-examine the legalities of the means by which they strive for a diverse student population. Court decisions have resulted in mixed signals about the use of various types of affirmative action policies. This study' method presented an analysis of archival data to provide a…

  1. Legal Aspects of Oral History Collections. A Report to the Oral History Committee of the Medical Library Association.

    ERIC Educational Resources Information Center

    Wright, A. J.

    Legal implications of oral history research and collection can be divided into four broad areas of concern, including copyright, restriction of access, libel, and contracts. This document presents highlights from various authorities in each of these areas. Peterson notes that interviewers and interviewees hold the copyright to their own words; a…

  2. ["Is there a doctor on board?" - legal aspects of medical care in emergency situations during spare time].

    PubMed

    Lindner, Christina; Lindner, Gregor; Exadaktylos, Aristomenis K

    2013-12-11

    Medical emergencies on international flights are not uncommon. In these situations the question often arises whether physicians are obliged to render first aid and whether omission leads to legal consequences. The general obligation to aid those in need applies to everyone, not only to physicians. Evading this duty makes liable to prosecution for omittance of defence of a third person in line with Art. 128 of the Swiss Penal Code, punishable by custodial sentence up to three years or an equivalent punitive fine. Vocational and professional law extend the duty to aid for physicians to urgent cases. Although resulting from the performance of a legal obligation, malpractice occurred in the course of first aid can lead to claims for compensation - even from foreign patients, and that according to their own domestic law. PMID:24326050

  3. 25 CFR 87.10 - Per capita payment aspects of plans and protection of funds accruing to minors, legal...

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... accruing thereto, shall be paid to their heirs and legatees upon their determination as provided in 43 CFR... 25 Indians 1 2013-04-01 2013-04-01 false Per capita payment aspects of plans and protection of... JUDGMENT FUNDS § 87.10 Per capita payment aspects of plans and protection of funds accruing to...

  4. 25 CFR 87.10 - Per capita payment aspects of plans and protection of funds accruing to minors, legal...

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... accruing thereto, shall be paid to their heirs and legatees upon their determination as provided in 43 CFR... 25 Indians 1 2012-04-01 2011-04-01 true Per capita payment aspects of plans and protection of... JUDGMENT FUNDS § 87.10 Per capita payment aspects of plans and protection of funds accruing to...

  5. 25 CFR 87.10 - Per capita payment aspects of plans and protection of funds accruing to minors, legal...

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... accruing thereto, shall be paid to their heirs and legatees upon their determination as provided in 43 CFR... 25 Indians 1 2011-04-01 2011-04-01 false Per capita payment aspects of plans and protection of... JUDGMENT FUNDS § 87.10 Per capita payment aspects of plans and protection of funds accruing to...

  6. 25 CFR 87.10 - Per capita payment aspects of plans and protection of funds accruing to minors, legal...

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... accruing thereto, shall be paid to their heirs and legatees upon their determination as provided in 43 CFR... 25 Indians 1 2010-04-01 2010-04-01 false Per capita payment aspects of plans and protection of... JUDGMENT FUNDS § 87.10 Per capita payment aspects of plans and protection of funds accruing to...

  7. Legal aspects of genetic databases for international biomedical research: the example of the International Cancer Genome Consortium (ICGC).

    PubMed

    Romeo-Casabona, Carlos; Nicolás, Pilar; Knoppers, Bartha Maria; Joly, Yann; Wallace, Susan E; Chalmers, Don; Dyke, Stephanie; Kennedy, Karen; Troncoso, Antonio; Kaan, Terry; Rial-Sebbag, Emmanuelle

    2012-01-01

    There is a noticeable lack of international regulation on personal data exchange and management in research. This article sheds light in this area by describing how the International Cancer Genome Consortium is developing policies and procedures to address the ethical and legal issues raised by the international transfer of data and results. These policies and procedures aim, first and most importantly, to safeguard the interests of the research participants and other involved stakeholders and, secondly, to facilitate the sharing of data and results to realize greater benefits from this kind of internationally collaborative genetic research. PMID:23520913

  8. The legal aspects of the termination of unwanted pregnancies and the risks faced by the medical doctor: a UK perspective.

    PubMed

    Gibson, C

    2003-03-01

    Historical perspective of terminations of unwanted pregnancies in the UK. Moral and ethical considerations imposed by established church's teachings becoming increasingly in conflict with the wishes and expectations of a more secular society. Recognition that illegal abortion was, as a matter of fact available, at great risk to vulnerable girls and women. Eventually public demand and a radical and reforming government led to the current Statutory Framework. Statutory provisions: Offences against the Person Act 1861, Sections 58 and 59; Infant Life Preservation Act 1929 Section 1. Recognition of the limited flexibility allowed by the law in the original restrictive statutory framework. The direction to the jury in July 1938 by Macnaghten J in the case of R. v. Bourne [1939] 1 KB 687, where an eminent obstetrician was acquitted after carrying out an abortion on a young rape victim. Then the modern statutory provisions: Abortion Act 1967, amended by the Human Fertilisation and Embryology Act 1990. The statutory framework provides for healthcare professionals not to have to take part in terminations if they have a conscientious objection to doing so. While there are still fierce challenges from moral pressure groups when any changes in the detail of the law are proposed--such as reducing the maximum gestation period for a lawful termination--as a whole society seems to have accepted the current law. Issues affecting doctors who consider and provide terminations; current medico-legal problems relating to wanted pregnancies that have been lost by reason of clinical negligence, and unwanted children that have been born by reason of clinical negligence. PMID:14556349

  9. [Medicolegal aspects of witnessed suicide due to gunshot to the head. II. Legal medicine aspects and examination of the firing hand].

