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Sample records for aspectos legales relacionados

  1. 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)

  2. 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

  3. Legal and Administrative Language

    ERIC Educational Resources Information Center

    Schwarz, Hans

    1977-01-01

    A discussion of legal and administrative language, and the necessity for accurate translation of this language in the field of international relations. Topics treated are: characteristic features of legal and administrative terminology; the interpretation of it; and the technique of translating legal and administrative texts. (AMH)

  4. 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…

  5. Managing Legal Affairs.

    ERIC Educational Resources Information Center

    Weeks, Richard H.

    2001-01-01

    Discusses school administrators' legal-affairs management responsibilities regarding legal advice, law versus ethics, and sources of law. Suggests strategies for retaining and managing legal counsel and avoiding situations involving litigation, torts, and conflict resolution. Explains general counsel services; outlines education,…

  6. 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.

  7. 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

  8. Legal responsibility and accountability.

    PubMed

    Cox, Chris

    2010-06-01

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

  9. Learning the Legalities.

    ERIC Educational Resources Information Center

    Stuart, Victoria

    1987-01-01

    Certain types of crises cry out for legal counsel. Becoming familiar with the basics of media law is suggested for public relations offices. Three types of crises that call for legal advice include: litigation or potential litigation; a violation of a law or regulation; or incidents with any hint of liability. (MLW)

  10. Legal Commission Report

    ERIC Educational Resources Information Center

    American Indian Journal, 1977

    1977-01-01

    The Legal Commission of the International Non-Governmental Organizations Conference on Discrimination Against Indigenous Populations adopted the following agenda: legal status of indigenous populations; the land question; indigenous laws and courts; discrimination against indigenous peoples in existing laws and their application; and creation of…

  11. 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…

  12. 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…

  13. Database Reviews: Legal Information.

    ERIC Educational Resources Information Center

    Seiser, Virginia

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

  14. 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…

  15. Moral Discourse and Legalism in Legal Education.

    ERIC Educational Resources Information Center

    Elkins, James R.

    1982-01-01

    Legal education fails to prepare students to engage in moral discourse, exploring the ethical/moral dimension of the profession. Moral discourse suggests that the lawyer's professional ethos is problematic for the good person, and moves the profession to confront more directly the public image of lawyers. (MSE)

  16. 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,…

  17. Legal Services: Judge Advocate Legal Services

    DTIC Science & Technology

    2007-11-02

    page 22 The Commandant, The Judge Advocate General’s School , U.S. Army. • 10–2, page 22 Technical supervision • 10–3, page 23 Implementation • 10–4...Advocate General’s Funded Legal Education Program, page 37 General Duties • 14–1, page 37 Nonwaivable eligibility requirements • 14–2, page 37 Law School ...Admission Test • 14–3, page 37 Procedures • 14–4, page 37 Selection of law school • 14–5, page 38 Assignments • 14–6, page 38 Evaluation reports • 14–7

  18. Mediation and Legal Literacy

    ERIC Educational Resources Information Center

    Tomlinson, Elizabeth C.

    2010-01-01

    This study uses fieldwork to investigate the sponsorship of legal literacy within a court mediation program. This examination of institutional involvement in literacy sponsorship demonstrates the ideological nature of literacy by showing the importance of context, investigating literacy-based relationships, and uncovering the intertwined nature of…

  19. Analysis: A Legal Perspective.

    PubMed

    Schwartz, Jack

    2016-01-01

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

  20. Legal Policy Optimizing Models

    ERIC Educational Resources Information Center

    Nagel, Stuart; Neef, Marian

    1977-01-01

    The use of mathematical models originally developed by economists and operations researchers is described for legal process research. Situations involving plea bargaining, arraignment, and civil liberties illustrate the applicability of decision theory, inventory modeling, and linear programming in operations research. (LBH)

  1. A Legal Constant

    ERIC Educational Resources Information Center

    Taylor, Kelley R.

    2009-01-01

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

  2. Roundtable: Legal Abortion

    ERIC Educational Resources Information Center

    Guttmacher, Alan F.; And Others

    1971-01-01

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

  3. Euthanasia: Some Legal Considerations

    ERIC Educational Resources Information Center

    Koza, Pamela

    1976-01-01

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

  4. 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.

  5. Legal Challenges and Opportunities

    ERIC Educational Resources Information Center

    Heyward, Salome

    2011-01-01

    For legal issues in the field of disability compliance, this is an exciting time in postsecondary education. The twentieth anniversary of the Americans with Disabilities Act (ADA) signals a reawakening of the commitment to provide equal access to individuals with disabilities. This chapter explores three of the compliance issues that will be of…

  6. Legal Issues in Clinical Supervision. ACA Legal Series, Volume 10.

    ERIC Educational Resources Information Center

    Disney, M. Janelle; Stephens, Anthony M.

    In recent decades, mental health professionals have expanded their role in the legal process. This monograph tries to help clinical supervisors avoid legal pitfalls by explaining some of the legal principles involved in their work. Although familiarity with relevant ethical standards is important, a discussion of these standards is presented only…

  7. Legal abortion in Europe.

    PubMed

    1978-01-01

    Abortion on medical and eugenic grounds has been legal in most European countries for several years. In Austria, abortions are performed following obligatory counseling, and physicians can abstain conscientiously from performing them. In Denmark, first trimester abortion is performed on request for women over age 17. Abortion has been legal in Finland since 1950; the abortion rate reached its peak in 1973, and has been declining since then. First trimester abortion is legal in France, but a woman seeking admission to a hospital must present a physician's certificate, a counselor's certificate, and her own written consent. Delays in the processing of the application are not unusual and the whole procedure can be lengthy and discouraging. First trimester abortion was legalized in the German Democratic Republic in 1972, and in 1973 in the Federal Republic of Germany, where 79% of abortions are requested on grave social grounds. Applications for abortions are seldom refused in Hungary, where the abortion rate reached 81.1/1000 women in 1971. Abortion on request is expected to be legalized shortly in Norway, while it prevails in Poland, where 98% of abortions are performed for social indications. In Sweden, abortion is performed only in public hospitals, and contraceptive advice and fitting is free. The availability of abortion in the United Kingdom is limited by the restrictive attitude of some National Health Service physicians, and nearly all abortions on nonresidents (32% in 1973) are performed on private premises. In Yugoslavia, abortion is the constitutional right of every woman, but only the Republic of Slovenia has, so far, legislated fertility regulation as a whole, and termination of pregnancy can be performed only with the approval of a special committee.

  8. Legal Challenges to Christian Colleges.

    ERIC Educational Resources Information Center

    Stephens, W. Richard

    Legal challenges faced by Christian liberal arts colleges affiliated with the Christian College Coalition were studied in 1983. Fifty-one of the 70 college presidents that were contacted returned questionnaires. The following areas were assessed: direct legal involvements during the past 5 years, threatened legal involvements, expected types of…

  9. 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.

  10. Immigrant health: legal tools/legal barriers.

    PubMed

    Moua, Mee; Guerra, Fernando A; Moore, Jill D; Valdiserri, Ronald O

    2002-01-01

    The United States is a country of immigrants, our government having been formed by recent arrivals. This trend has continued throughout our history; according to the Center for Immigration Studies, more than 26 million immigrants have settled in the United States since 1970, and approximately one million new immigrants come to the United States each year. The immigrant population faces highly diverse health issues that states, cities, and counties must address, many of which pose significant legal and policy issues. Social, cultural, and linguistic factors complicate those challenges, as does the overlay of federal immigration and health policy. Two federal laws, the Welfare Reform Act of 1996 and Title VI of the federal Civil Rights Act of 1964, have affected immigrants in two very different ways. The former made it difficult for immigrants to qualify for publicly funded benefits. In contrast, Title VI made it easier for immigrants to obtain benefits by requiring federally funded service providers to offer translating services to persons with limited English language skills. Tuberculosis treatment is perhaps the most pressing health need among recent arrivals to the United States. Methods to slow down and hopefully eliminate this disease are underway, but a more comprehensive approach to not only tuberculosis but to immigrant health in general is needed. Indeed, it will benefit those directly affected by tuberculosis and will have serious implications for the entire population for generations to come.

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

    ERIC Educational Resources Information Center

    Northcott, Jill; Brown, Gillian

    2006-01-01

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

  12. Legal abortion mortality.

    PubMed

    Kestelman, P

    1978-04-01

    Statistics on legal abortion in Britain between 1968-1974 are presented. There was a mortality rate of 10+ or -2 per 100,000 abortions: 27+ or -11 in 1968-1969, 12+ or -4 in 1970-1972, and 6+ or -3 in 1973-1974. Legal abortion mortality increased from 4+ or -3 when performed at gestation under 9 weeks to 5+ or -2 at 9-12 weeks, 13+ or -7 at 13-16 weeks, and 62+ or -33 at 17 weeks and over. The ratio was 11+ or -6 for women under 20 years of age, increasing to 5+ or -3 at age 20-29, 10+ or -6 at age 30-39, and 23+ or -19 at age 40 and over. The parity had little influence on abortion mortality, but the technique used had a great influence. Hysterotomy, hypertonic saline, and abortifacient paste were the most dangerous, in increasing order, with mortality rates of 39+ or -30, 106+ or -75, and 152+ or -89, respectively. The rates for aspiration and curretage were 4+ or -2 and 4+ or -3, respectively. There was a higher mortality risk with abortion with sterilization. The main causes of legal abortion mortality were infection, pulmonary embolism, and complications of general anesthesia. The high incidence of mortality associated with legal abortion in Britain is partially caused by: 1) high incidence of concurrent sterilization, 2) former use of dangerous techniques, 3) significant incidence of second trimester abortion, 4) routine use of general anesthesia, and 5) previous ill health of some of the women.

  13. Argumentation in Legal Reasoning

    NASA Astrophysics Data System (ADS)

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

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

  14. Screening: the legal view.

    PubMed

    Eaden, J; Mayberry, M K; Sherr, A; Mayberry, J F

    2001-05-01

    Screening has become central to the effective prevention of several diseases, but implementation suffers from difficulties with targeting and rates of compliance. Such issues are also complicated by the need to consider legal provisions regarding confidentiality of patients and other human rights issues. Screening has been an inexact science in relation to, e.g., faecal occult blood testing for colorectal cancer, false positive and false negative tests for HIV, and there have been inadequate quality controls in breast cancer screening programmes. The public need to be made aware of what the screening programmes really offer, balanced against the expectations they may have. There needs to be a clearer understanding of the nature of the contractual and other legal rights of patients/consumers as against providers. A positive screening test may carry adverse consequences as well as benefits. It could alert an insurance company to a risk and lead to additional weighting or even outright rejection for life insurance policies. Job prospects may also be affected for employees. The method of informing patients in relation to screening and screening failure has already been considered by the courts. Realistic information about both screening and treatment efficiency needs to be offered to patients so that they can have a real understanding of what can and cannot be achieved by current science. The development of understanding of the human genome makes the need for clearer legislation in this are more urgent.

  15. Pathways to legal immigration

    PubMed Central

    MASSEY, DOUGLAS S.; MALONE, NOLAN

    2010-01-01

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

  16. To Legalize or not to Legalize? That is the Question

    DTIC Science & Technology

    2009-04-01

    To Legalize or not to legalize? That is the question 5a. CONTRACT NUMBER 5b. GRANT NUMBER 5c. PROGRAM ELEMENT NUMBER 6. AUTHOR(S) 5d. PROJECT...10 Evaluation of Eradication Strategy...welfare and the welfare of their families. David Mansfield and Adam Pain of the Afghanistan Research and Evaluation Unit capture this dilemma succinctly

  17. 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…

  18. Representation of Legal Knowledge for Conceptual Retrieval.

    ERIC Educational Resources Information Center

    Cross, George R.; deBessonet, Cary G.

    1985-01-01

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

  19. 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.…

  20. Legal Citation at a Crossroads

    ERIC Educational Resources Information Center

    Bast, Carol; Harrell, Susan W.

    2004-01-01

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

  1. 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)

  2. 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)

  3. Legal Guide for Alaska Youth.

    ERIC Educational Resources Information Center

    Nesbitt, Buell, Ed.; And Others

    This legal guide, developed by the Alaska Congress of Parents and Teachers, is intended for young citizens and parents to advise youth of their civil rights and explain what constitutes a criminal offense. The aim is to objectively state the law in understandable terms. The book is arranged in four sections. Section one explains the legal rights…

  4. Legal Reasoning and Jury Deliberations.

    ERIC Educational Resources Information Center

    Rotenberg, Ken J.; Hurlbert, Mike J.

    1992-01-01

    Presents results of a study examining the relationship of legal reasoning abilities and dominance in jury deliberations. Explains that the study considered both reasoning scores and verbal behavior during deliberations. Concludes that jury deliberations reflect the talking and opinions of members holding the most advanced legal reasoning possible.…

  5. Marijuana legalization: solution or dissolution.

    PubMed

    Cohen, S

    1981-01-01

    What is being suggested as the most feasible course now is a standfast position on the legal front; an aggressive, directed research program planned to answer the critical questions about marijuana; and a discouragement policy for adolescents. Legalization is not seen as a tenable solution for many reasons, and it is one that may be irreversible and regretted.

  6. 29 CFR 1471.965 - Legal proceedings.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... AND SUSPENSION (NONPROCUREMENT) Definitions § 1471.965 Legal proceedings. Legal proceedings means any criminal proceeding or any civil judicial proceeding, including a proceeding under the Program Fraud...

  7. Attitudes to legalizing cannabis use.

    PubMed

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

    2016-09-01

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

  8. Business School Internships: Legal Concerns.

    ERIC Educational Resources Information Center

    Swift, Cathy Owens; Kent, Russell

    1999-01-01

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

  9. Rape: medical and legal information.

    PubMed

    Price, H R

    1998-01-01

    The author explores the topic of rape in order to help security directors and rape victims better understand the medical and legal procedures a victim might experience. He describes how a rape case might be handled and what to expect.

  10. [Biopiracy: about its legal meanings].

    PubMed

    Ramírez García, Hugo Saúl

    2009-01-01

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

  11. 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...

  12. 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...

  13. 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)…

  14. Accountable care organizations: legal concerns.

    PubMed

    Sanbar, S Sandy

    2011-01-01

    The Accountable Care Organizations (ACOs) shared savings program has serious concerns about anti-trust and anti-fraud laws. Additionally, ACOs present several other legal concerns relating to the duties and responsibilities of the physician-hospital partnership. The federal regulations hold physicians who participate in the ACO shared savings program to the highest standards of care without offering them protection from liability. The structure and procedures required of ACOs may be detrimental and may significantly impact the liability of its contracting physicians. Therefore, it behooves physicians to obtain legal advice regarding one's estate planning and legal asset protection or wealth management techniques, and to thoroughly review the agreement with one's attorney before signing a contract with an ACO.

  15. [Legal aspects of toxicological care].

    PubMed

    Teijeira, R

    2003-01-01

    The care of poisoned patients in the sphere of the hospital emergency services is an increasingly frequent phenomenon. Any patient, whether or not they die, who is subjected to medical care in the course of a poisoning generates certain obligations from the medical-legal point of view. This paper reviews the most frequent causes of medical care in living patients, or in those who have died because of a poisoning, the legal obligations that care gives rise to, and the suitable form for approaching and resolving these.

  16. Ethical & Legal Issues in School Counseling. Chapter 3: Legal Issues.

    ERIC Educational Resources Information Center

    Remley, Theodore P., Jr.; And Others

    This document contains chapter 3 (7 articles) of a collection of 35 articles primarily from American Association for Counseling and Development (AACD) publications on the most important legal and ethical topics about which all school counselors need to be informed. "The Law and Ethical Practices in Elementary and Middle Schools" (Theodore P.…

  17. Avoiding the Legal “Blemish”

    PubMed Central

    Michaels, Brent D.; Momin, Saira B.

    2009-01-01

    In today’s legal environment, it is unlikely that a physician will complete a medical career without being introduced to the legal system in some way. Despite this, medical education often does not incorporate a basic teaching of general legal principles, and many physicians are left unaware of some of the important legal aspects of practicing medicine. The purpose of this article is to provide a background of the essential legal principles of a malpractice action as well as review the fundamentals of the legal process, provide published caselaw of prior dermatological pitfalls, and ultimately, provide suggestions to better prepare the dermatologist to practice medicine. PMID:20725583

  18. Networks for the Legal Profession.

    ERIC Educational Resources Information Center

    Borgeson, Earl C.; Freeman, Peter

    There is a great temptation not to talk about information networks for the legal profession because there exists a well organized publishing industry meeting the historical and contemporary research needs in areas of statutory and case law, and even for administrative regulations. This is an information network. There also exists a strong, closely…

  19. PLATO, EDUCOM, and Legal Education.

    ERIC Educational Resources Information Center

    Munro, Robert J.; Noah, Dennis

    1979-01-01

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

  20. Legality of Student Disciplinary Practices.

    ERIC Educational Resources Information Center

    Bolmeier, Edward C.

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

  1. Legal Handbook on School Athletics.

    ERIC Educational Resources Information Center

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

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

  2. Program Review of Legal Education.

    ERIC Educational Resources Information Center

    Yarbrough, Marilyn V.

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

  3. [Legal aspects of ritual circumcision].

    PubMed

    Schreiber, M; Schott, G E; Rascher, W; Bender, A W

    2009-12-01

    Female circumcision (genital mutilation) is a criminal violation of human rights under German law. Even with consent of the person to be circumcised and/or her legal representative this procedure must not be carried out since a consent to female circumcision is unethical and therefore void. As much consent as there is on female circumcision the legal situation with ritual male circumcision is very unclear. In practice and unnoticed by the public male circumcision is carried out - be it for medical or ritual reasons - without deeper-going reflexions on the clearness of the medical indication or the legal situation with ritual circumcision. From the medical aspect there are big differences between female and male circumcision but also certain parallels. Various reasons, partly founded in prejudice and misinformation, make people refrain from regarding circumcision of boys also as illegal. Contrary to the prevailing opinion male circumcision also represents a bodily harm which a doctor can only carry out after a preoperative interview and with the consent of the affected person. Since ritual male circumcision does not serve the wellbeing of a child it is not possible for the parents to give their consent to the circumcision in lieu of the child. Male circumcision is only permitted if the child has given his consent and is thus only legally permitted if the child has reached an age at which he is mature enough to understand the meaning and extent of such an action which is hardly the case before he has completed his 16 (th) year.

