Sample records for legal responsibility

  1. 45 CFR 400.115 - Establishing legal responsibility.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... 45 Public Welfare 2 2014-10-01 2012-10-01 true Establishing legal responsibility. 400.115 Section... Child Welfare Services § 400.115 Establishing legal responsibility. (a) A State must ensure that legal responsibility is established, including legal custody and/or guardianship, as appropriate, in accordance with...

  2. 45 CFR 400.115 - Establishing legal responsibility.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 45 Public Welfare 2 2013-10-01 2012-10-01 true Establishing legal responsibility. 400.115 Section... Child Welfare Services § 400.115 Establishing legal responsibility. (a) A State must ensure that legal responsibility is established, including legal custody and/or guardianship, as appropriate, in accordance with...

  3. 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... Child Welfare Services § 400.115 Establishing legal responsibility. (a) A State must ensure that legal responsibility is established, including legal custody and/or guardianship, as appropriate, in accordance with...

  4. 45 CFR 400.115 - Establishing legal responsibility.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... 45 Public Welfare 2 2011-10-01 2011-10-01 false Establishing legal responsibility. 400.115 Section... Child Welfare Services § 400.115 Establishing legal responsibility. (a) A State must ensure that legal responsibility is established, including legal custody and/or guardianship, as appropriate, in accordance with...

  5. 45 CFR 400.115 - Establishing legal responsibility.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ..., ADMINISTRATION FOR CHILDREN AND FAMILIES, DEPARTMENT OF HEALTH AND HUMAN SERVICES REFUGEE RESETTLEMENT PROGRAM Child Welfare Services § 400.115 Establishing legal responsibility. (a) A State must ensure that legal... 45 Public Welfare 2 2012-10-01 2012-10-01 false Establishing legal responsibility. 400.115 Section...

  6. Death with Dignity: A Tripartite Legal Response

    ERIC Educational Resources Information Center

    Leblang, Theodore Raymond

    1978-01-01

    This article provides a descriptive overview of the legal problems that attend medical treatment of the terminally ill patient as well as a careful analysis of the legal vehicles that have been offered in response to these problems--the living will, the antidysthanasia contract, and right to die legislation. (Author)

  7. Legal responsibilities when fitting minors with contact lenses.

    PubMed

    Harris, M G

    2000-02-01

    Practitioners must understand their legal responsibilities in fitting minors with contact lenses, which include informed consent, contractual obligations, and the Statute of Limitations. Minors are children and teenagers who have not yet reached voting age in their state--generally 18 years of age. Informed consent requires permission from the patient before a practitioner performs any treatment. For these young people, this consent generally can only be given by a parent or legal guardian. Minors can repudiate contracts made with them; therefore, the contractual obligation to pay for a contact lens fitting should be established with a parent or legal guardian. In most states, minors have additional time beyond the usual Statute of Limitations to bring a lawsuit. If practitioners recognize their legal responsibilities in caring for these special patients, fitting youngsters with contact lenses can be a rewarding part of practice.

  8. Responsive Legal Approach to Law of Human Trafficking in Indonesia

    ERIC Educational Resources Information Center

    Farhana

    2018-01-01

    Formation and legal changes influenced by the social and political dynamics. Law understood as the rules are rigid and too much emphasis on the legal aspects of the legal system or emphasize aspects of the legitimacy of the rules themselves, without associated with social problems. A Responsive legal approach is an approach the legal establishment…

  9. Legal responses to HIV and AIDS: lessons from Swaziland.

    PubMed

    Shongwe, Musa N

    2017-12-01

    Since 1999, the HIV and AIDS epidemic in Swaziland has been declared a national disaster, and today HIV and AIDS still pose a great threat to the survival and development of Swaziland and its people. The impact of the pandemic necessitated a multi-faceted response from the government. This paper critically evaluates the Swaziland legal response to HIV and AIDS. The objective is to assess whether and to what extent Swazi law addresses human rights issues related to HIV and AIDS. Through the application of a human rights based theory, the paper analyses the domestication of Swaziland's treaty commitments, and the constitutional and the statutory frameworks. The paper advances the importance of "law" as a tool that can create an enabling environment for a national response to HIV and AIDS. It analyses how the government has successfully crafted the normative framework so as to make it responsive to the fight against HIV and AIDS, and the shortcomings of the Swaziland legal system in this fight. The paper argues that even though a credible legal and policy environment is in place, some laws still need to be supplemented, reviewed and amended so that the legal system adequately addresses the human rights issues related to HIV and AIDS. The paper suggests improvements to the legal system which mainly relate to aligning the legal framework with the Constitution of Swaziland and international conventions to which Swaziland is party.

  10. Legal protections to promote response willingness among the local public health workforce.

    PubMed

    Rutkow, Lainie; Vernick, Jon S; Thompson, Carol B; Piltch-Loeb, Rachael; Barnett, Daniel J

    2015-04-01

    The legal environment may improve response willingness among local health department (LHD) workers. We examined whether 3 hypothetical legal protections influence LHD workers' self-reported response willingness for 4 emergency scenarios and whether specific demographic factors are associated with LHD workers' response willingness given these legal protections. Our 2011-2012 survey included questions on demographics and about attitudes and beliefs regarding LHD workers' willingness to respond to 4 emergency scenarios given specific legal protections (i.e., ensuring priority health care for workers' families, granting workers access to mental health services, and guaranteeing access to personal protective equipment). Data were collected from 1238 LHD workers in 3 states. Across scenarios, between 60% and 83% of LHD workers agreed that they would be more willing to respond given the presence of 1 of the 3 hypothetical legal protections. Among the 3 legal protections, a guarantee of personal protective equipment elicited the greatest agreement with improved response willingness. Specific legal protections augment a majority of LHD workers' response willingness. Policymakers must, however, balance improved response willingness with other considerations, such as the ethical implications of prioritizing responders over the general public. (Disaster Med Public Health Preparedness. 2015;9:98-102).

  11. In Law We Trust? Trusted Computing and Legal Responsibility for Internet Security

    NASA Astrophysics Data System (ADS)

    Danidou, Yianna; Schafer, Burkhard

    This paper analyses potential legal responses and consequences to the anticipated roll out of Trusted Computing (TC). It is argued that TC constitutes such a dramatic shift in power away from users to the software providers, that it is necessary for the legal system to respond. A possible response is to mirror the shift in power by a shift in legal responsibility, creating new legal liabilities and duties for software companies as the new guardians of internet security.

  12. 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 Response...

  13. 5 CFR 582.303 - Response to legal process or interrogatories.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... 5 Administrative Personnel 1 2013-01-01 2013-01-01 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 Response...

  14. 5 CFR 582.303 - Response to legal process or interrogatories.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 5 Administrative Personnel 1 2014-01-01 2014-01-01 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 Response...

  15. 5 CFR 582.303 - Response to legal process or interrogatories.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 5 Administrative Personnel 1 2012-01-01 2012-01-01 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 Response...

  16. 5 CFR 582.303 - Response to legal process or interrogatories.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 5 Administrative Personnel 1 2011-01-01 2011-01-01 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 Response...

  17. Global and domestic legal preparedness and response: 2014 Ebola outbreak.

    PubMed

    Hodge, James G

    2015-02-01

    The global rise of Ebola viral diseases in 2014 necessitates legal responses that promote effective public health responses and respect for the health and human rights of populations. Compulsory public health interventions, approval and administration of experimental drugs or vaccines, and allocation of finite resources require difficult choices in law and policy. Crafting legal decisions in real-time emergencies is neither easy nor predictable, but it is essential to controlling epidemics and saving lives.

  18. Registered nurses with disabilities: legal rights and responsibilities.

    PubMed

    Neal-Boylan, Leslie; Miller, Michelle D

    2015-05-01

    The purpose of this legal case review and analysis was to determine what kinds of cases involving nurses with disabilities are typically brought to attorneys, which cases tend to be successful, and how and when a nurse with a disability should pursue legal action. The review used the standard legal case analysis method to analyze legal cases that have been brought by registered nurses (RNs) with physical or sensory disabilities from 1995 to 2013. The cases span the period following the enactment of the Americans With Disabilities Act (ADA) of 1990 through the ADA Amendments Act (ADAAA) of 2008. A nurse attorney reviewed the background material to find every case involving an RN with a disability, excluding those with mental health disabilities or substance abuse issues. Case analysis was conducted using standard legal case analysis procedures. Fifty-six cases were analyzed. The cases were categorized into five types of legal claims: (a) disability discrimination (84%); (b) failure to accommodate (46%); (c) retaliation (12.5%); (d) association (3.6%); and (e) hostile work environment (7%). The cases were largely unsuccessful, particularly those brought under the ADA instead of the ADAAA. The case analysis revealed that several cases brought by RNs with disabilities using the ADA might have been successful under the ADAAA. In addition, the case analysis has provided vital information for administrators, leaders, and clinical nurses regarding when a case is appropriate for legal action. These findings from this review will help nurses recognize when they are being treated in a discriminatory way in the workplace, what their legal rights and responsibilities are, and at what point they should pursue legal action. This review has relevance to all RNs working in clinical and academic settings who may have a congenital or acquired physical or sensory disability. © 2015 Sigma Theta Tau International.

  19. [Is the legally responsible party indeed responsible? An ethical-legal question on the term].

    PubMed

    Fontana-Rosa, Júlio César; Oliveira, Reinaldo Ayer de

    2008-01-01

    The authors discuss the legal and ethical meaning of the expression "Third-Party Consent" by questioning its limits. It is indeed shown that it does not satisfactorily meet what is called third-party consent because this would require legal endorsement by legal codes and norms which, in fact does not occur. As such, the expression "third-party consent", whenever used, may not provide the professional with the normative, ethical and legal support needed for professional performance.

  20. 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.

  1. 16 CFR 1110.15 - Legal responsibility for certificate information.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 16 Commercial Practices 2 2010-01-01 2010-01-01 false Legal responsibility for certificate information. 1110.15 Section 1110.15 Commercial Practices CONSUMER PRODUCT SAFETY COMMISSION CONSUMER PRODUCT... statute and its availability in timely fashion. ...

  2. Legal responsibilities of physicians when making participation decisions in athletes with cardiac disorders: Do guidelines provide a solid legal footing?

    PubMed

    Panhuyzen-Goedkoop, Nicole M; Smeets, Joep L R M

    2014-08-01

    Safe sports participation involves protecting athletes from injury and life-threatening situations. Preparticipation cardiovascular screening (PPS) in athletes is intended to prevent exercise-related sudden cardiac death by medical management of athletes at risk, which may include disqualification from sports participation. The screening physician relies on current guidelines and expert recommendations for management and decision-making. There is concern about false-positive screening results and wrongly grounding an athlete. Similarly, there is a concern about false-negative screening results and athletes participating with potentially lethal disorders. Who is legally responsible if an athlete suddenly dies after a proper PPS resulting in low risk? Several consensus documents based on expert opinion describe only a few lines on legal responsibilities in eligibility screening and disqualification decision-making in athletes. This article discusses legal responsibilities and concerns in eligibility decision-making for physicians. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://group.bmj.com/group/rights-licensing/permissions.

  3. Psychopathic disorder: a category mistake? A legal response to Colin Holmes.

    PubMed Central

    Mackay, I

    1991-01-01

    Holmes is concerned with a conflict between law and medicine about the problem of psychopathy, in particular as it relates to homicide. He looks for a consistent set of legal principles based on a variety of medical concepts and in doing so criticises the court for its commonsense approach, its disregard for medical evidence and for employing lay notions of responsibility and illness. This commentary explores how Holmes's notions fit into existing legal rules and explains how the court seeks the assistance of medical evidence when looking at the evidence as a whole to enable it to decide upon issues of defence, which involve legal and not medical concepts. PMID:1870087

  4. Childbirth Educators' Legal and Ethical Responsibilities to Women in Labor

    PubMed Central

    Philipsen, Nayna Campbell

    2000-01-01

    In answer to a reader's question, the author of this column addresses the legal and ethical responsibilities of a Lamaze Certified Childbirth Educator who agrees to attend her students' drug-free delivery. PMID:17273191

  5. 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.

  6. 40 CFR 85.1907 - Responsibility under other legal provisions preserved.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 40 Protection of Environment 18 2010-07-01 2010-07-01 false Responsibility under other legal provisions preserved. 85.1907 Section 85.1907 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) CONTROL OF AIR POLLUTION FROM MOBILE SOURCES Emission Defect Reporting...

  7. [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.

  8. Learning from Others to Make Sense of the Law: Legal Response Policy Making in Higher Education

    ERIC Educational Resources Information Center

    Glick, David Matthew

    2010-01-01

    This research explores how organizations decide how to respond to the laws that affect them. It investigates how they convert abstract legal changes into concrete policy responses. Much of the legal impact literature focuses exclusively on either on legal institutions and social outcomes, or on the dynamics within organizations. This work…

  9. 5 CFR 581.303 - 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. 581.303 Section 581.303 Administrative Personnel OFFICE OF PERSONNEL MANAGEMENT CIVIL SERVICE REGULATIONS PROCESSING GARNISHMENT ORDERS FOR CHILD SUPPORT AND/OR ALIMONY Compliance With Process § 581.303...

  10. 5 CFR 581.303 - Response to legal process or interrogatories.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 5 Administrative Personnel 1 2011-01-01 2011-01-01 false Response to legal process or interrogatories. 581.303 Section 581.303 Administrative Personnel OFFICE OF PERSONNEL MANAGEMENT CIVIL SERVICE REGULATIONS PROCESSING GARNISHMENT ORDERS FOR CHILD SUPPORT AND/OR ALIMONY Compliance With Process § 581.303...

  11. 5 CFR 581.303 - Response to legal process or interrogatories.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... 5 Administrative Personnel 1 2013-01-01 2013-01-01 false Response to legal process or interrogatories. 581.303 Section 581.303 Administrative Personnel OFFICE OF PERSONNEL MANAGEMENT CIVIL SERVICE REGULATIONS PROCESSING GARNISHMENT ORDERS FOR CHILD SUPPORT AND/OR ALIMONY Compliance With Process § 581.303...

  12. 5 CFR 581.303 - Response to legal process or interrogatories.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 5 Administrative Personnel 1 2014-01-01 2014-01-01 false Response to legal process or interrogatories. 581.303 Section 581.303 Administrative Personnel OFFICE OF PERSONNEL MANAGEMENT CIVIL SERVICE REGULATIONS PROCESSING GARNISHMENT ORDERS FOR CHILD SUPPORT AND/OR ALIMONY Compliance With Process § 581.303...

  13. 5 CFR 581.303 - Response to legal process or interrogatories.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 5 Administrative Personnel 1 2012-01-01 2012-01-01 false Response to legal process or interrogatories. 581.303 Section 581.303 Administrative Personnel OFFICE OF PERSONNEL MANAGEMENT CIVIL SERVICE REGULATIONS PROCESSING GARNISHMENT ORDERS FOR CHILD SUPPORT AND/OR ALIMONY Compliance With Process § 581.303...

  14. [The Road towards the Responsible and Safe Legalization of Cannabis Use in Portugal].

    PubMed

    Baptista-Leite, Ricardo; Ploeg, Lisa

    2018-02-28

    Recently, the world has seen examples of the legalization of cannabis for recreational purposes. Due to the diversity of experiences in progress, it is urgent to analyze the impacts of this legalization, from a public health perspective. Therefore, this article aims to review the accumulated knowledge in the states and countries where the use of cannabis is legal and to ponder over the relevance of starting a similar path towards legalization in Portugal, thus supporting political decisions to be properly informed and evidence-based. An extensive literature review was performed using databases and scientific journals, such as PubMed, as well as the search of institutional documentation, including the EMCDDA and SICAD. The gathered information provided insights and enabled assessment of (1) the acute and chronic effects of cannabis use on health, (2) the Portuguese situation related to cannabis and (3) the processes and lessons learned after the legalization of cannabis in other countries or states. Given the above, and according to the data presented, the authors argue for a safe and responsible strategy towards the legalization of cannabis use in Portugal. In accordance, a set of concrete proposals are presented. From a public health perspective, it is assumed that the interest of this proposal is to reduce the problematic use of cannabis, to effectively fight against illicit drug trafficking and drug-related crime, as well as health promotion and prevention of addictions and other adverse health impacts. This article reveals that the effects of legalization might, contrary to general beliefs, generate positive results with respect to these aims, given that there will be greater control on the market, price, quality, and information - to name a few - if implementation occurs with proper consideration and definition. The debate on the responsible and safe legalization of cannabis use in Portugal should be open and promoted, based on a public health

  15. Emotions and attributions of legal responsibility and blame: a research review.

    PubMed

    Feigenson, Neal; Park, Jaihyun

    2006-04-01

    Research on the effects of emotions and moods on judgments of legal responsibility and blame is reviewed. Emotions and moods may influence decision makers in 3 ways: by affecting their information processing strategies, by inclining their judgments in the direction of the valence of the emotion or mood, and/or by providing informational cues to the proper decision. A model is proposed that incorporates these effects and further distinguishes among various affective influences in terms of whether the affect is provoked by a source integral or incidental to the judgment task, and whether it affects judgment directly (e.g., by providing an informational cue to judgment) or indirectly (e.g., by affecting construal of judgment target features, which in turn affects the judgment). Legal decision makers' abilities to correct for any affective influences they perceive to be undesirable and normative implications for legal theory and practice are briefly discussed.

  16. Are psychiatrists affecting the legal process by answering legal questions?

    PubMed

    Hardie, Timothy; Elcock, Susan; Mackay, R D

    2008-01-01

    Psychiatrists are often asked to answer legal questions. The extent to which they answer strictly legal rather than medical matters is not known. To investigate how strongly psychiatrists in England and Wales express opinions on one legal question - that of diminished responsibility in respect of a murder charge, and how this is related to outcome in court. METHOD Our data were extracted from psychiatric reports and case files supplied by the then Department of Constitutional Affairs (now the Ministry of Justice) on cases heard in the Crown Courts between 1 January 1997 and 31 December 2001 in which the defence of diminished responsibility had been raised. The cases had been selected by the Law Commission in their earlier review of partial defences to murder. We devised a reliable system of rating the presence/absence and strength of expression of a legal opinion in the medical reports. We tested the data for relationship between nature and strength of opinion and progression to trial and verdict. RESULTS Psychiatric reports were available on 143 of 156 cases in which diminished responsibility was considered. They yielded 338 opinions on at least one aspect of diminished responsibility. In 110 (93%) of the 118 cases in which there was a diminished verdict, this was made without trial and, therefore, without reference to a jury. In only eight (27%) out of the 30 cases that went to trial, was a diminished responsibility verdict made. Half of the reports (169) gave a clear opinion on diminished responsibility, a third (121) invited the court to draw a particular conclusion and only 11% (36) provided relevant evidence without answering the legal questions. When there was an opinion or an invitation to make a finding on the legal question, a trial was less likely. A trial was also less likely if reports agreed on what the verdict should be. CONCLUSIONS Psychiatrists frequently answer the legal question of diminished responsibility. The judiciary and medical experts

  17. 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

  18. 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.

  19. The effect of legal and hospital policies on physician response to prenatal substance exposure.

    PubMed

    Mendez, David; Jacobson, Peter D; Hassmiller, Kristen M; Zellman, Gail L

    2003-09-01

    To determine the influence of a state's legal environment and a hospital's Prenatal Substance Exposure (PSE) protocol on physicians' propensity to respond when prenatal substance exposure is suspected. Using a sample of 1367 physicians from every state and the District of Columbia, we formulate a set of linear models to determine the impact of the legal environment and hospital protocol on physicians' response to PSE, the agreement between physicians' perceptions and actual state legal environments, and physicians' motivation to act when PSE is suspected. Both protocol and legal environment showed to be significantly correlated with physicians' propensity to take action when PSE is suspected (p < 0.05). Our analysis shows that physicians prefer a public health (patient-centered) approach to more punitive measures. Our results suggest a policy strategy focused first on enacting laws that would encourage a patient-centered approach, by developing and using hospital protocols to implement state policy, and then on educating physicians about the actual legal environment.

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

    PubMed

    Ahmadiani, Saeed; Nikfar, Shekoufeh

    2016-05-04

    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.

  1. Community-level policy responses to state marijuana legalization in Washington State.

    PubMed

    Dilley, Julia A; Hitchcock, Laura; McGroder, Nancy; Greto, Lindsey A; Richardson, Susan M

    2017-04-01

    Washington State (WA) legalized a recreational marijuana market - including growing, processing and retail sales - through voter initiative 502 in November 2012. Legalized recreational marijuana retail sales began in July 2014. In response to state legalization of recreational marijuana, some cities and counties within the state have passed local ordinances that either further regulated marijuana markets, or banned them completely. The purpose of this study is to describe local-level marijuana regulations on recreational retail sales within the context of a state that had legalized a recreational marijuana market. Marijuana-related ordinances were collected from all 142 cities in the state with more than 3000 residents and from all 39 counties. Policies that were in place as of June 30, 2016 - two years after the state's recreational market opening - to regulate recreational marijuana retail sales within communities were systematically coded. A total of 125 cities and 30 counties had passed local ordinances to address recreational marijuana retail sales. Multiple communities implemented retail market bans, including some temporary bans (moratoria) while studying whether to pursue other policy options. As of June 30, 2016, 30% of the state population lived in places that had temporarily or permanently banned retail sales. Communities most frequently enacted zoning policies explicitly regulating where marijuana businesses could be established. Other policies included in ordinances placed limits on business hours and distance requirements (buffers) between marijuana businesses and youth-related land use types or other sensitive areas. State legalization does not necessarily result in uniform community environments that regulate recreational marijuana markets. Local ordinances vary among communities within Washington following statewide legalization. Further study is needed to describe how such local policies affect variation in public health and social outcomes

  2. Community-level policy responses to state marijuana legalization in Washington State

    PubMed Central

    Dilley, Julia A.; Hitchcock, Laura; McGroder, Nancy; Greto, Lindsey A.; Richardson, Susan M.

    2017-01-01

    Background Washington State (WA) legalized a recreational marijuana market -- including growing, processing and retail sales -- through voter initiative 502 in November 2012. Legalized recreational marijuana retail sales began in July 2014. In response to state legalization of recreational marijuana, some cities and counties within the state have passed local ordinances that either further regulated marijuana markets, or banned them completely. The purpose of this study is to describe local-level marijuana regulations on recreational retail sales within the context of a state that had legalized a recreational marijuana market. Methods Marijuana-related ordinances were collected from all 142 cities in the state with more than 3,000 residents and from all 39 counties. Policies that were in place as of June 30, 2016 - two years after the state’s recreational market opening - to regulate recreational marijuana retail sales within communities were systematically coded. Results A total of 125 cities and 30 counties had passed local ordinances to address recreational marijuana retail sales. Multiple communities implemented retail market bans, including some temporary bans (moratoria) while studying whether to pursue other policy options. As of June 30, 2016, 30% of the state population lived in places that had temporarily or permanently banned retail sales. Communities most frequently enacted zoning policies explicitly regulating where marijuana businesses could be established. Other policies included in ordinances placed limits on business hours and distance requirements (buffers) between marijuana businesses and youth-related land use types or other sensitive areas. Conclusions State legalization does not necessarily result in uniform community environments that regulate recreational marijuana markets. Local ordinances vary among communities within Washington following statewide legalization. Further study is needed to describe how such local policies affect variation

  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. Mental disorder and legal responsibility: the relevance of stages of decision making.

    PubMed

    Kalis, Annemarie; Meynen, Gerben

    2014-01-01

    The paper discusses the relevance of decision-making models for evaluating the impact of mental disorder on legal responsibility. A three-stage model is presented that analyzes decision making in terms of behavioral control. We argue that understanding dysfunctions in each of the three stages of decision making could provide important insights in the relation between mental disorder and legal responsibility. In particular, it is argued that generating options for action constitutes an important but largely ignored stage of the decision-making process, and that dysfunctions in this early stage might undermine the whole process of making decisions (and thus behavioral control) more strongly than dysfunctions in later stages. Lastly, we show how the presented framework could be relevant to the actual psychiatric assessment of a defendant's decision making within the context of an insanity defense. Copyright © 2014 Elsevier Ltd. All rights reserved.

  5. 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

  6. Understanding and meeting your legal responsibilities as a nurse.

    PubMed

    Terry, Louise; Carr, Graham; Halpin, Yvonne

    2017-11-15

    Nurses, midwives and nursing students are legally responsible for their actions. This article discusses the legal standard of care required in relation to nursing and midwifery practice and nurses' professional standards and code of conduct. It examines how courts in the UK determine if nurses have met their duty of care and how nurses must ensure they maintain competence to provide safe care. It examines why organisational knowing - understanding the organisation in which one is employed; its people, values and how it works - is important for all nurses, regardless of their level in the organisation. It also discusses workplace incivility and its adverse effects on nurses, patient care and healthcare organisations. The article explains that if nurses are uncertain why they are doing something, they should investigate this further, because the law expects nurses to be able to justify their actions, or failure to act. ©2017 RCN Publishing Company Ltd. All rights reserved. Not to be copied, transmitted or recorded in any way, in whole or part, without prior permission of the publishers.

  7. 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…

  8. 24 CFR 58.11 - Legal capacity and performance.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 24 Housing and Urban Development 1 2012-04-01 2012-04-01 false Legal capacity and performance. 58... RESPONSIBILITIES General Policy: Responsibilities of Responsible Entities § 58.11 Legal capacity and performance. (a) A responsible entity which believes that it does not have the legal capacity to carry out the...

  9. 24 CFR 58.11 - Legal capacity and performance.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 24 Housing and Urban Development 1 2010-04-01 2010-04-01 false Legal capacity and performance. 58... RESPONSIBILITIES General Policy: Responsibilities of Responsible Entities § 58.11 Legal capacity and performance. (a) A responsible entity which believes that it does not have the legal capacity to carry out the...

  10. Legal Services: Judge Advocate Legal Services

    DTIC Science & Technology

    1996-09-30

    14–14, page 41 Publicity • 14–15, page 41 Insignia • 14–16, page 41 Chapter 15 Contract Law Attorneys, page 43 General • 15–1, page 43 General...Duties • 15–2, page 43 Management • 15–3, page 43 Principles of contract law practice • 15–4, page 43 Contract disputes and litigation support • 15–5...legal matters; and (2) Resolving their personal legal problems whenever possible. m. Contract law responsibilities. TJAG will provide— (1) Technical

  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. Determining legal responsibility in otolaryngology: a review of 44 trials since 2008.

    PubMed

    Svider, Peter F; Husain, Qasim; Kovalerchik, Olga; Mauro, Andrew C; Setzen, Michael; Baredes, Soly; Eloy, Jean Anderson

    2013-01-01

    Medicolegal factors contribute to increasing healthcare costs through the direct costs of malpractice litigation, malpractice insurance premiums, and defensive medicine. Malpractice litigation trends are constantly changing as a result of technological innovations and changes in laws. In this study, we examine the most recent legal decisions related to Otolaryngology and characterize the factors responsible for determining legal responsibility. The Westlaw legal database (Thomson Reuters, New York, NY) was used to search for jury verdicts since 2008 in Otolaryngology malpractice cases. The 44 cases included in this analysis were studied to determine the procedures most commonly litigated and progressing to trial, as well as the year, location, alleged cause of malpractice, specialty of co-defendants, and case outcomes. Out of the 44 cases included in this analysis, physicians were not found liable in 36 (81.8%) cases. Rhinologic procedures comprised 38.6% of cases litigated, and rulings were in physicians' favor in 66.7% of endoscopic sinus surgery (ESS) cases and all non-ESS rhinologic cases. A perceived lack of informed consent was noted in 34.1% of cases. The 8 jury awards averaged $940,000 (range, $148,000-$3,600,000). Otolaryngologists were not found liable in the majority of cases reviewed. Rhinologic surgeries were the most common procedures resulting in litigation. Adenotonsillectomies, thyroidectomies, and airway management are also well-represented. Perceived deficits in informed consent and misdiagnosis were noted in a considerable proportion of otolaryngologic malpractice cases resulting in jury decisions. Copyright © 2013 Elsevier Inc. All rights reserved.

  13. Response to "The Shaky Legal Foundations of the Global Human Rights Education Project"

    ERIC Educational Resources Information Center

    Tibbitts, Felisa

    2015-01-01

    This article is a response to "The Shaky Legal Foundations of the Global Human Rights Education Project," an article written by Barend Vlaardingerbroek, in which Vlaardingerbroek characterizes current practices of human rights education (HRE) as having an overriding agenda of activism, one that can draw on an ideologically-driven…

  14. 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.

