Science.gov

Sample records for legal responsibility

  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. Trustee Liability and Legal Responsibility.

    ERIC Educational Resources Information Center

    Davies, Alton L.

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

  3. Criminal and legal responsibilities in Tourette's syndrome.

    PubMed

    Gullucayir, Sibel; Asirdizer, Mahmut; Yavuz, M Sunay; Zeyfeoglu, Yildiray; Ulucay, Tarik

    2009-01-01

    Tourette's Syndrome (TS) is a neuropsychological disorder characterized by the presence of multiple involuntary motor tics accompanied by one or more vocal tics. Articles about TS and criminal responsibility and the restriction of civil rights are limited. A person with TS was evaluated to consider his criminal responsibility after swearing at a referee during a football game. He was also evaluated as to whether or not he was capable of professionally driving a service bus. Additionally, medico-legal situations regarding military service, obtaining a shotgun license and marriages of patients with TS were considered. PMID:20039524

  4. Legal Consciousness and Responses to Sexual Harassment*

    PubMed Central

    Blackstone, Amy; Uggen, Christopher; McLaughlin, Heather

    2009-01-01

    Studies of legal mobilization often focus on people who have perceived some wrong, but rarely consider the process that selects them into the pool of potential “mobilizers.” Similarly, studies of victimization or targeting rarely go on to consider what people do about the wrong, or why some targets come forward and others remain silent. We here integrate sociolegal, feminist, and criminological theories in a conceptual model that treats experiencing sexual harassment and mobilizing in response to it as interrelated processes. We then link these two processes by modeling them as jointly determined outcomes and examine their connections using interviews with a subset of our survey respondents. Our results suggest that targets of harassment are selected, in part, because they are least likely to tell others about the experience. Strategies that workers employ to cope with and confront harassment are also discussed. We find that traditional formal/informal dichotomies of mobilization responses may not fully account for the range of ways individuals respond to harassment, and we propose a preliminary typology of responses. PMID:20300446

  5. Broadcast Networks and the Outsiders: Legal Responsibility from Two Perspectives.

    ERIC Educational Resources Information Center

    Deming, Caren J.

    This paper examines the legal responsibility of networks to fairly represent outsiders in network employment and programming. The outsiders--women, racial and ethnic minorities, homosexuals, older people, members of minor political parties--have been using legal avenues provided by the Federal Communications Commission (FCC) and the Equal…

  6. [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

  7. Violence against women: the international legal response.

    PubMed

    Chinkin, C

    1995-06-01

    Violence against women has only recently become an international legal concern, because human rights law has been directed to protect men in their public lives. The failure of human rights law to protect women from gender-specific violence has occurred because much of the violence against women occurs in private and because cultural assumptions are used to justify the oppression of women. The silent nature of this violence has masked the reality of the international nature of the problem. Also, international law primarily regulates the behavior of states. Women have lobbied for recognition of the problem of violence against women within the UN agencies concerned with crime and those concerned with women's issues. It is illustrative of the marginalization of women's human rights issues that the international instrument which guarantees women's equality, the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), was not drafted through the Human Rights Commission. CEDAW's Recommendation 19 directs the attention of states towards the elimination of gender-based violence, but the participation of the 139 states which are party to CEDAW is limited by reservations the states have attached to their participation. Wider commitment to the eradication of violence against women has been sought using other UN bodies, and, in 1993, the Declaration and Programme of Action of the World Conference on Human Rights called for the integration of women's human rights into all UN human rights activities, the General Assembly adopted the Declaration on the Elimination of Violence Against Women, and the Security Council of the International Tribunal was established to prosecute offenses committed in the former Yugoslavia, including rape. In 1994, the UN appointed a Special Rapporteur on Violence Against Women to provide a continuing focus on gender violence. These calls for the recognition of the human rights of women and girls must be reinforced by the

  8. Legal Responsibilities of Lifeguards. Avoiding Lawsuits.

    ERIC Educational Resources Information Center

    Osinski, Alison

    1988-01-01

    Aquatic facilities can significantly reduce the probability of being involved in litigation by: having emergency readiness plans; hiring qualified personnel who understand their responsibilities; having appropriate coverage for the facility's size and design; properly designing and maintaining facilities and equipment; keeping accurate records;…

  9. Students' Legal Rights and Responsibilities. American School Law Series.

    ERIC Educational Resources Information Center

    La Morte, Michael W.; And Others

    This book examines the impact of a variety of court cases involving the legal rights and responsibilities of public secondary school students. Each chapter begins with a brief commentary that provides an overview of a broad area of student rights, followed by a number of short sections that focus on significant subtopics. The final section of each…

  10. Am I the hospital's keeper? Trustee legal responsibility as fiduciary.

    PubMed

    Mancino, D M

    1985-10-01

    In the wake of some recent scandals concerning financial improprieties on the part of hospital trustees, increased attention is being focused on the duties and legal liabilities of governing board members. This article examines how trustees can fulfill their responsibilities and, at the same time, minimize exposure to personal liability for actions of co-trustees and hospital employees. PMID:10273997

  11. 45 CFR 400.115 - Establishing legal responsibility.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 45 Public Welfare 2 2010-10-01 2010-10-01 false Establishing legal responsibility. 400.115 Section 400.115 Public Welfare Regulations Relating to Public Welfare OFFICE OF REFUGEE RESETTLEMENT, ADMINISTRATION FOR CHILDREN AND FAMILIES, DEPARTMENT OF HEALTH AND HUMAN SERVICES REFUGEE RESETTLEMENT PROGRAM Child Welfare Services §...

  12. Sexual harassment in the medical profession: legal and ethical responsibilities.

    PubMed

    Mathews, Ben; Bismark, Marie M

    2015-08-17

    Sexual harassment of women in medicine has become a subject of national debate after a senior female surgeon stated that if a woman complained of unwanted advances her career would be jeopardised, and subsequent reports suggest that sexual harassment is a serious problem in the medical profession. Sexual harassment of women in the medical profession by their colleagues presents substantial legal, ethical and cultural questions for the profession. Women have enforceable legal rights to gender equality and freedom from sexual harassment in the workplace. Both individual offenders and employers face significant legal consequences for sexual harassment in every Australian state and territory, and individual medical practitioners and employers need to understand their legal and ethical rights and responsibilities in this context. An individual offender may be personally liable for criminal offences, and for breaching anti-discrimination legislation, duties owed in civil law, professional standards and codes of conduct. An employer may be liable for breaching anti-discrimination legislation, workplace safety laws, duties owed in contract law, and a duty of care owed to the employee. Employers, professional colleges and associations, and regulators should use this national debate as an opportunity to improve gender equality and professional culture in medicine; individuals and employers have clear legal and ethical obligations to minimise sexual harassment to the greatest extent possible. PMID:26268291

  13. The legal responsibilities of the health-care librarian.

    PubMed

    Muir, A; Oppenheim, C

    1995-06-01

    This article discusses the legal responsibilities that information intermediaries have towards the users of their services. The areas of law that affect legal liability are contract law, tort and strict liability. The likelihood of health-care librarians being held liable for the service they provide is assessed, and methods of reducing this risk are discussed. The key issues are: whether the recipient is relying on the information you provide and whether this reliance is reasonable; whether money changed hands; and whether the institution is under a statutory obligation to provide the information. All-embracing exclusion clauses are often used as an attempt to exclude liability, but their validity in law is doubtful, and they should be replaced by more reasonable ones. Adhering to good professional practice, and avoiding interpreting information for laymen are ways of minimizing liability. If court proceedings do take place, professional indemnity insurance can reduce financial loss. PMID:10151528

  14. 22 CFR 72.9 - Responsibility if legal representative is present.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 22 Foreign Relations 1 2011-04-01 2011-04-01 false Responsibility if legal representative is... Nationals § 72.9 Responsibility if legal representative is present. (a) A consular officer should not act as provisional conservator if the consular officer knows that a legal representative is present in the...

  15. 22 CFR 72.9 - Responsibility if legal representative is present.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Responsibility if legal representative is... Nationals § 72.9 Responsibility if legal representative is present. (a) A consular officer should not act as provisional conservator if the consular officer knows that a legal representative is present in the...

  16. Zoophilia and the law: legal responses to a rare paraphilia.

    PubMed

    Holoyda, Brian; Newman, William

    2014-01-01

    Although societies' responses to bestiality have varied internationally, the response in the United States has typically involved condemnation and prosecution. Currently, there are 31 states with statutes prohibiting human-animal sexual contact. Despite the prevalence of antibestiality legislation, there is limited case law in the United States. Most commonly, bestiality arises in legal cases involving sexually violent predator (SVP) civil commitments. Identifying offenders who commit acts of bestiality is important, since these individuals may be at increased risk of committing a variety of other sexually and nonsexually violent acts against humans. Because of the different laws among the states, however, commonly used forensic risk assessment tools for sexual recidivism can yield different scores for individuals charged with or convicted of bestiality offenses. Forensic evaluators should consider this factor when conducting risk assessments. State legislatures should also consider modernizing their bestiality statutes to accord with current terminology and objectives for such laws. PMID:25492066

  17. The migration response to the Legal Arizona Workers Act.

    PubMed

    Ellis, Mark; Wright, Richard; Townley, Matthew; Copeland, Kristy

    2014-08-01

    The 2008 Legal Arizona Workers Act (LAWA) requires all public and private employers to authenticate the legal status of their workers using the federal employment verification system known as E-Verify. With LAWA, Arizona became the first state to have a universal mandate for employment verification. While LAWA targets unauthorized workers, most of whom are Latino immigrants, other groups could experience LAWA's effects, such as those who share households with undocumented workers. In addition, employers may seek to minimize their risk of LAWA penalties by not hiring those who appear to them as more likely to be unauthorized, such as naturalized Latino immigrants and US-born Latinos. Existing research has found a reduction in foreign-born Latino employment and population in response to LAWA. This paper asks a different question: have groups that are most likely to be affected by the law migrated to other states? We find a significant and sustained increase in the internal outmigration rate from Arizona of foreign-born, noncitizen Latinos - the group most likely to include the unauthorized - after the passage of LAWA. There was no significant LAWA internal migration response by foreign-born Latino citizens. US-born Latinos showed some signs of a LAWA-induced internal migration response after the law went into effect, but it is not sustained. The results indicate that local and state immigration policy can alter the settlement geography of the foreign born. This leads us to speculate about how immigrant settlement may adjust in the coming years to the intersecting geographies of post-recession economic opportunity and tiered immigration policies. PMID:25018590