  4. Legal Aspects of Fuel Shortage

    ERIC Educational Resources Information Center

    Hill, Frederick W.

    1974-01-01

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

  5. Legal Issues Surrounding Safe Schools.

    ERIC Educational Resources Information Center

    Day, Reed B.

    This handbook provides an overview of legal issues pertaining to the safety of public schools. Following the introduction, chapter 2 describes the governance model and philosophy on which American education is based. Court decisions and federal and state legislation that mandate the right to a safe school are discussed in chapter 3. The fourth…

  6. The Legality of Chicano Education.

    ERIC Educational Resources Information Center

    Floca, Kathryn Priscilla Haines

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

  7. 75 FR 3893 - Legal Processes

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-01-25

    ... From the Federal Register Online via the Government Publishing Office DEPARTMENT OF COMMERCE Patent and Trademark Office Legal Processes ACTION: Proposed collection; comment request. SUMMARY: The United States Patent and Trademark Office (USPTO), as part of its continuing effort to reduce...

  8. Legal Exchange: Necessity and Opportunity

    ERIC Educational Resources Information Center

    Norberg, Charles R.

    1975-01-01

    The International Legal Exchange Program (ILEP) arranges for lawyers from the U.S. or foreign countries to have several months of training in countries different from their own. The program offers an opportunity to strengthen world order under law through better understanding. (Author/PG)

  9. Legal Scholarship as a Vocation.

    ERIC Educational Resources Information Center

    Luban, David

    2001-01-01

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

  10. Legal Issues in Nursing Homes.

    ERIC Educational Resources Information Center

    Kapp, Marshall B.

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

  11. 22 CFR 208.965 - Legal proceedings.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... (NONPROCUREMENT) Definitions § 208.965 Legal proceedings. Legal proceedings means any criminal proceeding or any civil judicial proceeding, including a proceeding under the Program Fraud Civil Remedies Act (31...

  12. 21 CFR 1404.965 - Legal proceedings.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... (NONPROCUREMENT) Definitions § 1404.965 Legal proceedings. Legal proceedings means any criminal proceeding or any civil judicial proceeding, including a proceeding under the Program Fraud Civil Remedies Act (31...

  13. 22 CFR 208.965 - Legal proceedings.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... (NONPROCUREMENT) Definitions § 208.965 Legal proceedings. Legal proceedings means any criminal proceeding or any civil judicial proceeding, including a proceeding under the Program Fraud Civil Remedies Act (31...

  14. 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,"…

  15. A New Approach to Campus Legal Services.

    ERIC Educational Resources Information Center

    Roster, Michael; Woodward, Linda

    1996-01-01

    Stanford University (California) restructured its legal services office, for both cost containment and service improvement, by outsourcing legal work. The new system consists of a smaller in-house legal staff, for largely preventive work (academic and medical affairs, policy formation), and contracts with three outside law firms to work in…

  16. Language and Legal Speech Acts: Decisions.

    ERIC Educational Resources Information Center

    Kevelson, Roberta

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

  17. 31 CFR 3.3 - Legal review.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 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... employee and the investigation, shall be reviewed in the legal division which shall thereupon make...

  18. A Storytelling Learning Model for Legal Education

    ERIC Educational Resources Information Center

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

    2014-01-01

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

  19. 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...

  20. Towards Automated Training of Legal Problem Solving.

    ERIC Educational Resources Information Center

    Muntjewerff, Antoinette J.

    An examination of Dutch research on legal case solving revealed that few law students get systematic instruction or testing in the technique of legal problem solving. The research being conducted at the Department of Computer Science and Law at the University of Amsterdam focuses on identifying the different functions in legal reasoning tasks in…

  1. 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.

  2. Legal briefing: Healthcare ethics committees.

    PubMed

    Pope, Thaddeus Mason

    2011-01-01

    This issue's "Legal Briefing" column covers recent legal developments involving institutional healthcare ethics committees. This topic has been the subject of recent articles in JCE. Healthcare ethics committees have also recently been the subject of significant public policy attention. Disturbingly, Bobby Schindler and others have described ethics committees as "death panels." But most of the recent attention has been positive. Over the past several months, legislatures and courts have expanded the use of ethics committees and clarified their roles concerning both end-of-life treatment and other issues. These developments are usefully grouped into the following eight categories: 1. Existence and availability. 2. Membership and composition. 3. Operating procedures. 4. Advisory roles. 5. Decision-making and gate-keeping roles. 6. Confidentiality. 7. Immunity. 8. Litigation and court cases.

  3. Digital Identity - The Legal Person?

    NASA Astrophysics Data System (ADS)

    Sullivan, Clare

    This paper examines the concept of digital identity which the author asserts is now evident in the United Kingdom as a consequence of the Identity Cards Act (UK) 2006 and the National Identity Scheme it establishes. The nature and functions of the concept, particularly the set of information which constitutes an individual’s transactional identity, are examined. The paper then considers the central question of who, or what, is the legal person in a transaction i.e. who or what enters into legal relations. The analysis presents some intriguing results which were almost certainly not envisaged by the legislature. The implications extend beyond the United Kingdom to similar schemes in other jurisdictions, and to countries, like Australia, which may implement such a scheme.

  4. Legal aspects of satellite teleconferencing

    NASA Technical Reports Server (NTRS)

    Smith, D. D.

    1971-01-01

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

  5. Are xenotransplantation safeguards legally viable?

    PubMed

    Florencio, P S; Ramanathan, E D

    2001-01-01

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

  6. The legal self: executive processes and legal theory.

    PubMed

    Hirstein, William; Sifferd, Katrina

    2011-03-01

    When laws or legal principles mention mental states such as intentions to form a contract, knowledge of risk, or purposely causing a death, what parts of the brain are they speaking about? We argue here that these principles are tacitly directed at our prefrontal executive processes. Our current best theories of consciousness portray it as a workspace in which executive processes operate, but what is important to the law is what is done with the workspace content rather than the content itself. This makes executive processes more important to the law than consciousness, since they are responsible for channelling conscious decision-making into intentions and actions, or inhibiting action. We provide a summary of the current state of our knowledge about executive processes, which consists primarily of information about which portions of the prefrontal lobes perform which executive processes. Then we describe several examples in which legal principles can be understood as tacitly singling out executive processes, including principles regarding defendants' intentions or plans to commit crimes and their awareness that certain facts are the case (for instance, that a gun is loaded), as well as excusatory principles which result in lesser responsibility for those who are juveniles, mentally ill, sleepwalking, hypnotized, or who suffer from psychopathy.

  7. Legal challenges in neurological practice

    PubMed Central

    Jayalakshmi, Sita; Vooturi, Sudhindra

    2016-01-01

    Clinical neuroscience has made tremendous advances over the last century. Neurology as a discipline is still considered challenging and at times risky due to the natural history and progressive course of few of the neurological diseases. Encouragingly, the patient and their caregivers are now increasingly willing to be actively involved in making decisions. The patients’ relationship with the doctor is a reflection of the society. A society that is orienting itself toward “rating” and “feedback” has made this doctor–patient relationship, a consumer–service provider relationship. This perhaps is due to commercialization of health that usually accompanies globalization. Moreover, a rapid influx of information from potential erroneous sources such as the Internet has also made patient and caregivers not being hesitant to taking legal course in the case of adverse events during treatment or simply because of dissatisfaction. The purpose of the legal process initiated by patients with neurological ailments is more often to compensate for the income lost, physical and psychological anguish that accompanies disease and its treatment, and to fund treatment or rehabilitation requirements. However, it is not clearly established if monetary benefits acquired lead to better opportunities for recovery of the patient. The consumer protection act and commercialization of medical services may well have an adverse effect on the doctor and patient relationship. Hence, there is a great need for all medical professionals to mutually complement and update each other. This review examines legal (litigation) processes with special interest on medicolegal system in patients with neurological ailments and the challenges faced by the neurologist during day-to-day clinical practice. PMID:27891018

  8. Legality in Cyberspace: An Adversary View

    DTIC Science & Technology

    2014-03-01

    REPORT TYPE 3. DATES COVERED 00-00-2014 to 00-00-2014 4. TITLE AND SUBTITLE Legality in Cyberspace: An Adversary View 5a. CONTRACT NUMBER 5b...participation in national security policy formulation. iii Strategic Studies Institute and U.S. Army War College Press LEGALITY IN CYBERSPACE: AN... legality of hostile cyber activity at a state lev- el remains imperfectly defined. While there is broad agreement among the United States and its allies

  9. 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.

  10. Key legal principles for hospitalists.

    PubMed

    Alpers, A

    2001-12-21

    In a hospitalist system, when a patient leaves the hospital, he or she will return to a primary care provider (PCP) for follow-up and continuing care. The hand-off after discharge can compromise communication with the PCP. Physicians have a legal duty to provide follow-up care to patients with whom they have a relationship. The obligation to provide follow-up care endures even when the patient misses a scheduled appointment or does not adhere to the follow-up regimen. In general, the physician who began the care must fulfill that obligation. An essential component of follow-up care includes educating the patient about what symptoms require follow-up care and why it is important. The duty to provide adequate follow-up care is shared by the hospitalist and the PCP. Virtually no malpractice case law considers the obligations and practices of hospitalists. This article uses cases involving follow-up care for patients treated in an emergency department and general cases regarding liability for follow-up care to examine the potential legal obligations of both hospitalists and PCPs for follow-up care, including circumstances involving pending test results and incidental findings.

  11. Key legal principles for hospitalists.

    PubMed

    Alpers, Ann

    2002-04-01

    In a hospitalist system, when a patient leaves the hospital, he or she will return to a primary care provider (PCP) for follow-up and continuing care. The hand-off after discharge can compromise communication with the PCP. Physicians have a legal duty to provide follow-up care to patients with whom they have a relationship. The obligation to provide follow-up care endures even when the patient misses a scheduled appointment or does not adhere to the follow-up regimen. In general, the physician who began the care must fulfill that obligation. An essential component of follow-up care includes educating the patient about what symptoms require follow-up care and why it is important. The duty to provide adequate follow-up care is shared by the hospitalist and the PCP. Virtually no malpractice case law considers the obligations and practices of hospitalists. This article uses cases involving follow-up care for patients treated in an emergency department and general cases regarding liability for follow-up care to examine the potential legal obligations of both hospitalists and PCPs for follow-up care, including circumstances involving pending test results and incidental findings.

  12. Minors and Sexting: Legal Implications.

    PubMed

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

    2016-03-01

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

  13. 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.

  14. 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.

  15. Planetary protection - some legal questions

    NASA Astrophysics Data System (ADS)

    Fasan, E.

    2004-01-01

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

  16. Planetary protection - some legal questions

    NASA Astrophysics Data System (ADS)

    Fasan, E.

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

  17. [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.

  18. 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:…

  19. 22 CFR 92.84 - Legal process defined.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

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

  20. Tuberculosis: Medico-Legal Aspects

    PubMed Central

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

    2014-01-01

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

  1. 32 CFR 637.12 - Legal considerations.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

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

  2. 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 National Defense Department of Defense (Continued) OFFICE OF THE SECRETARY OF DEFENSE (CONTINUED) MISCELLANEOUS EMPLOYMENT OF MILITARY RESOURCES IN THE EVENT OF CIVIL DISTURBANCES § 215.4 Legal...

  3. 40 CFR 52.324 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

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

  4. Legal Weapons of Mass Destruction Consequence Management

    DTIC Science & Technology

    2002-05-01

    LEGAL WEAPONS OF MASS DESTRUCTION CONSEQUENCE MANAGEMENT SEMINAR REPORT Defense Threat Reduction Agency Advanced Systems ...guidance documents pertinent to WMD CM ; • Contribute to the development of a Federal Legal Reference Deskbook for WMD consequence management . The...of medical responders during a Weapons of Mass Destruction (WMD)–Consequence Management ( CM ) event. Use of the Military Posse Comitatus

  5. The Employment and Wages of Legalized Immigrants.

    ERIC Educational Resources Information Center

    Borjas, George J.; Tienda, Marta

    1993-01-01

    Analyzes employment and wages of recently legalized immigrants using the Legalization Application Processing System file which is based on individual records of amnesty applicants and draws comparisons with sample of foreign-born population from Current Population Surveys of 1983, 1986, and 1988. Among demographic differences of total foreign-born…

  6. American Legal Education and Professional Despair

    ERIC Educational Resources Information Center

    French, David

    2011-01-01

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

  7. A Legal Guide for the Software Developer.

    ERIC Educational Resources Information Center

    Minnesota Small Business Assistance Office, St. Paul.

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

  8. 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…

  9. Advice for the New Legal Studies Professor

    ERIC Educational Resources Information Center

    Bird, Robert C.

    2012-01-01

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

  10. Legalization of marijuana: potential impact on youth.

    PubMed

    Joffe, Alain; Yancy, W Samuel

    2004-06-01

    This technical report provides historical perspectives and comparisons of various approaches to the legal status of marijuana to aid in forming public policy. Information on the impact that decriminalization and legalization of marijuana could have on adolescents, in addition to concerns surrounding medicinal use of marijuana, are also addressed in this report. Recommendations are included in the accompanying policy statement.

  11. 40 CFR 52.225 - 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. 52.225 Section 52.225 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS California § 52.225 Legal authority. (a) The requirements of §...

  12. 40 CFR 52.225 - 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. 52.225 Section 52.225 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS California § 52.225 Legal authority. (a) The requirements of §...

  13. 32 CFR 637.12 - Legal considerations.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

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

  14. 32 CFR 637.12 - Legal considerations.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

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

  15. 32 CFR 637.12 - Legal considerations.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

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

  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 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY (CONTINUED) LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONS MILITARY POLICE INVESTIGATION Investigations § 637.12 Legal considerations....

  17. 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.... (b) The inmate is responsible for advising any attorney that correspondence will be handled...

  18. 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.... (b) The inmate is responsible for advising any attorney that correspondence will be handled...

  19. 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.... (b) The inmate is responsible for advising any attorney that correspondence will be handled...

  20. 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.... (b) The inmate is responsible for advising any attorney that correspondence will be handled...

  1. 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.... (b) The inmate is responsible for advising any attorney that correspondence will be handled...

  2. Legal Guidelines for Curbing School Violence.

    ERIC Educational Resources Information Center

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

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

  3. Abortion Legalization and Life-Cycle Fertility

    ERIC Educational Resources Information Center

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

    2007-01-01

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

  4. Exploring Technological Frontiers: Autonomy in Legal Scholarship

    ERIC Educational Resources Information Center

    Moses, Lyria Bennett

    2010-01-01

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

  5. LEGAL ISSUES OF GEOGRAPHIC INFORMATION SYSTEMS

    EPA Science Inventory

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

  6. 16 CFR 600.2 - Legal effect.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Legal effect. 600.2 Section 600.2 Commercial... INTERPRETATIONS § 600.2 Legal effect. (a) The interpretations in the Commentary are not trade regulation rules or regulations, and, as provided in § 1.73 of the Commission's rules, they do not have the force or effect...

  7. 16 CFR 698.2 - Legal effect.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

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

  8. 16 CFR 698.2 - Legal effect.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

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

  9. 16 CFR 698.2 - Legal effect.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

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

  10. 16 CFR 698.2 - Legal effect.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

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

  11. 16 CFR 698.2 - Legal effect.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

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

  12. 16 CFR 600.2 - Legal effect.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 16 Commercial Practices 1 2011-01-01 2011-01-01 false Legal effect. 600.2 Section 600.2 Commercial... INTERPRETATIONS § 600.2 Legal effect. (a) The interpretations in the Commentary are not trade regulation rules or regulations, and, as provided in § 1.73 of the Commission's rules, they do not have the force or effect...

  13. Legal challenges in realizing interstellar initiatives

    NASA Astrophysics Data System (ADS)

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

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

  14. 20 CFR 410.391 - Legal impediment.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

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

  15. 20 CFR 410.391 - Legal impediment.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

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

  16. New Directions in Legal Information Processing.

    ERIC Educational Resources Information Center

    Chien, R. T.; And Others

    The paper discusses some new developments that should evolve during the next decade in automating the handling of legal information. These new developments include: automated question-answering systems to provide quick and inexpensive answers to many non-controversial, but not necessarily simple legal questions to aid lawyers, social and welfare…

  17. Are You a Legally Literate School Counselor?

    ERIC Educational Resources Information Center

    Hall, Kimberly R.; Rushing, Jeri L.; Beale, Andrew V.

    2010-01-01

    This exercise is designed to assist school counselors in assessing their knowledge of prevalent ethical and legal issues within the school setting. The aim is to highlight emerging legal and ethical dilemmas and motivate counselors to stay abreast of specific school rules and policies, as well as keep a basic understanding of state and federal…

  18. 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.

  19. Brain death: legal obligations and the courts.

    PubMed

    Burkle, Christopher M; Pope, Thaddeus M

    2015-04-01

    Brain death, or death determined by neurologic criteria, has been legally adopted in all U.S. states for decades. Despite its long-established history, a lack of clear understanding has led to disputes requiring a legal forum for resolution. Recently, physicians and hospitals across the country have been impacted by a growing number of disputes about brain death. The authors offer clinicians a historical perspective on the evolution of brain death as a legal cause of death in the United States. They then review the more common legal categories of disputes encountered, including representative court cases for each. This overview provides physicians with a general legal perspective on brain death so they may better appreciate the pertinent issues if and when later confronted.