  15. [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. © Georg Thieme Verlag KG Stuttgart · New York.

  16. Fuller on Legal Education.

    ERIC Educational Resources Information Center

    Summers, Robert S.

    1984-01-01

    The perspectives of Lon L. Fuller on legal education in the 1940s and 1950s is outlined, including the responsibilities and tasks of the lawyer, curricular deficiencies, pedagogical deficiencies, the need for and objectives of a course in jurisprudence, research needs, and obstacles to good legal education. (MSE)

  17. 49 CFR 568.7 - Requirements for manufacturers who assume legal responsibility for a vehicle.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 49 Transportation 6 2013-10-01 2013-10-01 false Requirements for manufacturers who assume legal responsibility for a vehicle. 568.7 Section 568.7 Transportation Other Regulations Relating to Transportation (Continued) NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION VEHICLES MANUFACTURED IN TWO OR MORE STAGES-ALL...

  18. Social Responsibility and the State's Duty to provide Healthcare: An Islamic Ethico-Legal Perspective.

    PubMed

    Padela, Aasim I

    2017-12-01

    The United Nations Educational, Scientific and Cultural Organization's (UNESCO) Declaration on Bioethics and Human Rights asserts that governments are morally obliged to promote health and to provide access to quality healthcare, essential medicines and adequate nutrition and water to all members of society. According to UNESCO, this obligation is grounded in a moral commitment to promoting fundamental human rights and emerges from the principle of social responsibility. Yet in an era of ethical pluralism and contentions over the universality of human rights conventions, the extent to which the UNESCO Declaration can motivate behaviors and policies rests, at least in part, upon accepting the moral arguments it makes. In this essay I reflect on a state's moral obligation to provide healthcare from the perspective of Islamic moral theology and law. I examine how Islamic ethico-legal conceptual analogues for human rights and communal responsibility, ḥuqūq al-'ibād and farḍ al-kifāyah and other related constructs might be used to advance a moral argument for healthcare provision by the state. Moving from theory to application, I next illustrate how notions of human rights and social responsibility were used by Muslim stakeholders to buttress moral arguments to support American healthcare reform. In this way, the paper advance discourses on a universal bioethics and common morality by bringing into view the concordances and discordances between Islamic ethico-legal constructs and moral arguments advanced by transnational health policy advocates. It also provides insight into applied Islamic bioethics by demonstrating how Islamic ethico-legal values might inform the discursive outputs of Muslim organizations. © 2016 John Wiley & Sons Ltd.

  19. [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.

  20. Ethical and Legal Issues Associated with Using Response-to-Intervention to Assess Learning Disabilities

    ERIC Educational Resources Information Center

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

    2008-01-01

    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.…

  1. 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 Contracts and Property Management Federal Travel Regulation System TEMPORARY DUTY (TDY) TRAVEL ALLOWANCES... that all due process and legal requirements have been met? You are responsible for ensuring that all...

  2. Ethical and Legal Responsibilities of Counselors.

    ERIC Educational Resources Information Center

    Glennen, Robert E.

    In the aftermath of the Watergate scandal, each profession is reviewing its ethical practices. This paper assists in this renewal by citing the code of ethical standards of APGA; reviewing the laws of the State of Nevada regarding privileged communications; and covering the legal aspects which relate to counseling situations. (Author)

  3. A comparison of the responsible drinking dimensions among underage and legal drinkers: examining differences in beliefs, motives, self-efficacy, barriers and intentions.

    PubMed

    Barry, Adam E; Stellefson, Michael L; Woolsey, Conrad L

    2014-01-22

    To date, scholarly discourse over the Amethyst Initiative has primarily debated the relative effectiveness of the 21 year-old Minimum Legal Drinking Age (MLDA). Unfortunately, this discourse has failed to account for the Amethyst Initiative's central tenet/mission: facilitating responsible drinking among college students. This investigation seeks to help fill this gap by quantitatively determining whether a random sample of underage (n = 158) and legal (n = 298) drinkers differed with regard to their alcohol-related behaviors, responsible drinking behaviors, and responsible drinking beliefs. Compared to legal drinkers, underage drinkers reported: (a) significantly less confidence to perform responsible drinking behaviors during their next drinking episode [t(446) = -2.97, p < .003; d = -0.297], (b) significantly more perceived barriers to responsible drinking [t(388) = 3.44, p < .001; d = .368], and (c) significantly lower behavioral intentions to perform responsible drinking behaviors the next time they consumed alcohol [t(437) = -3.45, p < .001; d = -0.350]. Each of these differences remained statistically significant, even after controlling for sex and race, in three separate multiple linear regression models. While college students both above and below the 21 year-old MLDA have similar beliefs regarding what constitutes responsible drinking, students below the current MLDA have less intention to drink responsibly regardless of their behavioral beliefs and/or motives. College/university administrators should consider the negative repercussions that are possible if underage students who are less confident in their ability to drink responsibly are given the legal right to drink on campus.

  4. Legal and regulatory responses to innovative treatment.

    PubMed

    Chan, Tracey Evans

    2013-01-01

    Developments in medical technology, healthcare delivery, and commercial interests in medicine have increased both the potential for conflicts of interest on the part of physicians, and doubts over the sufficiency of patient autonomy as a justification for administering innovative therapy. The legal and regulatory treatment of innovative therapy is therefore an important question, on which there is a current lack of consensus on a number of issues. This paper discusses recent developments in Singapore and uses them as a springboard to flesh out basic regulatory issues that arise from the deployment of innovative treatment: the distinction between innovative treatment and clinical research, the adequacy of the current post hoc scrutiny of innovative therapy under existing legal principles and the need for further specialised regulatory oversight.

  5. The Trouble with Legal Ethics.

    ERIC Educational Resources Information Center

    Simon, William H.

    1991-01-01

    The conceptions of legal ethics or professional responsibility as (1) disciplinary rules or codes; and (2) as the personal moralities of individual lawyers prevail. However, it is the application of general norms to specific circumstances through complex, creative judgment that is the ethical component of the ideal of legal professionalism. (MSE)

  6. 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. © 2014 American Academy of Psychiatry and the Law.

  7. A comparison of the responsible drinking dimensions among underage and legal drinkers: examining differences in beliefs, motives, self-efficacy, barriers and intentions

    PubMed Central

    2014-01-01

    Background To date, scholarly discourse over the Amethyst Initiative has primarily debated the relative effectiveness of the 21 year-old Minimum Legal Drinking Age (MLDA). Unfortunately, this discourse has failed to account for the Amethyst Initiative’s central tenet/mission: facilitating responsible drinking among college students. This investigation seeks to help fill this gap by quantitatively determining whether a random sample of underage (n = 158) and legal (n = 298) drinkers differed with regard to their alcohol-related behaviors, responsible drinking behaviors, and responsible drinking beliefs. Findings Compared to legal drinkers, underage drinkers reported: (a) significantly less confidence to perform responsible drinking behaviors during their next drinking episode [t(446) = -2.97, p < .003; d = -0.297], (b) significantly more perceived barriers to responsible drinking [t(388) = 3.44, p < .001; d = .368], and (c) significantly lower behavioral intentions to perform responsible drinking behaviors the next time they consumed alcohol [t(437) = -3.45, p < .001; d = -0.350]. Each of these differences remained statistically significant, even after controlling for sex and race, in three separate multiple linear regression models. Conclusion While college students both above and below the 21 year-old MLDA have similar beliefs regarding what constitutes responsible drinking, students below the current MLDA have less intention to drink responsibly regardless of their behavioral beliefs and/or motives. College/university administrators should consider the negative repercussions that are possible if underage students who are less confident in their ability to drink responsibly are given the legal right to drink on campus. PMID:24450336

  8. 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.

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

    PubMed

    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. Copyright © 2015. Published by Elsevier Ltd.

  10. 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

  11. Support for Marijuana Legalization and Predictors of Intentions to Use Marijuana More Often in Response to Legalization Among U.S. Young Adults.

    PubMed

    Cohn, Amy M; Johnson, Amanda L; Rose, Shyanika W; Rath, Jessica M; Villanti, Andrea C

    2017-01-28

    As of 2015, more than half of U.S. states have legalized, medicalized, or decriminalized marijuana. This study examined the prevalence and correlates of support for marijuana legalization in a national sample of young adults and the intention to use marijuana more frequently if it were legalized. Data were from Wave 7 (weighted N = 3532) of the Truth Initiative Young Adult Cohort, a national sample of men and women aged 18-34. We assessed demographics, past 30-day substance (alcohol, tobacco, marijuana, other drug use), depression and anxiety, social smoking, marijuana harm perceptions (relative to cigarettes), and state-level marijuana policies as correlates of support for marijuana legalization and intentions to use marijuana more often if it were legalized. Multivariable models of correlates of support for legalization and intentions to use marijuana were conducted separately for the full sample and for nonmarijuana users. Weighted estimates showed that 39% of the full sample and 9% of nonmarijuana users supported marijuana legalization. Multivariable models showed that lower marijuana harm perceptions and lifetime and past 30-day tobacco use were common predictors of support for marijuana legalization and intentions to use marijuana among non-users of marijuana. Conclusions/Importance: Over a third of the sample supported marijuana legalization. Tobacco use and perceptions that marijuana is less harmful than cigarettes were robust risk correlates of support for marijuana legalization and intentions to use more frequently among nonusers. Public health campaigns should target these factors to deter marijuana-related harm in susceptible young adults.

  12. [Agustín Moreno: scientific psychology and women's legal responsibility in Spain].

    PubMed

    Bandrés, Javier; Llavona, Rafael

    2011-11-01

    Agustín Moreno Rodríguez (1886-1967) studied Medicine and Natural Sciences at the Central University of Spain, in Madrid. He was a student of Dr. Luis Simarro, the University's professor of Experimental Psychology and of Tomas Maestre, the University's professor of Medical Law, Toxicology and Psychiatry. In 1910, he published the text The woman's civil and penal responsibility during the menstrual period. In this work, he approaches the question of the legal responsibility of women, based on the principle of excitation/reaction of Claude Bernard and on his personal version of the concept of iteration elaborated by Luis Simarro. Dr. Moreno also defends the thesis that menstruation adds some uniqueness to the function of the feminine psyche and, therefore, modifies the responsibility of a woman's actions. We also comment on the predominant approach to the mind of women in the Spanish scientific psychology of that time and the reaction of the Spanish feminist intellectuals.

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

    DOE Office of Scientific and Technical Information (OSTI.GOV)

    Domby, A.H.

    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;more » 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

  14. [Legal repercussions of Clinical Ethics Committees reports].

    PubMed

    Couceiro V, Azucena; Beca I, Juan Pablo

    2006-04-01

    Clinical Ethics Committees and Research Ethics Committees have their own specific roles. The Clinical Ethics Committee's pronouncements have an advisory function, whereas Research Ethics Committees' decisions are binding. This article analyzes the legal impact of the Clinical Ethics Committees' reports. Legal and medical reasoning share the same practical nature. Both can have several correct answers to the same situation. Clinical Ethics Committees deliberate about these alternatives and analyze the involved values. Their conclusions are non-compulsory recommendations. They do not replace nor diminish the doctor's personal responsibility. Even though the Clinical Ethics Committees' reports are not binding, they constitute a sort of "expert's opinion", expressed by qualified professionals, who assume their own professional responsibility as advisors. The members' behavior is necessarily subject to constitutional and legal regulations. When judges review the Clinical Ethics Committee's reports, they must realize that their nature is advisory, and also consider them an essential element to reduce the gap between the medical and legal fields. In this way, the problem of increasingly transforming medicine into a legal issue can be prevented.

  15. Responsibilities of directors of not-for-profit corporations faced with sharing control with other nonprofit organizations in health industry affiliations: a commentary on legal and practical realities.

    PubMed

    Bryant, L E

    1998-01-01

    This article concerns the legal responsibilities of not-for-profit corporation directors in merges and affiliations with other not-for-profits. The article considers three sets of legal duties board members have, ancillary contractual obligations, madatory statutes and procedural laws, and contextual legal duties.

  16. The Reach and Limits of Legal Education.

    ERIC Educational Resources Information Center

    Schwartz, Murray L.

    1982-01-01

    Recent studies of the state of legal education and the practice of law are criticized, and legal education is found to be healthy. Practical and professional responsibility training is recommended for post-law school training rather than in the classical curriculum. (MSE)

  17. Moral and Civic Education and Teaching about Religion. Handbook on the Legal Rights and Responsibilities of School Personnel and Students.

    ERIC Educational Resources Information Center

    Strazicich, Mirko, Ed.

    Adopted by the California State Board of Education on June 10, 1988, this handbook outlines the legal rights and responsibilities that school personnel have and their educational responsibilities in such areas as morality, democratic values, and religion in the schools. Section I, "Moral Values and Public Education," addresses the issues…

  18. Legalizing the Intolerable Is a Bad Idea.

    ERIC Educational Resources Information Center

    Hawley, Richard A.

    1991-01-01

    History reveals that drug legalization accelerates new use and contributes to a larger population of chronic users. When states energetically enforce antidrug laws and policies, illegal drug use is reduced and eliminated. Drug use is incompatible with healthy child development and learning. Legalizing drugs is the shallowest response to the…

  19. Legal Aspects of Internet Filtering in Public Libraries.

    ERIC Educational Resources Information Center

    Elsner, Edward J.

    2001-01-01

    Examines the legal issues surrounding Internet filtering in public libraries. Discusses First Amendment rights and responsibilities; recent court cases; legal problems with limiting Internet access; librarian intervention; less restrictive means to protect minors from harmful materials; and possible liability issues. (LRW)

  20. Homelessness and the Public's Health: Legal Responses.

    PubMed

    Hodge, James G; DiPietro, Barbara; Horton-Newell, Amy E

    2017-03-01

    This commentary addresses public health issues underlying homelessness and related law, policy, and advocacy options. After framing public health issues for affected individuals and the community, legal and policy approaches and related barriers are assessed. Major topics include deficits in housing availability, the role of state-based Medicaid programs, criminalization of homelessness, and the use of emergency declarations seeking to address particular issues related to homelessness in select states and localities.

  1. Legal aspects of clinical ethics committees.

    PubMed

    Hendrick, J

    2001-04-01

    In an increasingly litigious society where ritual demands for accountability and "taking responsibility" are now commonplace, it is not surprising that members of clinical ethics committees (CECs) are becoming more aware of their potential legal liability. Yet the vulnerability of committee members to legal action is difficult to assess with any certainty. This is because the CECs which have been set up in the UK are--if the American experience is followed--likely to vary significantly in terms of their functions, procedures, composition, structures and authority. As a consequence it is difficult to generalize about the legal implications. Nevertheless, despite these difficulties this article will outline the broad legal principles governing the potential liability of committee members. It will also consider the relationship between CECs and the courts. It begins, however, with a brief analysis of the relationship between ethics and law in committee deliberations, and in particular of the role of law and legal expertise on CECs.

  2. 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. © 2011 Blackwell Publishing Ltd.

  3. Assessing potential legal responses to medical ghostwriting: effectiveness and constitutionality

    PubMed Central

    Chen, Chung-Lin

    2018-01-01

    Abstract Pharmaceutical companies are extensively involved in shaping medical knowledge to market their products to physicians and consumers. Specialized planning is undertaken to produce scientific articles driven by commercial interests. Rather than the listed authors, hidden analysts and publication management firms hired by pharmaceutical companies are often responsible for the content of scientific articles. Such ghostwriting practices raise serious concerns regarding the integrity of knowledge and thus demand urgent attention. This paper analyses the strategies of legal regulation on medical ghostwriting and their comparative advantages and disadvantages. Many of regulatory proposals suffer from a lack of effectiveness, whereas others are subject to constitutional concerns. The analysis in this paper offers insights into framing adequate regulation; it supports the strategy for reforming the structure of information production while calling for cautiousness in shaping its regulatory outline. In addition, this paper contributes to the analysis of First Amendment jurisprudence, suggesting that the judiciary should allow a certain amount of leeway for political branches to develop effective regulation PMID:29707217

  4. Obstetric violence: A Latin American legal response to mistreatment during childbirth.

    PubMed

    Williams, Caitlin R; Jerez, Celeste; Klein, Karen; Correa, Malena; Belizán, José M; Cormick, Gabriela

    2018-05-04

    Over the last several years, a new legal construct has emerged in Latin America that encompasses elements of quality of obstetric care and mistreatment of women during childbirth - both issues of global maternal health import. Termed "obstetric violence," this legal construct refers to disrespectful and abusive treatment that women may experience from health care providers during pregnancy, childbirth, and the postpartum period, as well as other elements of poor quality care, such as failure to adhere to evidence-based best practices. This new legal term emerged out of concerted efforts by women's groups and networks, feminists, professional organizations, international and regional bodies, and public health agents and researchers to improve the quality of care that women receive across the region. This article is protected by copyright. All rights reserved. This article is protected by copyright. All rights reserved.

  5. [International legal aspects of responsibility of states and international organizations for the spread of epidemics, pandemics and mass disease].

    PubMed

    Kholikov, I V; Sazonova, K L

    2015-08-01

    The present article deals with international legal issues that arise in case when various mass diseases go beyond any national jurisdiction. The emphasis is made on the problem of international responsibility, which different actors have to bear in such cases. The authors also examine the implementation of responsibility mechanism, including the indentication of the relevant international court, authorized to establish such liability and identify the specific forms of its realization.

  6. 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)

  7. 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.

  8. 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

  9. Legal considerations during pediatric emergency mass critical care events.

    PubMed

    Courtney, Brooke; Hodge, James G

    2011-11-01

    Recent public health emergencies, such as the 2009 Influenza A/H1N1 Pandemic and Hurricane Katrina, underscore the importance of developing healthcare response plans and protocols for disasters impacting large populations. Significant research and scholarship, including the 2009 Institute of Medicine report on crisis standards of care and the 2008 Task Force for Mass Critical Care recommendations, provide guidance for healthcare responses to catastrophic emergencies. Most of these efforts recognize but do not focus on the unique needs of pediatric populations. In 2008, the Centers for Disease Control and Prevention supported the formation of a task force to address pediatric emergency mass critical care response issues, including legal issues. Liability is a significant concern for healthcare practitioners and facilities during pediatric emergency mass critical care that necessitates a shift to crisis standards of care. This article describes the legal considerations inherent in planning for and responding to catastrophic health emergencies and makes recommendations for pediatric emergency mass critical care legal preparedness. The Pediatric Emergency Mass Critical Care Task Force, composed of 36 experts from diverse public health, medical, and disaster response fields, convened in Atlanta, GA, on March 29-30, 2010, to review the pediatric emergency mass critical care recommendations developed by a 17-member steering committee. During the meeting, experts determined that the recommendations would be strengthened by a manuscript addressing legal issues. Authors drafted the manuscript through consensus-based study of peer-reviewed research, literature reviews, and expert opinion. The manuscript was reviewed by Pediatric Emergency Mass Critical Care Steering Committee members and additional legal counsel and revised. While the legal issues associated with providing pediatric emergency mass critical care are not unique within the overall context of disaster healthcare

  10. 28 CFR 543.11 - Legal research and preparation of legal documents.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 28 Judicial Administration 2 2014-07-01 2014-07-01 false Legal research and preparation of legal... INSTITUTIONAL MANAGEMENT LEGAL MATTERS Inmate Legal Activities § 543.11 Legal research and preparation of legal... program or work assignment), to do legal research and to prepare legal documents. Where practical, the...

  11. 28 CFR 543.11 - Legal research and preparation of legal documents.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 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 legal... program or work assignment), to do legal research and to prepare legal documents. Where practical, the...

  12. 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... INSTITUTIONAL MANAGEMENT LEGAL MATTERS Inmate Legal Activities § 543.11 Legal research and preparation of legal... program or work assignment), to do legal research and to prepare legal documents. Where practical, the...

  13. 28 CFR 543.11 - Legal research and preparation of legal documents.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 28 Judicial Administration 2 2012-07-01 2012-07-01 false Legal research and preparation of legal... INSTITUTIONAL MANAGEMENT LEGAL MATTERS Inmate Legal Activities § 543.11 Legal research and preparation of legal... program or work assignment), to do legal research and to prepare legal documents. Where practical, the...

  14. 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... INSTITUTIONAL MANAGEMENT LEGAL MATTERS Inmate Legal Activities § 543.11 Legal research and preparation of legal... program or work assignment), to do legal research and to prepare legal documents. Where practical, the...

  15. Legal Services: The Army Legal Assistance Program

    DTIC Science & Technology

    1996-02-21

    Army Regulation 27–3 Legal Services The Army Legal Assistance Program Headquarters Department of the Army Washington, DC 21 February 1996 REPORT...1996 to xx-xx-1996 4. TITLE AND SUBTITLE The Army Legal Assistance Program Unclassified 5a. CONTRACT NUMBER 5b. GRANT NUMBER 5c. PROGRAM ELEMENT...Z39.18 SUMMARY of CHANGE AR 27–3 The Army Legal Assistance Program This change 2 corrects the title page of this regulation. This change 2-- o Corrects

  16. 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…

  17. Transforming the Legal Studies Classroom: Clickers and Engagement

    ERIC Educational Resources Information Center

    Park, Susan; Farag, Denise

    2015-01-01

    In this article the authors address the use of a personal response system ("clickers") in legal studies courses. As legal studies professors, the authors both found that the use of clickers transformed their classrooms--both professors and students are more engaged in the material and in the process of teaching and learning. Building off…

  18. 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

  19. Parents of minors who have sexually abused: legal liability and clinical interventions.

    PubMed

    Oz, Sheri

    2013-01-01

    While children and adolescents generally do not have the right to vote, marry, or sign contracts independently, they are often held responsible for their crimes. In spite of this, some parents of minor victims file civil suits against parents of the youth responsible for the harm. The courts must then decide to what extent, if any, parents are legally liable when their minor children commit offenses. Since parents are essential to the successful rehabilitation of minors who have sexually offended, the impact of legal liability on parental engagement in therapy must be examined. This article will explore the conflicting issues of age, legal responsibility, parental responsibility, and therapeutic effectiveness in the Israeli context and propose a means for resolution.

  20. 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…

  1. 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

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

    2013-04-26

    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. 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. 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. 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 national HIV responses.

  2. 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

  3. Ethics committees and the legality of research

    PubMed Central

    Douglas, T M

    2007-01-01

    One role of research ethics committees (RECs) is to assess the ethics of proposed health research. In some countries, RECs are also instructed to assess its legality. However, in other countries they are explicitly instructed not to do so. In this paper, I defend the claim that public policy should instruct RECs not to assess the legality of proposed research (“the Claim”). I initially defend a presumption in favour of the Claim, citing reasons for making research institutions solely responsible for assessing the legality of their own research. I then consider three arguments against the Claim which may over‐ride this presumption—namely, that policy should instruct RECs to assess the legality of research because (1) doing so would minimise the costs of assessing the legality of research, (2) whether research is legal may partly determine whether it is ethical and (3) whether research is legal may constitute evidence for whether it is ethical. I reject the first two arguments and note that whether the third succeeds depends on the answer to a more fundamental question about the appropriate nature of REC ethical deliberation. I end with a brief discussion of this question, tentatively concluding that the third argument also fails. PMID:18055906

  4. 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

  5. [Judicial and medical/legal aspects of the responsibility of workers appointed to carry out first aid].

    PubMed

    Caprioli, L C; Ciavarella, M; Sacco, A

    2005-01-01

    One of the innovations introduced by law 626/94 [the Italian law on occupational health and safety of workers] is the obligation of the employer to designate workers responsible for first aid. To identify and discuss the duties, the role and the medical and legal responsibility of workers appointed to carry out first aid measures. Analysis of legislation and current practice concerning medical and legal responsibility in first aid procedures. The worker appointed to carry out first aid measures is, by virtue of his appointment, obliged to take action. Therefore, he could commit an illegitimate act both by "acting" and by "omitting" to carry out a duty that is his responsibility. In the first case the worker could be accused of committing an unpremeditated criminal offence when his actions involve negligence, imprudence, inexperience or violation of regulations concerning his duties. A "serious criminal offence" is committed when the most elementary rules of diligence, prudence and skill are violated; the offence is "slight" when negligence, imprudence or inexperience are involved in particularly complex situations. The reference parameter for inexperience is not a first aid volunteer, nor a member of the public, but a worker designated to carry out first aid possessing "average" attitudes, training and ability. Briefly, a guilty error by the appointed worker consists of the following: i) the professional conduct of the operator was clearly wrong, serious and unjustifiable; ii) the operator clearly omitted doing his/her duty; iii) the consequence of the error is physical personal damage. The observations made clearly illustrate the delicacy of the tasks of the worker appointed to carry out first aid measures. Essential elements for minimizing wrong and/or negligent conduct are appropriate choice of the designated workers and their adequate training.

  6. Personnel References: Balancing Professional Responsibilities against Potential Legal Action.

    ERIC Educational Resources Information Center

    Hernandez, David E.; Bozeman, William C.

    1989-01-01

    Personnel references, comprising a major component in the employee screening and selection process, are viewed from three perspectives: types of information contributed, use of such information in decision-making, and legal implications of contributing the information. Advice is provided for reducing the probability of a successful suit. Includes…

  7. Trust Mines: Legal Documents and Settlements

    EPA Pesticide Factsheets

    Legal Documents and Settlements related to the Northern Abandoned Uranium Mines Region including the Phase 1 Settlement Agreement and Environmental Response Trust Agreement, Phase 2 Settlement Agreement Removal Site Evaluation (RSE) Trust Agreement.

  8. 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…

  9. Field amputation: response planning and legal considerations inspired by three separate amputations.

    PubMed

    Raines, Alexander; Lees, Jason; Fry, William; Parks, Aaron; Tuggle, David

    2014-01-01

    Surgical procedures in the field are occasionally required as life-saving measures. Few centers have a planned infrastructure for field physician support. Focused efforts are needed to create teams that can meet such needs. Additionally, certain legal issues surrounding these efforts should be considered. Three cases of field dismemberment inspired this call for preparation. In one case, an earthquake caused the collapse of a bridge, entrapping a child within a car. A through-knee amputation was required to free the patient with local anesthetic only. The second case was the result of a truck bomb causing the collapse of a building whereby a victim was trapped by a pillar. After retrieval of supplies from a local hospital, a through-knee amputation was performed. The third case involved a young man whose arm became entangled in an oil derrick. This patient was sedated and intubated in an erect position and the arm was amputated. Fortunately, each of these victims survived. However, the care these patients received was unplanned and had the potential for failure. The authors feel that disaster teams, including a surgeon, should be identified in advance as responders to a disaster on short notice. Legal issues including statespecific Good Samaritan laws and financial support systems must also be considered. As hospitals and trauma systems prepare for disaster situations, they should consider the eventuality of field dismemberment. This involves identifying a team, including a surgeon, and devising an infrastructure allowing rapid response capabilities, including surgical procedures in the field.

  10. [Common law study of the legal responsibility of health care staff related to drug reformulation].

    PubMed

    Reche-Castex, F J; Alonso Herreros, J M

    2005-01-01

    To analyze the responsibility of health care staff in drug reformulation (change of dose, pharmaceutical form or route of administration of medicinal products) based on the common law of the High Court and the National Court. Search and analysis of common law and legal studies included in databases "El Derecho", "Difusión Jurídica" and "Indret". Health care staff has means--not outcomes--obligations according to the care standards included in the "Lex Artis" that can go beyond the mere legal standards. Failure to apply these care standards, denial of assistance or disrespect to the autonomy of the patient can be negligent behavior. We found 4 cases in common law. In the two cases in which care standards were complied with, including reformulation, health care professionals were acquitted, whereas in the other two cases in which reformulations were not used even though the "Lex Artis" required them, the professionals were condemned. Reformulation of medicinal products, as set forth in the Lex Artis, is a practice accepted by the High Court and the National Court and failure to use it when the scientific knowledge advises so is a cause for conviction.

  11. Neuroscience, ethics and legal responsibility: the problem of the insanity defense. Commentary on "The ethics of neuroscience and the neuroscience of ethics: a phenomenological-existential approach".

    PubMed

    Smith, Steven R

    2012-09-01

    The insanity defense presents many difficult questions for the legal system. It attracts attention beyond its practical significance (it is seldom used successfully) because it goes to the heart of the concept of legal responsibility. "Not guilty by reason of insanity" generally requires that as a result of mental illness the defendant was unable to distinguish right from wrong at the time of the crime. The many difficult and complex questions presented by the insanity defense have led some in the legal community to hope that neuroscience might help resolve some of these problems, but that hope is not likely to be realized.