  18. The migration response to the Legal Arizona Workers Act

    PubMed Central

    Ellis, Mark; Wright, Richard; Townley, Matthew; Copeland, Kristy

    2014-01-01

    The 2008 Legal Arizona Workers Act (LAWA) requires all public and private employers to authenticate the legal status of their workers using the federal employment verification system known as E-Verify. With LAWA, Arizona became the first state to have a universal mandate for employment verification. While LAWA targets unauthorized workers, most of whom are Latino immigrants, other groups could experience LAWA’s effects, such as those who share households with undocumented workers. In addition, employers may seek to minimize their risk of LAWA penalties by not hiring those who appear to them as more likely to be unauthorized, such as naturalized Latino immigrants and US-born Latinos. Existing research has found a reduction in foreign-born Latino employment and population in response to LAWA. This paper asks a different question: have groups that are most likely to be affected by the law migrated to other states? We find a significant and sustained increase in the internal outmigration rate from Arizona of foreign-born, noncitizen Latinos - the group most likely to include the unauthorized - after the passage of LAWA. There was no significant LAWA internal migration response by foreign-born Latino citizens. US-born Latinos showed some signs of a LAWA-induced internal migration response after the law went into effect, but it is not sustained. The results indicate that local and state immigration policy can alter the settlement geography of the foreign born. This leads us to speculate about how immigrant settlement may adjust in the coming years to the intersecting geographies of post-recession economic opportunity and tiered immigration policies. PMID:25018590

  19. Ski accidents and legal responsibility: the Spanish case.

    PubMed

    Carus Ribalaygua, Luis

    2010-03-01

    This study classifies and analyzes Spanish court rulings on responsibility for ski accidents(1) occurring within ski resort boundaries, and refers to court cases to propose guidelines aimed at assisting skiers and ski resort managers. Six main trends emerged from the study: (a) Spanish courts resolved lawsuits arising from four clearly identifiable categories of ski accidents. (b) Although lawsuits involving ski accidents were heard in both civil and criminal procedures, civil actions were more extensively brought than criminal ones. (c) The majority of the sentences ending legal proceedings resulted in acquittals, although the cost to defendants in the minority of cases where convictions were made exceeded one million euros in total. (d) No single lawsuit, either civil or criminal, was settled in a Court of First Instance; the vast majority were heard in Provincial Courts and only a small proportion reached the High Court. (e) The defendant was the ski resort operator in the great majority of cases. (f) Court decisions were consistently grounded only on the presence or otherwise of the factors necessary to prove either damages as a result of negligence, according to civil law, or misdemeanor or criminal injuries, in criminal lawsuits. PMID:20159068

  20. Death and best interests: a response to the legal challenge

    PubMed Central

    Baines, Paul

    2010-01-01

    In an earlier paper I argued that we do not have an objective conception of best interests and that this is a particular problem because the courts describe that they use an ‘…objective approach or test. That test is the best interests of the patient’ when choosing for children. I further argued that there was no obvious way in which we could hope to develop an objective notion of best interests. As well as this, I argued that a best-interest-based approach was a particular problem around the time of death of some children. A response from a legal perspective argued that, while there is not a clear conception of objective best interests, the courts have a well-described approach to finding a child's objective best interests. In this paper, I argue that without clear agreement on an objective conception of best interests, the courts are unable to locate an objective sense of best interests and that the solutions do not solve the problems that were identified in the initial paper ‘Death and best interests’. PMID:21666740

  1. 40 CFR 94.407 - Responsibility under other legal provisions preserved.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... notice under any provision of law. ... 40 Protection of Environment 21 2012-07-01 2012-07-01 false Responsibility under other legal...-related Defect Reporting Requirements, Voluntary Emission Recall Program § 94.407 Responsibility...

  2. 40 CFR 91.906 - Responsibility under other legal provisions preserved.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... under any provision of law. ... 40 Protection of Environment 20 2011-07-01 2011-07-01 false Responsibility under other legal... Defect Reporting Requirements, Voluntary Emission Recall Program § 91.906 Responsibility under...

  3. 40 CFR 91.906 - Responsibility under other legal provisions preserved.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... under any provision of law. ... 40 Protection of Environment 20 2014-07-01 2013-07-01 true Responsibility under other legal... Defect Reporting Requirements, Voluntary Emission Recall Program § 91.906 Responsibility under...

  4. 40 CFR 91.906 - Responsibility under other legal provisions preserved.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... under any provision of law. ... 40 Protection of Environment 21 2012-07-01 2012-07-01 false Responsibility under other legal... Defect Reporting Requirements, Voluntary Emission Recall Program § 91.906 Responsibility under...

  5. 40 CFR 94.407 - Responsibility under other legal provisions preserved.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... notice under any provision of law. ... 40 Protection of Environment 20 2011-07-01 2011-07-01 false Responsibility under other legal...-related Defect Reporting Requirements, Voluntary Emission Recall Program § 94.407 Responsibility...

  6. 40 CFR 94.407 - Responsibility under other legal provisions preserved.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... notice under any provision of law. ... 40 Protection of Environment 20 2014-07-01 2013-07-01 true Responsibility under other legal...-related Defect Reporting Requirements, Voluntary Emission Recall Program § 94.407 Responsibility...

  7. 40 CFR 85.1907 - Responsibility under other legal provisions preserved.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... Requirements § 85.1907 Responsibility under other legal provisions preserved. The filing of any report under the provisions of this subpart shall not affect a manufacturer's responsibility to file reports...

  8. 40 CFR 90.806 - Responsibility under other legal provisions preserved.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... § 90.806 Responsibility under other legal provisions preserved. The filing of any report under the provisions of this subpart does not affect a manufacturer's responsibility to file reports or...

  9. 40 CFR 85.1907 - Responsibility under other legal provisions preserved.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... Requirements § 85.1907 Responsibility under other legal provisions preserved. The filing of any report under the provisions of this subpart shall not affect a manufacturer's responsibility to file reports...

  10. 40 CFR 90.806 - Responsibility under other legal provisions preserved.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... § 90.806 Responsibility under other legal provisions preserved. The filing of any report under the provisions of this subpart does not affect a manufacturer's responsibility to file reports or...

  11. 40 CFR 85.1907 - Responsibility under other legal provisions preserved.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... Requirements § 85.1907 Responsibility under other legal provisions preserved. The filing of any report under the provisions of this subpart shall not affect a manufacturer's responsibility to file reports...

  12. 40 CFR 90.806 - Responsibility under other legal provisions preserved.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... § 90.806 Responsibility under other legal provisions preserved. The filing of any report under the provisions of this subpart does not affect a manufacturer's responsibility to file reports or...

  13. 40 CFR 90.806 - Responsibility under other legal provisions preserved.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... § 90.806 Responsibility under other legal provisions preserved. The filing of any report under the provisions of this subpart does not affect a manufacturer's responsibility to file reports or...

  14. 40 CFR 85.1907 - Responsibility under other legal provisions preserved.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... Requirements § 85.1907 Responsibility under other legal provisions preserved. The filing of any report under the provisions of this subpart shall not affect a manufacturer's responsibility to file reports...

  15. 40 CFR 90.806 - Responsibility under other legal provisions preserved.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... § 90.806 Responsibility under other legal provisions preserved. The filing of any report under the provisions of this subpart does not affect a manufacturer's responsibility to file reports or...

  16. 40 CFR 85.1907 - Responsibility under other legal provisions preserved.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... Requirements § 85.1907 Responsibility under other legal provisions preserved. The filing of any report under the provisions of this subpart shall not affect a manufacturer's responsibility to file reports...

  17. 40 CFR 91.906 - Responsibility under other legal provisions preserved.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... under any provision of law. ... 40 Protection of Environment 21 2013-07-01 2013-07-01 false Responsibility under other legal... Defect Reporting Requirements, Voluntary Emission Recall Program § 91.906 Responsibility under...

  18. 40 CFR 94.407 - Responsibility under other legal provisions preserved.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... notice under any provision of law. ... 40 Protection of Environment 21 2013-07-01 2013-07-01 false Responsibility under other legal...-related Defect Reporting Requirements, Voluntary Emission Recall Program § 94.407 Responsibility...

  19. Legal Rights and Responsibilities of Homosexuals in Public Education

    ERIC Educational Resources Information Center

    La Morte, Michael W.

    1975-01-01

    Examines reported decisions that deal with questions of the employment, contract nonrenewal or dismissal, and revocation of teaching certificates of homosexuals in public education. Discusses emerging issues and legal principals dealing with the homosexual-educator. (Author)

  20. 40 CFR 92.407 - Responsibility under other legal provisions preserved.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ..., obtain approval, or give notice under any provision of law. ... 40 Protection of Environment 21 2012-07-01 2012-07-01 false Responsibility under other legal... under other legal provisions preserved. The filing of any report under the provisions of this...

  1. 40 CFR 92.407 - Responsibility under other legal provisions preserved.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ..., obtain approval, or give notice under any provision of law. ... 40 Protection of Environment 20 2011-07-01 2011-07-01 false Responsibility under other legal... under other legal provisions preserved. The filing of any report under the provisions of this...

  2. 40 CFR 92.407 - Responsibility under other legal provisions preserved.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ..., obtain approval, or give notice under any provision of law. ... 40 Protection of Environment 20 2014-07-01 2013-07-01 true Responsibility under other legal... under other legal provisions preserved. The filing of any report under the provisions of this...

  3. Legal and Social Service Responses to Child Sexual Abuse: A Primer and Discussion of Relevant Research

    ERIC Educational Resources Information Center

    Wiley, Tisha R. A.

    2009-01-01

    This paper provides a broad overview of legal and social service responses to child sexual abuse, the overarching legal framework provided by federal legislation, and funding mandates and the unique and shared investigative concerns of law enforcement and child protective service entities. Relevant psychological research is highlighted throughout,…

  4. 5 CFR 582.303 - Response to legal process or interrogatories.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 5 Administrative Personnel 1 2010-01-01 2010-01-01 false Response to legal process or interrogatories. 582.303 Section 582.303 Administrative Personnel OFFICE OF PERSONNEL MANAGEMENT CIVIL SERVICE REGULATIONS COMMERCIAL GARNISHMENT OF FEDERAL EMPLOYEES' PAY Compliance With Legal Process § 582.303...

  5. 40 CFR 92.407 - Responsibility under other legal provisions preserved.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ..., obtain approval, or give notice under any provision of law. ... 40 Protection of Environment 21 2013-07-01 2013-07-01 false Responsibility under other legal... under other legal provisions preserved. The filing of any report under the provisions of this...

  6. Legal and social service responses to child sexual abuse: a primer and discussion of relevant research.

    PubMed

    Wiley, Tisha R A

    2009-01-01

    This paper provides a broad overview of legal and social service responses to child sexual abuse, the overarching legal framework provided by federal legislation, and funding mandates and the unique and shared investigative concerns of law enforcement and child protective service entities. Relevant psychological research is highlighted throughout, including research on investigator training, forensic interviewing techniques, children's suggestibility, jurors' perceptions of child witnesses, and courtroom accommodations for child witnesses. PMID:19856733

  7. Legal risks and responsibilities of physicians in the AIDS epidemic.

    PubMed

    Annas, George J

    1988-01-01

    Existing law in the United States applicable to physicians' obligations to treat AIDS and HIV-infected patients is summarized and ways are identified to strengthen current law so that these obligations are more sharply defined. Courts have affirmed an obligation to treat both in limited emergency situations and within the consensual physician patient relationship. Also, physicians may assume contractual obligations to entire groups of patients under employment contracts with hospitals and prepaid health plans and by agreements for Medicare and Medicaid reimbursement. Annas describes antidiscimination statutes as limited in scope and suggests ways to strengthen them. He maintains that physicians have special legal obligations because society has granted them special privileges, and he supports delineation and enforcement of ethical obligations by organized medicine, state licensing boards, hospitals, and medical schools. PMID:11650068

  8. Integrating Public Relations and Legal Responses during a Crisis: The Case of Odwalla, Inc.

    ERIC Educational Resources Information Center

    Martinelli, Kathleen A.; Briggs, William

    1998-01-01

    Examines the crisis-communication strategies employed by Odwalla, Inc. during its juice contamination crisis, a crisis whose impact on public health and safety gave it the potential for developing into an issue that required public policy relief. Finds that public-relations response strategies dominated legal response strategies, followed by mixed…

  9. 49 CFR 568.7 - Requirements for manufacturers who assume legal responsibility for a vehicle.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 49 CFR 567.5(f). (b) If an intermediate manufacturer of a vehicle assumes legal responsibility for... intermediate manufacturer shall ensure that a label is affixed to the final vehicle in conformity with 49 CFR... responsibility for a vehicle. 568.7 Section 568.7 Transportation Other Regulations Relating to...