  20. 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

  1. Denial of abortion in legal settings

    PubMed Central

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

    2015-01-01

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

  2. Dermatological legal claims in Japan.

    PubMed

    Ogawa, Sachiko; Isogawa, Naoyuki; Ushiro, Shin; Ayuzawa, Junko; Furue, Masutaka

    2008-07-01

    Health-care safety management has recently been highlighted for patient safety. However, specialist-based risks in clinical settings have hardly been discussed in Japan so far. A review of dermatological legal claims may delineate these risks. This study examined court precedents from the databases "Courts in Japan" and LEX/DB. Thirty-four dermatology-related civil cases were found from 1968-2006. Of the 34 cases, 32 (94%) were judged and two (6%) were retried. Of these 32 cases, 11 (34%) were appealed to higher courts. Among the 34 litigations, the defendants of eight (23%) were dermatology specialists, 20 (59%) were non-dermatologists and six (18%) of unknown specialty. The defendants' negligence was determined at either level in court in 25 of the 34 cases. The negligence in these 25 cases was categorized into five groups: (i) delayed diagnosis (none); (ii) complication during diagnosis procedure (one, 4%); (iii) inappropriate treatment (nine, 36%); (iv) complication during treatment procedure (10, 40%); and (v) insufficient informed consent (five, 20%). The present study may help to improve strategies for health-care safety management in the dermatological field in Japan.

  3. Victim advocates' perceptions of legal work.

    PubMed

    Kolb, Kenneth H

    2011-12-01

    Past scholarship has weighed the risks and rewards of legal remedies for victims of domestic violence and sexual assault. Missing from this debate, however, is an analysis of the social incentives for victim advocates to offer legal options to their clients. Preliminary findings show that victim advocates perceive that outsiders respect legal work more than their care work with clients (listening, caring, and empathizing). This study offers three explanations for this phenomenon: (1) the devaluation of women's care work in general, (2) the confidentiality constraints on communicating the value of their care work, and (3) popular assumptions that care work requires professional credentials in order to be legitimate.

  4. The employment and wages of legalized immigrants.

    PubMed

    Borjas, G J; Tienda, M

    1993-01-01

    "This article analyzes the employment and wages of recently legalized immigrants [in the United States] using the Legalization Application Processing System (LAPS) file, an administrative file based on the individual records of amnesty applicants, and draws comparisons with a sample of the foreign-born population from the Current Population Surveys of 1983, 1986 and 1988. Compared to the total foreign-born population, the legalized immigrant population differs in four important respects that bear on labor market position: 1) a younger age structure; 2) a less balanced gender composition; 3) a greater representation of Latin Americans; and 4) few years of U.S. residence. LAPS data reveal high rates of labor force participation among legalized immigrants, which exceeded the rates of the foreign-born population by approximately 5 and 17 percent for men and women, respectively."

  5. Some Legal Aspects of Higher Education

    ERIC Educational Resources Information Center

    Kowalski, Casimir J.; And Others

    1977-01-01

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

  6. Managing Legal Texts in Requirements Engineering

    NASA Astrophysics Data System (ADS)

    Otto, Paul N.; Antón, Annie I.

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

  7. Vendors on Campus: The Legal Issues.

    ERIC Educational Resources Information Center

    Burgess, Barbara A.; Thomas, Stephen B.

    1989-01-01

    Legal disputes concern limiting access of sales demonstrations to student residence halls. Court cases argue the regulation of commercial speech, the rights of sales demonstrators on campus, the university's censorship of demonstrations, and student privacy and association rights. (SI)

  8. 47 CFR 3.23 - Legal applicant.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

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

  9. 47 CFR 3.23 - Legal applicant.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

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

  10. Long-term-care legal update.

    PubMed

    Fiesta, J

    1998-04-01

    As more nurses move from the acute care setting to long-term-care and home health care, different practice issues arise. To maximize liability protection, nurses must understand the legal issues unique to each delivery system.

  11. 45 CFR 1321.71 - Legal assistance.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... assistance in the principal language spoken by clients in areas where a significant number of clients do not speak English as their principal language. (d) A legal assistance provider may not require an...

  12. 45 CFR 1321.71 - Legal assistance.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... assistance in the principal language spoken by clients in areas where a significant number of clients do not speak English as their principal language. (d) A legal assistance provider may not require an...

  13. 45 CFR 1321.71 - Legal assistance.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... assistance in the principal language spoken by clients in areas where a significant number of clients do not speak English as their principal language. (d) A legal assistance provider may not require an...

  14. 45 CFR 1321.71 - Legal assistance.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... assistance in the principal language spoken by clients in areas where a significant number of clients do not speak English as their principal language. (d) A legal assistance provider may not require an...

  15. 45 CFR 1321.71 - Legal assistance.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... assistance in the principal language spoken by clients in areas where a significant number of clients do not speak English as their principal language. (d) A legal assistance provider may not require an...

  16. Bilingual Education: Legal Issues and Implications.

    ERIC Educational Resources Information Center

    McCarthy, Martha M.

    1981-01-01

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

  17. Continuing Legal Education: Should It Be Compulsory?

    ERIC Educational Resources Information Center

    Leete, Burt A.

    1975-01-01

    Discusses the possibility of compulsory legal education, examining recent experience of the accounting profession with mandatory continuing education, and presenting results of a survey of 400 lawyers which indicated no consensus on the subject. (JT)

  18. 40 CFR 52.1275 - Legal authority.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ...) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Mississippi § 52.1275 Legal authority. (a... of § 51.230(f) of this chapter are not met, since section 7106-117 of the Mississippi Code could,...

  19. 40 CFR 52.1275 - Legal authority.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ...) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Mississippi § 52.1275 Legal authority. (a... of § 51.230(f) of this chapter are not met, since section 7106-117 of the Mississippi Code could,...

  20. 40 CFR 52.1275 - Legal authority.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ...) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Mississippi § 52.1275 Legal authority. (a... of § 51.230(f) of this chapter are not met, since section 7106-117 of the Mississippi Code could,...

  1. 40 CFR 52.1275 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ...) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Mississippi § 52.1275 Legal authority. (a... of § 51.230(f) of this chapter are not met, since section 7106-117 of the Mississippi Code could,...

  2. 40 CFR 52.1275 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ...) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Mississippi § 52.1275 Legal authority. (a... of § 51.230(f) of this chapter are not met, since section 7106-117 of the Mississippi Code could,...

  3. 21 CFR 120.9 - Legal basis.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

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

  4. Legalization of marijuana: potential impact on youth.

    PubMed

    Joffe, Alain

    2004-06-01

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

  5. The legal status of Uncertainty

    NASA Astrophysics Data System (ADS)

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

    2011-03-01

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

  6. 40 CFR 52.924 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 40 Protection of Environment 3 2010-07-01 2010-07-01 false Legal authority. 52.924 Section 52.924... PROMULGATION OF IMPLEMENTATION PLANS Kentucky § 52.924 Legal authority. (a) The requirements of § 51.230(f) of this chapter are not met since K.R.S. 224.380 of the Air Pollution Control Law of the Commonwealth...

  7. A legal version of the nanoworld

    NASA Astrophysics Data System (ADS)

    Lacour, Stéphanie

    2011-09-01

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

  8. Nurse, legal society receive human rights award.

    PubMed

    2004-12-01

    The 2004 Canadian Awards for Action on HIV/AIDS and Human Rights have been presented to Megan Oleson, a Vancouver nurse who set up a temporary, unauthorized safe injection site (SIS) for intravenous drug users in the Downtown Eastside; and to the Pivot Legal Society (PLS), also of Vancouver. The PLS worked with Oleson to set up the temporary site while Canada's first legal SIS was still under construction.

  9. [Depression and legal capacity to stand trial].

    PubMed

    Bolechała, Filip; Skupień, Elzbieta

    2006-01-01

    The criteria for assessment of legal capacity to stand trial have long been a significant issue in the Polish criminal law. The main problem in opinionating practice is the fact that the code of penal procedure and the executive penal code do not provide any univocal criteria of a mental disease that should be met according to the legal regulations in force. Because of their nature and lack of uniformity, depression and affective disorders pose a particularly great problem for experts who should opinionate on the legal capacity of the suspected and the accused to stand trial. On the one hand, it cannot be accepted that a mental illness renders a person unable to substantially understand legal proceedings and to make a rational defense. On the other hand, however, emotional reactions and mild-degree depression disorders that are only natural when an individual violates law should not be allowed to be regarded as a grave disease and to paralyze legal proceedings. In the present study, the authors have attempted to describe the guidelines that should be followed by court-appointed experts in psychiatry that are commissioned by the court to assess the mental state of an individual. The report emphasizes that in such cases, a thorough analysis, based on medical and legal premises and the experience of the involved court experts are necessary.

  10. Understanding How Grammatical Aspect Influences Legal Judgment

    PubMed Central

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

    2015-01-01

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

  11. 20 CFR 222.33 - Relationship resulting from legal adoption.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

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

  12. 20 CFR 222.33 - Relationship resulting from legal adoption.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

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

  13. 20 CFR 222.33 - Relationship resulting from legal adoption.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

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

  14. 20 CFR 222.33 - Relationship resulting from legal adoption.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

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

  15. 20 CFR 222.33 - Relationship resulting from legal adoption.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

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

  16. 45 CFR 505.2 - Persons under legal disability.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

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

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

    ERIC Educational Resources Information Center

    Eastern Michigan Univ., Ypsilanti.

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

  18. 5 CFR 1653.12 - Qualifying legal processes.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... an earlier legal process; (4) A legal process requiring the TSP to make a payment in the future; and (5) A legal process requiring a series of payments. (6) A legal process that designates the specific TSP Fund, source of contributions, or balance from which the payment or portions of the payment...

  19. Legal Nature and Functions of Referendum in Constitutional Law Theory

    ERIC Educational Resources Information Center

    Kucherenko, Petr A.; Sangadzhiev, Badma.V.; Velibekov, Murad C.

    2016-01-01

    The relevance of the study of the legal nature and functions of the referendum is conditioned by the increasing dynamics of development of direct democracy in the developed countries and the needs to legalize it in constitutional and legal norms to ensure stability in society. The purpose of this paper is to define the legal nature of the…

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

    ERIC Educational Resources Information Center

    Erdelez, Sanda; O'Hare, Sheila

    1997-01-01

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

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

    ERIC Educational Resources Information Center

    Edwards, Harry T.

    1988-01-01

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

  2. 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...

  3. 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...

  4. 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...

  5. 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...

  6. 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...

  7. 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...

  8. 45 CFR 505.2 - Persons under legal disability.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

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

  9. 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...

  10. Legal abortion in Georgia, 1980.

    PubMed

    Spitz, A M; Oberle, M; Zaro, S M

    1984-02-01

    According to data reported to the Georgia Department of Human Resources (DHR), the number of induced abortions performedin Georgia in 1980 decreased for the 1st time since 1968 when the state legalized abortion. To verify this reported decrease, the DHR data were compared with statistics obtained by the Alan Guttmacher Institute in a 1980 survey of abortion providers in Georgia. Since the AGI contacts providers directly, its statistics are considered a more accurate reflection of abortions performed. According to the DHR, the number of abortions dropped from 36,579 in 1979 to 33,288 in 1980, a 9% decrease, and the abortion rate fell from 26.6/1000 women ages 15-44 years to 23.9/1000. AGI data indicated a drop from 38,760 abortions in 1979 to 37,890 in 1980, a 2% decrease. Since both sources noted a similar trend despite differences in data collection methods, the 1980 decline in abortion procedures in Georgia is considered to represent a true decline rather than s statistical artifact. The sociodemographic characteristics of women obtaining abortions in Georgia in 1980 were also analyzed on the basis of DHR data. Although the number of abortions in Georgia performed on Georgia residents increased 2.5% from 1979-80 to 90.7%, the abortion ratio for residents decreased from 367.7 to 327.4 abortions/1000 live births. There was little change in the age, race, or marital status distribution of women receiving abortions. The ratio for white women was 317 abortions/1000 live births and that for blacks was 342/1000. The abortion ratio for unmarried women (1166/1000) was 13 times that for married women (88/1000). The number of repeat abortions decreased form 34% in 1979 to 29% in 1980. Moreover, 93% of women obtaining abortions did so in the 1st 12 weeks of gestation compared with 89% in 1979. The percentage of abortions performed in clinics increased from 66.5% in 1979 to 75.3% in 1980, with suction curettage accounting for 85% of all abortions in the 1st 12 weeks of

  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. Human genetic information: the legal implications.

    PubMed

    Brahams, D

    1990-01-01

    This paper provides a brief summary of some of the key legal issues raised by human genetic information and research as viewed from a British common law standpoint. The law is basically reactive rather than prospective and problems posed by futuristic medico-scientific discoveries are likely to be dealt with by reference to established legal principles and analogies made with decided cases. The acquisition and research into human genetic information in the form of DNA profiling may have wide-ranging legal implications. Human genetic information may provide an evidential tool in the legal process when the identity of a specific individual or his family connections and relationships are called into question. It may also pose problems of confidentiality which could conflict with a duty of disclosure. In the future it may be possible to identify a propensity to develop a disease which may be seriously disabling or terminal long before any symptoms are detectable. This sensitive information could be of considerable interest to any prospective employer, insurer, marriage partner or family member and is of serious concern to the individual himself. How far should or could such information lawfully be made available and to whom? Legal debates are also likely to focus on ownership of human genetic information, the patenting of techniques to unravel it, and therapies and medicines developed therefrom. The law will be invoked to safeguard any intellectual property which may exist and to patent any inventive steps in the field.(ABSTRACT TRUNCATED AT 250 WORDS)

  13. [The legal status of a human corpse].

    PubMed

    Sodesaki, K

    2001-07-01

    A human corpse presents a number of difficulties, one of which involves difficulties associated with its legal status. A human body, once dead, is considered only as a weight of material, although it signifies continuity of what used to be a living being. A corpse is not an integral part of a human being any more. Legal human rights are only applicable to living humans, and not to a corpse. A fertilized human ovum, a human embryo, a fetus or a separated part of a (live) human body has legal-status problems that are similar to those of a corpse. In Japan, destruction, abandonment or ryotoku (take illegal possession) of a corpse, is forbidden by Japanese Criminal Law #190. This law aims to respect popular religious beliefs, rather than to protect personal rights of a given dead person. Our society needs some other way to provide a dead person with legal protection. Those of us practicing in legal medicine should remind the students in our classroom as well as ourselves of the problems just mentioned. We must always keep in mind that autopsy is exceptionally permitted by law with respect to a corpse for the larger good of society at large.

  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. Evaluating medico-legal decisional competency criteria.

    PubMed

    Whiting, Demian

    2015-06-01

    In this paper I get clearer on the considerations that ought to inform the evaluation and development of medico-legal competency criteria-where this is taken to be a question regarding the abilities that ought to be needed for a patient to be found competent in medico-legal contexts. In the "Decisional Competency in Medico-Legal Contexts" section I explore how the question regarding the abilities that ought to be needed for decisional competence is to be interpreted. I begin by considering an interpretation that takes the question to be asking about the abilities needed to satisfy an idealized view of competent decision-making, according to which decisional competency is a matter of possessing those abilities or attributes that are needed to engage in good or effective or, perhaps, substantially autonomous or rational decision-making. The view has some plausibility-it accords with the way decisional competency is understood in a number of everyday contexts-but fails as an interpretation of the question regarding the abilities that should be needed for decisional competence in medico-legal contexts. Nevertheless, consideration of why it is mistaken suggests a more accurate interpretation and points the way in which the question regarding the evaluation of medico-legal competency criteria is to be answered. Building on other scholarly work in the area, I outline in the "Primary and Secondary Requirements" section several requirements that decisional competence criteria ought to satisfy. Then, in the "Applying the Framework" section, I say something about the extent to which medico-legal competency criteria, as well as some models of decisional competency proposed in the academic literature, fulfil those requirements.

  16. Legal and social ambivalence regarding homosexuality.

    PubMed

    Meyer, R G

    1977-01-01

    Social controversy and legal ambivalence have been prevalent regarding homosexuality. Guardians of tradition, such as the churches, the mental health professional organizations, and the legal experts, have all moved toward decriminalization in their own fashion. Yet this thrust has been halted by a recent Supreme Court decision. The homosexual may have to retreat to the closet unless renewal occurs. Some information is available on what societal and behavioral changes will occur as the laws change. However, a more scientifically adequate information base, as well as political courage, is required before those seeking decriminalization are likely to succeed.

  17. Citing Legal Material in APA Journals.

    ERIC Educational Resources Information Center

    Osborne, Allan G., Jr.

    1992-01-01

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

  18. 5 CFR 919.965 - Legal proceedings.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    .... Legal proceedings means any criminal proceeding or any civil judicial proceeding, including a proceeding under the Program Fraud Civil Remedies Act (31 U.S.C. 3801-3812), to which the Federal Government or a....965 Administrative Personnel OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) CIVIL SERVICE...

  19. 40 CFR 52.2574 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... requirements of § 51.230(f) of this chapter are not met since section 144.33 of the Wisconsin Air Law will... 40 Protection of Environment 4 2011-07-01 2011-07-01 false Legal authority. 52.2574 Section 52.2574 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS...

  20. 40 CFR 52.2574 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... requirements of § 51.230(f) of this chapter are not met since section 144.33 of the Wisconsin Air Law will... 40 Protection of Environment 4 2010-07-01 2010-07-01 false Legal authority. 52.2574 Section 52.2574 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS...

  1. The Legal Recognition of Sign Languages

    ERIC Educational Resources Information Center

    De Meulder, Maartje

    2015-01-01

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

  2. 14 CFR 1203.100 - Legal basis.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 14 Aeronautics and Space 5 2011-01-01 2010-01-01 true Legal basis. 1203.100 Section 1203.100 Aeronautics and Space NATIONAL AERONAUTICS AND SPACE ADMINISTRATION INFORMATION SECURITY PROGRAM Scope § 1203... that NASA has responsibility for safeguarding. (c) The National Aeronautics and Space Act. (1)...