    PubMed

    Padosch, Stephan A; Schmidt, Peter H; Schyma, Christian; Hirsch, Rolf D; Kröner, Lars U; Dettmeyer, Reinhard B; Madea, Burkhard

    2004-01-01

    The second part of the paper on suicides by gunshots to the head in the presence of witnesses focuses on relevant morphological autopsy findings such as entrance site, signs of close range or contact shots, bullet path etc. and also discusses selected aspects of ascertaining gunshot residues. For the identification of the shooter an integral medicolegal assessment of all the facts including the investigation results and the autopsy findings is essential. However, the morphological findings alone do not allow safe diagnosis, as for example in a homicide the temporal region, which was affected in all our cases, may have been deliberately chosen by the perpetrator as a localization typical of suicide. Thus methods to ascertain gunshot residues on the firing hand (by means of adhesive films and the polyvinyl-alcohol collection method--PVAL) are of great practical importance. In seven cases adhesive films and/or the polyvinyl-alcohol collection method were used. In one case the gunshot residues (GSR) were analysed by means of tape lifts and subsequent scanning electron microscopy (SEM). It was found that especially the combined application of topographical (adhesive tape/PVAL) and cumulative (SEM) methods allowed for the doubtless identification of the shooter, thus usually confirming the suicide. By the example of one case it is demonstrated that without the immediate collection of evidence at the scene objective reconstruction of the event becomes impossible. On the basis of the reported cases recommendations are finally given for a differentiated approach in the medicolegal evaluation of alleged witnessed suicide by gunshot (to the head). PMID:15666971

  10. 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,…

  11. Legal aspects of physician recruitment.

    PubMed

    Roediger, Joan M

    2005-01-01

    It's no secret that recruiting a new physician to your practice is a difficult task. Depending on your medical specialty, it may take two years and possibly longer to recruit the right person. This article addresses some of the key steps you can take now to overcome obstacles in the recruiting process. PMID:16095079

  12. Legal Aspects of Home Instruction.

    ERIC Educational Resources Information Center

    Carrere, Thomas A.

    The nationwide phenomenon of home instruction is meeting resistance from state compulsory school attendance laws, resulting in many court cases in recent years. Parents who choose to teach their children at home may do so on moral or religious grounds, or because they consider public schools too conservative or traditional. State compulsory…

  13. Legal Aspects of Employment Testing.

    ERIC Educational Resources Information Center

    Shulman, Bernard H.

    Chapter 10 of a book on school law reviews court rulings on the use of tests and testing procedures for employment purposes. Title VII of the Civil Rights Act of 1964 contains a section authorizing the use of any professionally developed ability test, provided that it is not designed, intended, or used to discriminate. The courts have held…

  14. Linguistic Aspects of Legal Language.

    ERIC Educational Resources Information Center

    Crandall, JoAnn; Charrow, Veda R.

    Efforts to simplify language used in consumer documents come from the consumer movement and a public disillusioned with big business and government. Even before President Carter's 1978 executive order mandating simplification in government regulations, some agencies were revising regulations for clarity. However, these efforts were based on too…

  15. The Legal Aspects of Readability.

    ERIC Educational Resources Information Center

    Fry, Edward

    A number of reading specialists are finding themselves testifying in court or writing expert opinions for court cases in such diverse areas as civil rights, criminal law, contracts, warranties, and due process. The validity of readability formulas was tested in the case of David v. Heckler. Another case involved a group of Florida prisoners who…

  16. 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

    contribute to protecting hospitals and practitioners who act in good faith from liability. Finally, to address anticipated staffing shortages during severe and prolonged disasters and pandemics, governments should develop approaches to formally expand the availability of qualified health-care workers, such as through using official foreign medical teams. CONCLUSIONS As a fundamental element of health-care and public health emergency planning and preparedness, the law underlies critical aspects of disaster and pandemic responses. Effective responses require comprehensive advance planning efforts that include assessments of complex legal issues and authorities. Recent disasters have shown that although law is a critical response tool, it can also be used to hold health-care stakeholders who fail to appropriately plan for or respond to disasters and pandemics accountable for resulting patient or staff harm. Claims of liability from harms allegedly suffered during disasters and pandemics cannot be avoided altogether. However, appropriate planning and legal protections can help facilitate sound, consistent decision-making and support response participation among health-care entities and practitioners. PMID:25144203

  17. Liability and Safety in Physical Education and Sport: A Practitioner's Guide to the Legal Aspects of Teaching and Coaching in Elementary and Secondary Schools.