  10. [Legal responsibility in the exercising of the neurology clinical practice].

    PubMed

    Siso Martín, J

    2004-12-01

    The importance of responsibility in the clinical practice is derived from the transcendency of what they affect (life and health) and the risk implicit to it. The clinical performance does not require curing. The obligations that are derived from them are means and not results. It is also not correct to associate error and responsibility. Responsibility of the professional may be claimed by civil, patrimony, corporative, disciplinary and penal routes based on the reasons and according to who is making the claim. These claims may be presented individually or jointly based on whether the modality of the professional practice is free or carried out by others, whether in public health or private health care. The professional has different alternatives to respond to the possible lawsuits that are presented, both penal and civil action or protection have the common problem of the difficulty of proof. PMID:15719285

  11. Ethical and Legal Issues in Field Education: Shared Responsibility and Risk.

    ERIC Educational Resources Information Center

    Zakutansky, Theresa J.; Sirles, Elizabeth A.

    1993-01-01

    A discussion of ethical responsibility, professional boundaries, and legal liability in social work field experience programs looks at specific issues in the complex network of dyadic relationships between the student, client, field instructor, and field liaison. Specific situations are used to illustrate the issues. (MSE)

  12. 40 CFR 94.407 - Responsibility under other legal provisions preserved.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 40 Protection of Environment 20 2010-07-01 2010-07-01 false Responsibility under other legal provisions preserved. 94.407 Section 94.407 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) CONTROL OF EMISSIONS FROM MARINE COMPRESSION-IGNITION ENGINES Emission-related Defect Reporting...

  13. 40 CFR 92.407 - Responsibility under other legal provisions preserved.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 40 Protection of Environment 20 2010-07-01 2010-07-01 false Responsibility under other legal provisions preserved. 92.407 Section 92.407 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) CONTROL OF AIR POLLUTION FROM LOCOMOTIVES AND LOCOMOTIVE ENGINES Emission-Related Defect Reporting...

  14. 40 CFR 91.906 - Responsibility under other legal provisions preserved.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 40 Protection of Environment 20 2010-07-01 2010-07-01 false Responsibility under other legal provisions preserved. 91.906 Section 91.906 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) CONTROL OF EMISSIONS FROM MARINE SPARK-IGNITION ENGINES Emission-related Defect Reporting Requirements,...

  15. Navigating the legal framework for state foodborne illness surveillance and outbreak response: observations and challenges.

    PubMed

    David, Stephanie D; Katz, Rebecca L

    2013-03-01

    Public health and food safety officials have long recognized the important role that state agencies play in protecting consumers from foodborne disease. With the increasing occurrence of multi-jurisdictional outbreaks, efforts have been underway to modernize and make more uniform the patchwork of state laws, protocols, and policies that exist across the U.S. for food-borne illness surveillance and outbreak response activities. To aid in this endeavor, and to better understand the role of law in a state's ability to carry out these functions effectively, we are creating a database of key legal authorities and provisions relating to foodborne illness surveillance and outbreak response across the 50 states and District of Columbia. There appears to be wide variation in the legal infrastructure for these activities, ranging from how certain terms are defined, to what and when foodborne illnesses must be reported, to which level of government has responsibility over investigation and response of foodborne outbreaks. As outbreaks become more widespread and involve multiple jurisdictions, it is important that public health and food safety stakeholders understand the legal authorities under which they operate, how such authorities may impede or promote efficient and effective surveillance and outbreak response, and use that knowledge to determine if state laws should be updated or strengthened. PMID:23590736

  16. [Decision making, empathy and morality in psychopaths: does empirical research offer new perspectives concerning legal responsibility?].

    PubMed

    Schmoll, D

    2012-04-01

    Psychopathy is a well explored dimensional construct only partially overlapping with dissocial personality disorder according to ICD-10. Until now, psychopaths have not been assessed as having diminished legal responsibility, unless they show impulsive or dissocial behaviour in an early stage of development, since they are considered able to adapt themselves to social norms. This forensic practice has been criticised from a deterministic-neurobiological point of view. This article discusses whether the latest empirical results on the psychopath's capacity for decision-making, empathy, and morality should lead to a new assessment of legal responsibility. The author shows that the psychopath's reduced capacities for decision-making, response reversal, and emotional empathy do not tell us much about the way such an individual arrives at decisions outside the laboratory since there has been no exploration of how compensation is made for psychophysiological deviation. Studies comparing criminal and non-criminal (so called "successful") psychopaths support the view that single physiological findings such as a hypoarousal do not necessarily lead to criminal behaviour. The moral knowledge of psychopaths is not disturbed. That is why criminality seems to be caused mainly by developed motivational factors (risk-seeking and hedonistic life-style). Empirical research into psychopathy may enlarge our knowledge about pathogenesis but does not offer new perspectives concerning legal responsibility. PMID:22113366

  17. Nurse drug diversion and nursing leader's responsibilities: legal, regulatory, ethical, humanistic, and practical considerations.

    PubMed

    Tanga, Hazel Y

    2011-01-01

    Nurses who divert drugs pose significant threats to patient safety, but also become a liability to healthcare organizations and the nursing department where the diversion occurred. Healthcare and nursing leaders have a responsibility to ensure that security systems are in place to prevent diversion and protect patients if nursing impairment is suspected as a result of drug diversion. Nursing leaders must consider legal, regulatory, ethical, humanistic, and practical considerations in resolving this issue. PMID:21343743

  18. [Responsibilities of physicians in legal practice with emphasis on civil law].

    PubMed

    Veselić, Ivica

    2007-01-01

    Medical doctors and lawyers respectively are very often directed to cooperate in many different ways. It is worth informing the medical doctors in a simple and understandable way of a newer and more recent practice of the term of responsibility and its usage in legal practice. Placing subjective or objective medical doctors' responsibility arises a considerable doubt in practice. Author's opinion is that the legal practice should keep the subjective responsibility because it is precisely the subjective responsibility that has a supremacy over the objective one. He is, of course, taking into consideration the honorable medical profession which shouldn't professionally constraint the doctors in doing their honorable work by confronting them with ethical and professional dilemma about whether they would be burdened with criminal or civil responsibility, and all that on the assumption of lege artis. The author has himself searched and checked the archive and Internet records of 200 court rulings of the Municipal Court in Zagreb and the District Court in Zagreb. He also searched Internet records of the Supreme Court of the Republic of Croatia both for the civil law responsibility as for the criminal law one. The figures shown in this work are appriximate and they are to be used as guidelines and support for indentifying and solving problems both in medical as in legal practice. After checking the court rulings of the Municipal Court in Zagreb the author has noted that the mistakes most frequently occur in the field of diagnostics and additional health care (42%), in performing a surgery and post-operative complications (43%) and in the field of ginecology (15%). With the developpement of medicine and technology the risks and medical mistakes are ever growing. However, maybe one simple conversation between a doctor and a patient before and after providing medical services would solve many of the dilemmas and reduce the unreasonable expectations. PMID:18283869

  19. Challenges of access to medicine and the responsibility of pharmaceutical companies: a legal perspective.

    PubMed

    Ahmadiani, Saeed; Nikfar, Shekoufeh

    2016-01-01

    The right to health as a basic human right- and access to medicine as a part of it- have been a matter of attention for several decades. Also the responsibilities of different parties- particularly pharmaceutical companies- in realization of this right has been emphasized by World Health Organization. This is while many companies find no incentive for research and development of medicines related to rare diseases. Also some legal structures such as "patent agreements" clearly cause huge difficulties for access to medicine in many countries. High prices of brand medicine and no legal production of generics can increase the catastrophic costs- as well as morbidity-mortality of medication in lower income countries. Here we evidently review the current challenges in access to medicine and critically assess its legal roots. How societies/governors can make the pharmaceutical companies responsible is also discussed to have a look on possible future and actions that policy makers- in local or global level- can take. PMID:27141958

  20. The dark side of risk and crisis communication: legal conflicts and responsibility allocation

    NASA Astrophysics Data System (ADS)

    Scolobig, A.

    2015-04-01

    Inadequate, misinterpreted or missing risk and crisis communication may be a reason for practitioners, and sometimes even science advisors, to become subjects of criminal charges. This work discusses the legal consequences of communication. After presenting some cases, the discussion focuses on three critical issues: the development of effective communication protocols; the role, tasks and responsibilities of science advisors; and the collateral effects of practitioners' defensive behaviours. For example, if the avoidance of personal liability becomes a primary objective for practitioners, it may clash with other objectives, such as the protection of vulnerable communities or the transparency of decision-making. The conclusion presents some ideas for future research on the legal aspects of risk communication.

  1. Brief Communication: The dark side of risk and crisis communication: legal conflicts and responsibility allocation

    NASA Astrophysics Data System (ADS)

    Scolobig, A.

    2015-06-01

    Inadequate, misinterpreted, or missing risk and crisis communication may be a reason for practitioners, and sometimes science advisors, to become the subjects of criminal investigations. This work discusses the legal consequences of inadequate risk communication in these situations. After presenting some cases, the discussion focuses on three critical issues: the development of effective communication protocols; the role, tasks, and responsibilities of science advisors; and the collateral effects of practitioners' defensive behaviours. For example, if the avoidance of personal liability becomes a primary objective for practitioners, it may clash with other objectives, such as the protection of vulnerable communities or the transparency of decision making. The conclusion presents some ideas for future research on the legal aspects of risk communication.