  3. 14 CFR 1203.100 - Legal basis.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... 14 Aeronautics and Space 5 2013-01-01 2013-01-01 false Legal basis. 1203.100 Section 1203.100 Aeronautics and Space NATIONAL AERONAUTICS AND SPACE ADMINISTRATION INFORMATION SECURITY PROGRAM Scope § 1203... that NASA has responsibility for safeguarding. (c) The National Aeronautics and Space Act. (1)...

  4. Legal Protections Gay Students Must Receive

    ERIC Educational Resources Information Center

    Underwood, Julie

    2004-01-01

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

  5. Legal Portion in Russian Inheritance Law

    ERIC Educational Resources Information Center

    Inshina, Roza; Murzalimova, Lyudmila

    2013-01-01

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

  6. 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…

  7. Legal Challenges to Compulsory Attendance Laws.

    ERIC Educational Resources Information Center

    Beckham, Joseph C.

    Legal challenges to state compulsory attendance laws have emphasized four interrelated constitutional claims. Under provisions of the free exercise clause of the First Amendment, parents have challenged the state's authority to require public school attendance in lieu of home instruction and private, religious organizations have refused to comply…

  8. 40 CFR 52.1575 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ...) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) New Jersey § 52.1575 Legal authority. (a) The requirements of § 51.230(f) of this chapter are not met, since section 26:2C-9 of the New Jersey Air...

  9. 40 CFR 52.1575 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ...) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) New Jersey § 52.1575 Legal authority. (a) The requirements of § 51.230(f) of this chapter are not met, since section 26:2C-9 of the New Jersey Air...

  10. 40 CFR 52.1575 - Legal authority.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ...) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) New Jersey § 52.1575 Legal authority. (a) The requirements of § 51.230(f) of this chapter are not met, since section 26:2C-9 of the New Jersey Air...

  11. 40 CFR 52.1575 - Legal authority.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ...) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) New Jersey § 52.1575 Legal authority. (a) The requirements of § 51.230(f) of this chapter are not met, since section 26:2C-9 of the New Jersey Air...

  12. The legal imperative for treating rare disorders

    PubMed Central

    2013-01-01

    Background Life-saving orphan drugs are some of the most expensive medicines. European Union governments aim to accommodate their provision within stretched healthcare budgets but face pressure to reduce funding of such treatments. Patients struggle to retain or gain access to them as their special status is questioned, causing distress and in some cases, fears of premature death. In the UK and EU reimbursement and pricing model of drugs, and orphan drugs in particular, is being re-evaluated. Methods Using the United Kingdom as a case study we present, for the first time, legal arguments which compel governments to provide orphan medicinal products. These include (i) disability legislation, (ii) national and organisational constitutions, (iii) judicial review, (iv) tort law and (v) human rights legislation. We then address directly potential objections to our analysis and counter arguments which aim to limit provision of orphan drugs to the intended patient recipients. Results We demonstrate that a compelling case can be made that the law demands the treatment of orphan diseases. Conclusions Our legal framework will assist doctors and patients in ensuring the continued provision of treatments despite significant economic pressure to reduce funding. These legal avenues will empower stakeholders in drafting funding guidelines throughout the EU. The legal right to treatment extends beyond rare diseases and our analysis may therefore affect allocation of healthcare budgets throughout the EU. PMID:24010951

  13. The Legality of School Vouchers: Round Two

    ERIC Educational Resources Information Center

    McCarthy, Martha

    2006-01-01

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

  14. The COUNSELOR Project: Understanding Legal Argument.

    DTIC Science & Technology

    1986-01-01

    cannot reasonably expect the judge to maintain a " tabula rasa " mentality, where his y decision is presumably based only on the propositions presented...this is the case, then the role of the audience becomes crucial. Since the audience in legal argumentation is a very specialized group, it is

  15. Legal Aspects of Educating the Developmentally Disabled.

    ERIC Educational Resources Information Center

    Turnbull, H. Rutherford, III

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

  16. 40 CFR 62.4623 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ...) APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED FACILITIES AND POLLUTANTS Louisiana Plan for Control of Designated Pollutants from Existing Facilities (section 111(d) Plan) § 62.4623 Legal authority. (a) The requirements of § 60.26(a) of this chapter are not met since the plan does not...

  17. 40 CFR 62.4623 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ...) APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED FACILITIES AND POLLUTANTS Louisiana Plan for Control of Designated Pollutants from Existing Facilities (section 111(d) Plan) § 62.4623 Legal authority. (a) The requirements of § 60.26(a) of this chapter are not met since the plan does not...

  18. Legal History Meets the Honors Program

    ERIC Educational Resources Information Center

    Bennett, Robert B., Jr.

    2009-01-01

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

  19. Legal Issues in Public School Employment.

    ERIC Educational Resources Information Center

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

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

  20. The Legal Deposit of Electronic Publications.

    ERIC Educational Resources Information Center

    Vickery, Jim

    1998-01-01

    Discusses electronic publication and legal deposit (the requirement that publications produced within a certain jurisdiction be deposited, usually in designated libraries which include the national library). The need for extension of deposit requirements to electronic materials, issues of concern, current legislation worldwide, and the role of…

  1. Current Illinois Legal Issues. Second Edition.

    ERIC Educational Resources Information Center

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

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

  2. The Principal's Legal Handbook. Fourth Edition

    ERIC Educational Resources Information Center

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

    2008-01-01

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

  3. 33 CFR 326.5 - Legal action.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... recommend criminal or civil actions to obtain penalties for violations, compliance with the orders and... for criminal or civil action include, but are not limited to, violations which, in the district... directly to the U.S. Attorney. Because of the unique legal system in the Trust Territories, all cases...

  4. 33 CFR 326.5 - Legal action.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... recommend criminal or civil actions to obtain penalties for violations, compliance with the orders and... for criminal or civil action include, but are not limited to, violations which, in the district... directly to the U.S. Attorney. Because of the unique legal system in the Trust Territories, all cases...

  5. 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 CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES (CONTINUED) MEDICARE... law, and authorized to conduct business in each State in which it operates for purposes of...

  6. 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

  7. An Administrator's Legal Guide to Student Control.

    ERIC Educational Resources Information Center

    Connors, Eugene T.

    The purpose of this study was to help public school administrators, especially principals, to understand the legal and constitutional limitations of their authority in dealing with students. Control of students is discussed as five separate topics, each representing a chapter, as follows: (1) freedom of expression and First Amendment rights; (2)…

  8. Environment and the Law. Legal Almanac Series.

    ERIC Educational Resources Information Center

    Sloan, Irving J.

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

  9. 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 Section 1275.14 Parks, Forests, and Public Property NATIONAL ARCHIVES AND RECORDS ADMINISTRATION NIXON PRESIDENTIAL MATERIALS PRESERVATION AND PROTECTION OF AND ACCESS TO THE PRESIDENTIAL HISTORICAL MATERIALS...

  10. Pharmacogenetics in medico-legal context.

    PubMed

    Sajantila, A; Palo, J U; Ojanperä, I; Davis, C; Budowle, B

    2010-12-15

    Medico-legal autopsy is the primary method in determining the cause and manner of death when the death is suspected to be unnatural. In some of these autopsies, the death remains ambiguous, even after a complete autopsy including histological investigation and toxicological screenings. In cases where there are no morphological abnormalities, medico-legal genetics may offer additional means to provide knowledge of possible genetic mutations, which may have initiated the process or predisposed the individual to stress risk conditions leading to death. One class of ambiguous deaths consists of drug-related deaths where the interpretation of the toxicological results are not clear. In such situations post mortem genotyping and the analysis of metabolite rations may provide an insight to the findings. A few cases demonstrating the potential strength of pharmacogenetics in medico-legal context has been published. However, there is a paramount need for serious scientific studies before the field of post mortem pharmacogenetics can be utilized in routine medico-legal analyses casework and brought routinely into courtroom.

  11. Child Custody: Legal Decisions and Family Outcomes.

    ERIC Educational Resources Information Center

    Everett, Craig A., Ed.

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

  12. Reduction in Force: A Legal Update.

    ERIC Educational Resources Information Center

    Beckham, Joseph C.

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

  13. Reduction in Force: The Legal Aspects.

    ERIC Educational Resources Information Center

    Ware, Martha L.

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

  14. Resistance to Reform in Legal Ethics Instruction.

    ERIC Educational Resources Information Center

    Gee, Elizabeth D.

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

  15. 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…

  16. Legal Issues in Anonymity and Pseudonymity.

    ERIC Educational Resources Information Center

    Froomkin, A. Michael

    1999-01-01

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

  17. Connecting Legal Discourse with Real World Concerns.

    ERIC Educational Resources Information Center

    Bruce, Nigel

    This paper reports on the strategies used by an English-as-a-Second-Language (ESL) teacher to help law students whose first language is Chinese in an English-for-law course learn and understand how to negotiate legal texts and ordinances and connect them with the concerns of people in the real world. The example of the recently enacted Human Organ…

  18. Legal Cases: Their Use in Engineering Instruction.

    ERIC Educational Resources Information Center

    Maher, Richard P.

    1984-01-01

    Provides rationale for using legal case study method to teach law applied to the construction process, giving general form of a typical case report. Suggests methods of using case study court reports in engineering curriculum, dicussing direction to take and selection of case studies. Lists examples available from Engineering Case Library. (JM)

  19. Sexual Harassment on Campus: A Legal Compendium.

    ERIC Educational Resources Information Center

    Van Tol, Joan E., Ed.

    Law review and journal articles on sexual harassment in higher education are presented along with policies and procedures from selected universities and organizations, guidance on drafting policies, and a selected bibliography. The following law review and journal articles are presented: "Recent Legal Developments in Sexual Harassment"…

  20. The Reliability and Legality of Online Education

    ERIC Educational Resources Information Center

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

    2016-01-01

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

  1. 78 FR 67983 - Proposed Legal Interpretation

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-11-13

    ... the en route cruise portion of the flight. DATES: Comments must be received on or before January 13... cruise portion of a flight. This proposed legal interpretation addresses the qualification requirements... such may only leave his or her duty station for purposes of rest during the en route cruise portion...

  2. 40 CFR 52.625 - Legal authority.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... PROMULGATION OF IMPLEMENTATION PLANS Hawaii § 52.625 Legal authority. (a) The requirements of § 51.230(f) of this chapter are not met, since sections 322-64(5) and 322-66 of the Hawaii Revised Statutes could,...

  3. 40 CFR 52.625 - Legal authority.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... PROMULGATION OF IMPLEMENTATION PLANS Hawaii § 52.625 Legal authority. (a) The requirements of § 51.230(f) of this chapter are not met, since sections 322-64(5) and 322-66 of the Hawaii Revised Statutes could,...

  4. 40 CFR 52.625 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... PROMULGATION OF IMPLEMENTATION PLANS Hawaii § 52.625 Legal authority. (a) The requirements of § 51.230(f) of this chapter are not met, since sections 322-64(5) and 322-66 of the Hawaii Revised Statutes could,...

  5. 40 CFR 52.625 - Legal authority.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... PROMULGATION OF IMPLEMENTATION PLANS Hawaii § 52.625 Legal authority. (a) The requirements of § 51.230(f) of this chapter are not met, since sections 322-64(5) and 322-66 of the Hawaii Revised Statutes could,...

  6. 40 CFR 52.625 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... PROMULGATION OF IMPLEMENTATION PLANS Hawaii § 52.625 Legal authority. (a) The requirements of § 51.230(f) of this chapter are not met, since sections 322-64(5) and 322-66 of the Hawaii Revised Statutes could,...

  7. 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)…

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

    ERIC Educational Resources Information Center

    Hinchey, Patricia H.

    2003-01-01

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

  9. Political and Legal Progress Since 1964

    ERIC Educational Resources Information Center

    Glickstein, Howard

    1975-01-01

    The stated purpose of this testimony, before a public hearing of the New York City Commission on Human Rights in May 1974, is to evaluate the political and legal progress--or lack of it--that has been made toward achieving racial equality in the decade since the Civil Rights Act of 1964 became law. (Author/JM)

  10. The Legal Rights of Maine Women.

    ERIC Educational Resources Information Center

    Potter, Judy R.; Marshall, Gail

    This booklet is intended to help Maine women recognize and enforce their rights under Maine and federal law. It is not designed to be a substitute for lawyers' services, but to inform women of their legal rights so that they will know when to consult a lawyer or a governmental agency for assistance in enforcing these rights. Organized topically by…

  11. Legal Research: An Emerging Paradigm for Inquiry

    ERIC Educational Resources Information Center

    Russo, Charles

    2005-01-01

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

  12. Legal Challenges to All-Female Organizations.

    ERIC Educational Resources Information Center

    Feldblum, Chai R.; And Others

    1986-01-01

    Describes legal doctrines used to challenge single-sex organizations. Discusses the role that all-female organizations can play in meeting the special needs of girls and women and describes how the compensatory purpose doctrine can be used to defend against challenges under state equal rights amendments and public accommodation statutes. (KH)

  13. Temporal Visualization for Legal Case Histories.

    ERIC Educational Resources Information Center

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

    1999-01-01

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

  14. Judicial Attitude toward Legal Rights and AIDS.

    ERIC Educational Resources Information Center

    Stavis, Paul F.

    1989-01-01

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

  15. Considering Layoffs? Tips for Avoiding Legal Problems

    ERIC Educational Resources Information Center

    Kelderman, Eric

    2009-01-01

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

  16. Legal Questions of the Application of Microfilms.

    ERIC Educational Resources Information Center

    Basco, Jeno; And Others

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

  17. The Legal Status of Adolescents 1980.

    ERIC Educational Resources Information Center

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

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

  18. 40 CFR 52.1325 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... chapter). (2) St. Louis City Division of Air Pollution Control: (i) Authority to require recordkeeping is... local legal authority. (1) St. Louis County Division of Air Pollution Control: (i) Authority to require... public is inadequate because section 612.350, St. Louis County Air Pollution Control Code,...

  19. 40 CFR 52.1325 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... chapter). (2) St. Louis City Division of Air Pollution Control: (i) Authority to require recordkeeping is... local legal authority. (1) St. Louis County Division of Air Pollution Control: (i) Authority to require... public is inadequate because section 612.350, St. Louis County Air Pollution Control Code,...

  20. 40 CFR 52.1325 - Legal authority.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... chapter). (2) St. Louis City Division of Air Pollution Control: (i) Authority to require recordkeeping is... local legal authority. (1) St. Louis County Division of Air Pollution Control: (i) Authority to require... public is inadequate because section 612.350, St. Louis County Air Pollution Control Code,...

  1. 40 CFR 52.1325 - Legal authority.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... chapter). (2) St. Louis City Division of Air Pollution Control: (i) Authority to require recordkeeping is... local legal authority. (1) St. Louis County Division of Air Pollution Control: (i) Authority to require... public is inadequate because section 612.350, St. Louis County Air Pollution Control Code,...

  2. 40 CFR 52.1325 - Legal authority.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... chapter). (2) St. Louis City Division of Air Pollution Control: (i) Authority to require recordkeeping is... local legal authority. (1) St. Louis County Division of Air Pollution Control: (i) Authority to require... public is inadequate because section 612.350, St. Louis County Air Pollution Control Code,...

  3. Women's Legal Rights in Alaska. Reprint.

    ERIC Educational Resources Information Center

    Tatter, Sue Ellen; Saville, Sandra K.

    This publication is intended to help women in Alaska learn about their legal rights. Some of the information is of a general nature and will be of interest to women in other states. Some of the laws and resources are relevant to Alaska only. The publication can serve as a model to other states wanting to develop a resource to inform women about…

  4. Nursing Homes as Teaching Institutions: Legal Issues.

    ERIC Educational Resources Information Center

    Kapp, Marshall B.

    1984-01-01

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

  5. Legal Aspects of Cardiac Rehabilitation Exercise Programs.

    ERIC Educational Resources Information Center

    Herbert, William; Herbert, David L.

    1988-01-01

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

  6. 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)

  7. 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…

  8. Instructional Materials Approved for Legal Compliance.

    ERIC Educational Resources Information Center

    California State Dept. of Education, Sacramento. Curriculum Framework and Instructional Materials Unit.

    Intended to facilitate the selection of instructional materials that meet California's legal compliance requirements, this list contains materials that have been reviewed against social content criteria having to do with the depiction of males and females, various ethnic groups, the aged, the disabled, and others to ensure that they are responsive…

  9. Legal and Institutional Foundations of Adaptive Environmental ...

    EPA Pesticide Factsheets

    Legal and institutional structures fundamentally shape opportunities for adaptive governance of environmental resources at multiple ecological and societal scales. Properties of adaptive governance are widely studied. However, these studies have not resulted in consolidated frameworks for legal and institutional design, limiting our ability to promote adaptation and social-ecological resilience. We develop an overarching framework that describes the current and potential role of law in enabling adaptation. We apply this framework to different social-ecological settings, centers of activity, and scales, illustrating the multidimensional and polycentric nature of water governance. Adaptation typically emerges organically among multiple centers of agency and authority in society as a relatively self-organized or autonomous process marked by innovation, social learning, and political deliberation. This self-directed and emergent process is difficult to create in an exogenous, top-down fashion. However, traditional centers of authority may establish enabling conditions for adaptation using a suite of legal, economic, and democratic tools to legitimize and facilitate self-organization, coordination, and collaboration across scales. The principles outlined here provide preliminary legal and institutional foundations for adaptive environmental governance, which may inform institutional design and guide future scholarship. Adaptation typically emerges organically among m

  10. Legal Aspects of University Autonomy in Brazil

    ERIC Educational Resources Information Center

    Ranieri, Nina Beatriz Stocco

    2009-01-01

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

  11. European stem cell research in legal shackles.

    PubMed

    Nielen, Myrthe G; de Vries, Sybe A; Geijsen, Niels

    2013-12-11

    Advances in stem cell biology have raised legal challenges to the patentability of stem cells and any derived technologies and processes. In 1999, Oliver Brüstle was granted a patent for the generation and therapeutic use of neural cells derived from human embryonic stem cells (hESCs). The patent was challenged and put before the European Court of Justice, which ruled that inventions involving the prior destruction of human embryos cannot be patented. The legal maneuvering around this case demonstrates that the future of stem cell-based patents in Europe remains unsettled. Furthermore, owing to the European Court's broad definition of hESC as 'any cell that is capable of commencing development into a human being,' novel technologies that could eliminate the need for hESCs, such as induced pluripotent stem cells (iPSCs), are at risk of being included under the same ruling. Advances in the in vitro development of germ cells from pluripotent stem cells may one day provide a direct developmental path from iPSC to oocyte and sperm, and, according to the European Court's reasoning, legally equate iPSCs with human embryos. In this review, we will briefly discuss the Brüstle v Greenpeace case and the implications of the European Court of Justice's ruling. We will identify potential risks for stem cell research and future therapeutics resulting from the broad legal definition of the human embryo. Finally, we will broach the current legal landscape, as this broad definition has also created great uncertainty about the status of human iPSCs.