  12. Can We Measure Immigrants’ Legal Status? Lessons from Two U.S. Surveys

    PubMed Central

    Bachmeier, James D.; Van Hook, Jennifer; Bean, Frank D.

    2014-01-01

    This research note examines response and allocation rates for legal status questions asked in publicly available U.S. surveys to address worries that the legal status of immigrants cannot be reliably measured. Contrary to such notions, we find that immigrants’ response rates to questions about legal status are typically not higher than response rates to other immigration-related questions, such as country of birth and year of immigration. Further exploration of two particular surveys – the Los Angeles Family and Neighborhood Survey (LAFANS) and the Survey of Income and Program Participation (SIPP) – reveals that these data sources produce profiles of the unauthorized immigrant population that compare favorably to independently estimated profiles. We also find in the case of the SIPP that the introduction of legal status questions does not appear to have an appreciable “chilling effect” on the subsequent survey participation of unauthorized immigrant respondents. Based on the results, we conclude that future data collection efforts should include questions about legal status in order to (a) improve models of immigrant incorporation and (b) better position assimilation research to inform policy discussions. PMID:25525285

  13. Citizen Access to Legal Information.

    ERIC Educational Resources Information Center

    Andrus, Kay L.

    1987-01-01

    Describes activities by the American Bar Association and other groups aimed at educating the public about their legal rights and responsibilities, including informational pamphlets and brochures issued by state bar associations. These public service information pamphlets are listed by state and the address of each state's bar association is…

  14. What is legal medicine--are legal and forensic medicine the same?

    PubMed

    Beran, Roy G

    2010-04-01

    Some consider the terms "forensic" and "legal" medicine to be synonymous but this is counter to the title of the Faculty of Forensic and Legal Medicine or the dual strands for progression to fellowship of the Australian College of Legal Medicine. The paper examines a very brief historical background to legal medicine and develops a definition of the strands thereof, namely legal and forensic medicine. It demonstrates that the two are different components of the application of medical knowledge upon the legal system. Legal medicine has greater relevance to civil and tort law, impacting upon patient care, whereas forensic medicine relates to criminal law and damage to, or by, patients.

  15. Legal Forum: Sexual Harassment in Employment.

    ERIC Educational Resources Information Center

    McCarthy, Martha M.

    1983-01-01

    Examines the law and court litigation to determine what constitutes sexual harassment in employment; explores employer responsibilities in discouraging or dealing with sexual harassment; and discusses legal remedies available to victims of sexual harassment in the work environment. (MJL)

  16. 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…

  17. Legally high? Legal considerations of Salvia divinorum.

    PubMed

    Griffin, O Hayden; Miller, Bryan Lee; Khey, David N

    2008-06-01

    The legal status of the hallucinogenic plant Salvia divinorum has been rapidly changing. Legal prohibitions on this plant native to Oaxaca, Mexico have emerged at the state level, a phenomenon that has not occurred since the passage of the Controlled Substances Act (CSA). Included will be a brief description of the plant that has only recently crept into the popular American consciousness, and a review of the different legal mechanisms through which states have controlled the plant and the pending legislation proposing controls. Lastly, the implications of various state laws are discussed.

  18. "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.

  19. A Study of Legal Manpower Demand and Supply in Pennsylvania.

    ERIC Educational Resources Information Center

    Durkee, Frank M.

    This study was directed toward an examination of the legal manpower system and its response to needs in Pennsylvania. Information based on surveys is presented on: (1) lawyer-population ratios by counties, lawyer-area ratios by counties, and lawyer ratios to population and area in the State; (2) legal manpower demand in terms of correlations…

  20. The Law and Emergencies: Surveillance for Public Health–Related Legal Issues During Hurricanes Katrina and Rita

    PubMed Central

    Weiss, Rachel I.; McKie, Karen L.; Goodman, Richard A.

    2007-01-01

    Law influenced every aspect of the public health response to Hurricanes Katrina and Rita, from evacuation orders, to waivers of medical licensing requirements, to the clean-up of public health threats on private property. We used public health surveillance of news reports to identify and characterize legal issues arising during the disaster response in 5 Gulf Coast states. Data collected from news reports of the events in real time were followed-up by interviews with selected state legal and emergency management officials. Our analysis indicates the value of surveillance during and after emergency responses in identifying public health–related legal issues and helps to inform the strengthening of legal preparedness frameworks for future disasters. PMID:17413083

  1. Cyber Attacks and the Legal Justification for an Armed Response

    DTIC Science & Technology

    2017-05-25

    conflict between military forces of any origin.ൟ The definition above applies only to Title 18, Chapter 113B “ Terrorism ,” and is not applicable...beyond the context of terrorism . Applying this definition to cyber attacks outside the context of terrorism will not provide legal justification for

  2. 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.

  3. Naphyrone: a "legal high" not legal any more.

    PubMed

    Vardakou, Ioanna; Pistos, Constantinos; Dona, Artemis; Spiliopoulou, Chara; Athanaselis, Sotiris

    2012-10-01

    Naphyrone, also known as naphthylpyrovalerone and O-2482, is a cathinone derivative that has been recently advertized for purchase on a number of websites. Naphyrone belongs to a new class of "designer drugs" that has emerged on the drugs abuse market and has gained popularity as the new "legal high." Legal highs have been circulating for a number of years in Europe and are becoming popular in the United States. They are affordable, widely available, legal to use and possess, and legal to supply. This review presents any available information about safety profile, clinical data, analytical profile, and legislation of this legal high, which is not legal any more. Any available information has been collected by various literature search engines and the World Wide Web. The structure of naphyrone is similar to that of pyrovalerone, a monoamine uptake inhibitor. This new designer drug does not have a long history of use, so there is little evidence of its long-term effects or on the risks from its use. Because of its similarity to other cathinone derivatives, naphyrone is likely to share the same risks, such as anxiety, paranoia, and overstimulation of the heart and circulatory system. Naphyrone was classified as a controlled drug under the UK Misuse of Drugs Act of 1971 (Amendment No. 2) Regulation 2010.

  4. 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…

  5. [Delegation of medical responsibilities to non-medical personnel. Options and limits from a legal viewpoint].

    PubMed

    Ulsenheimer, K

    2009-11-01

    Increasing specialization and growing mechanization in medicine have strongly supported the transfer of originally medical responsibilities to non-medical personnel. The enormous pressure of costs as a result of limited financial resources in the health system make the delegation of previously medical functions to cheaper non-medical ancillary staff expedient and the sometimes obvious lack of physicians also gains importance by the delegation of many activities away from medical staff. In the German health system there is no legal norm which clearly and definitively describes the field of activity of a medical doctor. Fundamental for a reform of the areas of responsibility between physicians and non-medical personnel is a terminological differentiation between instruction-dependent, subordinate, non-independent assistance and the delegation of medical responsibilities which are transferred to non-medical personnel for independent and self-determined completion under the supervision and control of a physician. The inclination towards risk of medical activities, the need of protection of the patient and the intellectual prerequisites required for carrying out the necessary measures define the limitations for the delegation of medical responsibilities to non-medical ancillary staff. These criteria demarcate by expert assessment the exclusively medical field of activity in a sufficiently exact and convincing manner.

  6. [Delegation of medical responsibilities to non-medical personnel. Options and limits from a legal viewpoint].

    PubMed

    Ulsenheimer, K

    2009-05-01

    Increasing specialization and growing mechanization in medicine have strongly supported the transfer of originally medical responsibilities to non-medical personnel. The enormous pressure of costs as a result of limited financial resources in the health system make the delegation of previously medical functions to cheaper non-medical ancillary staff expedient and the sometimes obvious lack of physicians also gains importance by the delegation of many activities away from medical staff. In the German health system there is no legal norm which clearly and definitively describes the field of activity of a medical doctor. Fundamental for a reform of the areas of responsibility between physicians and non-medical personnel is a terminological differentiation between instruction-dependent, subordinate, non-independent assistance and the delegation of medical responsibilities which are transferred to non-medical personnel for independent and self-determined completion under the supervision and control of a physician. The inclination towards risk of medical activities, the need of protection of the patient and the intellectual prerequisites required for carrying out the necessary measures define the limitations for the delegation of medical responsibilities to non-medical ancillary staff. These criteria demarcate by expert assessment the exclusively medical field of activity in a sufficiently exact and convincing manner.

  7. 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

  8. 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.

  9. Responding to violence against women: social science contributions to legal solutions.

    PubMed

    Portwood, Sharon G; Heany, Julia Finkel

    2007-01-01

    Violence against women represents a serious problem in America. Not only does intimate partner violence represent a significant threat to women, but it also counts among its victims, children living in the violent household. By its very nature, intimate partner or domestic violence may be approached as either a legal or a social problem. However, there is a shortage of legal approaches that have been informed by sound social science research. One promising framework for developing such integrated responses to intimate partner violence is therapeutic jurisprudence, which encourages legal professionals to work closely with social scientists to develop system responses based on empirical data. Such an approach contrasts sharply with the current practice of developing law based on assumptions, which frequently reflect traditional paternalistic and sexist attitudes toward women. This paper begins by examining the current theories and scientific knowledge on domestic violence with particular emphasis on the supporting data. A theoretical framework for conceptualizing domestic violence characterized as patriarchal terrorism as distinct from common couple violence is examined and offered as a means of explaining inconsistencies in research findings. Following a review of current legal responses to domestic violence, the paper concludes by outlining alternative strategies and recommendations for future efforts that are supported by current theory and research.

  10. 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.).

  11. [Medical expert assessment in criminal processes from the legal viewpoint].

    PubMed

    Ulsenheimer, K

    1996-11-01

    In the area of medical professional blunder, the medical expert witness is the one participant in a trial whose statement is practically decisive for the court or the prosecutor. Legally, the responsibility remains naturally in the legal hand as the expert witness is only the assistant of the judge. The most important demands on the expert witness are strict objectiveness including towards the colleague, no independent inquiries or interrogations, comprehensive processing of the expert assessment, readiness to revise a written expert assessment according to better knowledge or new facts, independence from the client, no legal comments, clarity of language and intellectual honesty.

  12. Inmetro - Metrologia Legal

    Science.gov Websites

    Ética Mapa do site English Version Inmetro Metrologia Legal Procurando algo? Inmetro no Facebook Metrologia Legal Introdução .: Introdução :. A Metrologia Legal é parte da metrologia relacionada às ambiente. No Brasil as atividades da Metrologia Legal são uma atribuição do Inmetro, que também

  13. Survey on Views and Knowledge of House Officers on Medical-Legal Issues.

    ERIC Educational Resources Information Center

    Beninger, Paul R.; And Others

    1985-01-01

    House medical staff of the University of California, Davis, Medical Center were administered a questionnaire to determine their knowledge of relevant medical-legal principles. Responses from 111 house staff indicated that pediatrics, physical medicine, and rehabilitation staff confronted more medical-legal issues than pathology staff. (SW)

  14. 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…

  15. School Handbooks: Legal Considerations. Second Edition.

    ERIC Educational Resources Information Center

    Shaughnessy, Mary Angela

    School handbooks contain the policies and procedures for which school community members are responsible. Developing and writing them, however, is a formidable task for any Catholic school administrator in this era of legal and moral accountability to entities ranging from state educational authorities to diocesan officials to pastors in parish…

  16. [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. © Georg Thieme Verlag KG Stuttgart · New York.

  17. Teaching legal competencies through an individualized elective in medicine and law.

    PubMed

    Kapp, Marshall B

    2016-10-14

    Medical education, including education intended to prepare future physicians to care to older individuals, should include development and implementation of competencies relating to a physician's ability to understand and interact with the legal environment and legal actors who will affect the practice of medicine. The wisdom of integrating legal knowledge into the medical curriculum has been documented, and literature discusses the content and methods of teaching medical students and residents about law and the legal system. This article describes one unique but replicable, pedagogical approach to preparing future physicians to thrive in their inevitably interprofessional careers as they fulfill the fiduciary responsibilities that lie at the heart of their therapeutic and advocacy relationships with older patients.

  18. The Ethical, Legal, and Social Issues Impacted by Modern Assisted Reproductive Technologies

    PubMed Central

    Brezina, Paul R.; Zhao, Yulian

    2012-01-01

    Background. While assisted reproductive technology (ART), including in vitro fertilization has given hope to millions of couples suffering from infertility, it has also introduced countless ethical, legal, and social challenges. The objective of this paper is to identify the aspects of ART that are most relevant to present-day society and discuss the multiple ethical, legal, and social challenges inherent to this technology. Scope of Review. This paper evaluates some of the most visible and challenging topics in the field of ART and outlines the ethical, legal, and social challenges they introduce. Major Conclusions. ART has resulted in a tectonic shift in the way physicians and the general population perceive infertility and ethics. In the coming years, advancing technology is likely to exacerbate ethical, legal, and social concerns associated with ART. ART is directly challenging society to reevaluate the way in which human life, social justice and equality, and claims to genetic offspring are viewed. Furthermore, these issues will force legal systems to modify existing laws to accommodate the unique challenges created by ART. Society has a responsibility to ensure that the advances achieved through ART are implemented in a socially responsible manner. PMID:22272208

  19. Legal Education as a Joint Venture.

    ERIC Educational Resources Information Center

    Murphy, Cornelius F.

    1979-01-01

    The traditional practice of training lawyers in an academic setting only is challenged, and it is proposed that an apprenticeship or field experience element be added. The responsibility for this lies with both the academic and legal communities. Available from Ohio Northern University, 525 S. Main St., Ada, OH 45810; $5.00. (MSE)

  20. Civil Legal Services and Medical-Legal Partnerships Needed by the Homeless Population: A National Survey.

    PubMed

    Tsai, Jack; Jenkins, Darlene; Lawton, Ellen

    2017-03-01

    To examine civil legal needs among people experiencing homelessness and the extent to which medical-legal partnerships exist in homeless service sites, which promote the integration of civil legal aid professionals into health care settings. We surveyed a national sample of 48 homeless service sites across 26 states in November 2015. The survey asked about needs, attitudes, and practices related to civil legal issues, including medical-legal partnerships. More than 90% of the homeless service sites reported that their patients experienced at least 1 civil legal issue, particularly around housing, employment, health insurance, and disability benefits. However, only half of all sites reported screening patients for civil legal issues, and only 10% had a medical-legal partnership. The large majority of sites reported interest in receiving training on screening for civil legal issues and developing medical-legal partnerships. There is great need and potential to deploy civil legal services in health settings to serve unstably housed populations. Training homeless service providers how to screen for civil legal issues and how to develop medical-legal partnerships would better equip them to provide comprehensive care.

  1. The Legal Assistant.

    ERIC Educational Resources Information Center

    Steely, Robert D.

    Following a review of the history of the legal assistant profession and the present status of legal assistant education, this document reports a study of the need for a legal assistant program at Kellogg Community College (KCC). A survey questionnaire was distributed to 106 private attorneys, financial institutions, businesses and industries,…

  2. 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. © 2014 APJPH.

  3. Dementia and legal competency.

    PubMed

    Filaković, Pavo; Erić, Anamarija Petek; Mihanović, Mate; Glavina, Trpimir; Molnar, Sven

    2011-06-01

    The legal competency or capability to exercise rights is level of judgment and decision-making ability needed to manage one's own affairs and to sign official documents. With some exceptions, the person entitles this right in age of majority. It is acquired without legal procedures, however the annulment of legal capacity requires a juristic process. This resolution may not be final and could be revoked thorough the procedure of reverting legal capacity - fully or partially. Given the increasing number of persons with dementia, they are often subjects of legal expertise concerning their legal capacity. On the other part, emphasis on the civil rights of mentally ill also demands their maximal protection. Therefore such distinctive issue is approached with particular attention. The approach in determination of legal competency is more focused on gradation of it's particular aspects instead of existing dual concept: legally capable - legally incapable. The main assumption represents how person with dementia is legally capable and should enjoy all the rights, privileges and obligations as other citizens do. The aspects of legal competency for which person with dementia is going to be deprived, due to protection of one's rights and interests, are determined in legal procedure and then passed over to the guardian decided by court. Partial annulment of legal competency is measure applied when there is even one existing aspect of preserved legal capability (pension disposition, salary or pension disposition, ability of concluding contract, making testament, concluding marriage, divorce, choosing whereabouts, independent living, right to vote, right to decide course of treatment ect.). This measure is most often in favour of the patient and rarely for protection of other persons and their interests. Physicians are expected to precisely describe early dementia symptoms which may influence assessment of specific aspects involved in legal capacity (memory loss, impaired task

  4. Ethical and legal issues.

    PubMed

    Talom, J M

    1996-01-01

    At the 9th International Conference on AIDS and Sexually Transmitted Diseases in Africa (ICASA), issues concerning the legal and ethical aspects of HIV/AIDS are brought to the fore. Throughout the world, people living with HIV/AIDS are experiencing various forms of human rights abuses including testing abuses, lack of confidentiality, refusal to treat patients, dismissal of HIV-positive employees without sufficient reason, invasion of privacy, and placement of infected subjects in quarantine. This discrimination and stigmatization is not justified and gravely compromises the considerable efforts already made in fighting the epidemic. Participants suggested that the law should be used to support the authority of individuals infected with HIV/AIDS. Legislation should follow a double objective: it should know that victims of AIDS should be protected and supported, and it should clearly indicate what the responsibility of seropositive persons vis a vis society could be. The controversy of whether it is necessary to enact a legislation concerning HIV/AIDS, however, remained. While some people believed that the existing legal framework could be exploited to develop the necessary protocol concerning the responsibilities and rights of patients, an opposing viewpoint is that current legislation should not be applied in solving the problems associated with HIV/AIDS. But the important interest is that numerous recommendations of the ICASA will not remain simple declarations of intention, but translated into correct actions.

  5. Legal Care as Part of Health Care: The Benefits of Medical-Legal Partnership.

    PubMed

    Murphy, Johnna S; Lawton, Ellen M; Sandel, Megan

    2015-10-01

    Many of the social determinants of health are rooted in legal problems. Medical-legal partnerships (MLPs) have the potential to positively change clinical systems. This change can be accomplished by integrating legal staff into health care clinics to educate staff and residents on social determinants of health and their legal origins. When the MLP team works directly with patients to identify and address legal needs that improve health outcomes, and incorporate legal insights and solutions into health care practice where the patient population is overwhelmingly impacted by social conditions, outcomes are beneficial to children and families. Copyright © 2015 Elsevier Inc. All rights reserved.

  6. Constitutionally-Legal Policy as Base Type of Legal Policy of Russia

    ERIC Educational Resources Information Center

    Anichkin, Eugene S.

    2016-01-01

    The article deals with reasons for formation, nature and specifics of the constitutionally legal policy of modern Russia. The special attention is spared to the exposure of the aim, long-term and short-term tasks, and principles of national constitutionally legal policy. The functions of constitutionally legal policy are separately considered:…

  7. Department of Legal Services

    Science.gov Websites

    The Department of Legal Services ("DLS") is a dependency of the Secretariat for Legal Affairs of the OAS General Secretariat. www.oas.org/en/sla DLS provides legal advice on: interpretation of Secretariat for Legal Affairs Inter-American Commission on Human Rights Inter-American Court of Human Rights

  8. Analysis - what is legal medicine?

    PubMed

    Beran, Roy G

    2008-04-01

    Legal medicine addresses the interface between medicine and law in health care. The Australian College of Legal Medicine (ACLM) established itself as the peak body in legal and forensic medicine in Australia. It helped establish the Expert Witness Institute of Australia (EWIA), the legal medicine programme at Griffith University and contributes to government enquiries. Public health, disability assessment, competing priorities of privacy verses notification and determination of fitness for a host of pursuits are aspects of legal medicine. Complementing the EWIA, the ACLM runs training programmes emphasising legal medicine skills additional to clinical practice, advocating clinical relevance. Assessment of athletes' fitness and ensuring that prohibited substances are not inadvertently prescribed represent a growing area of legal medicine. Ethical consideration of health care should respect legal medicine principles rather than armchair commentary. International conventions must be respected by legal medicine and dictate physicians' obligations. The NSW courts imposed a duty to provide emergency medical care. Migration and communicable diseases are aspects of legal medicine. Police surgeons provide a face to legal medicine (which incorporates forensic medicine) underpinning its public perception of specialty recognition. Legal medicine deserves its place as a medical specialty in its own right.

  9. Personality, gender and medico-legal matters in medical practice.

    PubMed

    Nash, Louise; Daly, Michele; Johnson, Maree; Coulston, Carissa; Tennant, Chris; van Ekert, Elizabeth; Walter, Garry; Willcock, Simon; Walton, Merrilyn

    2009-02-01

    The aim of this paper was to explore the relationship between the personality traits of Australian General Practitioners (GPs) and their gender, work practice arrangements, and history of medico-legal matters. A cross-sectional self report survey was mailed to 1239 GPs. There were 566 respondents (45.7% response rate to survey). The survey assessed personality traits (using the Eysenck Personality Questionnaire), demographic and practice information, and history of medico-legal matters with any medical defence organization. The number and type of medico-legal matters was also extracted from the UNITED Medical Protection database. Male respondents had significantly higher psychoticism scores than females (p<0.001), and females had significantly higher neuroticism scores than males (p<0.01), as in community samples. However, for GPs who worked more than 48 hours per week, there were no gender differences in personality trait scores. Solo practitioners and non-solo practitioners did not differ on personality scores. Proceduralists and non-proceduralists did not differ on personality scores. However, a higher proportion of proceduralists experienced a medico-legal matter than non-proceduralists (p<0.001). There was a positive correlation between extraversion scores and doctors who attended peer review (p<0.001). There was no difference in the numbers of medico-legal matters for doctors who attended peer review. Males who self reported a medico-legal matter had higher neuroticism scores than the males who did not report medico-legal matters. This was not the case for females. For males, this pattern was not replicated when considering data from UNITED. The known demographic and practice factors that differ for doctors having a medico-legal matter are replicated here--being male, a proceduralist and working longer hours. There is not a consistent pattern regarding personality traits and medico-legal matters.

  10. Legal-age students' provision of alcohol to underage college students: an exploratory study.

    PubMed

    Brown, Richard L; Matousek, Therese A; Radue, Mary B

    2009-01-01

    The authors investigated the magnitude and cultural context of legal-age university students' provision of alcohol to underage students and how such alcohol provision might be deterred. 130 legal-age students at a midwestern university in the United States were randomly selected. The authors assessed 16 focus groups and a thematic analysis. Most participants reported frequent alcohol provision. Most denied moral responsibility for any negative consequences that recipients might suffer. Small numbers of participants, chiefly women, would decrease alcohol provision after education on the sexual risks to underage females. Larger numbers would decrease provision in response to consistent law enforcement, severe legal and disciplinary penalties, and education on severe penalties. Legal-age students' provision of alcohol to underage students is an integral part of college students' drinking culture. As a deterrent, an enforcement-based campaign may be more effective than an educational campaign on the possible negative consequences of alcohol for underage students.

  11. 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)…

  12. HTA and its legal issues: a framework for identifying legal issues in health technology assessment.

    PubMed

    Widrig, Daniel; Tag, Brigitte

    2014-12-01

    Legal analysis can highlight important issues that are relevant when deciding whether a medical technology should be implemented or reimbursed. Literature and studies show that even though the law is an acknowledged part of health technology assessment (HTA), legal issues are rarely considered in practice. One reason for this may be the lack of knowledge about the diversity of legal issues that are relevant for HTA. Therefore, this contribution aims primarily to identify and then explain the relevant legal issues in HTA. This study offers a framework for identifying the legal issues in HTAs in different jurisdictions and provides a basis for further research. After extensive literature search, the authors review Swiss health law to identify legal issues that are relevant to HTA. The authors then categorize these legal issues using a framework with an inside and outside perspective. Finally, they explain a selection of these legal issues with several examples. This study reveals numerous legal issues that are relevant for HTA and underlines the necessity of incorporating legal analysis in HTAs. The suggested perspectival framework in this study provides a basis to structure the legal analysis. The identified legal issues are relevant in other countries and the perspectival framework is transferable to other jurisdictions. The article underlines the importance of in-depth discussion about the role of law in HTA. It provides a structured overview of the legal issues in HTA and suggests a development of more concrete instruments toward a standardized legal technology assessment.

  13. Shared Electronic Health Record Systems: Key Legal and Security Challenges.

    PubMed

    Christiansen, Ellen K; Skipenes, Eva; Hausken, Marie F; Skeie, Svein; Østbye, Truls; Iversen, Marjolein M

    2017-11-01

    Use of shared electronic health records opens a whole range of new possibilities for flexible and fruitful cooperation among health personnel in different health institutions, to the benefit of the patients. There are, however, unsolved legal and security challenges. The overall aim of this article is to highlight legal and security challenges that should be considered before using shared electronic cooperation platforms and health record systems to avoid legal and security "surprises" subsequent to the implementation. Practical lessons learned from the use of a web-based ulcer record system involving patients, community nurses, GPs, and hospital nurses and doctors in specialist health care are used to illustrate challenges we faced. Discussion of possible legal and security challenges is critical for successful implementation of shared electronic collaboration systems. Key challenges include (1) allocation of responsibility, (2) documentation routines, (3) and integrated or federated access control. We discuss and suggest how challenges of legal and security aspects can be handled. This discussion may be useful for both current and future users, as well as policy makers.

  14. Medico legal issues.

    PubMed

    Mackenzie, Geraldine; Carter, Hugh

    2010-01-01

    This chapter gives an educational overview of: * An awareness of the legal issues involved in health informatics * The need for the privacy and security of the patient record * The legal consequences of a breach of the security of the patient record * The concept of privacy law and what precautions ought to be taken to minimize legal liability for a breach of privacy and/or confidentiality.

  15. Public health legal preparedness in Indian country.

    PubMed

    Bryan, Ralph T; Schaefer, Rebecca McLaughlin; DeBruyn, Lemyra; Stier, Daniel D

    2009-04-01

    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.

  16. [Prescribing medication in 2013: legal aspects].

    PubMed

    Berland-Benhaïm, C; Bartoli, C; Karsenty, G; Piercecchi-Marti, M-D

    2013-11-01

    To describe the legal framework of medicine prescription in France in 2013. With the assistance of lawyer and forensic pathologist, consultation (legifrance.gouv.fr), analysis, summary of French laws and rules surrounding drugs prescriptions to humans for medical purpose. Free medicine prescription is an essential feature of a doctor's action. To prescribe involve his responsibility at 3 levels: deontological, civilian and penal. Aim of the rules of medicine prescription is to preserve patient's safety and health. Doctors are encouraged to refer to recommendations and peer-reviewed publication every time the prescriptions go out of the case planned by law. Knowledge and respect of medicine prescription legal rules is essential for a good quality practice. Medical societies have a major role to improve medicine use among practitioners. Copyright © 2013. Published by Elsevier Masson SAS.

  17. Early Impacts of Marijuana Legalization: An Evaluation of Prices in Colorado and Washington

    PubMed Central

    Hunt, Priscillia; Pacula, Rosalie Liccardo

    2017-01-01

    Following the legalization and regulation of marijuana for recreational purposes in states with medical markets, policymakers and researchers are in need of empirical evidence related to how, and how fast, supply and demand have changed over time. Because prices constitute an indication of how suppliers and consumers respond to policy changes, we used a difference-indifference approach to capitalize on the timing of policy implementation and to identify the effects of legalization on marijuana prices four to five months after markets opened. We used a unique longitudinal survey of self-reported prices and a web-scraped dataset of dispensary prices advertised online in three U.S. states that had legalized medical marijuana, and which later legalized recreational marijuana as well. Results indicate there were no effects on the prices paid for medical or recreational marijuana among state-representative samples of residents within the short four- to five-month window following legalization. However, there were differences in how much people paid if they obtained marijuana for recreational purposes from a recreational store. Further analyses of advertised prices confirmed this result, but also demonstrated heterogeneous responses in prices across types of commonly advertised strains; prices either did not change or they increased depending on the strain type. A key implication of our findings is that there are both supply and demand responses at work in the opening of legalized markets, suggesting that evaluations of immediate effects may not accurately reflect the long run impact of legalization on marijuana consumption. PMID:28456861

  18. Sifting Through Chaos: Extracting Information from Unstructured Legal Opinions.

    PubMed

    Oliveira, Bruno Miguel; Guimarães, Rui Vasconcellos; Antunes, Luís; Rodrigues, Pedro Pereira

    2018-01-01

    Abiding to the law is, in some cases, a delicate balance between the rights of different players. Re-using health records is such a case. While the law grants reuse rights to public administration documents, in which health records produced in public health institutions are included, it also grants privacy to personal records. To safeguard a correct usage of data, public hospitals in Portugal employ jurists that are responsible for allowing or withholding access rights to health records. To help decision making, these jurists can consult the legal opinions issued by the national committee on public administration documents usage. While these legal opinions are of undeniable value, due to their doctrine contribution, they are only available in a format best suited from printing, forcing individual consultation of each document, with no option, whatsoever of clustered search, filtering or indexing, which are standard operations nowadays in a document management system. When having to decide on tens of data requests a day, it becomes unfeasible to consult the hundreds of legal opinions already available. With the objective to create a modern document management system, we devised an open, platform agnostic system that extracts and compiles the legal opinions, ex-tracts its contents and produces metadata, allowing for a fast searching and filtering of said legal opinions.