  2. Postoperative care: From a legal point of view, whose responsibility is it?

    PubMed

    McQuoid-Mason, David Jan

    2016-09-01

    An ear, nose and throat surgeon recently asked if anyone else would be responsible postoperatively for removing a patient's throat pack that had been negligently left in place by the anaesthetist. Generally, members of the operating or treatment team such as anaesthetists, surgeons and circulating nurses are not legally liable for one another's negligent acts or omissions in theatre or postoperatively. However, in situations where one or both of the other members of the team could have directly intervened to prevent harm to a patient and failed to do so, such team members could have legal liability imposed on them as joint wrongdoers, e.g. where a throat pack is negligently left in a patient by an anaesthetist. PMID:27601109

  3. Responsible use of cone beam computed tomography: minimising medico-legal risks.

    PubMed

    Noffke, C E E; Farman, A G; Van der Linde, A; Nel, S

    2013-07-01

    This communication highlights some of the ethical and possible legal responsibilities which pertain to the taking, reading, reporting, and communication of findings from cone-beam computed tomography (CBCT) scans. The importance of knowledge of head and neck anatomy and pathology to reduce the likelihood of incorrect interpretation is emphasised. Failure to detect critical findings in any diagnostic image can potentially result in medico-legal consequences. CBCT is no exception to this rule. Dental schools are advised to include CBCT imaging as a diagnostic tool in their under- and postgraduate curricula thereby equipping graduates to use 3D imaging in general and CBCT in particular. Existing dental practitioners are advised to seek continuing education on 3D imaging as part of their required lifelong learning. PMID:23971277

  4. Ethical and legal issues associated with using response-to-intervention to assess learning disabilities.

    PubMed

    Burns, Matthew K; Jacob, Susan; Wagner, Angela R

    2008-06-01

    The Individuals with Disabilities Education Improvement Act of 2004 allows schools to use a child's response to research-based intervention (RTI) as a part of procedures to identify students with learning disabilities. This paper considers whether RTI-based assessment models meet ethical and legal standards for acceptable assessment practices. Based on a review of available research, it was concluded that RTI-based assessment practices, when carefully crafted and implemented, have the potential to be multifaceted, fair, valid, and useful. Threats to acceptable RTI-based assessment practices include: the lack of research-based interventions appropriate for diverse academic domains, ethnic groups, grades K-12, and students with limited English proficiency; uncertainty regarding how to determine when nonresponse to intervention warrants formal referral for evaluation of special education eligibility; difficulty translating scientifically sound RTI practices to the local school level; and inadequate staff training and poor treatment fidelity. Suggested directions for future research are included. PMID:19083360

  5. Access to safe legal abortion in Malaysia: women's insights and health sector response.

    PubMed

    Low, Wah-Yun; Tong, Wen-Ting; Wong, Yut-Lin; Jegasothy, Ravindran; Choong, Sim-Poey

    2015-01-01

    Malaysia has an abortion law, which permits termination of pregnancy to save a woman's life and to preserve her physical and mental health (Penal Code Section 312, amended in 1989). However, lack of clear interpretation and understanding of the law results in women facing difficulties in accessing abortion information and services. Some health care providers were unaware of the legalities of abortion in Malaysia and influenced by their personal beliefs with regard to provision of abortion services. Accessibility to safer abortion techniques is also an issue. The development of the 2012 Guidelines on Termination of Pregnancy and Guidelines for Management of Sexual and Reproductive Health among Adolescents in Health Clinics by the Ministry of Health, Malaysia, is a step forward toward increasing women's accessibility to safe abortion services in Malaysia. This article provides an account of women's accessibility to abortion in Malaysia and the health sector response in addressing the barriers. PMID:25452590

  6. Against a singular understanding of legal capacity: Criminal responsibility and the Convention on the Rights of Persons with Disabilities

    PubMed Central

    Craigie, Jillian

    2015-01-01

    The United Nations Convention on the Rights of Persons with Disabilities (CRPD) is being used to argue for wider recognition of the legal capacity of people with mental disabilities. This raises a question about the implications of the Convention for attributions of criminal responsibility. The present paper works towards an answer by analysing the relationship between legal capacity in relation to personal decisions and criminal acts. Its central argument is that because moral and political considerations play an essential role in setting the relevant standards, legal capacity in the context of personal decisions and criminal acts should not be thought of as two sides of the same coin. The implications of particular moral or political norms are likely to be different in these two legal contexts, and this may justify asymmetries in the relevant standards for legal capacity. However, the analysis highlights a fundamental question about how much weight moral or political considerations should be given in setting these standards, and this is used to frame a challenge to those calling for significantly wider recognition of the legal capacity of people with mental disabilities on the basis of the Convention. PMID:25997381

  7. Seeing responsibility: can neuroimaging teach us anything about moral and legal responsibility?

    PubMed

    Wasserman, David; Johnston, Josephine

    2014-01-01

    As imaging technologies help us understand the structure and function of the brain, providing insight into human capabilities as basic as vision and as complex as memory, and human conditions as impairing as depression and as fraught as psychopathy, some have asked whether they can also help us understand human agency. Specifically, could neuroimaging lead us to reassess the socially significant practice of assigning and taking responsibility? While responsibility itself is not a psychological process open to investigation through neuroimaging, decision-making is. Over the past decade, different researchers and scholars have sought to use neuroimaging (or the results of neuroimaging studies) to investigate what is going on in the brain when we make decisions. The results of this research raise the question whether neuroscience-especially now that it includes neuroimaging-can and should alter our understandings of responsibility and our related practice of holding people responsible. It is this question that we investigate here. PMID:24634084

  8. Threat Assessment Teams: A Model for Coordinating the Institutional Response and Reducing Legal Liability when College Students Threaten Suicide

    ERIC Educational Resources Information Center

    Penven, James C.; Janosik, Steven M.

    2012-01-01

    Increasing numbers of college students with mental health issues are enrolling in college. If these students threaten suicide they present serious legal issues for college officials. Lack of communication and coordination of a response to these students exacerbates the issue. Threat assessment teams can serve as mechanisms to coordinate the…

  9. Hospital response to the legalization of abortion in New York State: an analysis of program innovation.

    PubMed

    Miller, J

    1979-12-01

    The reorientation of hospital services in the state of New York to accommodate women's constitutional right to elective abortion was investigated. Market and resource constraints, the social orientations of the organization, and the values of physicians were examined in the effort to evaluate hospital response between 1971 and 1973. Analysis indicates that program innovation in obstetrical and gynecological services to include elective abortion was inhibited by economic factors that generally determined the feasibility of diverting finite resources to a new service and social orientations and values that determined the compatibility of elective abortions with the dominant values underlying hospital operations. The reform of New York abortion statutes and the subsequent ruling by the Supreme Court reiterating the right of women to terminate pregnancy failed to standardize the delivery of health care so that individual rights to service could be obtained everywhere in the state. The social changes ultimately realized through legislative and judicial action were essentially conditional upon the responsiveness of local health care providers. Legal action that failed to specifically address the administrative role of hospitals in social change qualified local access and could not be completely effective in legitimizing the redefinition of abortion in society. PMID:541488

  10. Legal Education, Feminism, and the "Well-Intentioned Man": A Response to Richard Devlin.

    ERIC Educational Resources Information Center

    Herman, Didi

    1990-01-01

    A legal educator's account (HE) of an attempt to introduce feminism into a legal research and writing course is criticized for its portrayal of the students as inexperienced know-nothings and the instructor as knowledge-holder, his use of women's endorsements for legitimacy, and his depiction of feminist students as uncooperative. (MSE)

  11. The European and International legal framework on monitoring and response to oil pollution from ships.

    PubMed

    Ferraro, Guido; Pavliha, Marko

    2010-03-01

    Oil spills cause damage to the marine environment. Such oil spills originate from land-based or sea-based sources. Sea-based sources are discharges coming from ships or offshore platforms. The origin of the pollution can be accidental or deliberate (defined also as operational). The European and international legislation in the field of monitoring and response to marine oil pollution is mainly based on the International Convention for the Prevention of Pollution from Ships, 1973, as amended by the Protocol of 1978 thereto (MARPOL 73/78) and the 1982 United Nations Convention on the Law of the Sea (UNCLOS). To complete the international framework, and with specific reference for European Countries, also the recent European legislation is presented. Special attention is given to the prosecution of polluting vessels. The main legal problem is the coordination and integration of the two principles on jurisdiction which co-exist: the nationality of the ship and the geographical position of the ship. PMID:20445844

  12. Ambivalence--a logical response to legal abortion: a prospective study among women and men.

    PubMed

    Kero, A; Lalos, A

    2000-06-01

    The aim of the study was to elucidate ambivalence in relation to legal abortion by studying emotions, attitudes, motives for abortion and ethical reasoning in a strategic sample of women and men who, 1 year after abortion, expressed both positive and painful feelings in relation to the abortion. The study shows that social perspectives legitimate the decision to have an abortion whilst ethical perspectives complicate the decision. Nearly all women and men described having the abortion as an expression of responsibility. Almost one-half also had parallel feelings of guilt, as they regarded the abortion as a violation of their ethical values. The majority of the sample expressed relief while simultaneously experiencing the termination of the pregnancy as a loss coupled with feelings of grief/emptiness. In spite of the ambivalence, only one woman regretted the abortion. For the vast majority, the impact of the abortion had led to increased maturity and deepened self-knowledge. Thus, ambivalence might be regarded not only as problematic but also as indicating openness to the complexity of the abortion issue. Since incompatible values clash in connection with abortion, experiences of ambivalence become both logical and understandable. PMID:10994180

  13. 41 CFR 301-76.101 - Who is responsible for ensuring that all due process and legal requirements have been met?

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... ensuring that all due process and legal requirements have been met? 301-76.101 Section 301-76.101 Public... that all due process and legal requirements have been met? You are responsible for ensuring that all requirements have been met....

  14. 41 CFR 301-76.101 - Who is responsible for ensuring that all due process and legal requirements have been met?

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... ensuring that all due process and legal requirements have been met? 301-76.101 Section 301-76.101 Public... that all due process and legal requirements have been met? You are responsible for ensuring that all requirements have been met....

  15. 41 CFR 301-76.101 - Who is responsible for ensuring that all due process and legal requirements have been met?

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... ensuring that all due process and legal requirements have been met? 301-76.101 Section 301-76.101 Public... that all due process and legal requirements have been met? You are responsible for ensuring that all requirements have been met....

  16. 41 CFR 301-76.101 - Who is responsible for ensuring that all due process and legal requirements have been met?

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... ensuring that all due process and legal requirements have been met? 301-76.101 Section 301-76.101 Public... that all due process and legal requirements have been met? You are responsible for ensuring that all requirements have been met....

  17. 41 CFR 301-76.101 - Who is responsible for ensuring that all due process and legal requirements have been met?

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... ensuring that all due process and legal requirements have been met? 301-76.101 Section 301-76.101 Public... that all due process and legal requirements have been met? You are responsible for ensuring that all requirements have been met....

  18. Unlocking the doors to Canadian older inmate mental health data: Rates and potential legal responses.

    PubMed

    Iftene, Adelina

    2016-01-01

    This article is based on a quantitative study investigating the quality of life of older Canadian prisoners. For this study, social science methodology was used to answer certain legal questions, such as: what are the mental health issues of older male offenders and how are these needs influencing the exercise of their legal rights? Are institutions prepared to deal with the increased needs of older offenders? If no, is this an infringement of this group's rights? In this article, the mental health problems of older offenders are first outlined. Second, the legal, policy, and institutional limitations in responding to these problems are described. Based on these findings, it is maintained that a change in the treatment of older offenders is needed. Third, statutory and constitutional challenges are explored. If change does not come voluntarily, it is the duty of the courts to have a flexible and open-minded approach toward different actions that challenge the current prison regime. PMID:27037162

  19. Legal Issues and the Supervised Internship Relationship: Who Is Responsible for What?

    ERIC Educational Resources Information Center

    Moorman, Anita M.