  12. 75 FR 47632 - Thomson Reuters Legal, Legal Editorial Operations, Cleveland Office, Including Workers Whose...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-08-06

    ..., Including Workers Whose Unemployment Insurance (UI) Wages Are Paid Through West Services, Inc., Independence..., Legal Editorial Operations, Cleveland Office had their wages reported under a separated unemployment... workers whose unemployment insurance (UI) wages are paid through West Services, Inc., Independence,...

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

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... contain the inmate's name and/or case caption prominently displayed on the first page, documents... impractical, the Warden shall allow an inmate preparing legal documents to use a typewriter, or, if the...

  14. 28 CFR 543.11 - Legal research and preparation of legal documents.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... contain the inmate's name and/or case caption prominently displayed on the first page, documents... impractical, the Warden shall allow an inmate preparing legal documents to use a typewriter, or, if the...

  15. 28 CFR 543.11 - Legal research and preparation of legal documents.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... contain the inmate's name and/or case caption prominently displayed on the first page, documents... impractical, the Warden shall allow an inmate preparing legal documents to use a typewriter, or, if the...

  16. 28 CFR 543.11 - Legal research and preparation of legal documents.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... contain the inmate's name and/or case caption prominently displayed on the first page, documents... impractical, the Warden shall allow an inmate preparing legal documents to use a typewriter, or, if the...

  17. 28 CFR 543.11 - Legal research and preparation of legal documents.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... contain the inmate's name and/or case caption prominently displayed on the first page, documents... impractical, the Warden shall allow an inmate preparing legal documents to use a typewriter, or, if the...

  18. 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

  19. 78 FR 29247 - Contractor Legal Management Requirements; Acquisition Regulations; Correction

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-05-20

    ..., on May 14, 2013. Paul Bosco, Director, Office of Acquisition and Project Management. BILLING CODE... Part 952 RIN 1990-AA37 Contractor Legal Management Requirements; Acquisition Regulations; Correction..., DOE revised existing regulations covering contractor legal management requirements....

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

    ERIC Educational Resources Information Center

    Kimball, Bruce A.

    1986-01-01

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

  1. An Interdisciplinary Seminar on Legal Issues in Medicine.

    ERIC Educational Resources Information Center

    Moore, Dale L.

    1989-01-01

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

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

    PubMed

    Elliott, R Douglas; Bonauto, Mary

    2005-01-01

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

  3. Public perceptions of arguments supporting and opposing recreational marijuana legalization.

    PubMed

    McGinty, Emma E; Niederdeppe, Jeff; Heley, Kathryn; Barry, Colleen L

    2017-02-09

    In debates about recreational marijuana legalization, pro-legalization arguments highlighting economic and other potential policy benefits compete with anti-legalization arguments emphasizing public health risks. In 2016, we conducted a national survey using an online panel (N=979) designed to answer two main research questions: (1) How do Americans perceive the relative strength of competing arguments about recreational marijuana legalization? (2) How are perceptions of argument strength associated with public support for recreational marijuana legalization? We examined differences in attitudes among individuals living in states that have/have not legalized recreational marijuana and among Democrats/Independents/Republicans. Ordered logit regression assessed the relationship between perceived argument strength and public support for recreational marijuana legalization. Respondents rated pro-legalization arguments highlighting beneficial economic and criminal justice consequences as more persuasive than anti-legalization arguments emphasizing adverse public health effects. Respondents were more likely to agree with arguments highlighting legalization's potential to increase tax revenue (63.9%) and reduce prison overcrowding (62.8%) than arguments emphasizing negative consequences on motor vehicle crashes (51.8%) and youth health (49.6%). The highest rated anti-legalization arguments highlighted the conflict between state and federal marijuana laws (63.0%) and asserted that legalization will fail to eliminate the black market (57.2%). Respondents who endorsed pro-legalization economic and criminal justice arguments were more likely than other respondents to support legalization. Our findings indicate that, on both side of the recreational marijuana legalization debate, there are arguments that resonate with the American public. However, public health risk messages were viewed as less compelling than pro-legalization economic and criminal justice-oriented arguments.

  4. Legal perceptions of forensic DNA profiling part I: a review of the legal literature.

    PubMed

    Walsh, Simon J

    2005-12-01

    A forensic biologist is usually involved in the criminal justice system process somewhere between the police and the legal system, interacting in a practical context regularly and extensively with both. Forensic DNA research and development commonly involves initiatives that encroach into the neighbouring domains of the law enforcement or legal agencies. Despite this level of association, establishing meaningful cross-disciplinary communication and understanding within the justice system remains a challenge. As an example, there is an abundance of literature relating to forensic DNA profiling in legal and criminological periodicals. Such journals are perhaps outside the regular reading of forensic scientists and much of the legal discussion appears to go unnoticed. This situation is understandable; however, it is also undesirable particularly as forensic DNA developments are intertwined with significant changes in legislation and contentious issues of privacy, civil liberty and social justice. This paper attempts to address this shortcoming directly by summarising - from the viewpoint of a forensic scientist - some of the discussion in the legal literature. In particular the review focuses on discussion raising ideological and ethical concerns. Awareness of these views is of relevance to forensic science. It assists us to accurately place DNA evidence into context and to develop its role in achieving the broader criminal justice system objectives. Understanding the discussion also provides a way to enter the debate and communicate at an appropriate level the true potential of DNA to the legal community.

  5. 32 CFR 727.6 - Functions of legal assistance officers.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... with their personal legal problems, or refer such persons to a civilian lawyer as provided in § 727.9... another party or his lawyer, and prepare all types of legal documents, including pleadings, as are... liaison with local bar organizations, lawyer referral services, legal aid societies, and other...

  6. 38 CFR 13.102 - Accountability of legal custodians.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

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

  7. 5 CFR 1653.13 - Processing legal processes.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 5 Administrative Personnel 3 2011-01-01 2011-01-01 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...

  8. 38 CFR 13.102 - Accountability of legal custodians.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

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

  9. 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...

  10. 5 CFR 1653.12 - Qualifying legal processes.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 5 Administrative Personnel 3 2011-01-01 2011-01-01 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...

  11. 5 CFR 1653.13 - Processing legal processes.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... TSP is notified in writing that the legal process has been appealed, and that the effect of the filing... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Processing legal processes. 1653.13... PROCESSES AFFECTING THRIFT SAVINGS PLAN ACCOUNTS Legal Process for the Enforcement of a Participant's...

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

    ERIC Educational Resources Information Center

    Gale, Mary Ellen

    1980-01-01

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

  13. 77 FR 12754 - Contractor Legal Management Requirements; Acquisition Regulations

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-03-02

    ... Part 719 48 Parts 931, 952 and 970 RIN 1990-AA37 Contractor Legal Management Requirements; Acquisition... covering contractor legal management requirements and make conforming amendments to the Department of... rulemaking to revise existing regulations covering contractor legal management requirements and...

  14. 25 CFR 115.102 - Adults under legal disability.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

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

  15. 30 CFR 41.20 - Legal identity report.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 30 Mineral Resources 1 2011-07-01 2011-07-01 false Legal identity report. 41.20 Section 41.20... ADMINISTRATIVE REQUIREMENTS NOTIFICATION OF LEGAL IDENTITY Operator's Report to the Mine Safety and Health Administration § 41.20 Legal identity report. Each operator of a coal or other mine shall file notification...

  16. 30 CFR 41.20 - Legal identity report.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 30 Mineral Resources 1 2014-07-01 2014-07-01 false Legal identity report. 41.20 Section 41.20... ADMINISTRATIVE REQUIREMENTS NOTIFICATION OF LEGAL IDENTITY Operator's Report to the Mine Safety and Health Administration § 41.20 Legal identity report. Each operator of a coal or other mine shall file notification...

  17. 30 CFR 41.20 - Legal identity report.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

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

  18. 30 CFR 41.20 - Legal identity report.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 30 Mineral Resources 1 2012-07-01 2012-07-01 false Legal identity report. 41.20 Section 41.20... ADMINISTRATIVE REQUIREMENTS NOTIFICATION OF LEGAL IDENTITY Operator's Report to the Mine Safety and Health Administration § 41.20 Legal identity report. Each operator of a coal or other mine shall file notification...

  19. 30 CFR 41.20 - Legal identity report.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 30 Mineral Resources 1 2013-07-01 2013-07-01 false Legal identity report. 41.20 Section 41.20... ADMINISTRATIVE REQUIREMENTS NOTIFICATION OF LEGAL IDENTITY Operator's Report to the Mine Safety and Health Administration § 41.20 Legal identity report. Each operator of a coal or other mine shall file notification...

  20. 17 CFR 45.6 - Legal entity identifiers

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... entity or entities in the record. (c) Governance principles for the legal entity identifier. The legal... conform to the governance principles set forth in paragraphs (c)(1) through (4) of this section. (1) International governance. The issuance of the legal entity identifier used pursuant to this section, and...

  1. 17 CFR 45.6 - Legal entity identifiers

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... entity or entities in the record. (c) Governance principles for the legal entity identifier. The legal... conform to the governance principles set forth in paragraphs (c)(1) through (4) of this section. (1) International governance. The issuance of the legal entity identifier used pursuant to this section, and...

  2. 17 CFR 45.6 - Legal entity identifiers

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... entity or entities in the record. (c) Governance principles for the legal entity identifier. The legal... conform to the governance principles set forth in paragraphs (c)(1) through (4) of this section. (1) International governance. The issuance of the legal entity identifier used pursuant to this section, and...

  3. Are AustLII and Google Enough for Legal Research?

    ERIC Educational Resources Information Center

    Fong, Colin

    2006-01-01

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

  4. 40 CFR 51.160 - Legally enforceable procedures.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 40 Protection of Environment 2 2014-07-01 2014-07-01 false Legally enforceable procedures. 51.160 Section 51.160 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS... Modifications § 51.160 Legally enforceable procedures. (a) Each plan must set forth legally...

  5. The American self and the long march to legal equality.

    PubMed

    Wiley, Norbert

    2011-10-01

    Legally, women, Native Americans, and African-Americans were defined by the American Constitution as inferior. The pragmatists gradually showed that all selves are equal. These ideas helped the minorities to attain nearly full legal status. But economic status is going in the other direction, toward inequality. It threatens to overcome the hard-won legal equality and make it meaningless.

  6. Males, Fathers and Husbands: Changing Roles and Reciprocal Legal Rights

    ERIC Educational Resources Information Center

    Aberg, Miriam; And Others

    1977-01-01

    Discrimination toward men can be found in the legal definition of marriage, legal age requirements at marriage, support, child custody, unmarried fathers' rights, abortion, and cohabitation. With the increasing equality between the sexes, men will gain in their legal options of roles. (Author)

  7. Legal Change and Stigma in Surrogacy and Abortion.

    PubMed

    Robertson, John A

    2015-01-01

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

  8. 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...

  9. 24 CFR 58.11 - Legal capacity and performance.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 24 Housing and Urban Development 1 2013-04-01 2013-04-01 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...

  10. 24 CFR 58.11 - Legal capacity and performance.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 24 Housing and Urban Development 1 2014-04-01 2014-04-01 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...

  11. 24 CFR 58.11 - Legal capacity and performance.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 24 Housing and Urban Development 1 2011-04-01 2011-04-01 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...

  12. 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...

  13. 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....

  14. 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....

  15. 48 CFR 1511.011-76 - Legal analysis.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

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

  16. 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....

  17. 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....

  18. 48 CFR 1552.211-76 - Legal analysis.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

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

  19. 45 CFR 400.115 - Establishing legal responsibility.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... Child Welfare Services § 400.115 Establishing legal responsibility. (a) A State must ensure that legal... 45 Public Welfare 2 2013-10-01 2012-10-01 true Establishing legal responsibility. 400.115 Section 400.115 Public Welfare Regulations Relating to Public Welfare OFFICE OF REFUGEE...

  20. 45 CFR 400.115 - Establishing legal responsibility.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... Child Welfare Services § 400.115 Establishing legal responsibility. (a) A State must ensure that legal... 45 Public Welfare 2 2014-10-01 2012-10-01 true Establishing legal responsibility. 400.115 Section 400.115 Public Welfare Regulations Relating to Public Welfare OFFICE OF REFUGEE...

  1. 45 CFR 400.115 - Establishing legal responsibility.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... 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 400.115 Public Welfare Regulations Relating to Public Welfare OFFICE OF REFUGEE...

  2. Identifying the Need for Teaching Ethics in Professional Legal Education.

    ERIC Educational Resources Information Center

    Askins, Billy E.; And Others

    This paper describes how the Minimum Continuing Legal Education Board (MCLE) of the Supreme Court of New Mexico used the "MacCrate Report" to start a process of identifying the need for practical training in ethics education for legal professionals. The report, "Legal Education and Professional Development--An Educational…

  3. 32 CFR 516.17 - SJA or legal adviser procedures.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

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

  4. Overlapping universe: understanding legal insanity and psychosis.

    PubMed

    Torry, Zachary D; Billick, Stephen B

    2010-09-01

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

  5. 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.

  6. Public Health Legal Preparedness in Indian Country

    PubMed Central

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

    2009-01-01

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

  7. [Bioethics in Latin America: legal perspective].

    PubMed

    Figueroa Yáñez, Gonzalo

    2003-01-01

    The jurist's work is to detect the legal guiding principles, analize them and to anticipate what kind of acceptance they will have. The legislator must be prudent if the subject studied is changeable as it happens with the norms applied in Bioethics. This detection process is more delicate if the guiding principles that have to be detected are valid for such an extensive region, as it is Latin America, where the legislation of the different countries that form it would adopt them. The two problems that will be studied here are: a) if it is advisable or not to raise some Bioethic basic principles to the constitutional level. b) which are the main principles that have been adopted by the juridical legislations of Latin America and who, in some way, guide the legal regulation.

  8. Comparative legal aspects of pain management.

    PubMed

    Vansweevelt, T

    2008-12-01

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

  9. [Legal aspects of networking of medical activities].

    PubMed

    Preissler, Reinhold

    2005-04-01

    Medical networks lack a legal definition. From the viewpoint of social law, this term means a form of organization of joint-service providers in a non-specified composition for the undertaking of medical care activities; from the point of view of occupational law, this consists of a loose form of joint practice. Such medical network can conclude treatment contracts with the patients and exchange patients' medical records. A practice network can take over services as contract partner of hospitals or other institutions, in the interest of improved competition chances within the integrated care system. The joining of a third partner is basically left open by the MBO, however according to SGB V this is possible only after approval by all contract partners. In advance of a planned medical care center, is it recommended to found a physician network as starting model. Before single practices fuse into a single enterprise, management-, tax-, legal-, as well as psychological aspects must be considered.

  10. Legal and ethical issues of uterus transplantation.

    PubMed

    Dickens, Bernard M

    2016-04-01

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

  11. Alcohol: the clinician's role in evaluating legal responsibility.

    PubMed

    Lande, R G

    1993-11-01

    Alcohol-related misconduct poses a challenge for society, the legal system, and the medical profession. The debate is centered on alcohol abuse and the determination of responsibility for misbehavior. In assessing responsibility, the legal system often requests the expertise of the medical professional. The knowledgeable clinician can contribute to the just resolution of complex medico-legal cases. The best contribution considers medical facts in relation to the evolution of legal thinking. This article explores the historical, social, and legal approaches to alcohol-related misconduct. The article concludes with a discussion of a model clinical assessment.

  12. Requirements of weighing in legal metrology

    NASA Astrophysics Data System (ADS)

    Källgren, Håkan; Pendrill, Leslie

    2003-12-01

    A review is given of recent developments in the formulation of requirements of weighing where such measurements are performed in society and industry with legal implications such as safety, fair trade and environmental considerations. Traditional legal metrology in the area of weights and measures has been developed and given an expanded scope in recent years. This reflects, on the one hand, technical and scientific development (computerization of weighing devices, improved weight manufacturing and new methods of magnetism determination, for example), and on the other hand, administrative evolution (global requirements of the market and the Measurement Instrument Directive). Particularly fruitful has been the joint effort by the scientific mass metrology and legal metrology communities in the development in the last decade of international recommendations—especially OIML R111—on weighing. Consensus has been reached in the international weighing forum concerning important areas such as maximum permissible errors for weights, how to calculate measurement uncertainty and how measurement uncertainty should be accounted for in relation to conformity assessment. These international recommendations for weights as mass standards include both tolerances and extensive instructions about various influence quantities that affect the weight result, such as magnetization, surface roughness and volume of weights. Much remains to be done, however: corresponding requirements of weighing devices in particular need to meet the challenges of a rapidly changing technology. The promising collaboration between scientific and legal metrology initiated in the area of weights may act as a model and stimulate similar developments in other areas of metrology, particularly where requirements are generic (for instance uncertainty and conformity) or analogous.