    ERIC Educational Resources Information Center

    Hart, James E.; Ritson, Robert J.

    This second edition contains updated information and new case studies, offering guidance for safer programs and management of risk while reinforcing sound educational practices. The book features overviews of legal concepts and presents examples of situations from the trenches. Case studies illustrate a variety of teacher, coach, and administrator…

  18. Financial Exigency and Dismissal of Higher Education Faculty: Be Prepared. An Investigation Carried Out as Part of a Study of the Legal Aspects of Higher Education.

    ERIC Educational Resources Information Center

    Green, Rod E.

    The way that college faculty and institutions are affected by financial exigency is examined through a study of case law. Selected cases demonstrate the legal principles involved when faculty are dismissed and seek relief in the courts. Cases concerning private colleges relate to tenured faculty, because nontenured faculty in private have legal…

  19. 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)

  20. Addressing legal and political barriers to global pharmaceutical access: options for remedying the impact of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the imposition of TRIPS-plus standards.

    PubMed

    Cohen-Kohler, Jillian Clare; Forman, Lisa; Lipkus, Nathaniel

    2008-07-01

    Despite myriad programs aimed at increasing access to essential medicines in the developing world, the global drug gap persists. This paper focuses on the major legal and political constraints preventing implementation of coordinated global policy solutions - particularly, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and bilateral and regional free trade agreements. We argue that several policy and research routes should be taken to mitigate the restrictive impact of TRIPS and TRIPS-plus rules, including greater use of TRIPS flexibilities, advancement of human rights, and an ethical framework for essential medicines distribution, and a broader campaign that debates the legitimacy of TRIPS and TRIPS-plus standards themselves. PMID:18634618

  1. [Selected legal aspects of the protection of the unborn child in the light of the draft amendment to the Polish Penal Code].

    PubMed

    Urbaniak, Moniak; Spaczyński, Robert Z

    2015-10-01

    Criminal Law Codification Commission, acting at the Ministry of Justice prepared proposals for amendments in the Polish Penal Code, related to offenses against life and health that were presented to the public in 2013. The draft provides for the protection of the child in the prenatal stage, introducing a new category of the entity to be protected, which is "unborn child" and "unborn child able to live outside the mother's body". These regulations provide for mothers criminal liability and responsibility of the medical staff (a doctor), as well as the child's father to the extent in which he is obliged to take steps aimed at rescuing the fetus. It is doctor's responsibility to show particular care for human health and life since a doctor has special medical knowledge and that is regulated by art. 30 of the act on professions of doctor and dentist. The proposed rule changes were not brought before the legislature in the current term of the Sejm (2011-2015), but due to the development of medicine, including obstetrical ultrasound, which enables visualization of a child that moves in the womb and is treated as a separate entity with distinct personal features the grounds are given for the opinion that the issue of the legal status of the unborn child, particularly in the context of causing death of a child in the last phase before birth as a result of medical malpractice or other external factors will be back in the public discussion. PMID:26677590

  2. 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)

  3. 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

  4. 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

  5. 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…

  6. 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.

  7. [Assisted suicide - medical, legal, and ethical aspects].

    PubMed

    Bosshard, G

    2012-02-01

    Unlike in most European countries, assisted suicide is not illegal in Switzerland. The number of assisted suicides procured by right-to-die organisations such as Exit or Dignitas has sharply increased in the last twenty years. Central part of the doctor's involvement is the prescription of a lethal dose of sodium pentobarbital. In doing so, the doctor has to apply to the rules of medical due care. A proper examination of the patient is required, who must be informed about his diagnosis, about the expected prognosis, and about different treatment options. Verification of the patient's decisional capacity is crucial. In general, a staff member of the organisation but not the doctor is present during suicide. Following death, the assisted suicide has to be reported to the police as an extraordinary death case. PMID:22294304

  8. Legal Aspects of a School Library Website

    ERIC Educational Resources Information Center

    Johnson, Tom

    2009-01-01

    School library websites enhance and explain the services provided by the library. Most schools have a library website. Jurkowski (2004) reviewed thirty-four school library websites and ranked the most common features: website links, databases, policies, Online Public Access Catalog (OPAC), and websites by subject. These features give patrons a…

  9. Legal Vs. Psychological Aspects of Intrusiveness.

    ERIC Educational Resources Information Center

    Binder, Virginia L.

    Court decisions stressing the rights of mental patients have necessitated a radical revision in the management of behavioral treatment programs. The client's rights to the least intrusive procedures to achieve treatment goals have become important in case law. Factors which identify intrusiveness include: (1) the extent to which the "new mental…

  10. [Legal aspects of medicine and sports doping].