  19. Legal considerations in a nuclear detonation.

    PubMed

    Sherman, Susan E

    2011-03-01

    This article summarizes public health legal issues that need to be considered in preparing for and responding to nuclear detonation. Laws at the federal, state, territorial, local, tribal, and community levels can have a significant impact on the response to an emergency involving a nuclear detonation and the allocation of scarce resources for affected populations. An understanding of the breadth of these laws, the application of federal, state, and local law, and how each may change in an emergency, is critical to an effective response. Laws can vary from 1 geographic area to the next and may vary in an emergency, affording waivers or other extraordinary actions under federal, state, or local emergency powers. Public health legal requirements that are commonly of concern and should be examined for flexibility, reciprocity, and emergency exceptions include liability protections for providers; licensing and credentialing of providers; consent and privacy protections for patients; occupational safety and employment protections for providers; procedures for obtaining and distributing medical countermeasures and supplies; property use, condemnation, and protection; restrictions on movement of individuals in an emergency area; law enforcement; and reimbursement for care.

  20. 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…

  1. 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…

  2. Therapeutic jurisprudence and sex offenders: a psycho-legal approach to protection.

    PubMed

    Birgden, Astrid

    2004-10-01

    Societal response to sex offenders is marked by uncertainty about whether punishment or treatment should occur. The distinction between punishment, prevention, and protection is useful to determine how best to assess, treat, and manage sex offenders within the criminal justice system. Once convicted, both law and psychology are concerned with sex offenders changing their behavior in order to protect the community. Therapeutic jurisprudence is a legal theory that aims to maximize therapeutic effects of the law and minimize anti-therapeutic consequences of the law. Therapeutic jurisprudence provides a framework to combine legal and psychological processes to balance prevention and protection. Legal and correctional practitioners can work together to address both community protection and offender protection concerns.

  3. Legal Issues in Higher Education.

    ERIC Educational Resources Information Center

    Branton, Wiley A.

    1984-01-01

    Legal problems that colleges and universities might avoid are identified. Colleges are being sued over a broad range of legal issues and are expending money for legal and court fees, settlements, and judgments. Legal problems include right of admission to particular colleges, the right to stay in school, questions of faculty promotion and tenure,…

  4. 20 CFR 404.733 - Evidence you are the legally adopting parent or legally adopted child.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Evidence you are the legally adopting parent or legally adopted child. 404.733 Section 404.733 Employees' Benefits SOCIAL SECURITY ADMINISTRATION... Benefits § 404.733 Evidence you are the legally adopting parent or legally adopted child. If you are the...

  5. The Principal's Legal Handbook.

    ERIC Educational Resources Information Center

    Camp, William E., Ed.; And Others

    The principal is faced with myriad legal issues on a daily basis, making it imperative that he or she keep abreast with developing legal issues. The first of four sections, "Students and the Law," surveys federal statutes and landmark Supreme Court decisions pertaining to the rights of students. It addresses legal issues regarding search and…

  6. 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…

  7. 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…

  8. The ability of criminal law to produce gender equality: judicial discourses in the Swedish criminal legal system.

    PubMed

    Burman, Monica

    2010-02-01

    The main aim of the Swedish Women's Peace reform in 1998 was to enhance criminal legal protection for women exposed to violence in heterosexual relationships and to promote gender equality. However, these ambitions risk being contravened in a masculinist criminal legal system. One problem concerns how the victim is constructed in criminal legal cases. The author argues that moral balancing and discourses of responsibility and guilt in Swedish cases constrain the agency possible for women and suggest that a more comprehensive policy in Sweden must be developed to include violent men, their agency, and their responsibility for the violence.

  9. Medical safety in boxing: administrative, ethical, legislative, and legal considerations.

    PubMed

    Schwartz, Michael B

    2009-10-01

    The roles and responsibilities of the ringside physician are complex and have evolved into a unique specialty in sport medicine. In addition to the medical aspects of ringside medicine, the doctor is now responsible for many administrative, ethical, and legal considerations. This article reviews and details the numerous roles the ringside physician plays in the sport of boxing.

  10. Legally protecting and compelling veterinarians in issues of animal abuse and domestic violence.

    PubMed

    Robertson, I A

    2010-06-01

    The majority of veterinarians recognise their important role and responsibility to society and animal welfare in the detection and reporting of suspected abuse of animals and humans. In spite of the existing moral, ethical, and legal duties applied to veterinarians, they face substantial barriers that prohibit them from fulfilling their professional role in handling cases of suspected abuse. With increasing public and legal attention on issues of animal welfare, the non-fulfillment of these duties places the profession and its members at considerable risk of public criticism and adverse legal accountability. The issue is raised here that the veterinary profession in New Zealand needs to provide a clear policy statement and take pro-active measures that provide practical enforceable solutions to these existing barriers and legal risks. Such an initiative will assist in ensuring that all registered members consistently fulfil their obligations, and are legally protected while doing so. Veterinary counterparts overseas already provide a legislative immunity for their veterinarians who report suspected abuse as part of a mandated duty to report. Implementation of such a duty has significant benefits for all veterinarians, including the requirement for education and effective support systems. In the absence of such a mandatory duty, intermediary measures can be introduced, demonstrating social responsibility and commitment by the profession to their existing duty of care.

  11. 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…

  12. Legal Issues for the Medical Director.

    PubMed

    Trulove, William G

    2015-09-04

    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. Copyright © 2015 by the American Society of Nephrology.

  13. Legal Issues for the Medical Director

    PubMed Central

    2015-01-01

    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. Legal Professionals' Knowledge of Eyewitness Testimony in China: A Cross-Sectional Survey

    PubMed Central

    Jiang, Lina; Luo, Dahua

    2016-01-01

    Purpose To examine legal professionals’ knowledge of a wide range of factors that affect eyewitness accuracy in China. Methods A total of 812 participants, including 210 judges, 244 prosecutors, 202 police officers, and 156 defense attorneys, were asked to respond to 12 statements about eyewitness testimony and 3 basic demographic questions (i.e., gender, age, and prior experience). Results Although the judges and the defense attorneys had a somewhat higher number of correct responses than the other two groups, all groups showed limited knowledge of eyewitness testimony. In addition, the participants’ responses to only four items (i.e., weapon focus, attitude and expectations, child suggestibility, and the impact of stress) were roughly unanimous within the four legal professional groups. Legal professionals’ gender showed no significant correlations with their knowledge of eyewitness testimony. Prior experiences were significantly and negatively correlated with the item on the knowledge of forgetting curve among judges but positively correlated with two items (i.e., attitudes and exposure time) among defense attorneys and with 4 statements (i.e., the knowledge of attitudes and expectations, impact of stress, child witness accuracy, and exposure time) among prosecutors. Conclusions The findings suggest that knowledge of the factors that influence eyewitness accuracy must be more effectively communicated to legal professionals in the future. PMID:26828933

  15. 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)…

  16. Pilot study of medical-legal partnership to address social and legal needs of patients.

    PubMed

    Weintraub, Dana; Rodgers, Melissa A; Botcheva, Luba; Loeb, Anna; Knight, Rachael; Ortega, Karina; Heymach, Brooke; Sandel, Megan; Huffman, Lynne

    2010-05-01

    As a preliminary investigation of the effectiveness of medical-legal partnership in pediatrics, we conducted a 36-month prospective cohort study of the impact of clinic- and hospital-based legal services. We hypothesized that integration of legal services into pediatric settings would increase families' awareness of and access to legal and social services, decrease barriers to health care for children, and improve child health. Health care providers referred families with legal or social needs to the Peninsula Family Advocacy Program (FAP). Fifty four families completed both baseline and six-month follow-up assessments. Comparison of follow-up with baseline demonstrated significantly increased proportions of families who utilized food and income supports and significantly decreased proportions of families avoiding health care due to lack of health insurance or concerns about cost. Two-thirds of respondents reported improved child health and well-being. This study suggests that adding an attorney to the medical team increases awareness of and access to social and legal services.

  17. 77 FR 39654 - Proposed Legal Interpretation

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-07-05

    ...-0670] Proposed Legal Interpretation AGENCY: Federal Aviation Administration (FAA), DOT. ACTION... legal interpretation in which the agency considered clarifying prior legal interpretations regarding... inadvertently assigned an incorrect docket number to the proposed legal interpretation. This document corrects...

  18. Legal Support for Palliative Care Patients.

    PubMed

    Ezer, Tamar; Burke-Shyne, Naomi; Hepford, Kiera

    2018-02-01

    Palliative care patients face legal issues that impact their quality of life. Legal support, embedded in holistic palliative care services, has developed globally over the last decade to address this. This article aims to trace the origins of legal support for palliative care patients, detail models of legal support, and describe achievements and challenges. The article draws on years of work in this area and the available literature. Common legal issues include disposing of property and drafting wills, planning for children, dealing with debt and securing social benefits, and addressing discrimination. Diverse approaches to integrating legal support include developing paralegal skills, accessing skilled legal advice, empowering patients and families, and building awareness of rights among health care workers. There is robust and growing acceptance of legal support as a key component of holistic palliative care, and many palliative care professionals are identifying and addressing the legal needs they encounter through mediation, guidance on basic rights, or referrals to a lawyer. Addressing legal problems can contribute to peace of mind, well-being, and the health of patients. Copyright © 2017 American Academy of Hospice and Palliative Medicine. Published by Elsevier Inc. All rights reserved.

  19. 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.

  20. Defining Legal Writing: An Empirical Analysis of the Legal Memorandum. LSAC Research Report Series.

    ERIC Educational Resources Information Center

    Breland, Hunter M.; Hart, Frederick M.

    This study examined legal writing as it was represented in legal memoranda prepared by first-semester law students at 12 different law schools. The study was based on the cumulative judgments of the instructors and professors of law in those institutions, humanities specialists at the Educational Testing Service, and two legal consultants. A…

  1. 78 FR 14079 - Legal Processes

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-03-04

    ... DEPARTMENT OF COMMERCE United States Patent and Trademark Office Legal Processes ACTION: Proposed... former employees of the United States Patent and Trademark Office (USPTO). The rules for these legal... employee testimony and production of documents in legal proceedings, reports of unauthorized testimony...

  2. 75 FR 3893 - Legal Processes

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-01-25

    ... DEPARTMENT OF COMMERCE Patent and Trademark Office Legal Processes ACTION: Proposed collection... legal processes may be found under 37 CFR Part 104, which outlines procedures for service of process, demands for employee testimony and production of documents in legal proceedings, reports of unauthorized...

  3. Did Legalized Abortion Lower Crime?

    ERIC Educational Resources Information Center

    Joyce, Ted

    2004-01-01

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

  4. Indian legal system and mental health.

    PubMed

    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.

  5. 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…

  6. Early Impacts of Marijuana Legalization: An Evaluation of Prices in Colorado and Washington.

    PubMed

    Hunt, Priscillia; Pacula, Rosalie Liccardo

    2017-06-01

    Following the legalization and regulation of marijuana for recreational purposes in states with medical markets, policymakers and researchers seek empirical evidence on how, and how fast, supply and demand changed over time. Prices are an indication of how suppliers and consumers respond to policy changes, so this study uses a difference-in-difference approach to exploit the timing of policy implementation and identify the impacts on marijuana prices 4-5 months after markets opened. This study uses unique longitudinal survey data of prices paid by consumers and a web-scraped dataset of dispensary prices advertised online for three U.S. medical marijuana states that all eventually legalized recreational marijuana. Results indicate there were no impacts on the prices paid for medical or recreational marijuana by state-representative residents within the short 4- to 5-months window following legalization. However, there were differences in how much people paid if they obtained marijuana for recreational purposes from a recreational store. Further analysis of advertised prices confirms this result, but further demonstrates heterogeneous responses in prices across types of commonly advertised strains; prices either did not change or increased depending on the strain type. A key implication of our findings is that there are both supply and demand responses at work in the opening of legalized markets, suggesting that evaluations of immediate effects may not accurately reflect the long run impact of legalization on consumption.

  7. Legal considerations for document delivery services.

    PubMed

    Bunting, A

    1994-04-01

    Health sciences libraries that provide fee-based information services must consider and develop policies and procedures for complying with legal requirements. This paper reviews the provisions of copyright law that pertain to document delivery, including two court decisions concerning copyright. Also discussed are recent actions by publishers to reinforce their view of libraries' responsibilities for royalty fees for articles copied and their use of licenses to impose additional restrictions on the use of and reproduction of materials.

  8. Legal considerations for document delivery services.

    PubMed Central

    Bunting, A

    1994-01-01

    Health sciences libraries that provide fee-based information services must consider and develop policies and procedures for complying with legal requirements. This paper reviews the provisions of copyright law that pertain to document delivery, including two court decisions concerning copyright. Also discussed are recent actions by publishers to reinforce their view of libraries' responsibilities for royalty fees for articles copied and their use of licenses to impose additional restrictions on the use of and reproduction of materials. PMID:8004023

  9. Legal capacity of persons with disabilities in Ethiopia: The need to reform existing legal frameworks.

    PubMed

    Marishet, Mohammed Hamza

    The Convention on the Rights of Persons with Disabilities (CRPD) prohibited deprivation legal capacity of persons with disability based on assessment of mental capacity. The assertion is that, persons with disabilities shall exercise their legal capacity in all aspects of life without any restrictions that are based on mental incapacity (such as, unsoundness of mind, deficit in mental capacity, dotage, etc. This approach signifies a shift from substituted decision making, where another person act on behalf of persons with mental disabilities, to supported decision making where the person with mental disability is assisted in decision making. The rationale for the move lies on the recognition that the right to legal capacity embodies the inherent meaning of what it meant to be human. Without legal capacity a person cannot exercise all other rights and entitlements. Accordingly, States parties to CRPD are required to reform domestic legislations that are based on substituted decision making model and recognize full legal capacity of persons with disabilities in line with supported decision making model. As a Sate party to CRPD, Ethiopia assumed the same obligation. Nonetheless, in its initial report to the Committee on CRPD, the country denies existence of legislation that restricts legal capacity on the grounds of mental incapacity. This research found out that there are restrictions imposed on legal capacity of persons with disabilities on the basis of mental incapacity/disability. The research analyzed the approach employed to restrict legal capacity under the existing legal frameworks of Ethiopia vis-à-vis supported decision-making regime under CRPD. The research is doctrinal and, as such, limited to content analysis of general and specific legal capacity laws of the country (such as, marriage, divorce, will, work and employment, political participation, access to justice and others). Copyright © 2017 Elsevier Ltd. All rights reserved.

  10. Contingency management treatment in cocaine using methadone maintained patients with and without legal problems.

    PubMed

    Ginley, Meredith K; Rash, Carla J; Olmstead, Todd A; Petry, Nancy M

    2017-11-01

    Legal difficulties and cocaine use are prevalent in methadone maintenance patients, and they are related to one another, as well as to poor response to methadone treatment. Contingency management (CM) is efficacious for decreasing cocaine use, but the relation of CM treatment to criminal activities has rarely been studied. This study evaluated whether baseline legal problems are related to subsequent substance use and illegal activities for cocaine using methadone maintained patients and whether CM differentially improves outcomes depending on baseline legal problems. Using data from four randomized CM trials (N=323), we compared methadone maintained patients with legal problems at the start of study participation to those without initial legal problems. Overall, the addition of CM to standard methadone care improved substance use outcomes regardless of initial legal problems. Endorsement of legal problems within 30days of study initiation was associated with reduced proportion of negative samples submitted during the 12-week treatment period. A significant interaction effect of baseline legal problems and treatment condition was present for subsequent self-reports of illegal activities. Those with baseline legal problems who were assigned to CM had reduced self-reports of reengagement in illegal activity throughout a six month follow-up compared to their counterparts randomized to standard care. Adding CM to methadone treatment improves substance use outcomes and reduces subsequent illegal activity in cocaine-using methadone patients with legal problems. Copyright © 2017 Elsevier B.V. All rights reserved.

  11. 38 CFR 13.58 - Legal custodian.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 1 2014-07-01 2014-07-01 false Legal custodian. 13.58... ADMINISTRATION, FIDUCIARY ACTIVITIES § 13.58 Legal custodian. (a) Authority. The Veterans Service Center Manager is authorized to make determinations as to the person or legal entity to be appointed legal custodian...

  12. 38 CFR 13.58 - Legal custodian.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 1 2012-07-01 2012-07-01 false Legal custodian. 13.58... ADMINISTRATION, FIDUCIARY ACTIVITIES § 13.58 Legal custodian. (a) Authority. The Veterans Service Center Manager is authorized to make determinations as to the person or legal entity to be appointed legal custodian...

  13. 38 CFR 13.58 - Legal custodian.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 1 2011-07-01 2011-07-01 false Legal custodian. 13.58... ADMINISTRATION, FIDUCIARY ACTIVITIES § 13.58 Legal custodian. (a) Authority. The Veterans Service Center Manager is authorized to make determinations as to the person or legal entity to be appointed legal custodian...

  14. 38 CFR 13.58 - Legal custodian.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 1 2013-07-01 2013-07-01 false Legal custodian. 13.58... ADMINISTRATION, FIDUCIARY ACTIVITIES § 13.58 Legal custodian. (a) Authority. The Veterans Service Center Manager is authorized to make determinations as to the person or legal entity to be appointed legal custodian...

  15. 38 CFR 13.58 - Legal custodian.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 1 2010-07-01 2010-07-01 false Legal custodian. 13.58... ADMINISTRATION, FIDUCIARY ACTIVITIES § 13.58 Legal custodian. (a) Authority. The Veterans Service Center Manager is authorized to make determinations as to the person or legal entity to be appointed legal custodian...

  16. 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…

  17. 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…

  18. The legal responsibilities of the veterinary surgeon arising from advances in equine cardiology and in the prescription of drugs for racehorses.

    PubMed

    Cazalet, E

    1977-10-01

    The paper examines the responsibilities of the veterinary surgeon in relation to the advances more recently made in the field of equine cardiology. Notwithstanding such advances it is stated that the normal established legal principles apply, in particular in relation to the preparation of certificates, namely that the veterinary surgeon must be sufficiently expert to give the opinion sought, that he must make himself fully aware of the purpose for which the certificate is required and that he must make clear the nature and limitations of any examination carried out.

  19. 32 CFR 724.703 - Legal counsel.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 32 National Defense 5 2012-07-01 2012-07-01 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 deemed...

  20. 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 deemed...

  1. 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 deemed...

  2. 32 CFR 724.703 - Legal counsel.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 32 National Defense 5 2014-07-01 2014-07-01 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 deemed...

  3. 32 CFR 724.703 - Legal counsel.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 32 National Defense 5 2013-07-01 2013-07-01 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 deemed...

  4. Knowledge and Perceptions of Health Workers' Training on Ethics, Confidentiality and Medico-Legal Issues.

    PubMed

    Barnie, Bernard Asamoah; Forson, Paa Kobina; Opare-Addo, Mercy Naa Aduele; Appiah-Poku, John; Rhule, Gyikua Plange; Oduro, George; Adu-Sarkodie, Yaw; Donkor, Peter

    2015-02-01

    Health care delivery in recent times has become more complicated, as patients expect health personnel to not only provide professional services but be accountable as well. It is thus imperative that health personnel are aware of their responsibility to the patient and also sensitive to medico legal issues if quality health care is to be assured. The aim of the study was to assess the knowledge and perception of health care workers on their training in ethics, confidentiality and medico-legal issues. It was expected that the results would inform policy on the training of the health workers. A cross-sectional survey was conducted among some categories of health workers (Doctors, Nurses and Health care assistants) at the Accident and Emergency directorate of Komfo Anokye Teaching Hospital, Ghana. A self-administered questionnaire was used to elicit information on ethics, confidentiality and medico- legal issues. Data collected was analyzed using SPSS version 16. A total of 103 health care workers were enrolled on the study representing 96% response rate. The study revealed that 74% had knowledge on ethics, confidentiality and medico- legal concepts; and 35.4% of the respondents indicated that health workers attitudes to ethics, confidentiality and medico- legal concepts was inadequate. About 28.3% indicated that their attitudes were good while 26.3% indicated attitudes were adequate with only 2% indicating that attitudes were very good. Nearly, 49% of the respondents also indicated that training on medico-legal issues should be taught during formal training and also on-the-job. Knowledge of health workers on ethics confidentiality and medico-legal issues is high and their perceptions are positive. However, regular training to update their knowledge will be necessary in order to ensure continuous improvement of the quality of health care delivery.

  5. Medico-legal perspectives on sudden cardiac death in young athletes.

    PubMed

    Oliva, Antonio; Grassi, Vincenzo M; Campuzano, Oscar; Brion, Maria; Arena, Vincenzo; Partemi, Sara; Coll, Monica; Pascali, Vincenzo L; Brugada, Josep; Carracedo, Angel; Brugada, Ramon

    2017-03-01

    Sudden cardiac death (SCD) in a young athlete represents a dramatic event, and an increasing number of medico-legal cases have addressed this topic. In addition to representing an ethical and medico-legal responsibility, prevention of SCD is directly correlated with accurate eligibility/disqualification decisions, with an inappropriate pronouncement in either direction potentially leading to legal controversy. This review summarizes the common causes of SCD in young athletes, divided into structural (hypertrophic cardiomyopathy, arrhythmogenic cardiomyopathy, congenital coronary artery anomalies, etc.), electrical (Brugada, congenital LQT, Wolf-Parkinson-White syndrome, etc.), and acquired cardiac abnormalities (myocarditis, etc.). In addition, the roles of hereditary cardiac anomalies in SCD in athletes and the effects of a positive result on them and their families are discussed. The medico-legal relevance of pre-participation screening is analyzed, and recommendations from the American Heart Association and European Society of Cardiology are compared. Finally, the main issues concerning the differentiation between physiologic cardiac adaptation in athletes and pathologic findings and, thereby, definition of the so-called gray zone, which is based on exact knowledge of the mechanism of cardiac remodeling including structural or functional adaptions, will be addressed.

  6. 14 CFR 77.47 - Legal officer.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 14 Aeronautics and Space 2 2011-01-01 2011-01-01 false Legal officer. 77.47 Section 77.47... § 77.47 Legal officer. The Chief Counsel designates a member of his staff to serve as legal officer at each hearing under this subpart. The legal officer may examine witnesses and assist and advise the...

  7. 40 CFR 60.26 - Legal authority.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 40 Protection of Environment 7 2014-07-01 2014-07-01 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 authorities...

  8. 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 authorities...

  9. 40 CFR 60.26 - Legal authority.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 40 Protection of Environment 7 2012-07-01 2012-07-01 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 authorities...

  10. 40 CFR 60.26 - Legal authority.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 40 Protection of Environment 7 2013-07-01 2013-07-01 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 authorities...

  11. 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 authorities...

  12. 44 CFR 206.164 - Disaster legal services.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... 44 Emergency Management and Assistance 1 2014-10-01 2014-10-01 false Disaster legal services. 206... § 206.164 Disaster legal services. (a) Legal services, including legal advice, counseling, and... adequate legal services, whether the insufficiency existed prior to or results from the major disaster. In...

  13. 44 CFR 206.164 - Disaster legal services.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 44 Emergency Management and Assistance 1 2013-10-01 2013-10-01 false Disaster legal services. 206... § 206.164 Disaster legal services. (a) Legal services, including legal advice, counseling, and... adequate legal services, whether the insufficiency existed prior to or results from the major disaster. In...

  14. 44 CFR 206.164 - Disaster legal services.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

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

  15. The Search for a Legal Ethic: The Adversary System, Liberalism and Beyond

    ERIC Educational Resources Information Center

    Verkuil, Paul R.

    1977-01-01

    The Code of Professional Responsibility of lawyers is examined in terms of ethical responsibility. Two major questions are addressed: to what degree does the profession understand and act consistently with its own ethic; and to what extent should legal ethics relate to larger questions of societal and political ethics? (LBH)

  16. 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…

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

    PubMed

    Brown, Jennifer

    2016-01-01

    The role of law in regulating mental health detention has come to engender great contention in the legal and sociological disciplines alike. This conflict is multifaceted but is centred upon the extent to which law should control the psychiatric power of detention. In this manner the evolution of law regulating mental health detention has been seen in terms of a pendulous movement between two extremes of medicalism and legalism. Drawing on socio-legal literature, legislation, international treaties and case law this article examines the changing purpose of mental health law from an English and Council of Europe perspective by utilizing the concepts of medicalism, legalism and new legalism as descriptive devices before arguing that the UN Convention on the Rights of Persons with Disabilities goes further than all of these concepts and has the potential to influence mental health laws internationally. Copyright © 2016 Elsevier Ltd. All rights reserved.

  18. 42 CFR 425.104 - Legal entity.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... 42 Public Health 3 2012-10-01 2012-10-01 false Legal entity. 425.104 Section 425.104 Public Health....104 Legal entity. (a) An ACO must be a legal entity, formed under applicable State, Federal, or Tribal... in this part. (b) An ACO formed by two or more otherwise independent ACO participants must be a legal...

  19. 42 CFR 425.104 - Legal entity.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... 42 Public Health 3 2014-10-01 2014-10-01 false Legal entity. 425.104 Section 425.104 Public Health....104 Legal entity. (a) An ACO must be a legal entity, formed under applicable State, Federal, or Tribal... in this part. (b) An ACO formed by two or more otherwise independent ACO participants must be a legal...

  20. 42 CFR 425.104 - Legal entity.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 42 Public Health 3 2013-10-01 2013-10-01 false Legal entity. 425.104 Section 425.104 Public Health....104 Legal entity. (a) An ACO must be a legal entity, formed under applicable State, Federal, or Tribal... in this part. (b) An ACO formed by two or more otherwise independent ACO participants must be a legal...

  1. Legal Typewriting, Business Education: 7705.35.

    ERIC Educational Resources Information Center

    Missirlian, Melanie

    The course is designed to help the student qualify for employment as a typist in a legal office. Instruction is given to enable the student to prepare all types of legal documents, spell and use legal terminology correctly, and transfer legal information from one document to another. The course description includes: (1) equipment and supplies, (2)…

  2. Regulating payment for home care companionship services: legal authority and public policy.

    PubMed

    Kapp, Marshall B

    2008-01-01

    On June 11, 2007, the U.S. Supreme Court issued a ruling in the case of Long Island Care at Home Ltd. v. Coke that upheld a federal regulation exempting employees of third-party agencies who provide home-based "companionship services" to disabled persons from the protections of the minimum wage and overtime pay provisions of the Fair Labor Standards Act. This article discusses the legal issues argued in the case and the legal rationales for the court's decision. The article then identifies the important public policy questions involving the maintenance of a sufficient, competent home care workforce that were left unanswered by the legal ruling and outlines some of the pragmatic implications of potential responses to these public policy questions.