  13. Overview of the TREC 2008 Legal Track

    DTIC Science & Technology

    2008-11-01

    Judge Grimm, writing in Victor Stanley v. Creative Pipe [13], went on to make this rather extraordinary set of observations about discovery of...results of the TREC Legal Track to date can be said to meet the judiciary’s ex- pectations, it is nevertheless the case that the opinion in Victor Stanley ...Crowley LLP), Joe Looby and Ryan Bilbrey (FTI Consulting), and the team from H5 (Todd Elmer, Jim Donahue, Misti Gerber , and others) for their

  14. [One year of counseling before legal abortion].

    PubMed

    Gosselin, G

    1976-01-01

    The required interview with a counselor before legal abortion in France can become depressing for the counselor because almost all clients are already committed, interpret it as one more bureaucratic barrier, and in mass appear as numerous cases of failure. Despite this the author tries to be open and nonjudgemental in order to permit free exchange and reconsideration, and to dispense information on contraception and social services. She encountered only 4 reconsiderations in hundreds of interviews.

  15. Legal briefing: conscience clauses and conscientious refusal.

    PubMed

    Pope, Thaddeus Mason

    2010-01-01

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

  16. Legal implications of the exotic pet practice.

    PubMed

    Maas, Adolf K

    2005-09-01

    The ever-growing complexity of veterinary laws compounds the problem for the exotic pet practice. Issues of possession, treatment, vaccination, and ethics shape the legal landscape for the veterinarian, and as new problems develop, new legislation will be created. Only by learning and understanding the current laws and regulations of the jurisdiction can a practitioner hope to keep abreast of the changes and additions as they occur and to minimize the risk of liability.

  17. [Artificial insemination as a legal problem].

    PubMed

    Nesterowicz, M

    1977-08-01

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

  18. Dementia in prison: ethical and legal implications.

    PubMed

    Fazel, S; McMillan, J; O'Donnell, I

    2002-06-01

    As the number of elderly prisoners increases in the UK and other Western countries, there will be individuals who develop dementia whilst in custody. We present two case vignettes of men with dementia in English prisons, and explore some of the ethical implications that their continuing detention raises. We find little to support their detention in the various purposes of prison put forward by legal philosophers and penologists, and conclude by raising some of the possible implications of The Human Rights Act 1998.

  19. [Advance directives: the legal situation in Belgium].

    PubMed

    Herremans, Jacqueline

    2008-01-01

    In 2002, Belgium passed laws on de-criminalizing euthanasia, on palliative care and on patients' rights. These legislations, fundamental in the field of medical law, have sanctioned the patient's right to personal autonomy, as well the principle of freedom of conscience for everyone, including the doctors. The anticipated declarations - or livings wills - both for euthanasia and for the patient's right to refuse medical treatment have become legal.

  20. Query Expansion for Noisy Legal Documents

    DTIC Science & Technology

    2008-11-01

    methodologies and results. 1 Introduction The TREC Legal Track is designed to model a real-world challenge known as “e-discovery.” In e-discovery, given a...techniques such as Inverse Document Frequency (IDF) that are insensitive to the content 1 Report Documentation Page Form ApprovedOMB No. 0704-0188 Public...reporting burden for the collection of information is estimated to average 1 hour per response, including the time for reviewing instructions

  1. [Diagnosis of HIV infections in legal regulations].

    PubMed

    Zaba, Czesław; Zaba, Zbigniew; Klimberg, Aneta; Swiderski, Paweł

    2007-01-01

    The study aimed at presenting current legal regulations associated with the management of patients suspected of being infected with HIV. Diagnostic management of infections with HIV represents a complex issue that is associated with several problems, not only of a legal, but also practical character. Drawing a blood sample from the patient and its testing for HIV results in infringement of the patient's privacy, and the latter is legally protected. Before conducting the test for HIV infection, the doctor is obliged to obtain the consent of the patient and, when the result is available, he should inform the individual in question and provide recommendations, as recommended by WHO. The patient has the right to be tested anonymously. Blood samples for HIV detection may be collected without the patient's consent in cases of obligatory tests performed as an element of a disease prevention program, in individuals who are charged with or convicted of a crime, or in case of a medical treatment. Unlawful activities result in infringement of the patient's right to self-determination and constitute acts against his/her interests.

  2. [Assistance in hunger strikes: legal guidelines].

    PubMed

    Gevers, J K

    2000-05-20

    Hunger strikes raise ethical and legal issues, in addition to societal and medical ones. The World Medical Association adopted resolutions in 1975 (Declaration of Tokyo) and 1991 (Declaration of Malta) in which respect for the decision to refuse food was confirmed. A survey of the relevant international and national standards shows that in the Netherlands law and policy are more supportive of respect for food refusal (and against forced feeding) than would seem to be the case at the international level. However, respect for the decision of the hunger striker requires that it is well-considered, informed, and free from group coercion. The existence of an unambiguous legal framework will not save the advising physician from difficult dilemmas which will in particular occur in case of a protracted hunger strike. In anticipation of expected loss of judgement capacities in protracted hunger strikers it is advisable that the wishes of the striker and the professional policy that the physician will adopt are written down. In case of hunger strike legal standards cannot fully replace psychological insight, professional ethics and conscience, however.

  3. Telecommunications, health care, and legal liability

    NASA Astrophysics Data System (ADS)

    Levy, Chris

    1990-06-01

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

  4. Sanctions for research misconduct: a legal perspective.

    PubMed

    Dresser, R

    1993-09-01

    The author discusses the legal principles that could assist in the design and administration of the official response to conduct found to threaten the integrity of the scientific process. The primary emphasis is on the principles that shape decisions about punishment. In the present climate of uncertainty about misconduct, it is difficult to adopt fair and consistent approaches to the selection of sanctions and other remedial actions. Officials have taken a variety of actions in response to unacceptable research behavior. Some federal actions have involved proceedings to recover the offending grant recipients' federal funds, prohibiting them from receiving federal grants or contracts for a set period, terminating or withholding ongoing grant support, and mandating future supervision of the offenders' research conduct; and universities have denied or revoked tenure, required or accepted retirement, and disclosed misconduct findings to potential future employers. Three types of legal remedies seem to have influenced the selection of sanctions in past cases: (1) the quasi-contractual legal remedy of restitution, (2) the philosophy of "just deserts," or retribution, based on the largely intuitive idea that the individual who engages in criminal conduct deserves punishment, and (3) deterrence of misconduct. Each type has a range of considerations and implications, and officials should thoughtfully consider the appropriate role of each, because their selection of sanctions will probably have a significant effect on the research community's perceptions of the system's fairness and efficacy.

  5. Legal issues for chem-bioinformatics models.

    PubMed

    Duardo-Sanchez, Aliuska; Gonzalez-Diaz, Humberto

    2013-01-01

    Chem-Bioinformatic models connect the chemical structure of drugs and/or targets (protein, gen, RNA, microorganism, tissue, disease...) with drug biological activity over this target. On the other hand, a systematic judicial framework is needed to provide appropriate and relevant guidance for addressing various computing techniques as applied to scientific research in biosciences frontiers. This article reviews both: the use of the predictions made with models for regulatory purposes and how to protect (in legal terms) the models of molecular systems per se, and the software used to seek them. First we review: i) models as a tool for regulatory purposes, ii) Organizations Involved with Validation of models, iii) Regulatory Guidelines and Documents for models, iv) Models for Human Health and Environmental Endpoint, and v) Difficulties to Validation of models, and other issues. Next, we focused on the legal protection of models and software; including: a short summary of topics, and methods for legal protection of computer software. We close the review with a section that treats the taxes in software use.

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

    PubMed Central

    Morris, Debra; Barr, Warren

    2013-01-01

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

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

    PubMed Central

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

    2009-01-01

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

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

    PubMed

    Molinaro, Peter F; Malloy, Lindsay C

    2016-01-01

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

  9. EXPERIENCIAS RELACIONADAS A UNA INTERVENCIÓN PARA REDUCIR EL ESTIGMA RELACIONADO AL VIH/SIDA ENTRE ESTUDIANTES DE MEDICINA EN PUERTO RICO

    PubMed Central

    Cintrón-Bou, Francheska; Varas-Díaz, Nelson; Marzán-Rodríguez, Melissa; Neilands, Torsten B.

    2016-01-01

    Existe estigma relacionado al VIH. A las personas con VIH/SIDA-PCVS se les viola sus derechos y obstaculiza su bienestar mental/físico. Profesionales de la salud-PS son fuente de apoyo primordial, sin embargo estos/as le estigmatizan. Es útil adiestrar a PS en relación al estigma social. Implantamos la intervención para reducir el estigma relacionado al VIH/SIDA con 507 estudiantes de medicina. Resultó ser una intervención efectiva, hubo reducción en los niveles de estigma a partir de nuestra intervención y diferencias significativas con el grupo control (p≤.05). Generar espacios de adiestramiento para atender el estigma relacionado al VIH/SIDA es pertinente para la psicología comunitaria porque colaboramos en la reducción de actitudes estigmatizantes que afectan adversamente la prevención de nuevas infecciones, la adherencia al tratamiento antirretroviral y la calidad de vida. PMID:27829690

  10. Weaponisation of Space - Some Legal Considerations

    NASA Astrophysics Data System (ADS)

    Jolly, C.

    2002-01-01

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

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

    PubMed

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

    2011-01-01

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

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

    ERIC Educational Resources Information Center

    Gemar, Jean-Claude

    1979-01-01

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

  13. The Minimum Legal Drinking Age and Crime

    PubMed Central

    Carpenter, Christopher

    2015-01-01

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

  14. 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.

  15. Language skills and earnings among legalized aliens.

    PubMed

    Chiswick, B R; Miller, P W

    1999-01-01

    "This paper uses the data on males and females from the 1989 [U.S.] Legalized Population Survey (LPS), a sample of aliens granted amnesty under 1986 Immigration Reform and Control Act, to analyse English language proficiency and earnings.... English language proficiency is greater for those with more schooling, who immigrated at a younger age, who have been in the United States longer, with a more continuos stay, and who have less access to other origin language speakers where they live. Earnings are higher by about 8% for men and 17% for women who are proficient in both speaking and reading English, compared to those lacking both skills."

  16. Rape: Legal issues in mental health perspective.

    PubMed

    Jiloha, R C

    2013-07-01

    Rape of women by men has occurred throughout recorded history and across cultures and religions. It is a crime against basic human right and a most common crime against women in India. In this article, rape is discussed from legal and mental health perspective. In India 'rape laws' began with enactment of Indian Penal Code in 1860. There have been subsequent amendments and the main issue of focus remained the definition of 'rape and inclusion of 'marital rape' in the ambit of rape. Law Commission Reports related to rape and the psychological impacts of rape have been discussed.

  17. The legal framework for effective competition.

    PubMed

    Berenson, R A; Hastings, D A; Kopit, W G

    1996-01-01

    Largely because of its indifference to spiraling costs, the professional domination model is being replaced by a market model based on competition among managed care plans and integrated delivery systems. In general, the more fully integrated previously competing providers become--for instance, by assuming financial risk together--the less legal risk is present, because of a decreased possibility of improper conspiratorial or collective behavior. Nevertheless, provider joint ventures and integrated delivery systems face a complex interaction of practical challenges and various legal and regulatory risks. This chapter explores ways in which laws involving fraud and abuse, self-referral, private inurement, corporate practice of medicine, Medicare reimbursement policy, and antitrust enforcement affect typical integrated delivery systems. From a legal standpoint, it might seem logical that the laws regulating health care providers would support and promote integration. A permissive legal environment to foster development of an integrated service network model assumes its development in a delivery system in which networks are at financial risk for the services provided. However, many of the laws and regulations governing integrated provider development were established at a time when joint ventures and other alliances were organizing in a predominantly fee-for-service environment and were generating significant increases in health care costs without producing demonstrable efficiencies or quality enhancements. The results is a fundamental inconsistency in government policy. The demand for collaboration by purchasers and legislatures does not necessarily cause the vast body of health care regulators to revise their concerns that many of the very collaborative activities being encouraged trigger potentially illegal acts and relationships. In a market model, the application of federal and state antitrust laws is especially important. In 1993 and 1994, the Department of

  18. Legal mechanisms supporting accountable care principles.

    PubMed

    Ramanathan, Tara

    2014-11-01

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

  19. Recruiting physicians: avoiding the legal minefield.

    PubMed

    Copeland, W M

    1992-01-01

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

  20. [Obligatory treatment: ethical, medical and legal issues].

    PubMed

    Archambault, Jean-Claude

    2006-06-01

    Legislation passed on 30 June 1838 created a medico-administrative and legal framework for forced hospitalization. Updated in 1990, this law has been evaluated twice. The last evaluation, in 2005, recommended a 72-hour observation period before deciding whether hospitalization was necessary. The situation of violent patients remains unclear. On the one hand, the psychiatrist has no means of impinging on these patients if they decide to stop their treatment once outside the hospital. On the other hand, for patients who are declared to be irresponsible, it would be wise to consider the possibility of being able to judge them, and adapt their sentences accordingly.

  1. Irrationality: psychological, ethical and legal aspects.

    PubMed

    Dimitrov, A

    1999-01-01

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

  2. Constitutional and Legal Protection for Life Support Limitation in India

    PubMed Central

    Mani, RK

    2015-01-01

    Appropriate treatment limitations towards the end of life to reduce unwanted burdens require ethical clarity that is supported by appropriate legislation. The lack of knowledge of enabling legal provisions, physicians feel vulnerable to legal misinterpretation of treatment limiting decisions. In India the lack of societal awareness, inadequate exploration of the gray areas of bio-ethics and unambiguous legal position relating to terminal illness have resulted in poor quality end of life care. Much of the perceived vulnerability by the physician is attributable to insufficient knowledge and understanding of existing constitutional and legal position in India. While we await informed legal and legislative opinion, this paper highlights possible legal liabilities arising from treatment limitation decisions with available defense. It is hoped that such clarity would lead to more confident ethical decisions and improved end of life care for patients. PMID:26600691

  3. Legal Report: Implementation of the Legalization Provisions under the Immigration Reform and Control Act of 1986.

    ERIC Educational Resources Information Center

    Isgro, Francesco

    1987-01-01

    This article examines the eligibility requirements and outlines the procedures for applying for legalization under the new Immigration Reform and Control Act of 1986. The law as Congress passed it is a liberal one, but there is still room for flexibility in the interpretation of the regulations. (Author/VM)

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

    ERIC Educational Resources Information Center

    Aikman, William F.

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

  5. [Situation of legal conflicts in criminal proceedings].

    PubMed

    Krause, Daniel M

    2003-11-01

    Criminal proceedings against physicians involving an alleged professional malpractice usually represent a complex problem raising issues in various (potential) areas of conflict. In many cases such proceedings are accompanied by liability actions in civil courts, occasionally proceedings have been initiated by the Medical Board in order to clarify a case of professional misconduct. Often, a medical malpractice insurance is involved. In order to protect the physician's interests in the best possible way, any action in the various matters needs concerted efforts. No statement or comment regarding the allegations should be rendered to the prosecution before access to the investigation file has been granted. No negative conclusions may be drawn from the use of the right to refuse testimony. The preparation of a written statement requires a thorough legal and factual analysis of the allegations as well as the evidence they are based on. In this respect professional legal assistance is essential. It does not constitute a breach of the doctor-patient confidentiality if the physician discloses information in order to defend himself against criminal allegations. If several physicians are charged with an offense it is recommendable in most cases to coordinate defense activities.

  6. Legal and ethical issues in research

    PubMed Central

    Yip, Camille; Han, Nian-Lin Reena; Sng, Ban Leong

    2016-01-01

    Legal and ethical issues form an important component of modern research, related to the subject and researcher. This article seeks to briefly review the various international guidelines and regulations that exist on issues related to informed consent, confidentiality, providing incentives and various forms of research misconduct. Relevant original publications (The Declaration of Helsinki, Belmont Report, Council for International Organisations of Medical Sciences/World Health Organisation International Guidelines for Biomedical Research Involving Human Subjects, World Association of Medical Editors Recommendations on Publication Ethics Policies, International Committee of Medical Journal Editors, CoSE White Paper, International Conference on Harmonisation of Technical Requirements for Registration of Pharmaceuticals for Human Use-Good Clinical Practice) form the literature that are relevant to the ethical and legal aspects of conducting research that researchers should abide by when conducting translational and clinical research. Researchers should note the major international guidelines and regional differences in legislation. Hence, specific ethical advice should be sought at local Ethics Review Committees. PMID:27729698

  7. Legal Medicine Information System using CDISC ODM.

    PubMed

    Kiuchi, Takahiro; Yoshida, Ken-ichi; Kotani, Hirokazu; Tamaki, Keiji; Nagai, Hisashi; Harada, Kazuki; Ishikawa, Hirono

    2013-11-01

    We have developed a new database system for forensic autopsies, called the Legal Medicine Information System, using the Clinical Data Interchange Standards Consortium (CDISC) Operational Data Model (ODM). This system comprises two subsystems, namely the Institutional Database System (IDS) located in each institute and containing personal information, and the Central Anonymous Database System (CADS) located in the University Hospital Medical Information Network Center containing only anonymous information. CDISC ODM is used as the data transfer protocol between the two subsystems. Using the IDS, forensic pathologists and other staff can register and search for institutional autopsy information, print death certificates, and extract data for statistical analysis. They can also submit anonymous autopsy information to the CADS semi-automatically. This reduces the burden of double data entry, the time-lag of central data collection, and anxiety regarding legal and ethical issues. Using the CADS, various studies on the causes of death can be conducted quickly and easily, and the results can be used to prevent similar accidents, diseases, and abuse.