    PubMed

    Misson, L; Botteman, C

    2001-04-01

    Classically, doping is envisaged in terms of the penal or disciplinary consequences it can entail for the sportsman or his (her) sport physician. In our Community, the sportsman who uses doping will in the future not be prosecuted. Another question remains: is a sportsman who was given doping substances by his physician and suffered from this treatment entitled to bring an action against the physician? PMID:11421167

  11. [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

  12. 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

  13. 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

  14. The Legal Foundations of Student Personnel Services in Higher Education.

    ERIC Educational Resources Information Center

    Hammond, Edward H., Ed.; Shaffer, Robert H., Ed.

    Legal aspects of the administration of student services are examined from various viewpoints in the 10 chapters of this monograph. In light of the increasing number of legal cases affecting student development work in higher education, it is suggested that approaches different from those of the traditional student personnel relationship are…

  15. 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…

  16. 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,…

  17. 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…

  18. 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…

  19. 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,…

  20. 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

  1. 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

  2. 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…

  3. 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…

  4. 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…

  5. 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…

  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. [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

  8. 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)

  9. 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

  10. Navigating the Legal and Ethical World of Overseas Contracts.

    ERIC Educational Resources Information Center

    Skinner, Karla Jo

    1998-01-01

    Referring to Iowa contract law, reviews ethical and legal aspects of overseas employment contracts signed by educators at recruitment fairs. Iowa Department of Education guidelines state the following aspects of a good contract: it is in writing; it states the salary, pay periods, benefits, and dates of employment; it lists special conditions and…

  11. [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

  12. 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

  13. 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

  14. 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.…

  15. 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…

  16. 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)

  17. 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…

  18. 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…

  19. 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.

  20. 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,…

  1. 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....

  2. 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....

  3. LEGAL ASPECTS OF METROPOLITAN SOLUTIONS FOR PROBLEMS OF RACIAL ISOLATION.

    ERIC Educational Resources Information Center

    1967

    PUBLIC SCHOOL SYSTEMS IN THE UNITED STATES HAVE BEEN ORGANIZED IN DIFFERENT WAYS, BOTH WITHIN THE STATES AND FROM STATE TO STATE. IN SOME CASES SCHOOL DISTRICT STRUCTURE IS COTERMINOUS WITH LOCAL GOVERNMENTAL UNITS AND IS "DEPENDENT" ON THEM. HOWEVER, 78 PERCENT OF PUBLIC SCHOOL ENROLLMENTS ARE IN "INDEPENDENT" SCHOOL DISTRICTS WHOSE BOUNDARIES…

  4. [Organ allocation issues in transplantation medicine: legal aspects].

    PubMed

    Taupitz, Jochen

    2010-01-01

    In transplantation medicine there is neither fair organ allocation per se, nor a specific organ distribution required by the German law. The constitution primarily provides a restrictive framework, and it is the parliamentary legislator's task to fill in the details. Following the principle of division of labour, the involvement of medicine in solution finding is permitted and deemed to be justified. Nevertheless, these basic decisions should have been made by the German legislator in much more detail. PMID:20870491

  5. Legal and institutional aspects of regulating intermedia pollution

    SciTech Connect

    Entman, R.M.

    1980-05-01

    Intermedia pollution is defined here as the creation of new environmental impacts by controlling existing ones. DOE asked four questions: (1) do the major environmental laws address intermedia pollution; (2) does the Environmental Protection Agency (EPA) have rules, regulations, and procedures through which it considers intermedia questions; (3) do the legislative histories of the laws indicate whether Congress intended for the EPA to consider intermedia issues; and (4) in what ways do the existing laws and regulatory procedures exacerbate intermedia pollution. The answer to the first three questions is yes; much of this report is devoted to amplifying and qualifying that response, the rest to answering the fourth question. The report frames these issues by asking how we can control the adverse environmental i.e., intermedia, impacts of EPA itself. A case study of the intermedia implications of recently issued air-pollution standards for coal-fired power plants illustrates the themes concretely. An analysis of policy alternatives for improving intermedia pollution control concludes the study. The major problems impending good intermedia policy decisions are: conflicts among and failures fully to implement environmental laws; political pressures; tendencies of EPA to minimize the adverse environmental consequences of its own actions; uncertainties caused by the rudimentary scientific understanding of intermedia pollution; and limitations on EPA's organizational ability to handle whatever complex intermedia information it does obtain. The final chapter assesses three policy responses to these problems: do nothing new; issue an incremental prod; and a new law and EPA suffice. Evaluation of these alternatives depends on how deficient current practices are thought to be.

  6. Legal aspects of impairment and disability in pneumoconiosis

    SciTech Connect

    Richman, S.I.; Smith, C.J. Jr. )

    1993-01-01

    This chapter analyzes and explains the meanings, under the federal Black Lung program, of the terms impairment, disability, and pneumoconiosis. To accomplish this objective, this chapter reviews the regulations and administrative and judicial decisions made under the Black Lung Act, and for comparison, it refers to definitions given to, or applications made of, those terms in other jurisdictions and programs. 168 refs.