    2004-01-01

    It easily could be argued that no single step in a sport management career path is as important and valuable as an internship. This article identifies some of the situations in an internship that raise legal issues for the university, academic program, student, and sponsoring organization. In addition, the article includes several procedural and…

  20. 5 CFR 581.303 - Response to legal process or interrogatories.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... legal process pursuant to State procedures in effect pursuant to subjection (a)(1) or (b) of section 666... prescribed by applicable State law, the agent shall comply with all applicable provisions of section 666... than one person, the agent shall comply with section 666(b)(7); (2) Allocation of moneys due...

  1. The Legal Dimension of RTI--Confusion Confirmed: A Response to Walker and Daves

    ERIC Educational Resources Information Center

    Zirkel, Perry A.

    2012-01-01

    In this issue of "Learning Disability Quarterly" (LDQ), Professors Daves and Walker reply to my earlier LDQ article on confusion in the cases and commentary about the legal dimension of RTI. In this brief rejoinder, I show that their reply confirms rather than resolves the confusion in their original commentary in 2010. This persistent problem…

  2. The Role of the Law School in the Teaching of Legal Ethics and Professional Responsibility.

    ERIC Educational Resources Information Center

    Burger, Warren E.

    1980-01-01

    The Chief Justice of the United States outlines the duty and opportunity, besides relating legal theory to practice, regarding inculcating principles of professional ethics and standards in law students. This duty should permeate the entire educational experience from the first hour. Available from Dennis & Co., 251 Main St., Buffalo, NY 14203.…

  3. Your Legal Rights and Responsibilities: A Guide for Public School Students.

    ERIC Educational Resources Information Center

    Administration for Children, Youth, and Families (DHEW), Washington, DC.

    Supreme Court decisions and Acts of Congress relating to students' rights are discussed in this pamphlet. The legal principles outlined by the Supreme Court decisions are presented for various areas, including religion, speech and expression, flag salute and pledge of allegiance, suspension and expulsion, racial discrimination and segregated…

  4. Negligence Liability of K-12 Chemistry Teachers: The Need for Legal Balance and Responsible Action

    ERIC Educational Resources Information Center

    Zirkel, Perry A.; Barnes, Marianne B.

    2011-01-01

    The science education community promotes inquiry teaching and learning enhanced by the school laboratory experience, and this emphasis is reflected in state and national science education standards. However, science teachers, especially those in chemistry settings, have been known to avoid laboratory activities because of fear of legal liability…

  5. 5 CFR 581.303 - Response to legal process or interrogatories.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... legal process pursuant to State procedures in effect pursuant to subjection (a)(1) or (b) of section 666... prescribed by applicable State law, the agent shall comply with all applicable provisions of section 666... than one person, the agent shall comply with section 666(b)(7); (2) Allocation of moneys due...

  6. 5 CFR 581.303 - Response to legal process or interrogatories.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... legal process pursuant to State procedures in effect pursuant to subjection (a)(1) or (b) of section 666... prescribed by applicable State law, the agent shall comply with all applicable provisions of section 666... than one person, the agent shall comply with section 666(b)(7); (2) Allocation of moneys due...

  7. 5 CFR 581.303 - Response to legal process or interrogatories.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... legal process pursuant to State procedures in effect pursuant to subjection (a)(1) or (b) of section 666... prescribed by applicable State law, the agent shall comply with all applicable provisions of section 666... than one person, the agent shall comply with section 666(b)(7); (2) Allocation of moneys due...

  8. 5 CFR 581.303 - Response to legal process or interrogatories.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... legal process pursuant to State procedures in effect pursuant to subjection (a)(1) or (b) of section 666... prescribed by applicable State law, the agent shall comply with all applicable provisions of section 666... than one person, the agent shall comply with section 666(b)(7); (2) Allocation of moneys due...

  9. Legal Response to Child Abuse and Neglect: Assessment, Treatment, and Prevention.

    ERIC Educational Resources Information Center

    Plum, Henry J.

    1991-01-01

    Recommendations are made for improving the existing child protection system by consideration of children as legal persons, parental duty instead of parental rights, and the state's duty. Solutions involve recognizing what works, developing political astuteness, marketing child protective services as a business, balancing centralization and…

  10. Drug driven psychoses and legal responsibility or insanity in six Western Pacific nations.

    PubMed

    Mellsop, Graham; Choi, W K; Every-Palmer, Susanna; Green, Bob; Heffernan, Ed; Kachaeva, Margarita; Shiina, Akihiro; Wang, Xiaoping

    2016-01-01

    Prompted by four questions, forensic mental health clinicians from Russia, China, Japan, Hong Kong, Australia and New Zealand provided information on both the legislative basis and current practice concerning the relationship between legal insanity, intoxication and drug induced psychosis in their six Pacific Rim Countries which account for nearly 20% of the world's population. Details of the survey for each contributing nation are provided. While there are significant variations in practice that have been shaped by regional legal, clinical and cultural influences there is considerable similarity in the legislation underpinning how these issues are considered. Consequently there remain similar challenges for each nation. In none of the legislative bases was the issue of drug induced psychosis specifically addressed. The authors conclude that evolving pharmaco-neuropsychiatric knowledge, societal values and patterns of substance misuse require nations to consider developments in scientific and clinical knowledge to support their interpretations of the relationship between altered mental states as a result of substance use and the legal construct of insanity. PMID:27021135

  11. Legal Preparedness

    PubMed Central

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

    2015-01-01

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

  12. Responses to perceived unethical practices in clinical neuropsychology: ethical and legal considerations.

    PubMed

    Grote, C L; Lewin, J L; Sweet, J J; van Gorp, W G

    2000-02-01

    Neuropsychologists often review the work of colleagues who have performed a neuropsychological evaluation. At times, these reviews may cause one to believe that a colleague acted in an unethical manner. However, it is often unclear whether the situation warrants contacting the colleague or filing a complaint. This article provides examples of potential unethical practices in neuropsychology, and then reviews the relevant ethical principles and legal precedents concerning the obligations and possible risks of reporting perceived unethical practices of a colleague. The paper concludes with a series of recommendations and options as to when and how one should proceed in such situations. PMID:10855065

  13. On the legality of cannabis; the responsibility of the expert witness.

    PubMed

    Lowry, W T; Garriott, J C

    1975-10-01

    The controversy concerning the taxonomic status of the genus Cannabis has now advanced to a stage where the forensic scientist has limitations to his testimony in identification of "marihuana" plant material in jurisdictions where the law defines "marihuana" as Cannabis sativa L. Whether the genus Cannabis is monotypic or polytypic is as yet uncertain, but recent taxonomic reviews weigh heavily toward the existence of three or more species within the genus. The taxonomists or forensic scientists cannot, therefore, positively state for fact that C. sativa is the only species existing within the genus Cannabis. The popular concept of "marihuana" is actually based on the chemical characteristics of the plant Cannabis, rather than on the taxonomic classification. This is evident in its inclusion as a drug or hallucinogenic substance under Federal and local statutes. It is therefore proposed that "marihuana" be redefined legally to include all members belonging to the genus, in jurisdictions where legal definition warrants such an act, or that these jurisdictions follow the format set forth by Federal rulings. PMID:1176918

  14. The Personal Responsibility and Work Opportunity Reconciliation Act of 1996: An Examination of Its Impact on Legal Immigrants and Refugees in Rhode Island.

    ERIC Educational Resources Information Center

    Serpa, Fernando A.

    This report describes a 1998 consultation conducted to examine the impact of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 on legal immigrants and refugees in Rhode Island. The Personal Responsibility and Work Opportunity Act restricted access of documented immigrants to a wide range of government programs such as…

  15. Treating war detainees and terror suspects: legal and ethical responsibilities of military physicians.

    PubMed

    Singh, Jerome Amir

    2007-12-01

    Several international legal instruments and ethical guidelines bestow rights and impose duties on detainees and military physicians, respectively. Ideological totalism, moral disengagement, and victim blame can facilitate the abuse of detainees, and this mindset must be avoided by military physicians. Physicians should report suspected violations of detainee rights to the U.N. Special Rapporteur on Torture or organizations such as the International Committee of the Red Cross, Médecins Sans Frontières, Amnesty International, Physicians for Human Rights, or Human Rights Watch. To discourage victimization of physician whistleblowers on detainee abuse, domestic medical associations should pressure their respective governments to explicitly endorse their codes of ethics. Domestic medical communities should regard it as their ethical duty to pressure their respective governments to accede to the Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, if their governments have not already done so. They should also regard it as their ethical duty to pressure their governments to afford "prisoner of war" status to persons they detain. If faced with a conflict between following national policies and following universally accepted, multilateral principles of international law and ethics, military physicians should consider themselves ethically bound to follow the latter. The duty of care must supercede any blanket notion of loyalty, obligation, allegiance, or patriotism that the physician may feel is owed to his or her station. This is the true ethos of service to humankind. PMID:18214130

  16. From the Consulting Room to the Court Room? Taking the Clinical Model of Responsibility Without Blame into the Legal Realm

    PubMed Central

    Lacey, Nicola; Pickard, Hanna

    2013-01-01

    Within contemporary penal philosophy, the view that punishment can only be justified if the offender is a moral agent who is responsible and hence blameworthy for their offence is one of the few areas on which a consensus prevails. In recent literature, this precept is associated with the retributive tradition, in the modern form of ‘just deserts’. Turning its back on the rehabilitative ideal, this tradition forges a strong association between the justification of punishment, the attribution of responsible agency in relation to the offence, and the appropriateness of blame. By contrast, effective clinical treatment of disorders of agency employs a conceptual framework in which ideas of responsibility and blameworthiness are clearly separated from what we call ‘affective blame’: the range of hostile, negative attitudes and emotions that are typical human responses to criminal or immoral conduct. We argue that taking this clinical model of ‘responsibility without blame’ into the legal realm offers new possibilities. Theoretically, it allows for the reconciliation of the idea of ‘just deserts’ with a rehabilitative ideal in penal philosophy. Punishment can be reconceived as consequences—typically negative but occasionally not, so long as they are serious and appropriate to the crime and the context—imposed in response to, by reason of, and in proportion to responsibility and blameworthiness, but without the hard treatment and stigma typical of affective blame. Practically, it suggests how sentencing and punishment can better avoid affective blame and instead further rehabilitative and related ends, while yet serving the demands of justice. PMID:24771953

  17. Legal Rights and Responsibilities in the Public Schools: A Handbook for Teachers in California Schools.

    ERIC Educational Resources Information Center

    Abinanti & Tripp, Arcata, CA.

    Designed as a general introduction to some areas of the law which directly affect teachers and students in California schools, the purpose of this handbook is to enable teachers to protect themselves in the performance of their duty and to protect their students by conveying needed information about student rights and responsibilities. Part I,…

  18. The Legal Rights and Responsibilities of Students in Connecticut Public Schools.

    ERIC Educational Resources Information Center

    Connecticut State Dept. of Education, Hartford.