  8. THE CONCEPT OF EXCEPTIONALITY: A LEGAL FARCE?

    PubMed Central

    Ford, Amy

    2012-01-01

    How do we decide which treatments should be offered by the National Health Service (NHS) when we cannot afford to fund them all? In the absence of a positive appraisal by the National Institute for Health and Clinical Excellence (NICE), which mandates the provision of a treatment by the NHS, Primary Care Trusts (PCTs) are free to decide whether to provide a particular drug to some, or all, of their population. However, as public bodies, it is a well-established principle of Administrative Law that PCTs are not at liberty to fetter the exercise of their own discretion. They must recognise the possibility that some patients will have exceptional circumstances, and as a consequence, any general policy prohibiting the funding of a drug cannot be absolute. In the absence of statutory guidance on what might constitute exceptional, clinicians are left guessing as to whether their patients might be eligible for funding on the grounds of exceptionality. Using the context of expensive cancer drugs, I will examine the concept of exceptionality from clinical, moral, and legal perspectives, focussing particularly on the role of social factors in determining exceptionality. I will review the cases where PCTs' decisions not to fund cancer drugs were subject to legal action and argue that the courts have provided little guidance on interpreting the term exceptional, and that the concept has a limited role to play in the allocation of scarce health resources at a local level. PMID:22389444

  9. 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.

  10. [Temporary disability and its legal implications].

    PubMed

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

    2014-03-01

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

  11. 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.

  12. 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

  13. Antiprogestin drugs: ethical, legal and medical issues.

    PubMed

    Cook, R J; Grimes, D A

    1992-01-01

    RU 486 allows women the choice of a medical rather than a surgical abortion, and, for most women, the choice is one of procedure, not of whether to have an abortion. Issues surrounding RU 486 were explored in an American Society of Law and Medicine conference in December 1991 entitled "Antiprogestin Drugs: Ethical, Legal and Medical Issues." An introduction to 14 conference papers provides an overview of the proceedings. Baulieu, the father of RU 486, described updated developments in its use and the medically supervised method of abortion. Bygdeman and Swahn presented their work in Sweden on combining RU 486 with a prostaglandin to make abortion more effective. They suggested that the drug may be an attractive postovulation contraceptive. Greenslad et al. discussed service delivery aspects of the use of RU 486. Holt considered the implications of use of the drug in low-resource settings. A survey of obstetricians and gynecologists, presented by Heilig, indicates that 22% more physicians would perform a medical abortion. Patient perspectives were addressed by David, who stated that measuring acceptability of an abortion technique is difficult; women have historically used whatever method is available. A collaborative research project in India and Cuba on why women chose certain methods was reported by Winikoff et al. (90% of women would choose medical abortion if faced with the choice again). Berer analyzed French data on women's perspectives on medical vs. surgical abortion. The question of adolescent use of the drug was considered by Senderowitz, who lamented the lack of data on the subject and described what is known about adolescent pregnancy. Macklin proposed a framework for ethical analysis and used facts to address ethical questions. Weinstein provided another ethical framework, to analyze whether pharmacists have a right to refuse to provide abortifacient drugs. Buc approached the subject from a legal point of view and concluded that, whereas legal problems

  14. Helping veterans with mental illness overcome civil legal issues: collaboration between a veterans affairs psychosocial rehabilitation center and a nonprofit legal center.

    PubMed

    Wong, Catherine F; Tsai, Jack; Klee, Anne; Udell, Howard R; Harkness, Laurie; Middleton, Margaret

    2013-02-01

    This article describes the collaboration between a Department of Veterans Affairs (VA) community-based psychosocial rehabilitation center and a nonprofit legal center that primarily addresses the civil legal issues of veterans who have mental illness and/or are homeless. The legal center is located on-site at the VA psychosocial rehabilitation center and serves veterans who receive VA mental health treatment and other social services. Once veterans establish contact with the legal center and authorize the release of their health information, legal center staff members work closely with VA clinicians to help veterans address legal issues that may be obstacles to recovery. Development of this collaboration is described, along with the legal center's funding, clientele, and operations. The most common types of civil legal matters the legal center handles are also briefly described. Experiences of the legal center suggest that professional aid for civil legal problems provided within VA facilities may be beneficial for veterans and warrants empirical study.

  15. Legal Language: What Is It and What Can We Do about It?

    ERIC Educational Resources Information Center

    Charrow, Veda R.; Crandall, JoAnn

    Legal language is discussed in the context of concern about the comprehensibility of consumer documents and the trend toward simplification of the language used in these documents. Specific features of legal language and its functions within the legal community and society are identified. As a primary tool of the legal profession, legal language…

  16. 40 CFR 2.205 - Final confidentiality determination by EPA legal office.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... EPA legal office. 2.205 Section 2.205 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY... determination by EPA legal office. (a) Role of EPA legal office. (1) The appropriate EPA legal office (see... pending, the EPA legal office's determination shall serve as the final determination on appeal from...

  17. 10 CFR 719.10 - What information must be included in the legal management plan?

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... 10 Energy 4 2013-01-01 2013-01-01 false What information must be included in the legal management plan? 719.10 Section 719.10 Energy DEPARTMENT OF ENERGY CONTRACTOR LEGAL MANAGEMENT REQUIREMENTS Legal Management Plan § 719.10 What information must be included in the legal management plan? The legal...

  18. 10 CFR 719.10 - Who must submit a Legal Management Plan?

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 10 Energy 4 2014-01-01 2014-01-01 false Who must submit a Legal Management Plan? 719.10 Section 719.10 Energy DEPARTMENT OF ENERGY CONTRACTOR LEGAL MANAGEMENT REQUIREMENTS Legal Management Plan, Staffing and Resource Plan and Annual Legal Budget § 719.10 Who must submit a Legal Management...

  19. 10 CFR 719.10 - What information must be included in the legal management plan?

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 10 Energy 4 2011-01-01 2011-01-01 false What information must be included in the legal management plan? 719.10 Section 719.10 Energy DEPARTMENT OF ENERGY CONTRACTOR LEGAL MANAGEMENT REQUIREMENTS Legal Management Plan § 719.10 What information must be included in the legal management plan? The legal...

  20. 10 CFR 719.10 - What information must be included in the legal management plan?

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 10 Energy 4 2010-01-01 2010-01-01 false What information must be included in the legal management plan? 719.10 Section 719.10 Energy DEPARTMENT OF ENERGY CONTRACTOR LEGAL MANAGEMENT REQUIREMENTS Legal Management Plan § 719.10 What information must be included in the legal management plan? The legal...

  1. 10 CFR 719.10 - What information must be included in the legal management plan?

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 10 Energy 4 2012-01-01 2012-01-01 false What information must be included in the legal management plan? 719.10 Section 719.10 Energy DEPARTMENT OF ENERGY CONTRACTOR LEGAL MANAGEMENT REQUIREMENTS Legal Management Plan § 719.10 What information must be included in the legal management plan? The legal...

  2. Consent--its medico legal aspects.

    PubMed

    Yadwad, B S; Gouda, H

    2005-10-01

    One of the duties of a doctor towards his patients is to obtain consent before any medical examination. Any such examination without prior consent amounts to an assault on the patient. Consent is defined under Indian Contract Act (because Doctor Patient relationship isa contract) as "two or more persons are said to consent when they agree to the same thing in the same sense." Consent may be implied, expressed or informed depending upon the circumstances. But the consent of the patient is not required in situations like medical emergency, for vaccination etc. If the patient is not medically or legally competent to give consent, the consent of the parents or guardians or any person present at the time with the patient can be taken. Any research on a potential subject, removal of organs for transplantation, publication of information obtained during medical examination also require consent of the concerned person.

  3. Legality of Non-Cooperative Satellite Removal

    NASA Astrophysics Data System (ADS)

    Li, Siqing

    2013-09-01

    Uncontrolled growth of non-functional satellites has imposed significant threats on the space environment. However, out of various concerns, not all States are willing to adopt measures to minimize the debris caused by their own space activities. This article analyzes whether the threatened States are entitled to the right to remove space debris of another State without prior consent. Firstly, the author examines who exercises jurisdiction over the non-functional satellites; then, by analyzing Article IX of the Outer Space Treaty and the IADC Space Debris Mitigation Guidelines, the author finds that there is a forthcoming debris removal obligation under international law; further, the author suggests two legal basis for the non-cooperative removal: Article IX of the Outer Space Treaty and the Precautionary Principle. In conclusion, it is neither justifiable nor efficient to absolutely prohibit the threatened States to remove non-functional satellites without prior consent.

  4. Legal aspects of E-HEALTH.

    PubMed

    Callens, Stefaan; Cierkens, Kim

    2008-01-01

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

  5. [Legal aspects of transplant and donation].

    PubMed

    Teijeira, R

    2006-01-01

    The Spanish model of organ and tissue donation enjoys great prestige in the world medical sphere and has been the object of study and imitation in different countries. Part of this success is due to the fact that since the year 1979 different legal norms have been enacted that have regulated and facilitated donation. The current legislation on the donation and transplant of organs and tissues is based on the principles of the gratuity and confidentiality of the donation, indicating the need for facilitating the formation of organisations at the level of the autonomous communities and at the national level. It also contains the requisites for donation of both live donors and deceased donors, establishing the norms for certification of death due to cardiorespiratory arrest and due to the irreversible cease of brain functions.

  6. The Courts, Public Health, and Legal Preparedness

    PubMed Central

    Stier, Daniel D.; Nicks, Diane; Cowan, Gregory J.

    2007-01-01

    The judicial branch’s key roles, as guardian of civil liberties and protector of the rule of law, can be acutely relevant during public health emergencies when courts may need to issue orders authorizing actions to protect public health or restraining public health actions that are determined to unduly interfere with civil rights. Legal preparedness for public health emergencies, therefore, necessitates an understanding of the court system and how courts are involved in public health issues. In this article we briefly describe the court system and then focus on what public health practitioners need to know about the judicial system in a public health emergency, including the courts’ roles and the consequent need to keep courts open during emergencies. PMID:17413084

  7. Legal implications of managed care arrangements.

    PubMed

    Knox, W A; Epstein, D M

    1994-09-01

    Prior to the 1980s, managed care was virtually nonexistent as a force in health care. Presently, 64 percent of employees in America are covered by managed care plans, including health maintenance organizations (20 percent) and preferred provider organizations (44 percent). In contrast, only 29 percent of employees were enrolled in managed care plans in 1988 and only 47 percent in 1991. To date, the primary reason for this incredible growth in managed care has been economic-market pressure to reduce health care costs. For the foreseeable future, political pressures are likely to fuel this growth, as managed care is at the center of President Clinton's national health care plan. Although there are numerous legal issues surrounding managed care, this article focuses primarily on antitrust implications when forming managed care entities. In addition, the corporate practice of medicine doctrine, certain tax issues, and the fraud and abuse laws are discussed.

  8. The living will: legal and ethical perspectives.

    PubMed

    Wold, J L

    1992-02-01

    Problems surrounding issues of dying and death are many. Health professionals, families and individuals all must cope with different aspects of these problems. The living will has been discussed as one way people can alleviate many of the problems associated with the decision to die with dignity. Nurses are in the perfect position to educate people concerning the benefits of having a living will. As patient advocate, it is imperative nurses be apprised of the laws in their states regarding living wills. By initiating a living will, individuals can make their wishes known to both family and the medical establishment. Increased public education concerning state living will legislation and concomitant rights under these laws is needed. Through education, many of the legal and ethical issues that arise from ignorance of the law may be avoided before they become problems.

  9. Standard of care: the legal view.

    PubMed

    Curley, Arthur W; Peltier, Bruce

    2014-01-01

    The standard of care is a legal construct, a line defined by juries, based on expert testimony, marking a point where treatment failed to meet expectations for what a reasonable professional would have done. There is no before-the-fact objective definition of this standard, except for cases of law and regulation, such as the Occupational Safety and Health Admintration (OSHA). Practitioners must use their judgment in determining what would be acceptable should a case come to trial. Professional codes of conduct and acting in the patient's best interests are helpful guides to practicing within the standard of care. Continuing education credit is available for this and the following article together online at www.dentalethics.org for those who wish to complete the quiz and exercises associated with them (see Course 22).

  10. Space debris, remarks on current legal issues

    NASA Astrophysics Data System (ADS)

    Kerrest, Armel

    2001-10-01

    A legal definition of space debris must take into consideration its consequences on the legal status of the object. For the purpose of mitigation of space debris at the time of the launch, any object launched in outer pace will turn sooner or later into a space debris. For liability purposes, a definition of a "space object " is more useful that the notion of "space debris". It must be sure that every space debris is considered as a space objet according to the liability convention. At the end and certainly a more difficult issue is the qualification of a space object as a space debris when it will be technically feasible to remove it. The question of the property of the debris or object should be important. States are responsible and liable for space debris. According to article VI and VII of the Outer Space Treaty, they must authorise and control any national space activity and make sure these activities will not be conducted against the law. In the case of an accident and excepting the use of nuclear power sources, the main problem lies on damage in outer space to other spacecraft. In that case, the victim must prove a fault. According with the lack of precise rules it should be difficult. It should be necessary to precise the law applicable to space debris. At the domestic level, rules must be taken to prevent space debris through an assessment of risk within the licensing process. At the international level, the principle of an obligation to mitigate debris should be clearly accepted. Some general rules should be useful to avoid breach of competition between commercial actors. The adoption of a clear and precise code of conduct should be of great help because it would determine the good launching States' behaviour and greatly helps the judge appreciating the proof of a fault in case of an accident.

  11. "Legal Problem Question Answer Genre" across Jurisdictions and Cultures

    ERIC Educational Resources Information Center

    Tessuto, Girolamo

    2011-01-01

    This paper seeks to analyse discourse patterns of legal opinions in two languages and cultures--namely, Legal Problem Question Answers (LPQs) in the UK academic writing context and Pareri (Ps) in the Italian professional writing context. The qualitative and quantitative analysis of discourse in this paper, based on the tenets of genre analysis,…

  12. 15 CFR 241.2 - Legal standard barrels.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ..., VEGETABLES AND OTHER DRY COMMODITIES, AND FOR CRANBERRIES § 241.2 Legal standard barrels. (a) Any barrel..., other than cranberries, in section 1 of the standard-barrel law, or any barrel or a subdivision thereof... than cranberries, or a legal subdivision thereof. No other barrel or subdivision in barrel form is...

  13. 15 CFR 241.2 - Legal standard barrels.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ..., VEGETABLES AND OTHER DRY COMMODITIES, AND FOR CRANBERRIES § 241.2 Legal standard barrels. (a) Any barrel..., other than cranberries, in section 1 of the standard-barrel law, or any barrel or a subdivision thereof... than cranberries, or a legal subdivision thereof. No other barrel or subdivision in barrel form is...

  14. 15 CFR 241.2 - Legal standard barrels.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ..., VEGETABLES AND OTHER DRY COMMODITIES, AND FOR CRANBERRIES § 241.2 Legal standard barrels. (a) Any barrel..., other than cranberries, in section 1 of the standard-barrel law, or any barrel or a subdivision thereof... than cranberries, or a legal subdivision thereof. No other barrel or subdivision in barrel form is...

  15. 15 CFR 241.2 - Legal standard barrels.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ..., VEGETABLES AND OTHER DRY COMMODITIES, AND FOR CRANBERRIES § 241.2 Legal standard barrels. (a) Any barrel..., other than cranberries, in section 1 of the standard-barrel law, or any barrel or a subdivision thereof... than cranberries, or a legal subdivision thereof. No other barrel or subdivision in barrel form is...

  16. 15 CFR 241.2 - Legal standard barrels.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ..., VEGETABLES AND OTHER DRY COMMODITIES, AND FOR CRANBERRIES § 241.2 Legal standard barrels. (a) Any barrel..., other than cranberries, in section 1 of the standard-barrel law, or any barrel or a subdivision thereof... than cranberries, or a legal subdivision thereof. No other barrel or subdivision in barrel form is...

  17. 78 FR 57619 - Legal Services Trade Mission to China

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-09-19

    ... From the Federal Register Online via the Government Publishing Office DEPARTMENT OF COMMERCE International Trade Administration Legal Services Trade Mission to China AGENCY: International Trade... FR 20893, April 8, 2013, regarding the Executive-Led Legal Services Trade Mission to China...

  18. Serving the Newly Legalized: Their Characteristics and Current Needs.

    ERIC Educational Resources Information Center

    Martin, Susan Forbes; And Others

    The Immigration Reform and Control Act of 1986 (IRCA) provides for the legalization of undocumented aliens through several programs. IRCA established the State Legalization Impact Assistance Grants (SLIAG) "to alleviate the financial impact on States and local governments that may result from the adjustment of immigrant status" through…

  19. Thinking Like a Lawyer, Thinking Like a Legal System

    ERIC Educational Resources Information Center

    Stuart, Richard Clay

    2013-01-01

    The legal system is the product of lawyers. Lawyers are the product of a specific educational system. Therefore, to understand the legal system, we must first explore how lawyers are trained and conditioned to think. What does it mean to "Think Like a Lawyer?'' This dissertation makes use of autoethnography to explore the experience…

  20. Bricks without Straw: The Sorry State of American Legal Education

    ERIC Educational Resources Information Center

    Rounds, Charles E., Jr.

    2011-01-01

    While many law students and recent grads have come to feel that legal education is an expensive waste of time now that the job market for lawyers has collapsed, some seasoned law practitioners have their own concerns about the worth of a legal education. Their concerns, however, relate to product quality rather than product marketability.…

  1. Lawyers for Texas. A study of Legal Education in Texas.

    ERIC Educational Resources Information Center

    Texas Coll. and Univ. System, Austin. Coordinating Board.

    In response to requests from Texas institutions of higher education to establish additional legal education programs, the Coordinating Board, Texas College and University System in October 1972, appointed two groups to undertake a cooperative study to assist in determining whether or not additional opportunities for legal education were needed in…

  2. Effective Communication in Legal and Public Policy Hearings

    NASA Astrophysics Data System (ADS)

    Hilbert, Jim; Sonsteng, John; Thorstad, Linda

    2014-04-01

    Scientists play a special role in legal debates and public policy decisions. The challenge for scientists who serve as expert witnesses is to communicate effectively in various legal forums, including litigation and legislative hearings. Expert witnesses must not advocate for one side or the other but must be able to convey the meaning as well as the quality and accuracy of their work.