  3. Legalizing altruistic surrogacy in response to evasive travel? An Icelandic proposal.

    PubMed

    Kristinsson, Sigurður

    2016-12-01

    Surrogate motherhood has been prohibited by Icelandic law since 1996, but in recent years, Icelandic couples have sought transnational surrogacy in India and the United States despite uncertainties about legal parental status as they return to Iceland with infants born to surrogate mothers. This reflects global trends of increased reproductive tourism, which forces restrictive regimes not only to make decisions concerning the citizenship and parentage of children born to surrogate mothers abroad, but also to confront difficult moral issues concerning surrogacy, global justice, human rights and exploitation. In March 2015, a legislative proposal permitting altruistic surrogacy, subject to strict regulation and oversight, and prohibiting the solicitation of commercial surrogacy abroad, was presented in the Icelandic Parliament. The proposal aims to protect the interest of the child first, respect the autonomy of the surrogate second, and accommodate the intended parents' wishes third. After a brief overview of the development of the surrogacy issue in Iceland, this article describes the main features of this legislative proposal and evaluates it from an ethical and global justice perspective. It concludes that the proposed legislation is a response to problems generated by cross-border surrogacy in the context of evolving public attitudes toward the issue, and constitutes a valid attempt to reduce the moral hazards of surrogacy consistent with insights from current bioethical literature. Although the proposed legislation arguably represents an improvement over the current ban, however, difficult problems concerning evasive travel and global injustice are likely to persist until effective international coordination is achieved.

  4. 28 CFR 543.15 - Legal aid program.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 28 Judicial Administration 2 2012-07-01 2012-07-01 false Legal aid program. 543.15 Section 543.15 Judicial Administration BUREAU OF PRISONS, DEPARTMENT OF JUSTICE INSTITUTIONAL MANAGEMENT LEGAL MATTERS Inmate Legal Activities § 543.15 Legal aid program. (a) A legal aid program which is funded or approved...

  5. 28 CFR 543.15 - Legal aid program.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Legal aid program. 543.15 Section 543.15 Judicial Administration BUREAU OF PRISONS, DEPARTMENT OF JUSTICE INSTITUTIONAL MANAGEMENT LEGAL MATTERS Inmate Legal Activities § 543.15 Legal aid program. (a) A legal aid program which is funded or approved...

  6. 28 CFR 543.15 - Legal aid program.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 28 Judicial Administration 2 2014-07-01 2014-07-01 false Legal aid program. 543.15 Section 543.15 Judicial Administration BUREAU OF PRISONS, DEPARTMENT OF JUSTICE INSTITUTIONAL MANAGEMENT LEGAL MATTERS Inmate Legal Activities § 543.15 Legal aid program. (a) A legal aid program which is funded or approved...

  7. 28 CFR 543.15 - Legal aid program.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

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

  8. 28 CFR 543.15 - Legal aid program.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 28 Judicial Administration 2 2013-07-01 2013-07-01 false Legal aid program. 543.15 Section 543.15 Judicial Administration BUREAU OF PRISONS, DEPARTMENT OF JUSTICE INSTITUTIONAL MANAGEMENT LEGAL MATTERS Inmate Legal Activities § 543.15 Legal aid program. (a) A legal aid program which is funded or approved...

  9. Ethical, legal, and social issues in the translation of genomics into health care.

    PubMed

    Badzek, Laurie; Henaghan, Mark; Turner, Martha; Monsen, Rita

    2013-03-01

    The rapid continuous feed of new information from scientific discoveries related to the human genome makes translation and incorporation of information into the clinical setting difficult and creates ethical, legal, and social challenges for providers. This article overviews some of the legal and ethical foundations that guide our response to current complex issues in health care associated with the impact of scientific discoveries related to the human genome. Overlapping ethical, legal, and social implications impact nurses and other healthcare professionals as they seek to identify and translate into practice important information related to new genomic scientific knowledge. Ethical and legal foundations such as professional codes, human dignity, and human rights provide the framework for understanding highly complex genomic issues. Ethical, legal, and social concerns of the health provider in the translation of genomic knowledge into practice including minimizing harms, maximizing benefits, transparency, confidentiality, and informed consent are described. Additionally, nursing professional competencies related to ethical, legal, and social issues in the translation of genomics into health care are discussed. Ethical, legal, and social considerations in new genomic discovery necessitate that healthcare professionals have knowledge and competence to respond to complex genomic issues and provide appropriate information and care to patients, families, and communities. Understanding the ethical, legal, and social issues in the translation of genomic information into practice is essential to provide patients, families, and communities with competent, safe, effective health care. © 2013 Sigma Theta Tau International.

  10. Same-Sex Couples: Legal Complexities

    ERIC Educational Resources Information Center

    Oswald, Ramona Faith; Kuvalanka, Katherine A.

    2008-01-01

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

  11. Legal dimensions of power in the dental office.

    PubMed

    Van Dermyden, Sue Ann; Sperry, Alex

    2013-01-01

    Hostile workplace environments and sexual harassment depend on unequal power. It is the legal responsibility of the employer (the dentist practice owner) to protect against, investigate, and take appropriate action to prevent the abuse of power in the office. This article discusses harassment by dentists, staff members, and patient, vendors, and other third parties. Six direct steps for managing this issue are presented.

  12. Medical-legal issues in Charcot's neurologic career.

    PubMed

    Goetz, Christopher G

    2004-05-25

    Trace the medical-legal involvement of the 19th century clinical neurologist Jean-Martin Charcot. The two major neurologic concerns of the 1800s that involved legal questions were topics of particular academic interest to Charcot: post-traumatic neurologic syndromes and the behavioral consequences of hysteria and hypnotism. Although Charcot's medical views influenced several nonmedical fields, including art, poetry, and drama, his impact on medical-legal issues has not been examined. Original documents from the Bibliothèque Charcot at the Salpêtrière Hospital in Paris, legal documents, and publications from Charcot's era were examined. Although his involvement in medical-legal affairs was a modest element of Charcot's multifaceted career, he was involved in four different types of medical-legal activities: as a cited authority in the medical-legal literature, as an author of articles within medical-legal contexts, as a subpoenaed expert consultant, and as an expert examiner. Charcot's involvement demonstrates the long tradition of an interface between neurology and legal medicine and provides a model for highly limited but authoritative involvement by academic neurologists in medical-legal affairs.

  13. [The legal possibilities for action in the health inspection of public eating establishments].

    PubMed

    Martínez Ferrando, R; García López de Sa, A; Gómez-Juárez Molina, F

    1991-01-01

    This study, based upon the Spanish legal framework and upon the experience of the authors, is intended to establish the legal procedures for action when a sanitary inspector finds himself in the situation where he observes that a public establishment is infringing some hygiene or sanitary regulation which may carry a health risk of varying seriousness. Possibilities for action are outlined, depending on the urgency and seriousness of the situation, as well as indicating who is responsible for the application of the law in each case. The legal possibilities for action are: the closure of the establishment, a warning, and institution of penal proceedings. Finally some suggestions are made as to the method of carrying out such inspections.

  14. Connecticut Women's Education and Legal Fund Annual Report, 2007-2008

    ERIC Educational Resources Information Center

    Connecticut Women's Education and Legal Fund, 2008

    2008-01-01

    Connecticut Women's Education and Legal Fund (CWEALF) is a statewide non-profit organization dedicated to empowering women, girls and their families to achieve equal opportunities in their personal and professional lives. Members are guided by their commitment to feminism, diversity, empowerment, personal responsibility and self-sufficiency,…

  15. Law and Legal Systems: The Family Connection. 1981 Burgess Address.

    ERIC Educational Resources Information Center

    Sussman, Marvin B.

    1983-01-01

    Discusses the concept of law, presenting philosophical bases and historic antecedents. Reviews research studies which illustrate the connections of law to family structure as well as different family and legal issues, including inheritance, marriage contracts and common law, visitation rights, filial responsibility, and child support enforcement.…

  16. 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…

  17. Evaluation of the legal consequences of action affects neural activity and emotional experience during the resolution of moral dilemmas.

    PubMed

    Pletti, Carolina; Sarlo, Michela; Palomba, Daniela; Rumiati, Rino; Lotto, Lorella

    2015-03-01

    In any modern society killing is regarded as a severe violation of the legal codes that is subjected to penal judgment. Therefore, it is likely that people take legal consequences into account when deciding about the hypothetical killing of one person in classic moral dilemmas, with legal concerns contributing to decision-making. In particular, by differing for the degree of intentionality and emotional salience, Footbridge- and Trolley-type dilemmas might promote differential assignment of blame and punishment while implicating the same severity of harm. The present study was aimed at comparing the neural activity, subjective emotional reactions, and behavioral choices in two groups of participants who either took (Legal group) or did not take (No Legal group) legal consequences into account when deciding on Footbridge-type and Trolley-type moral dilemmas. Stimulus- and response-locked ERPs were measured to investigate the neural activity underlying two separate phases of the decision process. No difference in behavioral choices was found between groups. However, the No Legal group reported greater overall emotional impact, associated with lower preparation for action, suggesting greater conflict between alternative motor responses representing the different decision choices. In contrast, the Legal group showed an overall dampened affective experience during decision-making associated with greater overall action readiness and intention to act, reflecting lower conflict in responding. On these bases, we suggest that in moral dilemmas legal consequences of actions provide a sort of reference point on which people can rely to support a decision, independent of dilemma type. Copyright © 2015 Elsevier Inc. All rights reserved.

  18. Abortion legalized: challenges ahead.

    PubMed

    Singh, M; Jha, R

    2007-01-01

    To see whether advocacy for abortion law and comprehensive abortion care (CAC) sites after legalization of abortion in Nepal is adequate among educated people (above school leaving certificate). 150 participants were assigned randomly who agreed to be in the survey and were given structured questionnaires to find out their perception of abortion and CAC sites. Majority know abortion is legalized and majority have positive attitude about legalization of abortion, however majority are not aware of abortion service in CAC sites and none knew the cost of abortion service. Proper and adequate advocacy of the new abortion law and CAC service is essential.

  19. Legal preparedness: care of the critically ill and injured during pandemics and disasters: CHEST consensus statement.

    PubMed

    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

    2014-10-01

    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. 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. 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 contribute to protecting

  20. 17 CFR 39.27 - Legal risk considerations.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 17 Commodity and Securities Exchanges 1 2014-04-01 2014-04-01 false Legal risk considerations. 39... CLEARING ORGANIZATIONS Compliance with Core Principles § 39.27 Legal risk considerations. (a) Legal... by the appropriate foreign licensing authority. (b) Legal framework. A derivatives clearing...

  1. 5 CFR 1653.12 - Qualifying legal processes.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... 5 Administrative Personnel 3 2013-01-01 2013-01-01 false Qualifying legal processes. 1653.12 Section 1653.12 Administrative Personnel FEDERAL RETIREMENT THRIFT INVESTMENT BOARD COURT ORDERS AND LEGAL PROCESSES AFFECTING THRIFT SAVINGS PLAN ACCOUNTS Legal Process for the Enforcement of a Participant's Legal...

  2. 5 CFR 1653.12 - Qualifying legal processes.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 5 Administrative Personnel 3 2014-01-01 2014-01-01 false Qualifying legal processes. 1653.12 Section 1653.12 Administrative Personnel FEDERAL RETIREMENT THRIFT INVESTMENT BOARD COURT ORDERS AND LEGAL PROCESSES AFFECTING THRIFT SAVINGS PLAN ACCOUNTS Legal Process for the Enforcement of a Participant's Legal...

  3. 5 CFR 1653.13 - Processing legal processes.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 5 Administrative Personnel 3 2014-01-01 2014-01-01 false Processing legal processes. 1653.13 Section 1653.13 Administrative Personnel FEDERAL RETIREMENT THRIFT INVESTMENT BOARD COURT ORDERS AND LEGAL PROCESSES AFFECTING THRIFT SAVINGS PLAN ACCOUNTS Legal Process for the Enforcement of a Participant's Legal...

  4. 5 CFR 1653.13 - Processing legal processes.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... 5 Administrative Personnel 3 2013-01-01 2013-01-01 false Processing legal processes. 1653.13 Section 1653.13 Administrative Personnel FEDERAL RETIREMENT THRIFT INVESTMENT BOARD COURT ORDERS AND LEGAL PROCESSES AFFECTING THRIFT SAVINGS PLAN ACCOUNTS Legal Process for the Enforcement of a Participant's Legal...

  5. 5 CFR 1653.12 - Qualifying legal processes.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Qualifying legal processes. 1653.12 Section 1653.12 Administrative Personnel FEDERAL RETIREMENT THRIFT INVESTMENT BOARD COURT ORDERS AND LEGAL PROCESSES AFFECTING THRIFT SAVINGS PLAN ACCOUNTS Legal Process for the Enforcement of a Participant's Legal...

  6. Formal and Legal Aspects of Buying and Commissioning Flats

    NASA Astrophysics Data System (ADS)

    Dubas, Sebastian; Nowotarski, Piotr; Milwicz, Roman

    2017-10-01

    Formal and legal aspects of buying flats and their reception is very current topic and touches wide group of buyers. Annually in Poland great amount of flats is being sold and put to use. However, the case of housing purchase requires knowledge of both the construction and the legal aspects each buyer has to encounter. The paper faces the subject of formal and legal aspects, and analyses accompanying procedure of purchase and reception of housing in Poland. The article presents principles associated with the acquisition of a dwelling, process of works reception, removal of detected faults, fault-free reception, transfer of ownership, warranties, guarantees and possibilities of their enforcement. Contracting parties of the developer agreement were revealed. In addition, the entities present in the course of works such as general contractor were mentioned, due to the fact of his direct influence on the results of a contract terms between developer and buyer. Logical connection between three parties (buyer-developer-general contractor) were shown and direct and indirect dependencies were revealed. Existing laws and regulations that govern the relationship between the developer and the buyer of a dwelling were determined showing basic rights and responsibilities of each. The article also presents problems resulting from delaying the completion of works by developer’s fault and indicates possible legal paths to follow in order claim their rights. Due to the fact, that many of discussed formal and legal aspects in this subject have their origin connected to construction works and design issues, author suggests increased quality control and efficient work organization in order to solve problems before appearance.

  7. 5 CFR 919.965 - Legal proceedings.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... 5 Administrative Personnel 2 2013-01-01 2013-01-01 false Legal proceedings. 919.965 Section 919... (CONTINUED) GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 919.965 Legal proceedings. Legal proceedings means any criminal proceeding or any civil judicial proceeding, including a proceeding...

  8. 29 CFR 1471.965 - Legal proceedings.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 29 Labor 4 2014-07-01 2014-07-01 false Legal proceedings. 1471.965 Section 1471.965 Labor Regulations Relating to Labor (Continued) FEDERAL MEDIATION AND CONCILIATION SERVICE GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 1471.965 Legal proceedings. Legal proceedings means any...

  9. 22 CFR 1006.965 - Legal proceedings.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 22 Foreign Relations 2 2014-04-01 2014-04-01 false Legal proceedings. 1006.965 Section 1006.965 Foreign Relations INTER-AMERICAN FOUNDATION GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 1006.965 Legal proceedings. Legal proceedings means any criminal proceeding or any civil...

  10. 22 CFR 208.965 - Legal proceedings.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

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

  11. 29 CFR 1471.965 - Legal proceedings.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 29 Labor 4 2013-07-01 2013-07-01 false Legal proceedings. 1471.965 Section 1471.965 Labor Regulations Relating to Labor (Continued) FEDERAL MEDIATION AND CONCILIATION SERVICE GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 1471.965 Legal proceedings. Legal proceedings means any...

  12. 29 CFR 1471.965 - Legal proceedings.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

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

  13. 22 CFR 1006.965 - Legal proceedings.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 22 Foreign Relations 2 2012-04-01 2009-04-01 true Legal proceedings. 1006.965 Section 1006.965 Foreign Relations INTER-AMERICAN FOUNDATION GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 1006.965 Legal proceedings. Legal proceedings means any criminal proceeding or any civil...

  14. 22 CFR 208.965 - Legal proceedings.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

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

  15. 22 CFR 1508.965 - Legal proceedings.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

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

  16. 29 CFR 1471.965 - Legal proceedings.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

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

  17. 29 CFR 1471.965 - Legal proceedings.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 29 Labor 4 2012-07-01 2012-07-01 false Legal proceedings. 1471.965 Section 1471.965 Labor Regulations Relating to Labor (Continued) FEDERAL MEDIATION AND CONCILIATION SERVICE GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 1471.965 Legal proceedings. Legal proceedings means any...

  18. 5 CFR 919.965 - Legal proceedings.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 5 Administrative Personnel 2 2012-01-01 2012-01-01 false Legal proceedings. 919.965 Section 919... (CONTINUED) GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 919.965 Legal proceedings. Legal proceedings means any criminal proceeding or any civil judicial proceeding, including a proceeding...

  19. 5 CFR 919.965 - Legal proceedings.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

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

  20. 22 CFR 1508.965 - Legal proceedings.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 22 Foreign Relations 2 2013-04-01 2009-04-01 true Legal proceedings. 1508.965 Section 1508.965 Foreign Relations AFRICAN DEVELOPMENT FOUNDATION GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 1508.965 Legal proceedings. Legal proceedings means any criminal proceeding or any civil...

  1. 5 CFR 919.965 - Legal proceedings.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 5 Administrative Personnel 2 2010-01-01 2010-01-01 false Legal proceedings. 919.965 Section 919... (CONTINUED) GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 919.965 Legal proceedings. Legal proceedings means any criminal proceeding or any civil judicial proceeding, including a proceeding...

  2. 22 CFR 1006.965 - Legal proceedings.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

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

  3. 5 CFR 919.965 - Legal proceedings.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 5 Administrative Personnel 2 2014-01-01 2014-01-01 false Legal proceedings. 919.965 Section 919... (CONTINUED) GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 919.965 Legal proceedings. Legal proceedings means any criminal proceeding or any civil judicial proceeding, including a proceeding...

  4. 22 CFR 1006.965 - Legal proceedings.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

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

  5. 22 CFR 1508.965 - Legal proceedings.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

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

  6. 77 FR 32441 - Proposed Legal Interpretation

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-06-01

    ...-0045] Proposed Legal Interpretation AGENCY: Federal Aviation Administration (FAA). ACTION: Proposed interpretation. SUMMARY: The FAA is considering clarifying prior legal interpretations regarding pilot in command...; telephone: 202-267- 3073. SUPPLEMENTARY INFORMATION: On May 12, 2010, the FAA received a request for a legal...

  7. 22 CFR 1006.965 - Legal proceedings.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 22 Foreign Relations 2 2013-04-01 2009-04-01 true Legal proceedings. 1006.965 Section 1006.965 Foreign Relations INTER-AMERICAN FOUNDATION GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 1006.965 Legal proceedings. Legal proceedings means any criminal proceeding or any civil...

  8. 22 CFR 1508.965 - Legal proceedings.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 22 Foreign Relations 2 2012-04-01 2009-04-01 true Legal proceedings. 1508.965 Section 1508.965 Foreign Relations AFRICAN DEVELOPMENT FOUNDATION GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 1508.965 Legal proceedings. Legal proceedings means any criminal proceeding or any civil...

  9. 22 CFR 1508.965 - Legal proceedings.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 22 Foreign Relations 2 2014-04-01 2014-04-01 false Legal proceedings. 1508.965 Section 1508.965 Foreign Relations AFRICAN DEVELOPMENT FOUNDATION GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 1508.965 Legal proceedings. Legal proceedings means any criminal proceeding or any civil...

  10. Considering marijuana legalization carefully: insights for other jurisdictions from analysis for Vermont.

    PubMed

    Caulkins, Jonathan P; Kilmer, Beau

    2016-12-01

    In 2014 the legislature of Vermont, USA passed a law requiring the Secretary of Administration to report on the consequences of legalizing marijuana. The RAND Corporation was commissioned to write that report. This paper summarizes insights from that analysis that are germane to other jurisdictions. Translation of key findings from the RAND Corporation report to the broader policy debate. Marijuana legalization encompasses a wide range of possible regimes, distinguished along at least four dimensions: which organizations are allowed to produce and supply the drug, the regulations under which they operate, the nature of the products that can be distributed and taxes and prices. Vermont's decriminalization had already cut its costs of enforcing marijuana prohibition against adults to about $1 per resident per year. That is probably less than the cost of regulating a legal market. Revenues from taxing residents' purchases after legalization could be many times that amount, so the main fiscal cost of prohibition after decriminalization relative to outright legalization may be foregone tax revenues, not enforcement costs. Approximately 40 times as many users live within 200 miles of Vermont's borders as live within the state; drug tourism and associated tax revenues will be important considerations, as will be the response of other states. Indeed, if another state legalized with lower taxes, that could undermine the ability to collect taxes on even Vermont residents' purchases. Analysis of possible outcomes if Vermont, USA, legalized marijuana reveal that choices about how, and not just whether, to legalize a drug can have profound consequences for the effects on health and social wellbeing, and the choices of one jurisdiction can affect the options and incentives available to other jurisdictions. © 2016 Society for the Study of Addiction.

  11. 7 CFR 3017.965 - Legal proceedings.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

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

  12. 76 FR 11176 - Proposed Legal Interpretation

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-03-01

    ...-0045] Proposed Legal Interpretation AGENCY: Federal Aviation Administration (FAA). ACTION: Proposed...-flight duties. See Legal Interpretation from Donald P. Byrne to James W. Johnson (August 24, 1999). In... rest. See Legal Interpretation from Donald P. Byrne to James W. Johnson (August 24, 1999). Thus, when...

  13. 32 CFR 637.12 - Legal considerations.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 32 National Defense 4 2011-07-01 2011-07-01 false Legal considerations. 637.12 Section 637.12... CRIMINAL INVESTIGATIONS MILITARY POLICE INVESTIGATION Investigations § 637.12 Legal considerations. (a... of establishing a legal opinion as to whether sufficient credible evidence has been established to...

  14. 32 CFR 637.12 - Legal considerations.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 32 National Defense 4 2010-07-01 2010-07-01 true Legal considerations. 637.12 Section 637.12... CRIMINAL INVESTIGATIONS MILITARY POLICE INVESTIGATION Investigations § 637.12 Legal considerations. (a... of establishing a legal opinion as to whether sufficient credible evidence has been established to...

  15. 32 CFR 637.12 - Legal considerations.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 32 National Defense 4 2014-07-01 2013-07-01 true Legal considerations. 637.12 Section 637.12... CRIMINAL INVESTIGATIONS MILITARY POLICE INVESTIGATION Investigations § 637.12 Legal considerations. (a... of establishing a legal opinion as to whether sufficient credible evidence has been established to...

  16. 32 CFR 637.12 - Legal considerations.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 32 National Defense 4 2013-07-01 2013-07-01 false Legal considerations. 637.12 Section 637.12... CRIMINAL INVESTIGATIONS MILITARY POLICE INVESTIGATION Investigations § 637.12 Legal considerations. (a... of establishing a legal opinion as to whether sufficient credible evidence has been established to...

  17. 32 CFR 637.12 - Legal considerations.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 32 National Defense 4 2012-07-01 2011-07-01 true Legal considerations. 637.12 Section 637.12... CRIMINAL INVESTIGATIONS MILITARY POLICE INVESTIGATION Investigations § 637.12 Legal considerations. (a... of establishing a legal opinion as to whether sufficient credible evidence has been established to...

  18. 2 CFR 180.965 - Legal proceedings.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 2 Grants and Agreements 1 2014-01-01 2014-01-01 false Legal proceedings. 180.965 Section 180.965... ON GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 180.965 Legal proceedings. Legal proceedings means any criminal proceeding or any civil judicial proceeding, including a proceeding...

  19. Overview of the TREC 2009 Legal Track

    DTIC Science & Technology

    2009-11-01

    on the IIT CDIP 1.0 collection [9]), we turned, in 2009, to a collection of emails that had been produced by Enron in response to requests from the...collection as the 2006–2008 Legal Tracks, the IIT Complex Document Information Processing ( CDIP ) Test Collection, version 1.0 (referred to here as “IIT... CDIP 1.0”) which is based on scanned documents released under the tobacco “Master Settlement Agreement” (MSA). The University of California San

  20. 45 CFR 98.34 - Parental rights and responsibilities.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... DEVELOPMENT FUND Program Operations (Child Care Services)-Parental Rights and Responsibilities § 98.34... to infringe on or usurp the moral and legal rights and responsibilities of parents or legal guardians. ... 45 Public Welfare 1 2012-10-01 2012-10-01 false Parental rights and responsibilities. 98.34...

  1. 45 CFR 98.34 - Parental rights and responsibilities.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... DEVELOPMENT FUND Program Operations (Child Care Services)-Parental Rights and Responsibilities § 98.34... to infringe on or usurp the moral and legal rights and responsibilities of parents or legal guardians. ... 45 Public Welfare 1 2013-10-01 2013-10-01 false Parental rights and responsibilities. 98.34...

  2. 45 CFR 98.34 - Parental rights and responsibilities.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... DEVELOPMENT FUND Program Operations (Child Care Services)-Parental Rights and Responsibilities § 98.34... to infringe on or usurp the moral and legal rights and responsibilities of parents or legal guardians. ... 45 Public Welfare 1 2011-10-01 2011-10-01 false Parental rights and responsibilities. 98.34...

  3. 45 CFR 98.34 - Parental rights and responsibilities.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... DEVELOPMENT FUND Program Operations (Child Care Services)-Parental Rights and Responsibilities § 98.34... to infringe on or usurp the moral and legal rights and responsibilities of parents or legal guardians. ... 45 Public Welfare 1 2014-10-01 2014-10-01 false Parental rights and responsibilities. 98.34...

  4. 45 CFR 98.34 - Parental rights and responsibilities.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... DEVELOPMENT FUND Program Operations (Child Care Services)-Parental Rights and Responsibilities § 98.34... to infringe on or usurp the moral and legal rights and responsibilities of parents or legal guardians. ... 45 Public Welfare 1 2010-10-01 2010-10-01 false Parental rights and responsibilities. 98.34...

  5. Attitudes towards drug legalization among drug users.

    PubMed

    Trevino, Roberto A; Richard, Alan J

    2002-01-01

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

  6. Should Drugs Be Legalized?

    ERIC Educational Resources Information Center

    Chambliss, William; Scorza, Thomas

    1989-01-01

    Presents two opposing viewpoints concerning the legalization of drugs. States that control efforts are not cost effective and suggests that legalization with efforts at education is a better course of action (W. Chambliss). The opposing argument contends that the cost in human suffering negates any savings in dollars gained through legalization…

  7. Certificates of confidentiality: legal counsels' experiences with and perspectives on legal demands for research data.

    PubMed

    Wolf, Leslie E; Dame, Lauren A; Patel, Mayank J; Williams, Brett A; Austin, Jefferey A; Beskow, Laura M

    2012-10-01

    The certificate of confidentiality (Certificate) is an important tool for protecting identifiable, sensitive human subjects research data in the United States. However, little is known about the Certificate's effectiveness in protecting identifiable data. We interviewed 24 legal counsel representing U.S. research institutions about their experiences with legal demands for research data. Our respondents reported few, if any, legal demands over the course of their tenure, but two-thirds had experience with legal demands for data protected by a Certificate. They reported such demands often were resolved without disclosure of identifiable research data, typically without court intervention. While our respondents reported similar success protecting identifiable data in court, they often did not rely on the Certificate to do so.

  8. 31 CFR 19.965 - Legal proceedings.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

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

  9. 31 CFR 19.965 - Legal proceedings.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 31 Money and Finance: Treasury 1 2012-07-01 2012-07-01 false Legal proceedings. 19.965 Section 19.965 Money and Finance: Treasury Office of the Secretary of the Treasury GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 19.965 Legal proceedings. Legal proceedings means any criminal...

  10. 28 CFR 0.13 - Legal proceedings.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

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

  11. 31 CFR 19.965 - Legal proceedings.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

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

  12. 28 CFR 0.13 - Legal proceedings.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 28 Judicial Administration 1 2013-07-01 2013-07-01 false Legal proceedings. 0.13 Section 0.13... Attorney General § 0.13 Legal proceedings. (a) Each Assistant Attorney General and Deputy Assistant... to conduct any legal proceeding, civil or criminal, including grand jury proceedings and proceedings...

  13. 29 CFR 98.965 - Legal proceedings.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 29 Labor 1 2012-07-01 2012-07-01 false Legal proceedings. 98.965 Section 98.965 Labor Office of the Secretary of Labor GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 98.965 Legal proceedings. Legal proceedings means any criminal proceeding or any civil judicial proceeding...

  14. 2 CFR 180.965 - Legal proceedings.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 2 Grants and Agreements 1 2012-01-01 2012-01-01 false Legal proceedings. 180.965 Section 180.965 Grants and Agreements Office of Management and Budget Guidance for Grants and Agreements OFFICE OF... Legal proceedings. Legal proceedings means any criminal proceeding or any civil judicial proceeding...

  15. 21 CFR 1404.965 - Legal proceedings.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 21 Food and Drugs 9 2012-04-01 2012-04-01 false Legal proceedings. 1404.965 Section 1404.965 Food and Drugs OFFICE OF NATIONAL DRUG CONTROL POLICY GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 1404.965 Legal proceedings. Legal proceedings means any criminal proceeding or any...