    Educational legislation (both state and federal) and court decisions relevant to student rights and responsibilities in Connecticut public schools are presented in this handbook. Chapters cover the right to suitable education free from discrimination; First Amendment constitutional rights of free speech, association, and religion; search and…

  19. A Historical Overview and Contemporary Expansion of Psychological Theories of Determinism, Probabilistic Causality, Indeterminate Free Will, and Moral and Legal Responsibility

    ERIC Educational Resources Information Center

    Wilks, Duffy; Ratheal, Juli D'Ann

    2009-01-01

    The authors provide a historical overview of the development of contemporary theories of counseling and psychology in relation to determinism, probabilistic causality, indeterminate free will, and moral and legal responsibility. They propose a unique model of behavioral causality that incorporates a theory of indeterminate free will, a concept…

  20. Neuroscience in forensic psychiatry: From responsibility to dangerousness. Ethical and legal implications of using neuroscience for dangerousness assessments.

    PubMed

    Gkotsi, Georgia Martha; Gasser, Jacques

    2016-01-01

    Neuroscientific evidence is increasingly being used in criminal trials as part of psychiatric testimony. Up to now, "neurolaw" literature remained focused on the use of neuroscience for assessments of criminal responsibility. However, in the field of forensic psychiatry, responsibility assessments are progressively being weakened, whereas dangerousness and risk assessment gain increasing importance. In this paper, we argue that the introduction of neuroscientific data by forensic experts in criminal trials will be mostly be used in the future as a means to evaluate or as an indication of an offender's dangerousness, rather than their responsibility. Judges confronted with the pressure to ensure public security may tend to interpret neuroscientific knowledge and data as an objective and reliable way of evaluating one's risk of reoffending. First, we aim to show how the current socio-legal context has reshaped the task of the forensic psychiatrist, with dangerousness assessments prevailing. In the second part, we examine from a critical point of view the promise of neuroscience to serve a better criminal justice system by offering new tools for risk assessment. Then we aim to explain why neuroscientific evidence is likely to be used as evidence of dangerousness of the defendants. On a theoretical level, the current tendency in criminal policies to focus on prognostics of dangerousness seems to be "justified" by a utilitarian approach to punishment, supposedly revealed by new neuroscientific discoveries that challenge the notions of free will and responsibility. Although often promoted as progressive and humane, we believe that this approach could lead to an instrumentalization of neuroscience in the interest of public safety and give rise to interventions which could entail ethical caveats and run counter to the interests of the offenders. The last part of this paper deals with some of these issues-the danger of stigmatization for brain damaged offenders because of

  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 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

  3. Identifying structural barriers to an effective HIV response: using the National Composite Policy Index data to evaluate the human rights, legal and policy environment

    PubMed Central

    Gruskin, Sofia; Ferguson, Laura; Alfven, Tobias; Rugg, Deborah; Peersman, Greet

    2013-01-01

    Introduction Attention to the negative effects of structural barriers on HIV efforts is increasing. Reviewing national legal and policy environments with attention to the international human rights commitments of states is a means of assessing and providing focus for addressing these barriers to effective HIV responses. Methods Law and policy data from the 171 countries reporting under the Declaration of Commitment from the 2001 United Nations General Assembly Special Session on HIV/AIDS were analyzed to assess attention to human rights in national legal and policy environments as relevant to the health and rights of key populations such as people who inject drugs, men who have sex with men and sex workers. Results Seventy-eight governments and civil society in 106 countries report the existence of laws and policies which present obstacles to accessing HIV services for key populations. Laws and policies which positively affect access to HIV-related services, in and of themselves constituting structural interventions, were also reported. The dissonance between laws and how this impacts the availability and use of HIV-related services deserve greater attention. Conclusions Recognition of the harms inherent in laws that constitute structural barriers to effective HIV responses and the potential positive role that a supportive legal environment can play suggests the need for legal reform to ensure an enabling regulatory framework within which HIV services can be effectively delivered and used by the populations who need them. Moving beyond laws and policies, further efforts are required to determine how to capture information on the range of structural barriers. Teasing apart the impact of different barriers, as well as the structural interventions put in place to address them, remains complicated. Capturing the impact of policy and legal interventions can ultimately support governments and civil society to ensure the human rights of key populations are protected in

  4. 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)

  5. [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

  6. 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)

  7. 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

  8. Changing legal standards for proof of causation in hazardous waste tort cases. Plaintiffs' problems and congressional responses.

    PubMed

    Learner, L G; Hartman, K L; Berry, D S

    1983-12-01

    Increasing public awareness and concern over the possible dangers of exposure to toxic chemicals and hazardous wastes has resulted in a variety of lawsuits brought by plaintiffs claiming injury resulting from chemical exposure. The legal system and its traditional approach to tort cases demands that a plaintiff demonstrate that a particular chemical substance was the "cause in fact" of his injury. However, a plaintiff's inability to present credible scientific evidence sufficient to pinpoint conclusively the specific cause of his injury or disease, particularly in cancer cases, leads to defeat in courts of law. This article discusses the existing barriers to plaintiffs' recovery in toxic tort cases and reviews congressional proposals designed to ease plaintiffs' evidentiary burden and increase their chances of prevailing. PMID:6666765

  9. Common biology of craving across legal and illegal drugs - a quantitative meta-analysis of cue-reactivity brain response.

    PubMed

    Kühn, Simone; Gallinat, Jürgen

    2011-04-01

    The present quantitative meta-analysis set out to test whether cue-reactivity responses in humans differ across drugs of abuse and whether these responses constitute the biological basis of drug craving as a core psychopathology of addiction. By means of activation likelihood estimation, we investigated the concurrence of brain regions activated by cue-induced craving paradigms across studies on nicotine, alcohol and cocaine addicts. Furthermore, we analysed the concurrence of brain regions positively correlated with self-reported craving in nicotine and alcohol studies. We found direct overlap between nicotine, alcohol and cocaine cue reactivity in the ventral striatum. In addition, regions of close proximity were observed in the anterior cingulate cortex (ACC; nicotine and cocaine) and amygdala (alcohol, nicotine and cocaine). Brain regions of concurrence in drug cue-reactivity paradigms that overlapped with brain regions of concurrence in self-reported craving correlations were found in the ACC, ventral striatum and right pallidum (for alcohol). This first quantitative meta-analysis on drug cue reactivity identifies brain regions underlying nicotine, alcohol and cocaine dependency, i.e. the ventral striatum. The ACC, right pallidum and ventral striatum were related to drug cue reactivity as well as self-reported craving, suggesting that this set of brain regions constitutes the core circuit of drug craving in nicotine and alcohol addiction. PMID:21261758

  10. Continuing Legal Education--Who Pays?

    ERIC Educational Resources Information Center

    Cooper, Paul

    1985-01-01

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

  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. Surveying Our Legal Environment--Part One.

    ERIC Educational Resources Information Center

    Kaplan, Rochelle K.

    1989-01-01

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

  13. 37 CFR 10.36 - Fees for legal services.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

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

  14. 37 CFR 10.48 - Sharing legal fees.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

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

  15. 37 CFR 10.48 - Sharing legal fees.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

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

  16. 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

  17. 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

  18. Surrogate mothers: the legal issues.

    PubMed

    Mady, T M

    1981-01-01

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

  19. 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,…

  20. 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…

  1. 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…

  2. 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…

  3. 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…

  4. Legal Considerations of Psychiatric Nursing Practice.

    PubMed

    Barloon, Linda Funk; Hilliard, Wanda

    2016-06-01

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

  5. 45 CFR 1302.20 - Grantee to show both legal status and financial viability.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 45 Public Welfare 4 2010-10-01 2010-10-01 false Grantee to show both legal status and financial... both legal status and financial viability. (a) Upon the occurrence of a change in the legal condition... satisfaction of the responsible HHS official that it has and will continue to have legal status and...

  6. Innovative Legal Approaches to Address Obesity

    PubMed Central

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

    2009-01-01

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

  7. Children's Health in a Legal Framework

    ERIC Educational Resources Information Center

    Huntington, Clare; Scott, Elizabeth

    2015-01-01

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

  8. 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)

  9. 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)

  10. 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

  11. 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

  12. The Public Health Framework of Legalized Marijuana in Colorado.

    PubMed

    Ghosh, Tista; Van Dyke, Mike; Maffey, Ali; Whitley, Elizabeth; Gillim-Ross, Laura; Wolk, Larry

    2016-01-01

    On January 1, 2014, Colorado became the first state in the nation to sell legal recreational marijuana for adult use. As a result, Colorado has had to carefully examine potential population health and safety impacts as well as the role of public health in response to legalization. We have discussed an emerging public health framework for legalized recreational marijuana. We have outlined this framework according to the core public health functions of assessment, policy development, and assurance. In addition, we have discussed challenges to implementing this framework that other states considering legalization may face. PMID:26562117

  13. The Public Health Framework of Legalized Marijuana in Colorado

    PubMed Central

    Van Dyke, Mike; Maffey, Ali; Whitley, Elizabeth; Gillim-Ross, Laura; Wolk, Larry

    2016-01-01

    On January 1, 2014, Colorado became the first state in the nation to sell legal recreational marijuana for adult use. As a result, Colorado has had to carefully examine potential population health and safety impacts as well as the role of public health in response to legalization. We have discussed an emerging public health framework for legalized recreational marijuana. We have outlined this framework according to the core public health functions of assessment, policy development, and assurance. In addition, we have discussed challenges to implementing this framework that other states considering legalization may face. PMID:26562117

  14. RTI Confusion in the Case Law and the Legal Commentary

    ERIC Educational Resources Information Center

    Zirkel, Perry A.

    2011-01-01

    This article expresses the position that the current legal commentary and cases do not sufficiently differentiate response to intervention (RTI) from the various forms of general education interventions that preceded it, thus compounding confusion in professional practice as to legally defensible procedures for identifying children as having a…

  15. 76 FR 30040 - Proposed Airworthiness Directives Legal Interpretation

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-05-24

    ...The Federal Aviation Administration published a proposed airworthiness directives legal interpretation for comment. In response to several requests, we are extending the comment period to allow additional time for comment. Comments from the public are requested to assist the agency in developing the final legal...

  16. The Medicalization and Legalization of Child Abuse.

    ERIC Educational Resources Information Center

    Newberger, Eli H.; Bourne, Richard

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

  17. Legal Protections Gay Students Must Receive

    ERIC Educational Resources Information Center

    Underwood, Julie

    2004-01-01

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

  18. Top 10 Campus Legal Issues for Boards

    ERIC Educational Resources Information Center

    White, Lawrence

    2015-01-01

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

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

    ERIC Educational Resources Information Center

    Bailey, Kirk A.; Ross, Catherine J.

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

  20. Legal Considerations in Clinical Decision Making.

    ERIC Educational Resources Information Center

    Ursu, Samuel C.

    1992-01-01

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

  1. [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

  2. 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

  3. 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

  4. 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.…

  5. 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…

  6. 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)

  7. 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…

  8. 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…

  9. State Security Breach Response Laws: State-by-State Summary Table. Using Data to Improve Education: A Legal Reference Guide to Protecting Student Privacy and Data Security

    ERIC Educational Resources Information Center

    Data Quality Campaign, 2011

    2011-01-01

    Under security breach response laws, businesses--and sometimes state and governmental agencies--are required to inform individuals when the security, confidentiality or integrity of their personal information has been compromised. This resource provides a state-by-state analysis of security breach response laws. [The Data Quality Campaign has…

  10. [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

  11. 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.