  7. Psychiatric hospitalization of children in Florida. Legal aspects.

    PubMed

    Mutch, S A; Myers, W C

    1994-07-01

    The hospitalization of children in psychiatric hospitals and their associated rights or lack thereof remains an important issue. Much attention has been focused on children's rights in Florida, most recently with the cases of Gregory K. and Kimberly Mays. On a national level, Hillary Rodham Clinton has drawn attention to children's rights through her advocacy for children. The commitment of children to mental health facilities in Florida deserves examination. This is an important issue, not only to the psychiatrist who tests youths, but also to the family practitioner, internist, or any other referring physician who is involved in the case of the child and the family. It is imperative that the primary care physician as well as the psychiatrist know and understand the limitations and requirements for civil commitment of a child in a psychiatric setting. PMID:7964573

  8. Legal aspects of medical confidentiality in the occupational setting.

    PubMed

    Annas, G J

    1976-08-01

    The law of confidentiality of medical information in the occupational setting is undeveloped and subject to change. Nevertheless, when a physician-patient relationship is established, all of the traditional trappings, including the duty to maintain confidences, go along with it. In other settings, such as preemployment physicals, examinees implicitly consent for their "fitness' for the job to be disclosed, but do not assume that specific findings will be disclosed without their informed and written consent. To promote physician automony and worker confidence in the occupational physician, an explicit policy of confidentiality should be developed and agreed to by both management and workers. This policy should spell out the conditions under which specific information will be made available to the employer and should guarantee the confidentiality of all other medical information. Workers should also be given routine access to their medical files, and offered the chance to refute and have amended information in them that they can demonstrate is inaccurate. In short, workers in the occupational setting should, in general, be treated like private patients. Such a policy will satisfy both the law and the ethical standards of physicians, and will promote worker trust in the occupational physician. PMID:956937

  9. [Deserved punishment? Legal settlement 1945-50. Sociomedical aspects].

    PubMed

    Gogstad, A C; Løvold, T V

    1999-06-30

    Following the German occupation during the Second World War, about 92,000 Norwegian citizens were charged with treason and 18,000 sentenced to imprisonment. The prosecution of offenders turned out to be far more extensive and lead to higher social cost than anticipated at the outset. Norway's pre-war prisons were designed to accommodate about 2,000 inmates. With a wave of arrest amounting to 14,000 within a few weeks, it was necessary to establish temporary jails and prison camps staffed by inexperienced guards seconded from the resistance movement and Norwegian military personnel trained in Sweden during the war. A number of infringements of prisoners' civil rights occurred and are recorded in a report from the Director General of Public Prosecution. Medical supervision was very incomplete and accidental. The main prison camp was one of the few regular medical services. Despite the general partial amnesty of 1948, most of the prisoners released during the first post-war years had great problems assimilating into society. As additional punishment, most lost their jobs and certain citizen's rights for a number of years, others had homes and property confiscated, and many became welfare cases. PMID:10425904

  10. Legal aspects of cases of medical malpractice in Denmark.

    PubMed

    Segest, E

    1993-01-01

    A survey has been carried out of court rulings during the last decade in cases regarding patients' complaints about alleged medical malpractice. The character of the cases is described, both penal code/disciplinary cases and cases regarding compensation. A number of main themes is evaluated: the availability of case records to the patient; the possibility for patients to choose medical advisers; the lessening of the burden on patients to prove that physicians have been negligent; and the relaxation of the burden on patients to prove causality between the injury and the medical treatment given. These main themes are evaluated over time. The investigation should be seen in the light of the fact that Denmark has recently introduced a patient insurance scheme, and the study will be the starting point for a later evaluation of the importance of this scheme, with particular reference to an improvement in patients' rights. PMID:8183069

  11. LEGAL AND ADMINISTRATIVE ASPECTS OF EDUCATING THE MENTALLY RETARDED CHILD.

    ERIC Educational Resources Information Center

    MCGAHAN, F.E.

    IN THE GALENA PARK PROGRAM A HANDICAPPED CHILD IS PLACED IN SPECIAL CLASSES AND A RAPID LEARNING CHILD IS GIVEN CURRICULUM ENRICHMENT. COOPERATION IS REQUIRED AMONG THE PERSONNEL, THE SCHOOL COUNSELOR, THE VISITING TEACHER, THE NURSE, THE SPECIAL EDUCATION TEACHER, THE SCHOOL PSYCHOLOGIST, THE REMEDIAL TEACHER, AND THE ATTENDANCE SUPERVISOR. THE…

  12. Legal Aspects of Propaganda and Incitement via Satellite

    NASA Astrophysics Data System (ADS)

    Achilleas, P.