  16. 28 CFR 0.13 - Legal proceedings.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 28 Judicial Administration 1 2012-07-01 2012-07-01 false Legal proceedings. 0.13 Section 0.13... Attorney General § 0.13 Legal proceedings. (a) Each Assistant Attorney General and Deputy Assistant... to conduct any legal proceeding, civil or criminal, including grand jury proceedings and proceedings...

  17. 21 CFR 1404.965 - Legal proceedings.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 21 Food and Drugs 9 2014-04-01 2014-04-01 false Legal proceedings. 1404.965 Section 1404.965 Food and Drugs OFFICE OF NATIONAL DRUG CONTROL POLICY GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 1404.965 Legal proceedings. Legal proceedings means any criminal proceeding or any...

  18. 29 CFR 98.965 - Legal proceedings.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 29 Labor 1 2013-07-01 2013-07-01 false Legal proceedings. 98.965 Section 98.965 Labor Office of the Secretary of Labor GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 98.965 Legal proceedings. Legal proceedings means any criminal proceeding or any civil judicial proceeding...

  19. 34 CFR 85.965 - Legal proceedings.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 34 Education 1 2010-07-01 2010-07-01 false Legal proceedings. 85.965 Section 85.965 Education Office of the Secretary, Department of Education GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 85.965 Legal proceedings. Legal proceedings means any criminal proceeding or any civil judicial...

  20. 28 CFR 0.13 - Legal proceedings.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 28 Judicial Administration 1 2014-07-01 2014-07-01 false Legal proceedings. 0.13 Section 0.13... Attorney General § 0.13 Legal proceedings. (a) Each Assistant Attorney General and Deputy Assistant... to conduct any legal proceeding, civil or criminal, including grand jury proceedings and proceedings...

  1. 31 CFR 19.965 - Legal proceedings.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 31 Money and Finance: Treasury 1 2013-07-01 2013-07-01 false Legal proceedings. 19.965 Section 19.965 Money and Finance: Treasury Office of the Secretary of the Treasury GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 19.965 Legal proceedings. Legal proceedings means any criminal...

  2. 21 CFR 1404.965 - Legal proceedings.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 21 Food and Drugs 9 2011-04-01 2011-04-01 false Legal proceedings. 1404.965 Section 1404.965 Food and Drugs OFFICE OF NATIONAL DRUG CONTROL POLICY GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 1404.965 Legal proceedings. Legal proceedings means any criminal proceeding or any...

  3. 21 CFR 1404.965 - Legal proceedings.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 21 Food and Drugs 9 2013-04-01 2013-04-01 false Legal proceedings. 1404.965 Section 1404.965 Food and Drugs OFFICE OF NATIONAL DRUG CONTROL POLICY GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 1404.965 Legal proceedings. Legal proceedings means any criminal proceeding or any...

  4. 2 CFR 180.965 - Legal proceedings.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 2 Grants and Agreements 1 2011-01-01 2011-01-01 false Legal proceedings. 180.965 Section 180.965... ON GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 180.965 Legal proceedings. Legal proceedings means any criminal proceeding or any civil judicial proceeding, including a proceeding...

  5. 21 CFR 1404.965 - Legal proceedings.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 21 Food and Drugs 9 2010-04-01 2010-04-01 false Legal proceedings. 1404.965 Section 1404.965 Food and Drugs OFFICE OF NATIONAL DRUG CONTROL POLICY GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 1404.965 Legal proceedings. Legal proceedings means any criminal proceeding or any...

  6. 31 CFR 19.965 - Legal proceedings.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 31 Money and Finance: Treasury 1 2014-07-01 2014-07-01 false Legal proceedings. 19.965 Section 19.965 Money and Finance: Treasury Office of the Secretary of the Treasury GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 19.965 Legal proceedings. Legal proceedings means any criminal...

  7. 34 CFR 85.965 - Legal proceedings.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 34 Education 1 2011-07-01 2011-07-01 false Legal proceedings. 85.965 Section 85.965 Education Office of the Secretary, Department of Education GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 85.965 Legal proceedings. Legal proceedings means any criminal proceeding or any civil judicial...

  8. 2 CFR 180.965 - Legal proceedings.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... 2 Grants and Agreements 1 2013-01-01 2013-01-01 false Legal proceedings. 180.965 Section 180.965 Grants and Agreements Office of Management and Budget Guidance for Grants and Agreements OFFICE OF... Legal proceedings. Legal proceedings means any criminal proceeding or any civil judicial proceeding...

  9. 29 CFR 98.965 - Legal proceedings.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

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

  10. 5 CFR 582.305 - Honoring legal process.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 5 Administrative Personnel 1 2014-01-01 2014-01-01 false Honoring legal process. 582.305 Section... GARNISHMENT OF FEDERAL EMPLOYEES' PAY Compliance With Legal Process § 582.305 Honoring legal process. (a) The agency shall comply with legal process, except where the process cannot be complied with because: (1) It...

  11. 5 CFR 582.305 - Honoring legal process.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 5 Administrative Personnel 1 2011-01-01 2011-01-01 false Honoring legal process. 582.305 Section... GARNISHMENT OF FEDERAL EMPLOYEES' PAY Compliance With Legal Process § 582.305 Honoring legal process. (a) The agency shall comply with legal process, except where the process cannot be complied with because: (1) It...

  12. 48 CFR 1552.211-76 - Legal analysis.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... 48 Federal Acquisition Regulations System 6 2014-10-01 2014-10-01 false Legal analysis. 1552.211... Legal analysis. As prescribed in 1511.011-76, insert this contract clause when it is determined that the contract involves legal analysis. Legal Analysis (APR 1984) The Contractor shall furnish to the Contracting...

  13. 48 CFR 1552.211-76 - Legal analysis.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 48 Federal Acquisition Regulations System 6 2013-10-01 2013-10-01 false Legal analysis. 1552.211... Legal analysis. As prescribed in 1511.011-76, insert this contract clause when it is determined that the contract involves legal analysis. Legal Analysis (APR 1984) The Contractor shall furnish to the Contracting...

  14. 48 CFR 1552.211-76 - Legal analysis.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... 48 Federal Acquisition Regulations System 6 2012-10-01 2012-10-01 false Legal analysis. 1552.211... Legal analysis. As prescribed in 1511.011-76, insert this contract clause when it is determined that the contract involves legal analysis. Legal Analysis (APR 1984) The Contractor shall furnish to the Project...

  15. 48 CFR 1552.211-76 - Legal analysis.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

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

  16. 5 CFR 582.305 - Honoring legal process.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 5 Administrative Personnel 1 2010-01-01 2010-01-01 false Honoring legal process. 582.305 Section... GARNISHMENT OF FEDERAL EMPLOYEES' PAY Compliance With Legal Process § 582.305 Honoring legal process. (a) The agency shall comply with legal process, except where the process cannot be complied with because: (1) It...

  17. Some Legal Aspects of Campus Housing.

    ERIC Educational Resources Information Center

    Moore, Donald R.

    Legal aspects and implications affecting college and university housing administration are unpredictable, unsettled, and subject to change. The complete practical guide to the everyday legal answers for campus housing simply does not exist. This document presents some specific legal considerations involved in housing that may affect the management…

  18. 36 CFR 1275.14 - Legal custody.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

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

  19. 2 CFR 180.965 - Legal proceedings.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

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

  20. 40 CFR 62.4623 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

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

  1. 29 CFR 98.965 - Legal proceedings.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 29 Labor 1 2014-07-01 2013-07-01 true Legal proceedings. 98.965 Section 98.965 Labor Office of the Secretary of Labor GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 98.965 Legal proceedings. Legal proceedings means any criminal proceeding or any civil judicial proceeding, including a...

  2. 40 CFR 52.1325 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

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

  3. 20 CFR 725.230 - Legal impediment.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 20 Employees' Benefits 3 2011-04-01 2011-04-01 false Legal impediment. 725.230 Section 725.230... Conditions and Duration of Entitlement: Miner's Dependents (augmented Benefits) § 725.230 Legal impediment. For purposes of this subpart, “legal impediment” means an impediment resulting from the lack of...

  4. 40 CFR 52.1325 - Legal authority.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 40 Protection of Environment 4 2012-07-01 2012-07-01 false Legal authority. 52.1325 Section 52...) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Missouri § 52.1325 Legal authority. (a... exist in local legal authority. (1) St. Louis County Division of Air Pollution Control: (i) Authority to...

  5. 36 CFR 1275.14 - Legal custody.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

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

  6. 40 CFR 52.1325 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

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

  7. 40 CFR 62.4623 - Legal authority.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 40 Protection of Environment 9 2012-07-01 2012-07-01 false Legal authority. 62.4623 Section 62... Control of Designated Pollutants from Existing Facilities (section 111(d) Plan) § 62.4623 Legal authority... adequate legal authority for the State to make emission data, as correlated with applicable emissions...

  8. 40 CFR 62.4623 - Legal authority.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 40 Protection of Environment 9 2013-07-01 2013-07-01 false Legal authority. 62.4623 Section 62... Control of Designated Pollutants from Existing Facilities (section 111(d) Plan) § 62.4623 Legal authority... adequate legal authority for the State to make emission data, as correlated with applicable emissions...

  9. 20 CFR 725.230 - Legal impediment.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false Legal impediment. 725.230 Section 725.230... Conditions and Duration of Entitlement: Miner's Dependents (augmented Benefits) § 725.230 Legal impediment. For purposes of this subpart, “legal impediment” means an impediment resulting from the lack of...

  10. 20 CFR 725.230 - Legal impediment.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 20 Employees' Benefits 4 2014-04-01 2014-04-01 false Legal impediment. 725.230 Section 725.230... Conditions and Duration of Entitlement: Miner's Dependents (augmented Benefits) § 725.230 Legal impediment. For purposes of this subpart, “legal impediment” means an impediment resulting from the lack of...

  11. 20 CFR 725.230 - Legal impediment.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 20 Employees' Benefits 4 2013-04-01 2013-04-01 false Legal impediment. 725.230 Section 725.230... Conditions and Duration of Entitlement: Miner's Dependents (augmented Benefits) § 725.230 Legal impediment. For purposes of this subpart, “legal impediment” means an impediment resulting from the lack of...

  12. 36 CFR 1275.14 - Legal custody.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 36 Parks, Forests, and Public Property 3 2012-07-01 2012-07-01 false Legal custody. 1275.14... THE NIXON ADMINISTRATION General Provisions § 1275.14 Legal custody. The Archivist of the United States has or will obtain exclusive legal custody and control of all Presidential historical materials of...

  13. 20 CFR 725.230 - Legal impediment.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 20 Employees' Benefits 4 2012-04-01 2012-04-01 false Legal impediment. 725.230 Section 725.230... Conditions and Duration of Entitlement: Miner's Dependents (augmented Benefits) § 725.230 Legal impediment. For purposes of this subpart, “legal impediment” means an impediment resulting from the lack of...

  14. 40 CFR 52.1325 - Legal authority.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 40 Protection of Environment 4 2013-07-01 2013-07-01 false Legal authority. 52.1325 Section 52...) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Missouri § 52.1325 Legal authority. (a... exist in local legal authority. (1) St. Louis County Division of Air Pollution Control: (i) Authority to...

  15. 40 CFR 62.4623 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

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

  16. 29 CFR 98.965 - Legal proceedings.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

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

  17. 40 CFR 52.1325 - Legal authority.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 40 Protection of Environment 4 2014-07-01 2014-07-01 false Legal authority. 52.1325 Section 52...) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Missouri § 52.1325 Legal authority. (a... exist in local legal authority. (1) St. Louis County Division of Air Pollution Control: (i) Authority to...

  18. 36 CFR 1275.14 - Legal custody.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 36 Parks, Forests, and Public Property 3 2014-07-01 2014-07-01 false Legal custody. 1275.14... THE NIXON ADMINISTRATION General Provisions § 1275.14 Legal custody. The Archivist of the United States has or will obtain exclusive legal custody and control of all Presidential historical materials of...

  19. 40 CFR 62.4623 - Legal authority.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 40 Protection of Environment 9 2014-07-01 2014-07-01 false Legal authority. 62.4623 Section 62... Control of Designated Pollutants from Existing Facilities (section 111(d) Plan) § 62.4623 Legal authority... adequate legal authority for the State to make emission data, as correlated with applicable emissions...

  20. 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…

  1. 32 CFR 215.4 - Legal considerations.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 32 National Defense 2 2014-07-01 2014-07-01 false Legal considerations. 215.4 Section 215.4...) MISCELLANEOUS EMPLOYMENT OF MILITARY RESOURCES IN THE EVENT OF CIVIL DISTURBANCES § 215.4 Legal considerations... the Federal Government at the local level, there are additional legal limits upon the use of military...

  2. 40 CFR 62.05 - Legal authority.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 40 Protection of Environment 9 2014-07-01 2014-07-01 false Legal authority. 62.05 Section 62.05... PROMULGATION OF STATE PLANS FOR DESIGNATED FACILITIES AND POLLUTANTS General Provisions § 62.05 Legal authority. (a) The Administrator's determination of the absence or inadequacy of legal authority required to be...

  3. 45 CFR 1321.71 - Legal assistance.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... 45 Public Welfare 4 2012-10-01 2012-10-01 false Legal assistance. 1321.71 Section 1321.71 Public... AND COMMUNITY PROGRAMS ON AGING Service Requirements § 1321.71 Legal assistance. (a) The provisions and restrictions in this section apply only to legal assistance providers and only if they are...

  4. 45 CFR 1321.71 - Legal assistance.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... 45 Public Welfare 4 2011-10-01 2011-10-01 false Legal assistance. 1321.71 Section 1321.71 Public... AND COMMUNITY PROGRAMS ON AGING Service Requirements § 1321.71 Legal assistance. (a) The provisions and restrictions in this section apply only to legal assistance providers and only if they are...

  5. 40 CFR 62.05 - Legal authority.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 40 Protection of Environment 9 2013-07-01 2013-07-01 false Legal authority. 62.05 Section 62.05... PROMULGATION OF STATE PLANS FOR DESIGNATED FACILITIES AND POLLUTANTS General Provisions § 62.05 Legal authority. (a) The Administrator's determination of the absence or inadequacy of legal authority required to be...

  6. 29 CFR 1912.41 - Legal services.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 29 Labor 7 2013-07-01 2013-07-01 false Legal services. 1912.41 Section 1912.41 Labor Regulations...) ADVISORY COMMITTEES ON STANDARDS Miscellaneous § 1912.41 Legal services. The Solicitor of Labor shall provide such legal assistance as may be necessary or appropriate for advisory committees to carry out...

  7. 40 CFR 62.05 - Legal authority.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 40 Protection of Environment 9 2012-07-01 2012-07-01 false Legal authority. 62.05 Section 62.05... PROMULGATION OF STATE PLANS FOR DESIGNATED FACILITIES AND POLLUTANTS General Provisions § 62.05 Legal authority. (a) The Administrator's determination of the absence or inadequacy of legal authority required to be...

  8. 29 CFR 1912.41 - Legal services.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 29 Labor 7 2014-07-01 2014-07-01 false Legal services. 1912.41 Section 1912.41 Labor Regulations...) ADVISORY COMMITTEES ON STANDARDS Miscellaneous § 1912.41 Legal services. The Solicitor of Labor shall provide such legal assistance as may be necessary or appropriate for advisory committees to carry out...

  9. 40 CFR 62.05 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

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

  10. 32 CFR 215.4 - Legal considerations.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 32 National Defense 2 2012-07-01 2012-07-01 false Legal considerations. 215.4 Section 215.4...) MISCELLANEOUS EMPLOYMENT OF MILITARY RESOURCES IN THE EVENT OF CIVIL DISTURBANCES § 215.4 Legal considerations... the Federal Government at the local level, there are additional legal limits upon the use of military...

  11. 29 CFR 1912.41 - Legal services.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 29 Labor 7 2011-07-01 2011-07-01 false Legal services. 1912.41 Section 1912.41 Labor Regulations...) ADVISORY COMMITTEES ON STANDARDS Miscellaneous § 1912.41 Legal services. The Solicitor of Labor shall provide such legal assistance as may be necessary or appropriate for advisory committees to carry out...

  12. 45 CFR 1321.71 - Legal assistance.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 45 Public Welfare 4 2013-10-01 2013-10-01 false Legal assistance. 1321.71 Section 1321.71 Public... AND COMMUNITY PROGRAMS ON AGING Service Requirements § 1321.71 Legal assistance. (a) The provisions and restrictions in this section apply only to legal assistance providers and only if they are...

  13. 32 CFR 215.4 - Legal considerations.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 32 National Defense 2 2011-07-01 2011-07-01 false Legal considerations. 215.4 Section 215.4...) MISCELLANEOUS EMPLOYMENT OF MILITARY RESOURCES IN THE EVENT OF CIVIL DISTURBANCES § 215.4 Legal considerations... the Federal Government at the local level, there are additional legal limits upon the use of military...

  14. 45 CFR 1321.71 - Legal assistance.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... 45 Public Welfare 4 2014-10-01 2014-10-01 false Legal assistance. 1321.71 Section 1321.71 Public... AND COMMUNITY PROGRAMS ON AGING Service Requirements § 1321.71 Legal assistance. (a) The provisions and restrictions in this section apply only to legal assistance providers and only if they are...

  15. 32 CFR 215.4 - Legal considerations.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 32 National Defense 2 2013-07-01 2013-07-01 false Legal considerations. 215.4 Section 215.4...) MISCELLANEOUS EMPLOYMENT OF MILITARY RESOURCES IN THE EVENT OF CIVIL DISTURBANCES § 215.4 Legal considerations... the Federal Government at the local level, there are additional legal limits upon the use of military...

  16. 40 CFR 62.05 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

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

  17. 29 CFR 1912.41 - Legal services.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 29 Labor 7 2012-07-01 2012-07-01 false Legal services. 1912.41 Section 1912.41 Labor Regulations...) ADVISORY COMMITTEES ON STANDARDS Miscellaneous § 1912.41 Legal services. The Solicitor of Labor shall provide such legal assistance as may be necessary or appropriate for advisory committees to carry out...

  18. 32 CFR 215.4 - Legal considerations.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 32 National Defense 2 2010-07-01 2010-07-01 false Legal considerations. 215.4 Section 215.4...) MISCELLANEOUS EMPLOYMENT OF MILITARY RESOURCES IN THE EVENT OF CIVIL DISTURBANCES § 215.4 Legal considerations... the Federal Government at the local level, there are additional legal limits upon the use of military...

  19. 45 CFR 1321.71 - Legal assistance.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 45 Public Welfare 4 2010-10-01 2010-10-01 false Legal assistance. 1321.71 Section 1321.71 Public... AND COMMUNITY PROGRAMS ON AGING Service Requirements § 1321.71 Legal assistance. (a) The provisions and restrictions in this section apply only to legal assistance providers and only if they are...

  20. 29 CFR 1912.41 - Legal services.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 29 Labor 7 2010-07-01 2010-07-01 false Legal services. 1912.41 Section 1912.41 Labor Regulations...) ADVISORY COMMITTEES ON STANDARDS Miscellaneous § 1912.41 Legal services. The Solicitor of Labor shall provide such legal assistance as may be necessary or appropriate for advisory committees to carry out...

  1. Linked health data for pharmacovigilance in children: perceived legal and ethical issues for stakeholders and data guardians.

    PubMed

    Hopf, Yvonne Marina; Bond, Christine B; Francis, Jill J; Haughney, John; Helms, Peter J

    2014-02-12

    The inclusion of the Community Health Index in the recording of National Health Service (NHS) contacts in Scotland facilitates national linkage of data such as prescribing and healthcare utilisation. This linkage could be the basis for identification of adverse drug reactions. The aim of this article is to report the views of healthcare professionals on data sharing, ownership and the legal and other applicable frameworks relevant to linkage of routinely collected paediatric healthcare data. Qualitative study using semistructured face-to-face interviews addressing the study aims. Purposive sample of professional stakeholders (n=25) including experts on ethics, data protection, pharmacovigilance, data linkage, legal issues and prescribing. Interviews were audio-recorded, transcribed and thematically analysed using a framework approach. Participants identified existing data sharing systems in the UK. Access to healthcare data should be approved by the data owners. The definition of data ownership and associated legal responsibilities for linked healthcare data were seen as important factors to ensure accountability for the use of linked data. Yet data owners were seen as facilitators of the proposed data linkage. Twelve frameworks (legal, regulatory and governance) applicable to the linkage of healthcare data were identified. A large number of potentially relevant legal and regulatory frameworks were identified. Ownership of the linked data was seen as an extension of responsibility for, or guardianship of, the source datasets. The consensus emerging from the present study was that clarity is required on the definition of data sharing, data ownership and responsibilities of data owners.

  2. The Legal Ethical Backbone of Conscientious Refusal.

    PubMed

    Munthe, Christian; Nielsen, Morten Ebbe Juul

    2017-01-01

    This article analyzes the idea of a legal right to conscientious refusal for healthcare professionals from a basic legal ethical standpoint, using refusal to perform tasks related to legal abortion (in cases of voluntary employment) as a case in point. The idea of a legal right to conscientious refusal is distinguished from ideas regarding moral rights or reasons related to conscientious refusal, and none of the latter are found to support the notion of a legal right. Reasons for allowing some sort of room for conscientious refusal for healthcare professionals based on the importance of cultural identity and the fostering of a critical atmosphere might provide some support, if no countervailing factors apply. One such factor is that a legal right to healthcare professionals' conscientious refusal must comply with basic legal ethical tenets regarding the rule of law and equal treatment, and this requirement is found to create serious problems for those wishing to defend the idea under consideration. We conclude that the notion of a legal right to conscientious refusal for any profession is either fundamentally incompatible with elementary legal ethical requirements, or implausible because it undermines the functioning of a related professional sector (healthcare) or even of society as a whole.

  3. Extrusion of Endodontic Filling Materials: Medico-Legal Aspects. Two Cases

    PubMed Central

    Santoro, Valeria; Lozito, Piercarlo; Donno, Antonio De; Grassi, Felice Roberto; Introna, Francesco

    2009-01-01

    The Authors describe two cases of alleged malpractice due to overfilling. The aim of this article is to underline some medico-legal aspects regarding the quantity of extruded material which may be considered acceptable and the consequent damage to the patient. Two cases are presented here: In the first case, the dentist’s liability is clear due to excessive extrusion of endodontic material beyond the apical region combined with incomplete obturation of the canals. In the second case however, because two different dentists were involved, establishing the connection of causality between their work and the damage reported by the patient was not easy. This situation makes it difficult to establish the limits of potential responsibility, coupled with the complete absence of radiographic signs of periapical rarefaction and the small quantities of material beyond the apex. From a medico-legal point of view, a dentist may be held responsible for compensation and financial expenses of a patient for restoration of damage resulting from a dental procedure. Italian guidelines offer no indications as to when overfilling should be considered the result of a procedural error, or if it fits within the range labelled as “acceptable” and this gap offers extremely subjective interpretations of legal consultants. So, it would therefore be useful to adopt more precise qualitative/dimensional parameters, keeping in mind that the guidelines offer therapeutic recommendations and are not rigid protocols. PMID:19543544

  4. Legal issues affecting children with preexisting conditions during public health emergencies.

    PubMed

    Rutkow, Lainie; Vernick, Jon S; Wissow, Lawrence S; Tung, Gregory J; Marum, Felicity; Barnett, Daniel J

    2013-06-01

    Among the millions of children in the United States exposed to public health emergencies in recent years, those with preexisting health conditions face particular challenges. A public health emergency may, for example, disrupt treatment regimens or cause children to be separated from caregivers. Ongoing shortages of pediatricians and pediatric subspecialists may further exacerbate the risks that children with preexisting conditions face in disaster circumstances. The US Department of Homeland Security recently called for better integration of children's needs into all preparedness activities. To aid in this process, multiple legal concerns relevant to pediatricians and pediatric policymakers must be identified and addressed. Obtaining informed consent from children and parents may be particularly challenging during certain public health emergencies. States may need to invoke legal protections for children who are separated from caregivers during emergencies. Maintaining access to prescription medications may also require pediatricians to use specific legal mechanisms. In addition to practitioners, recommendations are given for policymakers to promote effective pediatric response to public health emergencies.

  5. Certificates of Confidentiality: Legal Counsels’ Experiences with and Perspectives on Legal Demands for Research Data

    PubMed Central

    Wolf, Leslie E.; Dame, Lauren A.; Patel, Mayank J.; Williams, Brett A.; Austin, Jeffrey A.; Beskow, Laura M.

    2013-01-01

    The Certificate of Confidentiality (Certificate) is an important tool for protecting identifiable, sensitive human subjects research data in the United States. However, little is known about the Certificate’s effectiveness in protecting identifiable data. We interviewed 24 legal counsel representing U.S. research institutions about their experiences with legal demands for research data. Our respondents reported few, if any, legal demands over the course of their tenure, but two-thirds had experience with legal demands for data protected by a Certificate. They reported such demands often were resolved without disclosure of identifiable research data, typically without court intervention. While our respondents reported similar success protecting identifiable data in court, they often did not rely on the Certificate to do so. PMID:23086043

  6. Legally invisible: stewardship for Aboriginal and Torres Strait Islander health

    PubMed Central

    Howse, Genevieve

    2015-01-01

    Abstract Objectives: The need to improve access to good health care for Aboriginal and Torres Strait Islander people has been the subject of policy debate for decades, but progress is hampered by complex policy and administrative arrangements and lack of clarity about the responsibilities of governments. This study aimed to identify the current legal basis of those responsibilities and define options available to Australian governments to enact enduring responsibility for Aboriginal health care. Methods: This study used a framework for public health law research and conducted a mapping study to examine the current legal underpinnings for stewardship and governance for Aboriginal health and health care. More than 200 pieces of health legislation were analysed in the context of the common and statutory law and health policy goals. Results: Very little specific recognition of the needs of Aboriginal people was found, and nothing that creates responsibility for stewardship and governance. The continuing absence of a legislative framework to address and protect Aboriginal health can be traced back to the founding doctrine of terra nullius (unoccupied land). Conclusions: We considered the results applying both a human rights perspective and the perspective of therapeutic jurisprudence. We suggest that national law for health stewardship would provide a strong foundation for progress, and should itself be based on recognition of Australia's First Peoples in the Australian Constitution, as is currently proposed. PMID:25903648

  7. 33 CFR 326.5 - Legal action.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

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

  8. 20 CFR 725.422 - Legal assistance.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

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

  9. 28 CFR 540.19 - Legal correspondence.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

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

  10. 40 CFR 52.06 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

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

  11. 28 CFR 540.19 - Legal correspondence.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 28 Judicial Administration 2 2014-07-01 2014-07-01 false Legal correspondence. 540.19 Section 540... WITH PERSONS IN THE COMMUNITY Correspondence § 540.19 Legal correspondence. (a) Staff shall mark each envelope of incoming legal mail (mail from courts or attorneys) to show the date and time of receipt, the...

  12. 40 CFR 52.06 - Legal authority.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 40 Protection of Environment 3 2014-07-01 2014-07-01 false Legal authority. 52.06 Section 52.06... PROMULGATION OF IMPLEMENTATION PLANS General Provisions § 52.06 Legal authority. (a) The Administrator's determination of the absence or inadequacy of legal authority required to be included in the plan is set forth...

  13. 33 CFR 327.6 - Legal adviser.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

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

  14. 33 CFR 327.6 - Legal adviser.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

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

  15. 28 CFR 540.19 - Legal correspondence.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 28 Judicial Administration 2 2012-07-01 2012-07-01 false Legal correspondence. 540.19 Section 540... WITH PERSONS IN THE COMMUNITY Correspondence § 540.19 Legal correspondence. (a) Staff shall mark each envelope of incoming legal mail (mail from courts or attorneys) to show the date and time of receipt, the...

  16. 33 CFR 326.5 - Legal action.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 33 Navigation and Navigable Waters 3 2012-07-01 2012-07-01 false Legal action. 326.5 Section 326.5... § 326.5 Legal action. (a) General. For cases the district engineer determines to be appropriate, he will... the district engineer determines that legal action is appropriate, he will prepare a litigation report...

  17. 33 CFR 326.5 - Legal action.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 33 Navigation and Navigable Waters 3 2014-07-01 2014-07-01 false Legal action. 326.5 Section 326.5... § 326.5 Legal action. (a) General. For cases the district engineer determines to be appropriate, he will... the district engineer determines that legal action is appropriate, he will prepare a litigation report...