  12. Trappings of technology: casting palliative care nursing as legal relations.

    PubMed

    Larsen, Ann-Claire

    2012-12-01

    Community palliative care nurses in Perth have joined the throng of healthcare workers relying on personal digital assistants (PDAs) to store, access and send client information in 'real time'. This paper is guided by Heidegger's approach to technologies and Habermas' insights into the role of law in administering social welfare programs to reveal how new ethical and legal understandings regarding patient information add to nursing's professional responsibilities. This qualitative research interprets data from interviews with twenty community palliative care nurses about clients' legal rights to informational privacy and confidentiality. It explores nurses' views of their nursing responsibilities regarding clients' legal rights, liability issues, bureaucratic monitoring and enforcement procedures. It concludes that nurses and clients are construed as legal subjects entrenched in legal relations that have magnified since these nurses began using PDAs in 2005/2006. PMID:23134278

  13. 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,…

  14. 32 CFR 727.6 - Functions of legal assistance officers.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... Advocate General contemplating agreements or liaison with appropriate civilian bar officials, serve as... liaison with local bar organizations, lawyer referral services, legal aid societies, and other local... including the ethical considerations under the Code of Professional Responsibility of the American...

  15. Dovetailing Language and Content: Teaching Balanced Argument in Legal Problem Answer Writing.

    ERIC Educational Resources Information Center

    Bruce, Nigel

    2002-01-01

    Describes an approach to teaching first-year law students in an English for academic purposes course on how to write the academic genre of the legal problem answer. Offers students rhetorical tools to translate legal reasoning moves into effective written response to legal problems. The dovetailing of language and content involved considerable…

  16. [Legal basics in palliative care].

    PubMed

    Putz, Wolfgang

    2016-03-01

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

  17. 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....

  18. 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....

  19. School Finance Reform in the "Live Free or Die" State: Personal, Legal, and Policy Responses to "Claremont School District v. Governor."

    ERIC Educational Resources Information Center

    DeMitchell, Todd A.; Krysiak, Barbara H.

    1999-01-01

    Summarizes background and aftermath of 1993 and 1997 New Hampshire Supreme Court unconstitutionality rulings against the state education finance system. Highlights "Claremont II," discussing initial responses, the Rubens constitutional amendment, the governor's ABC Plan, the bipartisan constitutional amendment, the 1998 governor race, and a…

  20. [Professional, criminal and civil responsibility and the legal medical aspects of the performance of the dentist practicing local anesthesia and tooth extractions].

    PubMed

    Debernardi, C

    1990-09-01

    The paper affirms that the dentist can come up against severe complications while exercising his profession which expose him to charges outlined by the Penal and Civil Codes. The circumstances in which the operator's responsibility can be questioned during the use of local anesthesia and extraction are discussed. PMID:2293016

  1. 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.

  2. 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

  3. Legal regime of human activities in outer space law

    NASA Technical Reports Server (NTRS)

    Golda, Carlo

    1994-01-01

    Current developments in space activities increasingly involve the presence of humans on board spacecraft and, in the near future, on the Moon, on Mars, on board Space Stations, etc. With respect to these challenges, the political and legal issues connected to the status of astronauts are largely unclear and require a new doctrinal attention. In the same way, many legal and political questions remain open in the structure of future space crews: the need for international standards in the definition and training of astronauts, etc.; but, first of all, an international uniform legal definition of astronauts. Moreover, the legal structure for human life and operations in outer space can be a new and relevant paradigm for the definition of similar rules in all the situations and environments in which humans are involved in extreme frontiers. The present article starts from an overview on the existing legal and political definitions of 'astronauts', moving to the search of a more useful definition. This is followed by an analysis of the concrete problems created by human space activities, and the legal and political responses to them (the need for a code of conduct; the structure of the crew and the existing rules in the US and ex-USSR; the new legal theories on the argument; the definition and structure of a code of conduct; the next legal problems in fields such as privacy law, communications law, business law, criminal law, etc.).

  4. HIV, drugs and the legal environment

    PubMed Central

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

    2014-01-01

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

  5. 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

  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. "Sexting" among U.S. adolescents: psychological and legal perspectives.

    PubMed

    Judge, Abigail M

    2012-01-01

    This article will discuss the phenomenon of "sexting" (i.e., the exchange of sexually explicit images between adolescents via cell phone) in the United States, with a particular focus on clinical and legal implications. Although sexting is frequently discussed in the popular press, there is virtually no scientific literature available on this topic. In contrast, the legal literature has discussed sexting more comprehensively due to the implications of child pornography statutes for the social response to involved youth. This article will consider sexting from a clinical and legal perspective, and recommend ways to understand and address this practice clinically with adolescent patients. PMID:22512742

  11. Legal Considerations for Health Care Practitioners After Superstorm Sandy.

    PubMed

    Hershey, Tina Batra; Van Nostrand, Elizabeth; Sood, Rishi K; Potter, Margaret

    2016-06-01

    During disaster response and recovery, legal issues often arise related to the provision of health care services to affected residents. Superstorm Sandy led to the evacuation of many hospitals and other health care facilities and compromised the ability of health care practitioners to provide necessary primary care. This article highlights the challenges and legal concerns faced by health care practitioners in the aftermath of Sandy, which included limitations in scope of practice, difficulties with credentialing, lack of portability of practitioner licenses, and concerns regarding volunteer immunity and liability. Governmental and nongovernmental entities employed various strategies to address these concerns; however, legal barriers remained that posed challenges throughout the Superstorm Sandy response and recovery period. We suggest future approaches to address these legal considerations, including policies and legislation, additional waivers of law, and planning and coordination among multiple levels of governmental and nongovernmental organizations. (Disaster Med Public Health Preparedness. 2016;10:518-524). PMID:27021812

  12. 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…

  13. 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...

  14. 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...

  15. 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.…

  16. 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)

  17. 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…

  18. 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…

  19. 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…

  20. 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…

  1. 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)

  2. 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

  3. 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...

  4. 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...

  5. Overlapping universe: understanding legal insanity and psychosis.

    PubMed

    Torry, Zachary D; Billick, Stephen B

    2010-09-01

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

  6. Public Health Legal Preparedness in Indian Country

    PubMed Central

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

    2009-01-01

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

  7. Legal 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)

  8. 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

  9. 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

  10. 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

  11. 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.

  12. Assessing legal responsibility for implant failure.

    PubMed

    Palat, M

    1991-04-01

    The number of malpractice suits related to implants has recently increased significantly, with awards that are among the largest in dentistry. This article discusses the principles involved in assessing liability for implant failure and the various clinical situations that can affect liability in implant practice. The author also provides a list of the interrogatories required of defendants in malpractice suits related to implants. PMID:1893392

  13. 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

  14. 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

  15. 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

  16. 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

  17. 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 ...

  18. 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)

  19. 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

  20. [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

  1. 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

  2. [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

  3. [Artificial insemination as a legal problem].

    PubMed

    Nesterowicz, M

    1977-08-01

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

  4. Reefer madness: legal & moral issues surrounding the medical prescription of marijuana.

    PubMed

    Barnes, R E

    2000-01-01

    California, Arizona, and several other states have recently legalized medical marijuana. My goal in this paper is to demonstrate that even if one grants the opponents of legalization many of their contentious assumptions, the federal government is still obligated to take several specific steps toward the legalization of medical marijuana. I defend this claim against a variety of objections, including the claims: that marijuana is unsafe, that marijuana cannot be adequately tested or produced as a drug, that the availability of synthetic THC makes marijuana superfluous, and especially that legalizing medical marijuana will increase recreational use by 'sending the wrong message.' I then go on to argue that given the intransigent position of the federal government on this issue, state governments are justified in unilaterally legalizing medical marijuana as an act of civil disobedience. A large portion of this paper consists of an extensive response to the objection that legalizing medical marijuana will 'send the wrong message'--which I take to be the primary impediment to legalization. This objection basically claims that the consequences of withholding legalization (especially preventing increased recreational use) are superior to those of legalizing medical marijuana. I argue that legalization is justified even if one were to grant both that the harms of legalization outweighed its benefits and that utilitarianism is true. This requires a subtle and somewhat extended discussion of utilitarian moral and political theory. PMID:11708358

  5. 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...

  6. 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...

  7. 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...

  8. 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...

  9. The legal status of Uncertainty

    NASA Astrophysics Data System (ADS)

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

    2011-03-01

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

  10. Legal abortion: a painful necessity.

    PubMed

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

    2001-12-01

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

  11. 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...

  12. 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

  13. Legal Issues for the Medical Director.

    PubMed

    Trulove, William G

    2015-09-01

    The nephrologist serving as medical director of a dialysis clinic must understand that the role of director is not simply an extension of being a good nephrologist. The two roles-nephrology practice and the leadership of a dialysis clinic-may be filled by a single person. However, each role contains unique tasks, requiring specific skill sets, and each role comes with inherent, associated legal risks. The medical director assumes a new level of responsibility and accountability defined by contractual obligations to the dialysis provider and by state and federal regulations. Hence, a medical director is accountable not only for providing standard-of-care treatment to his or her private practice patients dialyzed at the clinic but also for maintaining the safety of the dialysis clinic patient population and staff. Accordingly, a nephrologist serving in the role of medical director faces distinct legal risks beyond typical professional liability concerns. The medical director must also be mindful of regulatory compliance, unique avenues to licensure board complaints, and implications of careless communication habits. A thoughtful and prepared medical director can mitigate these risk exposures by understanding the sources of these challenges: contractual obligations, pertinent regulatory responsibilities, and the modern electronic communications environment. PMID:25492255

  14. 45 CFR 615.5 - Legal proceedings between private litigants: Testimony and production of documents.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 45 Public Welfare 3 2010-10-01 2010-10-01 false Legal proceedings between private litigants... Welfare (Continued) NATIONAL SCIENCE FOUNDATION TESTIMONY AND PRODUCTION OF RECORDS § 615.5 Legal... information in response to a demand or request. In making this decision, the General Counsel shall...

  15. Legal Education and the Changing Role of Lawyers in Dispute Resolution.

    ERIC Educational Resources Information Center

    Sacks, Albert M.

    1984-01-01

    The development in legal education of subjects and courses touching on alternative dispute resolution is traced, and the intellectual challenges generating those changes in the last few decades are outlined. Legal educators' responses to the movement and some related pedagogical issues facing institutions are discussed. (MSE)

  16. University Lawyers: A Study of Legal Risk, Risk Management and Role in Work Integrated Learning Programmes

    ERIC Educational Resources Information Center

    Cameron, Craig; Klopper, Christopher

    2015-01-01

    Work integrated learning (WIL) is in growing demand by multiple stakeholders within the higher education sector in Australia. There are significant and distinct legal risks to universities associated with WIL programmes. University lawyers, along with WIL administrators and university management, are responsible for managing legal risk. This…

  17. Legal Research in the Context of Educational Leadership and Policy Studies

    ERIC Educational Resources Information Center

    Sughrue, Jennifer; Driscoll, Lisa G.

    2012-01-01

    Legal research methodology is not included in the cluster of research and design courses offered to undergraduate and graduate students in education by traditional departments of research and foundations, so it becomes the responsibility of education law faculty to instruct students in legal methodology. This narrow corridor of opportunity for…

  18. Legal Issues Affecting Libraries and Librarians: Employment Law, Liability and Insurance, Contracts, and Problem Patrons.