    2002-01-01

    At the beginning of space broadcasting, the use of satellite for propaganda was feared by most countries. Several studies have shown the potential threat of propaganda via satellite. For these reasons, some delegations tried unsuccessfully to include in the 1967 Outer Space Treaty an article prohibiting space propaganda. Finally, under pressure from the Soviet Union and Brazil, the preamble of the 1967 Treaty refers to the 1947 Resolution 110 (II) of the United Nations General Assembly, which condemns propaganda. International law complements the Outer Space Treaty by expressly condemning certain types of propaganda. International law, through several texts condemns war propaganda aimed at provoking armed conflict as well as subversive propaganda aimed at provoking a Coup d'Etat. With the recent war in Afghanistan, the question of war incitement via satellite was invoked in regard to the channel Al Jazzera which was reproached for encouraging conflict and diffusing the words of Osama Ben Laden calling for holy war against the United States. Here again, international law prohibits war incitement. However, the notion of propaganda and war incitement does not lead to an automatic restriction of information since communication via satellite is also protected by freedom of information. Therefore, in all democratic societies, a balance should be made between freedom of information and protection of public order, national security and international peace. Several examples will be taken in order to illustrate this paper, for example of Al Jazzera accused of war and terrorist incitement, Med TV accused by Turkey of subversive Kurdish propaganda and CNN accused by China of defamatory propaganda.

  13. [Use of local anesthetics in dentistry: medico-legal aspects].

    PubMed

    Martini, P; Fineschi, V

    1990-01-01

    The Authors consider the problem of the clinical use of local anaesthetics in dentistry with a view to establishing possible adverse reactions, of which they provide a schematic analysis and an up to date pathogenetic survey; they thus make their observations on case historics taken from the sector of forensic medicine in Siena, and in conclusion make a jurisprudential digression in the form of a discussion on the responsibility of the practitioner in the strait of anaesthesiology, emphasizing by the same, an ever increasingly harmonizing evolution with regular judicial procedure in common law countries. PMID:2079235

  14. The legal regime for private space tourism activities—An overview

    NASA Astrophysics Data System (ADS)

    Hobe, Stephan

    2010-06-01

    "Space tourism" denotes any commercial activity that offers customers direct or indirect experience with space travel. Various models for space tourism activities exist including the use of an aircraft and/or spacecraft. The paper surveys some of the most important legal aspects relevant to space tourism activities, such as, the delimitation of airspace and outer space, the applicable legal regime and the definition of aircraft and space object, authorization, registration, liability, as well as the legal status of space tourists.

  15. 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

  16. 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.

  17. 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

  18. Seminar: Legal Perspectives of Nursing Practice. Nursing 89.

    ERIC Educational Resources Information Center

    Willis, Odette P.

    This course outline provides information to be used by students in conjunction with Nursing 89, a seminar on the legal aspects of nursing to be offered starting in Spring 1982 at Diablo University (California). General information is provided first, including a class calendar, a statement defining the purpose of the course, an outline of…

  19. 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

  20. 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

  1. 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

  2. Why Do I Have to Go to School? Legal Literacy in the Classroom.

    ERIC Educational Resources Information Center

    Peach, Lucinda J.

    1988-01-01

    Focusing on helping students become literate about law in the public school setting, this article describes a day in the life of a junior high school student and the legal aspects of the situations she encounters. (GEA)

  3. [Electronic medical records: medical and legal aspects, privacy, safety, and legal validity].

    PubMed

    Ravizza, P; Pasini, E

    2001-03-01

    Medical records must collect all data concerning in-hospital management of patients: data have to be verified and easily retrievable. Clinicians are responsible for both format and content of medical records. Respect of patient's privacy must be made sure both during on-line management and long-term storage of records. Computerization can offer many advantages to clinicians, but needs some significant adjustments: training and motivation of operators, arrangement of clinical processes and of administrative rules to technological developments. Nevertheless, some important results can be afforded: standardization of procedures, distribution of univocal, verified and ubiquitous data to all concerned operators, protection against undesired retrieval, reliability of effective reports. Preliminary condition is a clinical local area network, widespread into the institution. Database implementation must follow well accepted methodology: flow chart design of data dictionary, standardization of data coding, input of verified data, effective reporting. Access to data must be controlled by sophisticated and sure password system. Back-up of data must be automatically available with adequate timing and methodology. Respect of rules on patient's privacy must be realized whenever possible. Complex clinical records should be made available, containing data, signals and images (both single frames and dynamic sequences), due to continuous technical progress of diagnostic tools. Medical records must be available for long periods of time: database engine and managing tools must be selected among well accepted and largely available producers; informatic assistance must be assured for management and evolution of systems over the years. PMID:11307785

  4. [Uterine subrogation: medical and legal aspects of the first legally supported case in Argentina].