  18. 33 CFR 327.6 - Legal adviser.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 33 Navigation and Navigable Waters 3 2012-07-01 2012-07-01 false Legal adviser. 327.6 Section 327... PUBLIC HEARINGS § 327.6 Legal adviser. At each public hearing, the district counsel or his designee may serve as legal advisor to the presiding officer. In appropriate circumstances, the district engineer may...

  19. 40 CFR 52.06 - Legal authority.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 40 Protection of Environment 3 2013-07-01 2013-07-01 false Legal authority. 52.06 Section 52.06... PROMULGATION OF IMPLEMENTATION PLANS General Provisions § 52.06 Legal authority. (a) The Administrator's determination of the absence or inadequacy of legal authority required to be included in the plan is set forth...

  20. 28 CFR 540.19 - Legal correspondence.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 28 Judicial Administration 2 2013-07-01 2013-07-01 false Legal correspondence. 540.19 Section 540... WITH PERSONS IN THE COMMUNITY Correspondence § 540.19 Legal correspondence. (a) Staff shall mark each envelope of incoming legal mail (mail from courts or attorneys) to show the date and time of receipt, the...

  1. 20 CFR 725.422 - Legal assistance.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

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

  2. 20 CFR 725.422 - Legal assistance.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 20 Employees' Benefits 4 2013-04-01 2013-04-01 false Legal assistance. 725.422 Section 725.422... SAFETY AND HEALTH ACT, AS AMENDED Adjudication of Claims by the District Director § 725.422 Legal assistance. The Secretary or his or her designee may, upon request, provide a claimant with legal assistance...

  3. 40 CFR 52.06 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

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

  4. 33 CFR 327.6 - Legal adviser.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 33 Navigation and Navigable Waters 3 2013-07-01 2013-07-01 false Legal adviser. 327.6 Section 327... PUBLIC HEARINGS § 327.6 Legal adviser. At each public hearing, the district counsel or his designee may serve as legal advisor to the presiding officer. In appropriate circumstances, the district engineer may...

  5. 33 CFR 326.5 - Legal action.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 33 Navigation and Navigable Waters 3 2013-07-01 2013-07-01 false Legal action. 326.5 Section 326.5... § 326.5 Legal action. (a) General. For cases the district engineer determines to be appropriate, he will... the district engineer determines that legal action is appropriate, he will prepare a litigation report...

  6. 28 CFR 540.19 - Legal correspondence.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

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

  7. 40 CFR 52.06 - Legal authority.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 40 Protection of Environment 3 2012-07-01 2012-07-01 false Legal authority. 52.06 Section 52.06... PROMULGATION OF IMPLEMENTATION PLANS General Provisions § 52.06 Legal authority. (a) The Administrator's determination of the absence or inadequacy of legal authority required to be included in the plan is set forth...

  8. 20 CFR 725.422 - Legal assistance.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 20 Employees' Benefits 4 2012-04-01 2012-04-01 false Legal assistance. 725.422 Section 725.422... SAFETY AND HEALTH ACT, AS AMENDED Adjudication of Claims by the District Director § 725.422 Legal assistance. The Secretary or his or her designee may, upon request, provide a claimant with legal assistance...

  9. 33 CFR 327.6 - Legal adviser.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 33 Navigation and Navigable Waters 3 2014-07-01 2014-07-01 false Legal adviser. 327.6 Section 327... PUBLIC HEARINGS § 327.6 Legal adviser. At each public hearing, the district counsel or his designee may serve as legal advisor to the presiding officer. In appropriate circumstances, the district engineer may...

  10. 20 CFR 725.422 - Legal assistance.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 20 Employees' Benefits 4 2014-04-01 2014-04-01 false Legal assistance. 725.422 Section 725.422... SAFETY AND HEALTH ACT, AS AMENDED Adjudication of Claims by the District Director § 725.422 Legal assistance. The Secretary or his or her designee may, upon request, provide a claimant with legal assistance...

  11. 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.

  12. 42 CFR 57.1511 - Opinion of legal counsel.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 42 Public Health 1 2010-10-01 2010-10-01 false Opinion of legal counsel. 57.1511 Section 57.1511... Personnel § 57.1511 Opinion of legal counsel. At appropriate stages in the application and approval... memorandum or opinion of legal counsel with respect to the legality of any proposed note issue, the legal...

  13. 42 CFR 57.1511 - Opinion of legal counsel.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... 42 Public Health 1 2014-10-01 2014-10-01 false Opinion of legal counsel. 57.1511 Section 57.1511... Personnel § 57.1511 Opinion of legal counsel. At appropriate stages in the application and approval... memorandum or opinion of legal counsel with respect to the legality of any proposed note issue, the legal...

  14. Determination of ethanol in breath for legal purposes using a five-filter infrared analyzer: studies on response to volatile interfering substances.

    PubMed

    Jones, Alan Wayne; Andersson, Lars

    2008-06-01

    The analysis of ethanol in exhaled breath is widely accepted and used worldwide for legal purposes to gather evidence of alcohol-impaired driving. Most evidential breath-alcohol instruments incorporate infrared (IR) spectroscopy as the analytical principle focusing on C-H or C-O stretching frequencies in ethanol molecules. The instrument approved for legal purposes in Sweden is called Evidenzer and is equipped with five infrared filters of which four are used for identification and quantification of ethanol and the fifth is a reference filter. The response of Evidenzer was tested against 21 volatile organic compounds (VOCs), and the instrument was programmed to deduct any bias caused by these VOCs if present in a sample of breath. If the amount deducted exceeds a certain threshold value, the entire test is aborted. Whenever this happens, the police request a specimen of venous blood for analysis by gas chromatography. Of a total of 24 072 drunken drivers, the evidential breath-alcohol test was aborted on 27 occasions (0.11%) because an interfering substance was present above the critical threshold. The VOCs most commonly identified in blood were acetone, isopropanol and/or methyl ethyl ketone (MEK). Elevated levels of acetone and isopropanol might arise during ketogenesis in people suffering from diabetes, or in those who eat low carbohydrate diets. High concentrations of acetone and MEK are probably caused by people drinking a technical alcohol product (T-Red), which is available in Sweden and is denatured with these agents. This study confirms that relatively few apprehended drivers in Sweden have elevated concentrations of VOCs in breath other than ethanol. Even the aborted breath tests, to a large extent, contained ethanol above the legal limit for driving.

  15. Current Legal Trends Regarding Abortions for Minors: A Dilemma for Counselors.

    ERIC Educational Resources Information Center

    Talbutt, Lou Culler

    1983-01-01

    Reviews court cases dealing with abortion and the counselor's legal responsibility to both the student and parents. Provides practical recommendations on abortion counseling with minors and suggests that counselors urge minors to discuss abortion plans with parents. Counselor should consider local mores and be knowledgeable about appropriate…

  16. 40 CFR 52.2224 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 40 Protection of Environment 4 2011-07-01 2011-07-01 false Legal authority. 52.2224 Section 52...) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Tennessee § 52.2224 Legal authority. (a) The requirements of § 51.230(c) of this chapter are not met since the plan does not provide the legal authority for...

  17. 40 CFR 52.874 - Legal authority.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 40 Protection of Environment 3 2012-07-01 2012-07-01 false Legal authority. 52.874 Section 52.874... PROMULGATION OF IMPLEMENTATION PLANS Kansas § 52.874 Legal authority. (a) The requirements of § 51.230(f) of... exist in the local agency legal authority: (1) Kansas City, Kans.-Wyandotte County Health Department. (i...

  18. 40 CFR 52.2224 - Legal authority.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 40 Protection of Environment 5 2014-07-01 2014-07-01 false Legal authority. 52.2224 Section 52...) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Tennessee § 52.2224 Legal authority. (a) The requirements of § 51.230(c) of this chapter are not met since the plan does not provide the legal authority for...

  19. 40 CFR 52.2224 - Legal authority.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 40 Protection of Environment 5 2012-07-01 2012-07-01 false Legal authority. 52.2224 Section 52...) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Tennessee § 52.2224 Legal authority. (a) The requirements of § 51.230(c) of this chapter are not met since the plan does not provide the legal authority for...

  20. 40 CFR 52.874 - Legal authority.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 40 Protection of Environment 3 2013-07-01 2013-07-01 false Legal authority. 52.874 Section 52.874... PROMULGATION OF IMPLEMENTATION PLANS Kansas § 52.874 Legal authority. (a) The requirements of § 51.230(f) of... exist in the local agency legal authority: (1) Kansas City, Kans.-Wyandotte County Health Department. (i...

  1. 14 CFR 77.47 - Legal officer.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 14 Aeronautics and Space 2 2010-01-01 2010-01-01 false Legal officer. 77.47 Section 77.47... OBJECTS AFFECTING NAVIGABLE AIRSPACE Rules of Practice for Hearings Under Subpart D § 77.47 Legal officer. The Chief Counsel designates a member of his staff to serve as legal officer at each hearing under...

  2. 40 CFR 52.2224 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 40 Protection of Environment 4 2010-07-01 2010-07-01 false Legal authority. 52.2224 Section 52...) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Tennessee § 52.2224 Legal authority. (a) The requirements of § 51.230(c) of this chapter are not met since the plan does not provide the legal authority for...

  3. 40 CFR 52.874 - Legal authority.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 40 Protection of Environment 3 2014-07-01 2014-07-01 false Legal authority. 52.874 Section 52.874... PROMULGATION OF IMPLEMENTATION PLANS Kansas § 52.874 Legal authority. (a) The requirements of § 51.230(f) of... exist in the local agency legal authority: (1) Kansas City, Kans.-Wyandotte County Health Department. (i...

  4. 40 CFR 52.775 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 40 Protection of Environment 3 2010-07-01 2010-07-01 false Legal authority. 52.775 Section 52.775... PROMULGATION OF IMPLEMENTATION PLANS Indiana § 52.775 Legal authority. (a) The requirements of § 51.232(b) of this chapter are not met since the following deficiencies exist in the local agency legal authority: (1...

  5. 40 CFR 52.775 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 40 Protection of Environment 3 2011-07-01 2011-07-01 false Legal authority. 52.775 Section 52.775... PROMULGATION OF IMPLEMENTATION PLANS Indiana § 52.775 Legal authority. (a) The requirements of § 51.232(b) of this chapter are not met since the following deficiencies exist in the local agency legal authority: (1...

  6. 40 CFR 52.874 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 40 Protection of Environment 3 2010-07-01 2010-07-01 false Legal authority. 52.874 Section 52.874... PROMULGATION OF IMPLEMENTATION PLANS Kansas § 52.874 Legal authority. (a) The requirements of § 51.230(f) of... exist in the local agency legal authority: (1) Kansas City, Kans.-Wyandotte County Health Department. (i...

  7. 40 CFR 52.775 - Legal authority.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 40 Protection of Environment 3 2013-07-01 2013-07-01 false Legal authority. 52.775 Section 52.775... PROMULGATION OF IMPLEMENTATION PLANS Indiana § 52.775 Legal authority. (a) The requirements of § 51.232(b) of this chapter are not met since the following deficiencies exist in the local agency legal authority: (1...

  8. 40 CFR 52.874 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

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

  9. 40 CFR 52.2224 - Legal authority.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 40 Protection of Environment 5 2013-07-01 2013-07-01 false Legal authority. 52.2224 Section 52...) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Tennessee § 52.2224 Legal authority. (a) The requirements of § 51.230(c) of this chapter are not met since the plan does not provide the legal authority for...

  10. 40 CFR 52.775 - Legal authority.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 40 Protection of Environment 3 2012-07-01 2012-07-01 false Legal authority. 52.775 Section 52.775... PROMULGATION OF IMPLEMENTATION PLANS Indiana § 52.775 Legal authority. (a) The requirements of § 51.232(b) of this chapter are not met since the following deficiencies exist in the local agency legal authority: (1...

  11. 40 CFR 52.775 - Legal authority.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 40 Protection of Environment 3 2014-07-01 2014-07-01 false Legal authority. 52.775 Section 52.775... PROMULGATION OF IMPLEMENTATION PLANS Indiana § 52.775 Legal authority. (a) The requirements of § 51.232(b) of this chapter are not met since the following deficiencies exist in the local agency legal authority: (1...

  12. [Assessment of legal capacity and testamentary capacity].

    PubMed

    Dreßing, H; Foerster, K; Leygraf, J; Schneider, F

    2014-11-01

    The assessment of legal capacity and testamentary capacity require thorough knowledge of the legal framework and the relevant case law. This paper explains the concept of the legal capacity to contract and the concept of testamentary capacity with respect to German civil law. The relevance of major mental disorders for the assessment of legal capacity and testamentary capacity is discussed.

  13. Volunteer health professionals and emergencies: assessing and transforming the legal environment.

    PubMed

    Hodge, James G; Gable, Lance A; Cálves, Stephanie H

    2005-01-01

    Volunteer health professionals (VHPs) are essential in emergencies to fill surge capacity and provide needed medical expertise. While some VHPs are well-organized and trained, others arrive spontaneously at the site of a disaster. Lacking organization, training, and identification, they may actually impede emergency efforts. Complications involving medical volunteers in New York City after September 11, 2001, led Congress to authorize federal authorities to assist states and territories in developing emergency systems for the advance registration of volunteer health professionals (ESARVHP). Through advance registration, volunteers can be vetted, trained, and mobilized more effectively during emergencies. The use of VHPs, however, raises multiple legal questions: What constitutes an emergency, how is it declared, and what are the consequences? When are volunteers liable for their actions? When may volunteers who are licensed or certified in one state legally practice their profession in another state? Are volunteers entitled to compensation for harms they incur? This article examines the legal framework underlying the registration and use of volunteers during emergencies and offers recommendations for legal reform, including: (1) establish minimum standards to facilitate interjurisdictional emergency response, improve coordination, and enhance reciprocity of licensing and credentialing; (2) develop liability provisions for VHPs that balance their need to respond without significant fear of civil liability with patients' rights to legal recourse for egregious harms; and (3) provide basic levels of protections for VHPs harmed, injured, or killed while responding to emergencies.

  14. "My older clients fall through every crack in the system": geriatrics knowledge of legal professionals.

    PubMed

    Soones, Tacara; Ahalt, Cyrus; Garrigues, Sarah; Faigman, David; Williams, Brie A

    2014-04-01

    With the number of older adult arrestees and prisoners increasing rapidly, legal professionals increasingly provide front-line identification and response to age-related health conditions (including cognitive and physical impairments) that may affect legal outcomes, such as the ability to participate in one's defense or stay safe in jail. The goals of this study were to assess the ability of legal professionals to recognize and respond to age-related conditions that could affect legal outcomes and to identify recommendations to address important knowledge gaps. This was a mixed quantitative-qualitative study. Legal professionals (N = 72) in the criminal justice system were surveyed to describe their demographic characteristics, expertise, and prior aging-related training and to inform the qualitative interview guide. Those surveyed included attorneys (district attorneys (25%), public defenders and legal advocates (58%)), judges (6%), and court-affiliated social workers (11%). In-depth qualitative interviews were then conducted with a subset of 10 legal professionals who worked with older adults at least weekly. Results from the surveys and interviews revealed knowledge deficits in four important areas: age-related health, identification of cognitive impairment, assessment of safety risk, and optimization of services upon release from jail. Four recommendations to close these gaps emerged: educate legal professionals about age-related health, train professionals to identify cognitive and sensory impairment, develop checklists to identify those at risk of poor health or safety, and improve knowledge of and access to transitional services for older adults. These findings suggest that geriatrics knowledge gaps of legal professionals exist that may contribute to adverse medical or legal outcomes for older adults involved in the criminal justice system and that partnerships between healthcare and legal professionals are needed to address these challenges. © Published

  15. The clinical management of diabetic foot in the elderly and medico-legal implications.

    PubMed

    Terranova, Claudio; Bruttocao, Andrea

    2013-10-01

    Diabetic foot is a complex and challenging pathological state, characterized by high complexity of management, morbidity and mortality. The elderly present peculiar problems which interfere on one hand with the patient's compliance and on the other with their diagnostic-therapeutic management. Difficult clinical management may result in medico-legal problems, with criminal and civil consequences. In this context, the authors present a review of the literature, analysing aspects concerning the diagnosis and treatment of diabetic foot in the elderly which may turn out to be a source of professional responsibility. Analysis of these aspects provides an opportunity to discuss elements important not only for clinicians and medical workers but also experts (judges, lawyers, medico-legal experts) who must evaluate hypotheses of professional responsibility concerning diabetic foot in the elderly.

  16. 31 CFR 3.22 - Legal review.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 31 Money and Finance: Treasury 1 2013-07-01 2013-07-01 false Legal review. 3.22 Section 3.22 Money... 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 whose...

  17. 31 CFR 3.3 - Legal review.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 31 Money and Finance: Treasury 1 2014-07-01 2014-07-01 false Legal review. 3.3 Section 3.3 Money... OF DEPARTMENT OF TREASURY EMPLOYEES Claims Under the Federal Tort Claims Act § 3.3 Legal review. Any... that is likely to result in multiple claimants, shall be forwarded to the legal division of the bureau...

  18. 31 CFR 3.22 - Legal review.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Legal review. 3.22 Section 3.22 Money... 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 whose...

  19. 31 CFR 3.22 - Legal review.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 31 Money and Finance: Treasury 1 2014-07-01 2014-07-01 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 whose...

  20. 31 CFR 3.3 - Legal review.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 31 Money and Finance: Treasury 1 2012-07-01 2012-07-01 false Legal review. 3.3 Section 3.3 Money... OF DEPARTMENT OF TREASURY EMPLOYEES Claims Under the Federal Tort Claims Act § 3.3 Legal review. Any... that is likely to result in multiple claimants, shall be forwarded to the legal division of the bureau...

  1. 31 CFR 3.3 - Legal review.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 31 Money and Finance: Treasury 1 2011-07-01 2011-07-01 false Legal review. 3.3 Section 3.3 Money... OF DEPARTMENT OF TREASURY EMPLOYEES Claims Under the Federal Tort Claims Act § 3.3 Legal review. Any... that is likely to result in multiple claimants, shall be forwarded to the legal division of the bureau...

  2. 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 whose...

  3. 31 CFR 3.22 - Legal review.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 31 Money and Finance: Treasury 1 2012-07-01 2012-07-01 false Legal review. 3.22 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 whose...

  4. 31 CFR 3.3 - Legal review.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Legal review. 3.3 Section 3.3 Money... OF DEPARTMENT OF TREASURY EMPLOYEES Claims Under the Federal Tort Claims Act § 3.3 Legal review. Any... that is likely to result in multiple claimants, shall be forwarded to the legal division of the bureau...

  5. 31 CFR 3.3 - Legal review.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 31 Money and Finance: Treasury 1 2013-07-01 2013-07-01 false Legal review. 3.3 Section 3.3 Money... OF DEPARTMENT OF TREASURY EMPLOYEES Claims Under the Federal Tort Claims Act § 3.3 Legal review. Any... that is likely to result in multiple claimants, shall be forwarded to the legal division of the bureau...

  6. 33 CFR 326.5 - Legal action.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... directly to the U.S. Attorney. Because of the unique legal system in the Trust Territories, all cases over... 33 Navigation and Navigable Waters 3 2010-07-01 2010-07-01 false Legal action. 326.5 Section 326.5... § 326.5 Legal action. (a) General. For cases the district engineer determines to be appropriate, he will...

  7. International Practice and Comparative Legal Studies.

    ERIC Educational Resources Information Center

    Cummins, Richard J.

    1985-01-01

    The lack of knowledge of and sensitivity to the basic features of foreign legal systems on the part of lawyers doing international work is related to a general lack of legal scholarship. The methodology and subject matter of comparative law must be renewed and revived at a time when barriers between legal systems seem to be increasing. (MSE)

  8. The Legalization of Higher Education

    ERIC Educational Resources Information Center

    Badke, Lara K.

    2017-01-01

    A complete discussion of intellectual property (IP), faculty rights, and the public good requires a thorough framing of higher education's legal context, from which the rise of legalistic criteria (or legalization) and current IP regime have grown.

  9. Taking Legal Histories in Psychiatric Assessments.

    PubMed

    Morris, Nathaniel P

    2018-05-25

    People with mental illness are often disproportionately affected by the U.S. justice system, yet psychiatrists and other mental health professionals may avoid or feel uncomfortable talking with patients about legal history. This column examines why legal history is relevant to psychiatric assessments and provides guidance for talking with patients about these issues. Key aspects of taking a legal history are reviewed, including suggested questions, the role of collateral information, and considerations for medicolegal documentation. Developing skills in taking patients' legal histories may equip clinicians to better understand their patients' stories and to provide more effective psychiatric care.

  10. Latest development of legal regulations of organ transplant in China.

    PubMed

    Ding, Chunyan

    2008-12-01

    Organ transplant practice has developed greatly in last two decades in China. In response to the practical need, the State Council released the Regulations on Human Organ Transplant 2007, replacing the previous Interim Provisions on Administration of Clinical Application of Human Organ Transplant Technology 2006. This article first examines the latest development of legal regulations of organ transplant by comparing the differences between the two pieces of legislation. It then analyzes the impact of the new rules set forth in the 2007 Regulations upon three problems existing in the current organ transplant practice, that is, organ procurement from executed prisoners, organ trade, and organ tourism. The article finally discusses the deficiencies of the 2007 Regulations, which are supposed to be remedied in the next legal reform.

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

    ERIC Educational Resources Information Center

    Miller, Sandra K.; DiMatteo, Larry A.

    2012-01-01

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

  12. Regulating the helping hand: improving legal preparedness for cross-border disaster medicine.

    PubMed

    Fisher, David

    2010-01-01

    Medical care is a highly regulated field in nearly every country. Therefore, it is not surprising that legal issues regularly arise in cross-border disaster operations that have with the potential to profoundly impact the effectiveness of international assistance. Little attention has been paid to preparing for and addressing these kinds of issues. This paper will report on research by the International Federation of Red Cross and Red Crescent Societies (IFRC) on International Disaster Response Law, and discuss new developments in the international legal framework for addressing these issues. For seven years, the IFRC has studied legal issues in cross-border disaster assistance. Its activities have included several dozen case studies, a global survey of governments and humanitarian stakeholders, and a series of meetings and high-level conferences. The IFRC has found a consistent set of regulatory problems in major disaster relief operations related to the entry and regulation of international relief. These include some issues specific to the health field, such as the regulation of drug donations and the recognition of foreign medical qualifications. To address the gaps in domestic and international regulatory structures, the IFRC spearheaded the development of new international guidelines. The legal risks for international health providers in disaster settings are real and should be better integrated into program planning. Governments must become more proactive in ensuring that legal frameworks are flexible enough to mitigate these problems.

  13. Review: the legal duty of care for nurses and other health professionals.

    PubMed

    Young, Andy

    2009-11-01

    To explore the nature and extent of the legal duty of care in relation to contemporary healthcare practice. The paper seeks to re-frame and update the legal duty of care for clinical nursing practice in the 21st century, taking into account collaborative and partnership working in healthcare practice. Doctrinal legal 'approach'. 'Black letter' legal research methodology used for data collection and analysis. Literature search using Westlaw and LexisNexis database(s) to identify recent common law decisions. There has been a perceptible doctrinal shift away from paternalism and toward patient empowerment and autonomy in the last decade. This has implications for nurses and other healthcare professionals in terms of consenting patients and acting reasonably to ensure quality patient care. A number of experienced nurses are currently assuming extended roles and some are completing medical tasks, traditionally allocated to doctors. These specialist practitioners must remember that additional responsibility invariably means increased professional risk and accountability. Therefore, it is essential that those engaging in advanced nursing practice, fully understand the nature and reach of their professional duty of care and the significance of statutory and common law developments. Nurses and other healthcare professionals must update their clinical skills and practice within a legal framework and to certain standards. The cases cited and discussed are relevant to all branches of nursing and indeed to all health professions.

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

    PubMed

    Lacey, Nicola; Pickard, Hanna

    2013-03-01

    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.

  15. 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

  16. Ethical and legal perspectives on the medical practitioners use of social media.

    PubMed

    Kubheka, Brenda

    2017-04-25

    Use of social media has increased exponentially throughout the world. Social media provides a platform for building social and professional relationships that can be used by all, including healthcare professionals. Alongside the benefits of creating networks and spreading information wider and faster than is possible with traditional communication channels, however, it presents ethical and legal challenges. For health professionals, it poses a threat to confidentiality and privacy owed to patients, colleagues and employers. It is vital for health professionals to acknowledge that the same ethical and legal standards apply both online and offline, and that they are accountable to professional bodies and the law for their online activities. This article seeks to explore the ethical and legal pitfalls facing health professionals using social media platforms. Importantly, it seeks to create awareness about the cyberpsychology phenomenon called the 'online disinhibition effect', responsible for lowering restraint during online activities.

  17. 48 CFR 637.103 - Contracting officer responsibility.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 48 Federal Acquisition Regulations System 4 2010-10-01 2010-10-01 false Contracting officer responsibility. 637.103 Section 637.103 Federal Acquisition Regulations System DEPARTMENT OF STATE SPECIAL... responsibility. The Office of the Legal Adviser is the DOS legal counsel for the purposes of FAR 37.103(a)(2). ...

  18. Legal issues regarding gene editing at the beginning of life: an EU perspective.

    PubMed

    De Miguel Beriain, Iñigo

    2017-09-01

    The development of clustered regularly interspaced short palindromic repeats (CRISPR)-Cas gene-modification technologies has opened impressive possibilities for the biomedical sciences. However, their application to human embryos and early fetuses has raised huge ethical and legal discussions because it affects the human germline. This paper provides a critical and in-depth analysis of the current legal framework on this topic in the EU context and at the national level in the member states. It also offers an alternative interpretation of the regulation, so as to help researchers, practitioners, policy makers and society as a whole to find efficient responses to challenges that cannot wait for a legally updated answer. As a final result, this paper will show that eugenic uses of CRISP-Cas and any kind of modification intended to alter the human germ line are generally banned in the EU context, while basic research on human embryos is mostly permitted. The legal status of therapeutic applications of CRISPR-Cas on early fetuses, however, has not been adequately addressed by the EU zone regulation.

  19. Exploring UK medical and social work students' legal literacy: comparisons, contrasts and implications.

    PubMed

    Preston-Shoot, Michael; McKimm, Judy

    2013-05-01

    To ensure acceptable practice standards both doctors and social workers should draw on relevant legal rules when reaching professional judgements concerning, for instance, children requiring protection, people with severe mental distress and adults at risk, information sharing, consent to intervention and service user involvement in their care and treatment. Many practitioners use the law to maintain high standards of professionalism. However, research has uncovered limited awareness of legal rules and poor standards of health and social care. Academic benchmarks and practice requirements for health and social care professions centrally position legal knowledge for secure decision-making. Model curricula exist. However, the outcomes of the taught curriculum on students' confidence in their legal knowledge and skills have been relatively overlooked. This article introduces the concept of legal literacy, a distillation of knowledge, understanding, skills and values that enables practitioners to connect relevant legal rules with their professional practice, to appreciate the roles and duties of other practitioners and to communicate effectively across organisational boundaries. It presents the outcomes for a 2006-2009 study of 1154 UK medical and 638 social work students of their law learning for practice, response rates of 46% and 68%. Significant differences were found between medical and social work students' attitudes towards the law, and in their self-ratings of legal knowledge and skills. Confidence levels were low and anxiety high, especially among medical students, although law teaching had some positive outcomes on knowledge and skill development. Social work and medical students associated different themes with the law, the latter especially foregrounding ethics, negligence and liability, which could affect inter-professional working. Students are not fully prepared for legally literate practice, with a consequent need to review the time allocated for, and

  20. Legal frameworks and key concepts regulating diversion and treatment of mentally disordered offenders in European Union member states.

    PubMed

    Dressing, Harald; Salize, Hans Joachim; Gordon, Harvey

    2007-10-01

    There is only limited research on the various legal regulations governing assessment, placement and treatment of mentally ill offenders in European Union member states (EU-member states). To provide a structured description and cross-boundary comparison of legal frameworks regulating diversion and treatment of mentally disordered offenders in EU-member states before the extension in May 2004. A special focus is on the concept of criminal responsibility. Information on legislation and practice concerning the assessment, placement and treatment of mentally ill offenders was gathered by means of a detailed, structured questionnaire which was filled in by national experts. The legal regulations relevant for forensic psychiatry in EU-member states are outlined. Definitions of mental disorders given within these acts are introduced and compared with ICD-10 diagnoses. Finally the application of the concept of criminal responsibility by the law and in routine practice is presented. Legal frameworks for the processing and placement of mentally disordered offenders varied markedly across EU-member states. Since May 2004 the European Union has expanded to 25 member states and in January 2007 it will reach 27. With increasing mobility across Europe, the need for increasing trans-national co-operation is becoming apparent in which great variation in legal tradition pertains.