    ERIC Educational Resources Information Center

    Mika, Joseph J.; Shuman, Bruce A.

    1988-01-01

    This fourth lesson in a continuing education course on legal issues affecting libraries and librarians discusses the library's rights and legal responsibilities in the areas of censorship and intellectual freedom, the Freedom of Information Act and patron privacy, problem patrons, and ethical considerations of library services. (14 references)…

  19. Legal Liability and Risk Management in Outdoor Training.

    ERIC Educational Resources Information Center

    Dynon, John; Loynes, Chris

    1990-01-01

    Describes duties and responsibilities of outdoor instructors under British criminal and civil law. Discusses elements of negligence under civil law including damage, duty of care, standard of care, in loco parentis, students' duty of care, foreseeability, and employer's legal duty. Presents risk management in terms of primary, secondary, and…

  20. 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…

  1. Upholding Legal and Ethical Duties in the Age of Collaboration

    ERIC Educational Resources Information Center

    Shapiro, Elika A.; Morgan, Kara Puklich; Wilde, Laura K.

    2008-01-01

    As public schools across the nation begin to implement the response to intervention (RTI) model of service delivery, school psychologists may find themselves in the difficult position of trying to balance the need to collaborate as part of a problem-solving team with their duty to uphold legal and ethical obligations surrounding informed consent…

  2. K-12 Students with Concussions: A Legal Perspective

    ERIC Educational Resources Information Center

    Zirkel, Perry A.; Brown, Brenda Eagan

    2015-01-01

    This article provides a multipart analysis of the public schools' responsibility for students with concussions. The first part provides the prevailing diagnostic definitions of concussions and postconcussive syndrome. The second and central part provides (a) the legal framework of the two overlapping federal laws--the Individuals with Disabilities…

  3. Fiduciary and Legal Considerations for Student-Managed Investment Funds

    ERIC Educational Resources Information Center

    Gradisher, Suzanne; Kahl, Douglas R.; Clinebell, John M.; Stevens, Jerry L.

    2016-01-01

    Student-managed investment funds are popular forms of experiential learning in business schools and finance departments. The investment management experience is a real world activity and the structure of the fund may also introduce real world fiduciary and legal responsibilities for students, faculty, and administrators. The authors review how the…

  4. Interprofessional Relationships in Geriatrics: Ethical and Legal Considerations.

    ERIC Educational Resources Information Center

    Kapp, Marshall B.

    1987-01-01

    Discusses the need for members of several different professions to work closely together to achieve an integrated resolution in the best interests of an older person. Proposes that the physician's legal and ethical responsibilities toward an older patient would include a duty to interact and cooperate with other relevant health or human service…

  5. Legal Liability of Community College Presidents and Board Members.

    ERIC Educational Resources Information Center

    Blumer, D. H.

    This document describes the criminal and legal liability of community college presidents and board members in such areas as contracts,civil rights, and fiduciary responsibilities. Also described are the defenses which universities ordinarily build to protect their employees from these liabilities. These defenses include the sovereign or charitable…

  6. [Legal and ethical considerations of emergencies in the dental office].

    PubMed

    Zusman, S P; Garfunkel, A; Galili, D; Findler, M; Malamed, S F; Elad, S; Kaufman, E

    2002-01-01

    The dentist has the ethical and legal responsibility to anticipate emergency situations in correlation with the patient's medical status. He has the obligation to do all in his power to prevent emergencies from happening and to be prepared to manage any emergency that might occur. This article also discusses the importance of monitoring and documentation. PMID:11852454

  7. 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…

  8. 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)

  9. Legality of Student Disciplinary Practices.

    ERIC Educational Resources Information Center

    Bolmeier, Edward C.

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

  10. 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)

  11. Program Review of Legal Education.

    ERIC Educational Resources Information Center

    Yarbrough, Marilyn V.

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

  12. The Legality of Chicano Education.

    ERIC Educational Resources Information Center

    Floca, Kathryn Priscilla Haines

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

  13. Contemporary Legal Issues in Education.

    ERIC Educational Resources Information Center

    McGhehey, M. A., Ed.

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

  14. Legal Issues in Integrity Testing.

    ERIC Educational Resources Information Center

    Arnold, David W.

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

  15. PLATO, EDUCOM, and Legal Education.

    ERIC Educational Resources Information Center

    Munro, Robert J.; Noah, Dennis

    1979-01-01

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

  16. Student Centred Legal Language Study.

    ERIC Educational Resources Information Center

    Leahy, Christine

    1998-01-01

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

  17. Legal Issues in Nursing Homes.

    ERIC Educational Resources Information Center

    Kapp, Marshall B.

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

  18. Legal Scholarship as a Vocation.

    ERIC Educational Resources Information Center

    Luban, David

    2001-01-01

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

  19. Janet Benshoof: Master Legal Activist.

    ERIC Educational Resources Information Center

    Subotnik, Rena F.

    1995-01-01

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

  20. School Safety & the Legal Community.

    ERIC Educational Resources Information Center

    Nicholson, George; And Others

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

  1. Student Teachers and Legal Issues.

    ERIC Educational Resources Information Center

    Monts, Dana R.

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

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

    PubMed

    Ford, Elizabeth B

    2006-01-01

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

  3. Legal, professional and ethical considerations of advanced perioperative practice.

    PubMed

    Quick, Julie

    2010-05-01

    Advances within the NHS have recognised nurses in roles that go beyond the historical parameters of their initial training and role characteristics (DH 1999, DH 2000). Working within such a role creates added responsibilities of advancing practice and the continuing development of knowledge and skills. Nurses working at a higher level of practice will require an understanding of not only the professional and legal implications that new roles create, but also an awareness of the ethical dilemmas that will undoubtedly become increasingly complex (Bartter 2002). This article examines the professional, legal and ethical implications of advanced perioperative practice through the author's role as a surgical care practitioner (SCP). PMID:20521577

  4. Legal trends in bioethics.

    PubMed

    Onel, S; Fry-Revere, S

    1992-01-01

    Directives given in advance of need and substituted consent cases include: the New York trial court that denied the request of a patient's son for an order revoking the health care proxy his mother had given to his sister, the tape-recorded telephone conversation between the son and his mother was ruled to be insufficient evidence of the mother's desire to revoke the proxy, the mother was not fully responsive or articulate enough to convey her thoughts concerning the proxy. By the end of 1991, all states except Pennsylvania and Nebraska had enacted some form of advance directive legislation. The article highlights legislation from Arizona, California, Connecticut, Illinois, Hawaii, Louisiana, Nevada, New Hampshire, New Jersey, North Carolina, Ohio, and Virginia. A study from Mount Sinai School of Medicine in New York comparing the views of surrogate decision makers with the decisions of currently competent, chronically ill, elderly patients found that surrogates were unable to predict the patients' wishes about resuscitation. AIDS developments include: The Centers for Disease Control (CDC) abandoning its plan to publish a list of categories of exposure-prone invasive procedures. The appropriation bill for the Treasury, Postal Service and General Government requires that states adopt CDC's guidelines or their equivalent within one year, or risk losing all Public Health Service funding. The article highlights 2 court cases relating to AIDS questions. The section on assisted suicide discusses the medical license suspension of Jack Kevorkian and his "suicide" machine. On the discontinuation of treatment, the authors discuss several court cases. patients' rights examples include the Washington State decision imposing a duty on the examining doctor to disclose abnormal test results to the person being examined, regardless of whether a doctor-patient relationship exists. Other topics include reproductive issues, the right to treatment, and treatment refusals. PMID:1301833

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

    ERIC Educational Resources Information Center

    Nyquist, Curtis

    2002-01-01

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

  6. The male partner involved in legal abortion.

    PubMed

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

    1999-10-01

    This study comprises 75 men who have been involved in legal abortion. The men answered a questionnaire concerning living conditions and attitudes about pregnancy and abortion. Most men were found to be in stable relationships with good finances. More than half clearly stated that they wanted the woman to have an abortion while 20 stressed that they submitted themselves to their partner's decision. Only one man wanted the woman to complete the pregnancy. Apart from wanting children within functioning family units, the motivation for abortion revealed that the desire to have children depended on the ability to provide qualitatively good parenting. More than half the men had discussed with their partner what to do in event of pregnancy and half had decided to have an abortion if a pregnancy occurred. More than half expressed ambivalent feelings about the coming abortion, using words such as anxiety, responsibility, guilt, relief and grief. In spite of these contradictory feelings, prevailing expectations concerning lifestyle make abortion an acceptable form of birth control. A deeper understanding of the complexity of legal abortion makes it necessary to accept the role of paradox, which the ambivalence reflects. Obviously, men must constitute a target group in efforts to prevent abortions. PMID:10528006

  7. Newborn screening cards: a legal quagmire.

    PubMed

    Bowman, Diana M; Studdert, David M

    2011-03-21

    Newborn screening (NBS) programs are a well established and cost-effective method for early identification of genetic disorders. However, a raft of legal questions surrounds the collection, storage, ownership and secondary use of NBS cards. The absence of clear legal rules governing NBS programs in Australia means that there are few straightforward answers to these questions. A series of controversial incidents have exposed this uncertainty in Australia, and remarkably similar controversies have occurred in the United States and European Union. We review the situation, using Victoria as a case study. We also make the case for a dedicated regulatory regime for NBS programs, arguing that the lack of such a regime threatens public trust and the robust operation of NBS programs in Australia. New rules would likely introduce stricter requirements for informed consent at the point of blood collection than has been the norm to date. However, the scope for use of cards in research could expand rather than contract, and it may be possible to reduce the risk that vast card archives will need to be destroyed in response to future public outcries. PMID:21426290

  8. [Temporary disability and its legal implications].

    PubMed

    Martin-Fumadó, Carles; Martí Amengual, Gabriel; Puig Bausili, Lluïsa; Arimany-Manso, Josep

    2014-03-01

    Temporary disability is the condition that workers face when, as the result of illness (common or professional) or accident (work-related or not), they are temporarily prevented from performing their work and require health care. The management of temporary disability is a medical act that involves (in addition to a complex clinical assessment) obvious social, occupational and financial connotations and requires continuing medical follow-up from doctors, as well as responses to medical-legal conflicts. The regulatory framework on the subject is extensive in the Spanish setting and highly diverse in the European setting. Beyond the regulatory framework, the repercussions of temporary disability are self-evident at all levels. Although determining temporary disability is a common medical act for practicing physicians, it is not exempt from risks or difficulties arising from the assessment itself and the characteristics of practicing medical care. Established medical-legal conflicts include the processing of health data and the requirements for transferring information related to workers' temporary disability to their company's medical services. The interest and usefulness demonstrated by the data obtained from forensic medicine for public health require the incorporation of these data into general healthcare information, as it could be essential to the surveillance of worker health. The recommendations established by medical societies, as good practice guidelines, are especially useful in this type of conflict. PMID:24913752

  9. Anticipating Legal Issues in Higher Education

    ERIC Educational Resources Information Center

    Janosik, Steven M.

    2005-01-01

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

  10. 31 CFR 3.22 - Legal review.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

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