    PubMed

    Urquiza, M Fernanda; Carretero, Inés; Quaini, Fabiana Marcela; Inciarte, Florencia; Pasqualini, R Agustín; Pasqualini, R Sergio

    2014-01-01

    A woman aged 38 was referred to this center for surrogacy treatment, after subtotal ablation of her uterus due to a severe postpartum hemorrhage. Her hormonal profiles and ovarian structure were normal. The husband proved fertile and semen analysis was normal. The carrier, a woman 39 years old, fertile with two children of her own, and a long bonding friendship with the patient. After hormonal stimulation with gonadotropins and GnRH antagonist, six mature oocytes were obtained. These originated four embryos after in vitro fertilization, three of which were transferred to the carrier, achieving a singleton pregnancy which led to the birth of a normal child, now more than a year old. A lawsuit was filed after birth requesting the baby be registered with the biological parents name. The judge granted the request based on evidence and testimonies provided, international jurisprudence history and specification in Article 19 of the Argentine Constitution: "No inhabitant of the Nation shall be obliged to do what the law does not demand .nor be deprived of what it does not prohibit". This is an almost ideal example of the proceedings in a case of subrogation. However, we must always bear in mind the fact that in our country there is as yet no regulatory framework for these treatments, therefore there is a high probability of conflict. PMID:24918676

  5. The Legal Aspects of Bullying and Harassment of Students with Disabilities: School Leaders' Legal Obligations

    ERIC Educational Resources Information Center

    Eckes, Suzanne; Gibbs, Jesulon

    2012-01-01

    Research demonstrates that students with disabilities are harassed more than their nondisabled peers. Students with disabilities who have been severely harassed have argued that they are not receiving a Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE) as required by Individuals with Disabilities Education Act…

  6. 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…

  7. 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)

  8. 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

  9. 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

  10. 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…

  11. 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...

  12. 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...

  13. 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)

  14. 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…

  15. 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…

  16. 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…

  17. 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…

  18. 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)

  19. 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

  20. 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...

  1. 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...

  2. 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)

  3. 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

  4. 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

  5. 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

  6. 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.

  7. 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

  8. 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

  9. 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

  10. 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 ...

  11. 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)

  12. 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

  13. [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

  14. Father by law: effects of joint legal custody on nonresident fathers' involvement with children.

    PubMed

    Seltzer, J A

    1998-05-01

    Family membership and household composition do not always coincide. Joint legal custody after divorce formalizes the relationship between fathers and children who live apart. Policymakers hope that explicit acknowledgment of nonresident fathers' rights and responsibilities will increase their involvement with their children. I use prospective data from the National Survey of Families and Households to examine the association between joint legal custody and two aspects of nonresident fathers' contributions to their children--the frequency of visits between fathers and children and child-support payments. The analysis examines approximately 160 families in which parents divorced between interviews conducted for Wave 1 (1987-1988) and Wave 2 (1992-1994) of the survey. I investigate the effects of joint legal custody holding constant physical custody or replacement by restricting the analysis to children who live with their mothers most of the year. Controlling for socioeconomic status and the quality of family relationships before separation, fathers with joint legal custody see their children more frequently and have more overnight visits than do other fathers. The positive effect of joint legal custody on frequency of visits persists once unobserved differences among families are taken into account. Although fathers with joint legal custody pay more child support than those without joint legal custody, this difference lacks statistical significance when other family characteristics are taken into account. These findings support the view that joint legal custody may encourage some aspects of paternal involvement after divorce. PMID:9622777

  15. 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...

  16. 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...

  17. 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...

  18. 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...

  19. Embryo Donation in Iranian Legal System: A Critical Review

    PubMed Central

    Behjati-Ardakani, Zohreh; Karoubi, Mohammad Taghi; Milanifar, Alireza; Masrouri, Roudabeh; Akhondi, Mohammad Mehdi

    2015-01-01

    Recent developments and newly-discovered methods for infertility treatment including in vitro fertilization and third party reproduction raise many questions and challenges with different ethical, legal, sociological and psychological dimensions. In Islamic countries, despite great developments in using this technology, the questions concerned with recognition of IVF methods and third party reproduction and legalization of this method are still the challenging ones. The approach of a few Shiite clerics to this issue has facilitated the legalisation of infertility treatment in Iran. The Iranian Parliament, with reference to Shiite clerics' opinions (Fatwa), enacted the Act concerning Embryo Donation to Infertile Couples and its bylaw which can be considered as a successful example of legalization of third party reproduction in an Islamic country. The aforementioned Act permits embryo donation through artificial insemination from legally married couples to infertile couples. However, many of the legal aspects of this event are not specified in this Act and in many cases it added several uncertainties. This uncertainty, especially regarding the rights and duties of recipients and the child, causes important problems which generate more concerns. This article aimed to review the advantages and flaws of the Act. It is believed that the enactment of the aforementioned Act is an important step but an insufficient measure in this field. Important issues have been left unanswered and unclear in this Act which should be considered by legislators in any future revision of it. PMID:26913231

  20. Embryo Donation in Iranian Legal System: A Critical Review.

    PubMed

    Behjati-Ardakani, Zohreh; Karoubi, Mohammad Taghi; Milanifar, Alireza; Masrouri, Roudabeh; Akhondi, Mohammad Mehdi