  1. Navigating legal issues in academic nursing.

    PubMed

    Pressler, Jana L; Kenner, Carole A

    2014-01-01

    Through its publications, typically the catalogs and departmental materials, an institution establishes contractual obligations between it and students. While faculty are expected to keep current on policy changes, responsibility for knowing requirements ultimately remains with students. Faculty cannot be held personally liable for negligent, irresponsible, or capricious behavior of students. By keeping complete and accurate notes of advising and counseling sessions, faculty can avoid future disputes as well as protect themselves against claims of erroneous advising. Deans need to work closely with faculty and students to improve communication and to ensure that all know their rights. Clear communication will oftentimes avoid legal tangles.

  2. Legal Aspects of Program Closure.

    ERIC Educational Resources Information Center

    Hample, Stephen R.

    1982-01-01

    Legal issues in program discontinuance and resulting lawsuits are considered, including liability to the faculty, students, and other constituencies; freedom of speech; due process; contractual obligations; legal defense; and consideration of program alternatives. A list of related resources is appended. (MSE)

  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. © 2014 Australian Dental Association.

  4. How to write a medico-legal report.

    PubMed

    Bird, Sara

    2014-11-01

    The preparation and provision of medico-legal reports by the treating doctor is an inevitable but sometimes unwelcome part of general practice. This article outlines the steps involved in preparing a 'good' medico-legal report, including some of the common pitfalls to avoid. General practitioners play an important role in providing medico-legal reports about their patients for a wide variety of purposes. A medico-legal report may be seen by a diverse, non-medical audience. Once prepared, the report may be used as evidence in court proceedings and subjected to close scrutiny. A structured and comprehensive medico-legal report may minimise the chances of having to give evidence in court.

  5. Barriers to legal and human rights in Australia in the era of HIV treatment as prevention.

    PubMed

    Cameron, Sally; Godwin, John

    2014-06-01

    This paper analyses developments and debates regarding legal and human rights issues relevant to the Australian HIV response in the context of treatment as prevention (TasP). A refocusing of prevention priorities on individual responsibilities to 'test and treat' without regard to the legal and human rights context is, we argue, problematic. The paper maintains that the justification of testing and treating for the greater good risks eroding the foundations of a human rights-based approach to HIV prevention, and that the TasP agenda as presently conceived may divert attention from pressing law reform issues relating to sex work, illicit drug use, and criminalization of HIV transmission.

  6. The Structure of Legal Education and the Legal Profession, Multidisciplinary Practice, Competition, and Globalization.

    ERIC Educational Resources Information Center

    Daly, Mary C.

    2002-01-01

    Discusses challenges facing the legal profession: the increasing importance of a law school's identity as national, regional, or local to graduates' career trajectories; disjunction between the legal academy and the profession; the threat to local and regional law schools' economic viability from online education; and emergence of new types of…

  7. [Ethical and legal implications of the determination of blood alcohol content in the emergency department].

    PubMed

    Real de Asúa, Diego; González-Cajal, Jesús

    2012-01-01

    Alcohol is the most widely consumed toxic in Spain. Excessive alcohol intake is responsible for a significant number of visits to emergency departments (EDs), and what occurs may not only have severe medical consequences, but also serious legal implications. Most Spanish EDs lack specific protocols concerning the correct determination of blood alcohol content (BAC). The present work aims to review the technical, ethical and legal problems surrounding this test. Since ethanol is metabolized in peripheral blood, blood extraction should be standardized in order to preserve the proper chain of custody. An emergency test for BAC should be performed in two scenarios: patients with an altered level of consciousness of unknown origin (when health-care professionals act for the good of the patient), and situations which may be penalized by law (when health-care professionals act for the good of the community). The latter would include traffic controls and traffic accidents, job-related accidents, criminal activities or harmful domestic behaviour. Health-care professionals are responsible for treating patients' clinical information with due respect and confidentiality. However, professional secrecy may be overridden by legal imperative in certain situations. It is necessary to promote conscious ethical decision-taking by the health-care professional, so that this responsibility does not solely depend on the juridical context.

  8. K-12 access to internet: Securing the legal framework

    NASA Astrophysics Data System (ADS)

    Blauassociate, Andrew

    1993-09-01

    While many people in government, education, and industry have lauded the potential educational value of Internet access for students in grades K-12, there is as yet no legal or regulatory framework within which this new medium is being offered to students. The Communications Policy Forum, a nonpartisan project of the Electronic Frontier Foundation, recently convened a roundtable to discuss some of the legal issues that arise when K-12 schools provide Internet access to their students. Approximately 15 people, representing carriers who provide connections to the Internet, schools or school systems who are connected to the Internet, and legal experts with expertise in this and related areas, met to discuss questions of legal liability as this new medium enters an educational setting for minors. The following attempts to capture the major issues, suggestions, and directions for further collaborative efforts raised during the course of that discussion. In brief, the group identified statutory language aimed at other types of electronic communication that may offer some guidance; was briefed on a host of state laws that could be used to prosecute providers of certain materials found on the Internet; and concluded that there is no case law that clearly applies to this setting. The discussion revealed an interest in anticipating issues and developing responses before problems arose, and the need for shared approaches to allow carriers to move forward in serving and expanding this field. Members of the group offered to pursue these issues jointly and agreed upon a handful of concrete steps for further exploration and discussion.

  9. Bio-ethical and legal issues in relation to HIV/AIDS: the Uganda experience.

    PubMed

    Yusuf, N K

    1998-01-01

    In Uganda, as in many other countries, there is a vacuum regarding an appropriate legal and ethical response to the HIV/AIDS pandemic. Whereas much has been done to address the HIV/AIDS pandemic in a multidisciplinary way, very little has been done regarding legal and ethical issues. Hence, cases of claimants to have cures for AIDS, spiritual healers and sale of fake drugs plus unauthorized vaccine and drug trials are on the increase. The rights and needs of people infected with HIV/AIDS are not adequately addressed. The property rights of those affected by the pandemic continue to be abused. Therefore there is need to mobilize doctors, lawyers and human rights activists who should advocate and address these issues. This paper therefore highlights the critical bio-ethical and legal issues in relation to HIV/AIDS.

  10. Some Global Policies for Antibiotic Resistance Depend on Legally Binding and Enforceable Commitments.

    PubMed

    Behdinan, Asha; Hoffman, Steven J; Pearcey, Mark

    2015-01-01

    To address the challenge of antibiotic resistance (ABR), the international community must ensure access, conservation and innovation of antibiotics. These goals can be significantly advanced through ten global policies that have been recommended to form part of an international legal agreement. Policies that could be central to this agreement include the establishment of standards, responsible antibiotic use regulations, and strengthening global surveillance systems. Funding for access, mobilizing resources for infrastructure, strengthening infection control practices, and regulating antibiotic marketing could also be helpful if included in a legal agreement. Incentives for innovation could also be included to mobilize support for its implementation. The inclusion of these policies in an international legal agreement could effectively support global collective action towards several ABR policy goals, some of which may depend on it for their achievement. © 2015 American Society of Law, Medicine & Ethics, Inc.

  11. 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.

  12. Legal considerations in infectious diseases and dentistry.

    PubMed

    Burris, S

    1996-04-01

    Dentists, similar to other professionals subject to legal regulation, often have an overly simple view of the legal system. Communicable diseases present questions on the cutting edge of the law, and, as the previous discussion makes perhaps painfully clear, there is considerable uncertainty on many important legal points. Legal uncertainty is often a reflection of social or scientific uncertainty. Clear answers emerge less from the words of lawyers and judges than from the actions of professionals themselves, who ultimately set the standard of care. In any area of legal uncertainty, the dentist is best advised to adhere to the best scientific information available and to meet the ethical standards of the profession.

  13. 41 CFR 105-68.965 - Legal proceedings.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 41 Public Contracts and Property Management 3 2014-01-01 2014-01-01 false Legal proceedings. 105... Administration 68-GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 105-68.965 Legal proceedings. Legal proceedings means any criminal proceeding or any civil judicial proceeding, including a...

  14. 41 CFR 105-68.965 - Legal proceedings.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 41 Public Contracts and Property Management 3 2013-07-01 2013-07-01 false Legal proceedings. 105... Administration 68-GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 105-68.965 Legal proceedings. Legal proceedings means any criminal proceeding or any civil judicial proceeding, including a...

  15. 41 CFR 105-68.965 - Legal proceedings.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

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

  16. 41 CFR 105-68.965 - Legal proceedings.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 41 Public Contracts and Property Management 3 2012-01-01 2012-01-01 false Legal proceedings. 105... Administration 68-GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 105-68.965 Legal proceedings. Legal proceedings means any criminal proceeding or any civil judicial proceeding, including a...

  17. 41 CFR 105-68.965 - Legal proceedings.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

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

  18. 17 CFR 39.27 - Legal risk considerations.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... operations, risk management procedures, and related requirements. (c) Conflict of laws. If a derivatives... 17 Commodity and Securities Exchanges 1 2013-04-01 2013-04-01 false Legal risk considerations. 39... CLEARING ORGANIZATIONS Compliance with Core Principles § 39.27 Legal risk considerations. (a) Legal...

  19. 17 CFR 39.27 - Legal risk considerations.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... operations, risk management procedures, and related requirements. (c) Conflict of laws. If a derivatives... 17 Commodity and Securities Exchanges 1 2012-04-01 2012-04-01 false Legal risk considerations. 39... CLEARING ORGANIZATIONS Compliance with Core Principles § 39.27 Legal risk considerations. (a) Legal...

  20. Dementia and legal determination of capacity.

    PubMed

    Delineau, Valeska Maria Eboli Bello; Schultz, Rodrigo Rizek

    2017-06-01

    To assess the legal capacity and guardianship proceedings in patients diagnosed with dementia. Ninety-seven patients diagnosed with dementia and seen at a tertiary hospital were evaluated. Of these 97 patients, 60 (62%) were female. The mean age of the patients was 77.9 years; average schooling was 5.5 years. The main diagnosis was Alzheimer's disease (73%): 16 patients were at a mild stage, eight at a moderate stage and 73 at an advanced stage of dementia. Only 28 patients had been legally declared incapable. The large numbers of patients at an advanced stage of dementia, and the relatively few patients legally declared incapable show that legal issues in dementia are problematic.

  1. [Legalization of drugs--pro and con].

    PubMed

    Marjanović-Cengić, S

    2001-01-01

    This article deals with various opinions and assertions regarding drug legalization. Societal and clinical implication regarding the effect of decrease or increase in the use of psyhoactive substances, on public health, violence and criminal activities have been pointed out. The relation between legal and illegal drugs has been considered. Special attention has been paid to arguments on legalization and decriminalization of marihuana and possible consequences on the risk group-children and adolescents. Experiences from USA and some European countries have been presented. Having in mind the specific situation in BiH, the author of article gives her own view and suggest the introduction of harm reduction strategy into BiH drug policy, without changing the legal drug status.

  2. 45 CFR 505.2 - Persons under legal disability.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

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

  3. 45 CFR 505.2 - Persons under legal disability.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

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

  4. 45 CFR 505.2 - Persons under legal disability.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

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

  5. [THE SIGNIFICANCE OF THE LEGAL PERSPECTIVE - THE LEGAL WORLD'S CONTRIBUTION TO THE MEDICAL WORLD].

    PubMed

    Sigler-Harcavi, Alona; Cohen Ashkenazi, Limor

    2018-04-01

    Working with medical and paramedical teams has taught us that the medical staff does not fully utilize the potential of judicial decisions and precedents as a source for learning, drawing conclusions and motivating progress. Judicial ruling is an essential part of the toolbox used by medical administrators in general, and healthcare risk managers in particular. Knowing the relevant legal rulings, before you embark on any given path, is the equivalent of looking before you leap. This is not necessarily an issue of "holy scripture", but should mainly be considered as a source for expanding your perspective. Knowledge of the relevant rulings has many advantages that stem from the unique characteristics of the legal system. While the medical world has a clear and unequivocal advantage regarding knowledge and experience with respect to medicine, the legal world has various other advantages: a different and wider perspective with respect to economic and/or political considerations; universal fundamental principles, such as autonomy, equality, distributive justice, human dignity, the state's obligations to its citizens; complex systems of checks and balances, such as: desirable vs. available, the benefit of few vs. the good of the many, etc. These tools, typical of the legal world, are especially relevant to medicolegal issues, usually associated with medical administration, such as: the obligation of consultation, obligation of follow-up, treatment continuity, priorities, resource distribution, patient rights, etc. The contribution of the legal world to these issues is both unique and essential. Those who question the ability of judges to understand the medical world and to materially contribute to medical thinking and practice, claiming that they lack medical training and experience, should recognize the diverse contribution of the legal world to the medical world.

  6. “My Older Clients Fall Through Every Crack in the System”: Geriatrics Knowledge Among Legal Professionals

    PubMed Central

    Soones, Tacara; Ahalt, Cyrus; Garrigues, Sarah; Faigman, David; Williams, Brie A.

    2014-01-01

    With the rapid aging of the criminal justice population, legal professionals increasingly provide front-line identification and response to age-related health conditions (including cognitive and physical impairments) that may affect legal outcomes, such as the ability to participate in one's defense or stay safe in jail. The goals of this study were to assess legal professionals’ ability to recognize and respond to age-related conditions that could affect legal outcomes and to identify recommendations to address important knowledge gaps. This was a mixed quantitative-qualitative study. Legal professionals (N=72) in the criminal justice system were surveyed to describe their demographics, expertise and prior aging-related training, and to inform the qualitative interview guide. Those surveyed included attorneys (district attorneys (25%), public defenders and legal advocates (58%)), judges (6%), and court-affiliated social workers (11%). In-depth qualitative interviews were then conducted with a subset of 10 legal professionals who worked with older adults at least weekly. Results from the surveys and interviews revealed knowledge deficits in four important areas: age-related health, identification of cognitive impairment, assessment of safety risk, and optimization of services upon release from jail. Four recommendations to close these gaps emerged: (1) educate legal professionals about age-related health; (2) train professionals to identify cognitive and sensory impairment; (3) develop checklists to identify those at risk of poor health or safety; and (4) improve knowledge of and access to transitional services for older adults. These findings suggest that geriatrics knowledge gaps among legal professionals exist that may lead to adverse medical or legal outcomes for criminal justice-involved older adults and that partnerships between healthcare and legal professionals are needed to address these challenges. PMID:24611718

  7. The Legal Audit: Preventing Problems.

    ERIC Educational Resources Information Center

    Perlman, Daniel H.

    1987-01-01

    Suffolk University initiated two audits that proved beneficial: a legal audit and an insurance audit. A legal audit involves having an attorney review a college's contracts, personnel handbooks, catalogs, etc., in order to anticipate and prevent problems. An insurance audit reviews an institution's risk coverage. (MLW)

  8. Extending 3D city models with legal information

    NASA Astrophysics Data System (ADS)

    Frank, A. U.; Fuhrmann, T.; Navratil, G.

    2012-10-01

    3D city models represent existing physical objects and their topological and functional relations. In everyday life the rights and responsibilities connected to these objects, primarily legally defined rights and obligations but also other socially and culturally established rights, are of importance. The rights and obligations are defined in various laws and it is often difficult to identify the rules applicable for a certain case. The existing 2D cadastres show civil law rights and obligations and plans to extend them to provide information about public law restrictions for land use are in several countries under way. It is tempting to design extensions to the 3D city models to provide information about legal rights in 3D. The paper analyses the different types of information that are needed to reduce conflicts and to facilitate decisions about land use. We identify the role 3D city models augmented with planning information in 3D can play, but do not advocate a general conversion from 2D to 3D for the legal cadastre. Space is not anisotropic and the up/down dimension is practically very different from the two dimensional plane - this difference must be respected when designing spatial information systems. The conclusions are: (1) continue the current regime for ownership of apartments, which is not ownership of a 3D volume, but co-ownership of a building with exclusive use of some rooms; such exclusive use rights could be shown in a 3D city model; (2) ownership of 3D volumes for complex and unusual building situations can be reported in a 3D city model, but are not required everywhere; (3) indicate restrictions for land use and building in 3D city models, with links to the legal sources.

  9. 32 CFR 776.67 - Judicial and legal officers.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 32 National Defense 5 2010-07-01 2010-07-01 false Judicial and legal officers. 776.67 Section 776... Rules of Professional Conduct § 776.67 Judicial and legal officers. (a) Judicial and legal officers. A... officer, hearing officer, adjudicatory officer, or public legal officer, or of a candidate for election or...

  10. 5 CFR 582.202 - Service of legal process.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

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

  11. 32 CFR 776.67 - Judicial and legal officers.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

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

  12. 32 CFR 776.67 - Judicial and legal officers.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 32 National Defense 5 2013-07-01 2013-07-01 false Judicial and legal officers. 776.67 Section 776... Rules of Professional Conduct § 776.67 Judicial and legal officers. (a) Judicial and legal officers. A... officer, hearing officer, adjudicatory officer, or public legal officer, or of a candidate for election or...

  13. 5 CFR 582.202 - Service of legal process.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 5 Administrative Personnel 1 2014-01-01 2014-01-01 false Service of legal process. 582.202 Section... GARNISHMENT OF FEDERAL EMPLOYEES' PAY Service of Legal Process § 582.202 Service of legal process. (a) A person using this part shall serve interrogatories and legal process on the agent to receive process as...

  14. 5 CFR 582.202 - Service of legal process.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 5 Administrative Personnel 1 2010-01-01 2010-01-01 false Service of legal process. 582.202 Section... GARNISHMENT OF FEDERAL EMPLOYEES' PAY Service of Legal Process § 582.202 Service of legal process. (a) A... agency as a garnishee. (b) Service of legal process may be accomplished by certified or registered mail...

  15. Optimizing the health impacts of civil legal aid interventions: the public health framework of medical-legal partnerships.

    PubMed

    Lawton, Ellen; Tyler, Elizabeth Tobin

    2013-07-01

    Research documents the significance of the social determinants of health - the social and environmental conditions in which people live, work and play. A critical foundation of these social and environmental conditions are laws and regulations, which construct the environments in which individuals and populations live, influencing how and when people face disease. Increasingly, healthcare providers, public health professionals and lawyers concerned with social determinants are joining forces to form Medical-Legal Partnerships (MLPs) which offer a preventive approach to address the complex social, legal and systemic problems that affect the health of vulnerable populations. Now in more than 500 health and legal institutions across the country, including Rhode Island, MLP is a healthcare delivery model that integrates legal assistance as a vital component of healthcare. This article explores the many benefits of the MLP model for improving patient health, transforming medical and legal practice and institutions and generating policy changes that specifically address health disparities and social determinants.

  16. 48 CFR 1511.011-76 - Legal analysis.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... 48 Federal Acquisition Regulations System 6 2012-10-01 2012-10-01 false Legal analysis. 1511.011... ACQUISITION PLANNING DESCRIBING AGENCY NEEDS 1511.011-76 Legal analysis. Contracting Officers shall insert the clause at 1552.211-76 when it is determined that the contract involves legal analysis. ...

  17. 17 CFR 5.19 - Pending legal proceedings.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 17 Commodity and Securities Exchanges 1 2011-04-01 2011-04-01 false Pending legal proceedings. 5... FOREIGN CURRENCY TRANSACTIONS § 5.19 Pending legal proceedings. (a) Every retail foreign exchange dealer... any material legal proceeding to which the retail foreign exchange dealer, futures commission merchant...

  18. 48 CFR 1511.011-76 - Legal analysis.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 48 Federal Acquisition Regulations System 6 2013-10-01 2013-10-01 false Legal analysis. 1511.011... ACQUISITION PLANNING DESCRIBING AGENCY NEEDS 1511.011-76 Legal analysis. Contracting Officers shall insert the clause at 1552.211-76 when it is determined that the contract involves legal analysis. ...

  19. 48 CFR 1511.011-76 - Legal analysis.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... 48 Federal Acquisition Regulations System 6 2014-10-01 2014-10-01 false Legal analysis. 1511.011... ACQUISITION PLANNING DESCRIBING AGENCY NEEDS 1511.011-76 Legal analysis. Contracting Officers shall insert the clause at 1552.211-76 when it is determined that the contract involves legal analysis. ...

  20. 48 CFR 1511.011-76 - Legal analysis.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

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

  1. 17 CFR 5.19 - Pending legal proceedings.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 17 Commodity and Securities Exchanges 1 2014-04-01 2014-04-01 false Pending legal proceedings. 5... FOREIGN CURRENCY TRANSACTIONS § 5.19 Pending legal proceedings. (a) Every retail foreign exchange dealer... any material legal proceeding to which the retail foreign exchange dealer, futures commission merchant...

  2. 5 CFR 582.305 - Honoring legal process.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... 5 Administrative Personnel 1 2013-01-01 2013-01-01 false Honoring legal process. 582.305 Section 582.305 Administrative Personnel OFFICE OF PERSONNEL MANAGEMENT CIVIL SERVICE REGULATIONS COMMERCIAL GARNISHMENT OF FEDERAL EMPLOYEES' PAY Compliance With Legal Process § 582.305 Honoring legal process. (a) The...

  3. 5 CFR 582.305 - Honoring legal process.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 5 Administrative Personnel 1 2012-01-01 2012-01-01 false Honoring legal process. 582.305 Section 582.305 Administrative Personnel OFFICE OF PERSONNEL MANAGEMENT CIVIL SERVICE REGULATIONS COMMERCIAL GARNISHMENT OF FEDERAL EMPLOYEES' PAY Compliance With Legal Process § 582.305 Honoring legal process. (a) The...

  4. Overcoming Barriers to Implementing Outdoor and Environmental Education (Continued): Safety/Legal Liability.

    ERIC Educational Resources Information Center

    Hanna, Glenda

    1994-01-01

    A risk management plan for outdoor education programs should include procedures for regular program implementation, as well as rescue, first aid, and accident follow-up procedures. Stresses understanding legal and ethical responsibilities and the importance of sufficient insurance protection. Includes suggestions for dealing with conflicts in…

  5. ITS Institutional and Legal Issues Program : Review of the SaFIRES Operational Test

    DOT National Transportation Integrated Search

    1995-06-30

    The SaFIRES operational test was chosen by the FHWA to be the subject of a case study. Several case studies were performed under the Intelligent Transportation Systems ITS Institutional and Legal Issues Program, which was developed in response to the...

  6. 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.…

  7. Single chemical entity legal highs: assessing the risk for long term harm.

    PubMed

    McNabb, Carolyn B; Russell, Bruce R; Caprioli, Daniele; Nutt, David J; Gibbons, Simon; Dalley, Jeffrey W

    2012-12-01

    A recent and dramatic increase in the emergence of novel psychoactive substances ('legal highs') has left many governments unable to provide a timely response to an increasing number of potentially harmful drugs now available to the public. In response to this rapid increase in lawful drug use, the UK government intends to implement temporary class drug orders, whereby substances with a potential for misuse and harm can be regulated for a 12 month period. During this period an investigation of the potential for harms induced by these drugs will take place. However, the short time-frame in which information must be gathered, and the paucity of data available on novel psychoactive substances, means that robust pharmacological and toxicological analyses may be replaced by extrapolating data from illegal drugs with similar chemical structures. This review explores the potential pharmacology and toxicology of past and present 'legal highs' and discusses the risks of failing to carry out in-depth scientific research on individual substances.

  8. 17 CFR 1.60 - Pending legal proceedings.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 17 Commodity and Securities Exchanges 1 2014-04-01 2014-04-01 false Pending legal proceedings. 1... REGULATIONS UNDER THE COMMODITY EXCHANGE ACT Miscellaneous § 1.60 Pending legal proceedings. (a) Every... Commission may thereafter request filed in any material legal proceeding to which the contract market is a...

  9. 5 CFR 581.305 - Honoring legal process.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 5 Administrative Personnel 1 2014-01-01 2014-01-01 false Honoring legal process. 581.305 Section... GARNISHMENT ORDERS FOR CHILD SUPPORT AND/OR ALIMONY Compliance With Process § 581.305 Honoring legal process. (a) The governmental entity shall comply with legal process, except where the process cannot be...

  10. 40 CFR 239.5 - State legal certification.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 40 Protection of Environment 25 2011-07-01 2011-07-01 false State legal certification. 239.5... REQUIREMENTS FOR STATE PERMIT PROGRAM DETERMINATION OF ADEQUACY State Program Application § 239.5 State legal... signed by the independent legal counsel for the state rather than the Attorney General, provided that...

  11. 5 CFR 581.305 - Honoring legal process.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 5 Administrative Personnel 1 2010-01-01 2010-01-01 false Honoring legal process. 581.305 Section... GARNISHMENT ORDERS FOR CHILD SUPPORT AND/OR ALIMONY Compliance With Process § 581.305 Honoring legal process. (a) The governmental entity shall comply with legal process, except where the process cannot be...

  12. 40 CFR 239.5 - State legal certification.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 40 Protection of Environment 25 2014-07-01 2014-07-01 false State legal certification. 239.5... REQUIREMENTS FOR STATE PERMIT PROGRAM DETERMINATION OF ADEQUACY State Program Application § 239.5 State legal... signed by the independent legal counsel for the state rather than the Attorney General, provided that...

  13. 17 CFR 1.60 - Pending legal proceedings.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 17 Commodity and Securities Exchanges 1 2010-04-01 2010-04-01 false Pending legal proceedings. 1... REGULATIONS UNDER THE COMMODITY EXCHANGE ACT Miscellaneous § 1.60 Pending legal proceedings. (a) Every... Commission may thereafter request filed in any material legal proceeding to which the contract market is a...

  14. 40 CFR 239.5 - State legal certification.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 40 Protection of Environment 26 2012-07-01 2011-07-01 true State legal certification. 239.5... REQUIREMENTS FOR STATE PERMIT PROGRAM DETERMINATION OF ADEQUACY State Program Application § 239.5 State legal... signed by the independent legal counsel for the state rather than the Attorney General, provided that...

  15. 17 CFR 1.60 - Pending legal proceedings.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 17 Commodity and Securities Exchanges 1 2011-04-01 2011-04-01 false Pending legal proceedings. 1... REGULATIONS UNDER THE COMMODITY EXCHANGE ACT Miscellaneous § 1.60 Pending legal proceedings. (a) Every... Commission may thereafter request filed in any material legal proceeding to which the contract market is a...

  16. 5 CFR 581.305 - Honoring legal process.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 5 Administrative Personnel 1 2011-01-01 2011-01-01 false Honoring legal process. 581.305 Section... GARNISHMENT ORDERS FOR CHILD SUPPORT AND/OR ALIMONY Compliance With Process § 581.305 Honoring legal process. (a) The governmental entity shall comply with legal process, except where the process cannot be...

  17. 5 CFR 1653.13 - Processing legal processes.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... legal processes from the TSP is governed solely by the Federal Employees' Retirement System Act, 5 U.S.C... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Processing legal processes. 1653.13 Section 1653.13 Administrative Personnel FEDERAL RETIREMENT THRIFT INVESTMENT BOARD COURT ORDERS AND LEGAL...

  18. Developments in legal and medical practice regarding the unborn child and the need to expand prenatal legal protection.

    PubMed

    Dorscheidt, Jozef H H M

    2010-12-01

    Developments in legal and medical practice in the Netherlands give rise to questions regarding the legal position of the unborn child. This article provides an overview of these developments and argues--in view of developments in other countries--that current Dutch legislation regarding the unborn child is not up to date. In effect, the article challenges the idea that the actual legal protection of the unborn child under positive Dutch law can be considered proportionate, even sufficient. To support this view the author will show that abortion is not the only matter in which clarity as to the legal protection of the viable unborn child is required. This signalisation provides good cause to reconsider the Dutch perspective on the matter, thus offering a point of reference to countries with a similar interpretation of what constitutes an appropriate legal protection of the unborn child.

  19. Legal Rights

    ERIC Educational Resources Information Center

    Baril, Cecile; Couchman, Ian S. B.

    1976-01-01

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

  20. 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…