    2015-01-01

    Recent developments and newly-discovered methods for infertility treatment including in vitro fertilization and third party reproduction raise many questions and challenges with different ethical, legal, sociological and psychological dimensions. In Islamic countries, despite great developments in using this technology, the questions concerned with recognition of IVF methods and third party reproduction and legalization of this method are still the challenging ones. The approach of a few Shiite clerics to this issue has facilitated the legalisation of infertility treatment in Iran. The Iranian Parliament, with reference to Shiite clerics' opinions (Fatwa), enacted the Act concerning Embryo Donation to Infertile Couples and its bylaw which can be considered as a successful example of legalization of third party reproduction in an Islamic country. The aforementioned Act permits embryo donation through artificial insemination from legally married couples to infertile couples. However, many of the legal aspects of this event are not specified in this Act and in many cases it added several uncertainties. This uncertainty, especially regarding the rights and duties of recipients and the child, causes important problems which generate more concerns. This article aimed to review the advantages and flaws of the Act. It is believed that the enactment of the aforementioned Act is an important step but an insufficient measure in this field. Important issues have been left unanswered and unclear in this Act which should be considered by legislators in any future revision of it. PMID:26913231

  1. 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...

  2. Legal Issues of Intellectual Property Rights and Licensing for E-Learning Content in the United Kingdom

    ERIC Educational Resources Information Center

    Mehrpouyan, Azadeh; Razavi, Ghassem Khadem

    2014-01-01

    This article focuses on the legal rules of intellectual property rights (IPR) in networked e-learning. Its purpose is to act as an awareness-raising device about IPR, especially in the public-sector e-learning community in the UK, by describing the relevant aspects of IPR, providing legal guidance on IPR in e-learning, especially on the use of…

  3. 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

  4. Parental care and authority versus the prosperity of the child - reflections on the present legal status in Germany.

    PubMed

    Eisenmenger, W

    2000-09-11

    Two case reports are presented where parental care and authority is in conflict and stands against the prosperity of a child. Problems, practical and legal aspects and current perspectives in Germany are discussed in detail. PMID:10978665

  5. 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

  6. Regulatory aspects

    NASA Astrophysics Data System (ADS)

    Stern, Arthur M.

    1986-07-01

    At this time, there is no US legislation that is specifically aimed at regulating the environmental release of genetically engineered organisms or their modified components, either during the research and development stage or during application. There are some statutes, administered by several federal agencies, whose language is broad enough to allow the extension of intended coverage to include certain aspects of biotechnology. The one possible exception is FIFRA, which has already brought about the registration of several natural microbial pesticides but which also has provision for requiring the registration of “strain improved” microbial pesticides. Nevertheless, there may be gaps in coverage even if all pertinent statutes were to be actively applied to the control of environmental release of genetically modified substances. The decision to regulate biotechnology under TSCA was justified, in part, on the basis of its intended role as a gap-filling piece of environmental legislation. The advantage of regulating biotechnology under TSCA is that this statute, unlike others, is concerned with all media of exposure (air, water, soil, sediment, biota) that may pose health and environmental hazards. Experience may show that extending existing legislation to regulate biotechnology is a poor compromise compared to the promulgation of new legislation specifically designed for this purpose. It appears that many other countries are ultimately going to take the latter course to regulate biotechnology.

  7. Psychosocial aspects of abortion

    PubMed Central

    Illsley, Raymond; Hall, Marion H.

    1976-01-01

    The literature on psychosocial aspects of abortion is confusing. Individual publications must be interpreted in the context of cultural, religious, and legal constraints obtaining in a particular society at a given time, with due attention to the status and availability of alternatives to abortion that might be chosen by a woman with an “unwanted” pregnancy. A review of the literature shows that, where careful pre- and post-abortion assessments are made, the evidence is that psychological benefit commonly results, and serious adverse emotional sequelae are rare. The outcome of refused abortion seems less satisfactory, with regrets and distress frequently occurring. Research on the administration of abortion services suggests that counselling is often of value, that distress is frequently caused by delays in deciding upon and in carrying out abortions, and by unsympathetic attitudes of service providers. The phenomenon of repeated abortion seeking should be seen in the context of the availability and cost of contraception and sterilization. The place of sterilization with abortion requires careful study. A recommendation is made for observational descriptive research on populations of women with potentially unwanted pregnancies in different cultures, with comparisons of management systems and an evaluation of their impact on service users. PMID:1085671

  8. Coping with urban water shortages during drought: the effects of legal and administrative factors. Final report

    SciTech Connect

    Dziegielewski, B.; Ferrell-Dillard, R.; Beck, R.E.

    1992-04-01

    The study describes the results of a survey of 547 local water supply systems serving some 31 million residents of urban areas in the states of Alabama, California, Florida, Oklahoma, Tennessee and Wyoming. While examining the legal and administrative aspects of drought management, the survey also included the assessment of the current status of drought preparedness and long-term drought protection among the responding water supply systems. The rate of legal or administrative problems encountered during drought response was surprisingly low, affecting only twenty percent of all implementing systems. The low incidence of difficulties counters a widespread assumption that the legal environment frequently restrains or constricts drought response efforts.

  9. 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…

  10. 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)