  3. 40 CFR 49.11043 - Legal authority. [Reserved

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 40 Protection of Environment 1 2011-07-01 2011-07-01 false Legal authority. 49.11043 Section 49.11043 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY GRANTS AND OTHER FEDERAL ASSISTANCE... Implementation Plan for the Upper Skagit Indian Tribe of Washington § 49.11043 Legal authority....

  4. 40 CFR 49.11043 - Legal authority. [Reserved

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 40 Protection of Environment 1 2010-07-01 2010-07-01 false Legal authority. 49.11043 Section 49.11043 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY GRANTS AND OTHER FEDERAL ASSISTANCE... Skagit Indian Tribe of Washington § 49.11043 Legal authority....

  5. 40 CFR 49.11043 - Legal authority. [Reserved

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 40 Protection of Environment 1 2013-07-01 2013-07-01 false Legal authority. 49.11043 Section 49.11043 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY GRANTS AND OTHER FEDERAL ASSISTANCE... Implementation Plan for the Upper Skagit Indian Tribe of Washington § 49.11043 Legal authority....

  6. 40 CFR 49.11043 - Legal authority. [Reserved

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 40 Protection of Environment 1 2014-07-01 2014-07-01 false Legal authority. 49.11043 Section 49.11043 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY GRANTS AND OTHER FEDERAL ASSISTANCE... Implementation Plan for the Upper Skagit Indian Tribe of Washington § 49.11043 Legal authority....

  7. 40 CFR 49.11043 - Legal authority. [Reserved

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 40 Protection of Environment 1 2012-07-01 2012-07-01 false Legal authority. 49.11043 Section 49.11043 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY GRANTS AND OTHER FEDERAL ASSISTANCE... Implementation Plan for the Upper Skagit Indian Tribe of Washington § 49.11043 Legal authority....

  8. 20 CFR 638.534 - Legal services to students.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 20 Employees' Benefits 3 2011-04-01 2011-04-01 false Legal services to students. 638.534 Section... students. (a) The Job Corps Director shall develop procedures to afford students effective and competent legal representation in criminal and certain civil cases. This shall include assisting students...

  9. 20 CFR 638.534 - Legal services to students.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 20 Employees' Benefits 3 2012-04-01 2012-04-01 false Legal services to students. 638.534 Section... students. (a) The Job Corps Director shall develop procedures to afford students effective and competent legal representation in criminal and certain civil cases. This shall include assisting students...

  10. 20 CFR 638.534 - Legal services to students.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false Legal services to students. 638.534 Section... students. (a) The Job Corps Director shall develop procedures to afford students effective and competent legal representation in criminal and certain civil cases. This shall include assisting students...

  11. An Overview of Legal Issues in Recreational Sports.

    ERIC Educational Resources Information Center

    Schultz, John H.

    1989-01-01

    Legal issues which intramural and recreational sports professionals should understand are discussed. These professionals need continuing education, and legal issues should be part of professional development programs in recreational sports, emphasizing programing (civil liberties, civil rights, and criminal issues) and administration…

  12. Language Skill Definition: A Study of Legalized Aliens.

    ERIC Educational Resources Information Center

    Chiswick, Barry R.; Miller, Paul W.

    1998-01-01

    Analyzes measures of language skills of legalized aliens using data from the Legalized Population Survey (LPS) of aliens who received amnesty under the 1986 Immigration Reform and Control Act. Includes self-assessed overall speaking skills, speaking and reading in specific situations, and perceptions of the impact of language skills on job…

  13. The Legal Framework for Establishing Private Universities in Swaziland

    ERIC Educational Resources Information Center

    Mbanze, C. V.; Coetzee, S. A.

    2014-01-01

    This article draws on a doctoral study which investigated the legal and management frameworks required for establishing private universities in Swaziland. The focus is particularly on the legal framework for establishing the Southern Africa Nazarene University (SANU). Managers involved in establishing SANU encountered a lack of both specific…

  14. Fumbling toward a Critical Legal Pedagogy and Practice

    ERIC Educational Resources Information Center

    Matambanadzo, Saru

    2006-01-01

    This article argues that the culture and practice of legal education in the United States functions to dehumanize law students and potentially produce one-dimensional lawyers in the service of corporate interests and the capitalist status quo. These lawyers are trained to serve not only as the guardians of legal rights, social entitlements and…

  15. Health and Legal Services in a Disadvantaged Community

    ERIC Educational Resources Information Center

    Challenor, Bernard; Onyeani, Loretta

    1973-01-01

    Discusses the role legal services play in public health care delivery in disadvantaged communities in relation to such socio-medical problems as lead poisoning, child abuse, involuntary mental commitment, and housing code violations. Recommends a legal advocacy program to ensure adequate public health care. (Author/SF)

  16. Legal Education for Sustainability: A Report on US Progress

    ERIC Educational Resources Information Center

    Dernbach, John C.

    2011-01-01

    This article is an overview of sustainability efforts in US law schools. It describes two sets of drivers for these efforts--inside and outside the legal profession. Drivers from within the legal profession include the American Bar Association as well as several state and local bar associations; law firms and other law organisations; and current…

  17. 22 CFR 92.11 - Preparation of legal documents.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Preparation of legal documents. 92.11 Section... General Notarial Procedures § 92.11 Preparation of legal documents. (a) By attorneys. When a document has... provisions in § 92.24 regarding the preparation of affidavits.) When asked to perform such a service,...

  18. 22 CFR 92.11 - Preparation of legal documents.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 22 Foreign Relations 1 2013-04-01 2013-04-01 false Preparation of legal documents. 92.11 Section... General Notarial Procedures § 92.11 Preparation of legal documents. (a) By attorneys. When a document has... provisions in § 92.24 regarding the preparation of affidavits.) When asked to perform such a service,...

  19. 22 CFR 92.11 - Preparation of legal documents.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 22 Foreign Relations 1 2011-04-01 2011-04-01 false Preparation of legal documents. 92.11 Section... General Notarial Procedures § 92.11 Preparation of legal documents. (a) By attorneys. When a document has... provisions in § 92.24 regarding the preparation of affidavits.) When asked to perform such a service,...

  20. 22 CFR 92.11 - Preparation of legal documents.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 22 Foreign Relations 1 2014-04-01 2014-04-01 false Preparation of legal documents. 92.11 Section... General Notarial Procedures § 92.11 Preparation of legal documents. (a) By attorneys. When a document has... provisions in § 92.24 regarding the preparation of affidavits.) When asked to perform such a service,...

  1. 22 CFR 92.11 - Preparation of legal documents.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 22 Foreign Relations 1 2012-04-01 2012-04-01 false Preparation of legal documents. 92.11 Section... General Notarial Procedures § 92.11 Preparation of legal documents. (a) By attorneys. When a document has... provisions in § 92.24 regarding the preparation of affidavits.) When asked to perform such a service,...

  2. 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.).

  3. Lessons in Conflict: Legal Education Materials for Secondary Schools.

    ERIC Educational Resources Information Center

    Gibson, William M.

    This guide includes 18 units, special teaching instructions, a brief history of legal assistance, a multimedia resource guide, and a list of democratic principles which are stressed repeatedly in the units. The units employ the case approach to illustrate legal issues for class problem solving. Facts, issues and laws are chosen on the basis of…

  4. Race and School Vouchers: Legal, Historical, and Political Contexts

    ERIC Educational Resources Information Center

    Gooden, Mark A.; Jabbar, Huriya; Torres, Mario S., Jr.

    2016-01-01

    This article investigates legal and political issues as they relate to school vouchers serving students of color. Specifically, we draw on the empirical, historical, and legal research to examine whether school vouchers will create a more equitable system of education for poor students of color. First, we present a history of vouchers, including…

  5. Diversity and Affirmative Action: Evolving Principles and Continuing Legal Battles.

    ERIC Educational Resources Information Center

    Palmer, Scott R.

    This chapter reviews the legal standards governing affirmative action in higher education, examining the diversity rationale and contrasting the cases of Hopwood v. Texas and Wittmer v. Peters, which were decided in 1996. It discusses: the legal standard governing affirmative action in higher education; the remedial interest in overcoming the…

  6. The American Legal System: A Field Study Approach.

    ERIC Educational Resources Information Center

    Milwaukee Public Schools, WI. Div. of Curriculum and Instruction.

    The document presents an outline for a high school legal education program which emphasizes field experiences. The program is called the American Legal System Satellite Center, and is designed to provide students with experiential knowledge of the functions, procedures, and facets of law; to expose them to a wide range of law-related career…

  7. Limited License Legal Technician. Washington's Community and Technical Colleges

    ERIC Educational Resources Information Center

    Washington State Board for Community and Technical Colleges, 2014

    2014-01-01

    A landmark state Supreme Court rule that promises to create new jobs and expand public access to legal help is coming to life at Washington's community and technical colleges. Four colleges--Highline, Edmonds, Tacoma, and Spokane--started training students to become "Limited License Legal Technicians" (LLLTs) in 2014. The state Supreme…

  8. Measuring Legal Research Skills on a Bar Examination.

    ERIC Educational Resources Information Center

    Klein, Stephen P.

    Based on the importance for newly licensed attorneys to conduct legal research, this study assessed the relationship between bar exam scores and scores on a test designed to measure certain important legal research skills. It also investigated whether differences in performance level among racial groups on the Research Test paralleled differences…

  9. Using Metal Detectors in the Public Schools: Some Legal Issues.

    ERIC Educational Resources Information Center

    Bjorklun, Eugene C.

    1996-01-01

    Examines two legal issues related to the use of metal detectors in public schools: their legality under the Fourth Amendment and the potential liability of schools who fail to use them to keep weapons out of their buildings. (91 footnotes) (MLF)

  10. 42 CFR 35.12 - Solicitation of legal business prohibited.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 42 Public Health 1 2013-10-01 2013-10-01 false Solicitation of legal business prohibited. 35.12 Section 35.12 Public Health PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES MEDICAL CARE AND EXAMINATIONS HOSPITAL AND STATION MANAGEMENT General § 35.12 Solicitation of legal...

  11. 42 CFR 35.12 - Solicitation of legal business prohibited.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... 42 Public Health 1 2012-10-01 2012-10-01 false Solicitation of legal business prohibited. 35.12 Section 35.12 Public Health PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES MEDICAL CARE AND EXAMINATIONS HOSPITAL AND STATION MANAGEMENT General § 35.12 Solicitation of legal...

  12. 42 CFR 35.12 - Solicitation of legal business prohibited.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... 42 Public Health 1 2014-10-01 2014-10-01 false Solicitation of legal business prohibited. 35.12 Section 35.12 Public Health PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES MEDICAL CARE AND EXAMINATIONS HOSPITAL AND STATION MANAGEMENT General § 35.12 Solicitation of legal...

  13. College Teaching and Teachers: Legal Implications of Academic Affairs.

    ERIC Educational Resources Information Center

    Diener, Thomas J., Ed.

    This document presents the proceedings of a conference at the University of Alabama designed to examine the legal implications of academic affairs. Papers cover women's rights in academe, and some extra-legal concerns, the outlook for faculty bargaining, an industrial relations approach to faculty collective bargaining, and the courts and academic…

  14. 17 CFR 39.27 - Legal risk considerations.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... by the appropriate foreign licensing authority. (b) Legal framework. A derivatives clearing organization shall operate pursuant to a well-founded, transparent, and enforceable legal framework that... framework shall provide for: (1) The derivatives clearing organization to act as a counterparty,...

  15. 17 CFR 39.27 - Legal risk considerations.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... by the appropriate foreign licensing authority. (b) Legal framework. A derivatives clearing organization shall operate pursuant to a well-founded, transparent, and enforceable legal framework that... framework shall provide for: (1) The derivatives clearing organization to act as a counterparty,...

  16. Public Relations vs. Legal Strategies in Organizational Crisis Decisions.

    ERIC Educational Resources Information Center

    Fitzpatrick, Kathy R.; Rubin, Maureen Shubow

    1995-01-01

    Finds that in almost two-thirds of the cases studied, in which organizations responded to public charges of sexual harassment, legal strategy--rather than public relations strategy--was used by official spokespersons. Argues that organizations need to reconcile the often contradictory counsel of public relations and legal professionals. (SR)

  17. On the Legal Issues of Teaching Evolution in Public Schools

    ERIC Educational Resources Information Center

    Hermann, Ronald S.

    2013-01-01

    In order to effectively teach evolution to all students, even those resistant to learning evolution, science teachers may question the extent to which religion can legally be discussed in the public high school science classroom. Evolution is taught from a variety of approaches, each of which has legal implications. Four approaches to teaching…

  18. 78 FR 25795 - Contractor Legal Management Requirements; Acquisition Regulations

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-05-03

    ... commonplace among businesses. The Legal Management Plan assists Department Counsel in understanding the... developing an understanding of the contractor's internal legal resources. Although not determinative on its... budget developed in paragraph (c) of the section, but that the particularized budget requirement for...

  19. 45 CFR 1624.5 - Accessibility of legal services.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... changes in existing facilities when other methods are effective in achieving compliance. In choosing among available methods for meeting the requirements of this paragraph, a legal services program shall give priority to those methods that offer legal services to persons with disabilities in the most...

  20. 45 CFR 1624.5 - Accessibility of legal services.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... changes in existing facilities when other methods are effective in achieving compliance. In choosing among available methods for meeting the requirements of this paragraph, a legal services program shall give priority to those methods that offer legal services to persons with disabilities in the most...

  1. 5 CFR 1604.9 - Court orders and legal processes.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Court orders and legal processes. 1604.9 Section 1604.9 Administrative Personnel FEDERAL RETIREMENT THRIFT INVESTMENT BOARD UNIFORMED SERVICES ACCOUNTS § 1604.9 Court orders and legal processes. A TSP account can be divided in an action for...

  2. Second-generation legal issues in integrated delivery systems.

    PubMed

    Teske, J M

    1995-01-01

    The formation and operation of integrated healthcare delivery systems raise significant legal issues. Some of these issues, such as antitrust, tax-exempt status, and fraud and abuse, have been discussed extensively. However, other legal issues, such as those involving management of business risk, use of systemwide information management, and securing of tax-exempt financing, have not received much attention.

  3. 38 CFR 1.490 - Legal effect of order.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 1 2014-07-01 2014-07-01 false Legal effect of order. 1... PROVISIONS Court Orders Authorizing Disclosures and Use § 1.490 Legal effect of order. The records to which... court of competent jurisdiction granted after application showing good cause therefore. In...

  4. 38 CFR 1.490 - Legal effect of order.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 1 2013-07-01 2013-07-01 false Legal effect of order. 1... PROVISIONS Court Orders Authorizing Disclosures and Use § 1.490 Legal effect of order. The records to which... court of competent jurisdiction granted after application showing good cause therefore. In...

  5. 38 CFR 1.490 - Legal effect of order.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 1 2010-07-01 2010-07-01 false Legal effect of order. 1... PROVISIONS Court Orders Authorizing Disclosures and Use § 1.490 Legal effect of order. The records to which... court of competent jurisdiction granted after application showing good cause therefore. In...

  6. 38 CFR 1.490 - Legal effect of order.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 1 2011-07-01 2011-07-01 false Legal effect of order. 1... PROVISIONS Court Orders Authorizing Disclosures and Use § 1.490 Legal effect of order. The records to which... court of competent jurisdiction granted after application showing good cause therefore. In...

  7. Termination of Parental Rights: The Legal Aspects. A Training Manual.

    ERIC Educational Resources Information Center

    Kopecky, Frank J.; Wilkin, Rebecca S.

    Lesson plans, teaching materials, visual aids, and handouts for use in a workshop for child welfare workers on termination of parental rights are provided in this manual. The curriculum is designed to increase understanding of the legal system; knowledge of law, legal procedures, terms and concepts; and decision-making skills and skills needed for…

  8. 28 CFR 551.117 - Access to legal resources.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 28 Judicial Administration 2 2012-07-01 2012-07-01 false Access to legal resources. 551.117... MISCELLANEOUS Pretrial Inmates § 551.117 Access to legal resources. (a) The Warden shall provide the opportunity... the inmate's request, to telephone the inmate's attorney as often as resources of the...

  9. 28 CFR 551.117 - Access to legal resources.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 28 Judicial Administration 2 2011-07-01 2011-07-01 false Access to legal resources. 551.117... MISCELLANEOUS Pretrial Inmates § 551.117 Access to legal resources. (a) The Warden shall provide the opportunity... the inmate's request, to telephone the inmate's attorney as often as resources of the...

  10. 28 CFR 551.117 - Access to legal resources.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Access to legal resources. 551.117... MISCELLANEOUS Pretrial Inmates § 551.117 Access to legal resources. (a) The Warden shall provide the opportunity... the inmate's request, to telephone the inmate's attorney as often as resources of the...

  11. 28 CFR 551.117 - Access to legal resources.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 28 Judicial Administration 2 2014-07-01 2014-07-01 false Access to legal resources. 551.117... MISCELLANEOUS Pretrial Inmates § 551.117 Access to legal resources. (a) The Warden shall provide the opportunity... the inmate's request, to telephone the inmate's attorney as often as resources of the...

  12. 28 CFR 551.117 - Access to legal resources.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 28 Judicial Administration 2 2013-07-01 2013-07-01 false Access to legal resources. 551.117... MISCELLANEOUS Pretrial Inmates § 551.117 Access to legal resources. (a) The Warden shall provide the opportunity... the inmate's request, to telephone the inmate's attorney as often as resources of the...

  13. On Being 18: Your Legal Rights and Responsibilities.

    ERIC Educational Resources Information Center

    McFarlane, David E.

    The purpose of this booklet is to inform young people of their rights when they become 18 and to help them recognize and avoid possible legal problems. Although written specifically for young people in Wisconsin, the booklet can be used by youths in any part of the United States. A summary of legal principles in effect at the time of publication…

  14. Computer Access: Selected Legal Issues Affecting Higher Education.

    ERIC Educational Resources Information Center

    Sermersheim, Michael D.

    This pamphlet analyzes some of the legal issues colleges and universities face in regard to faculty and student access to computers and the World Wide Web, evaluates current legal developments, and offers guidelines for developing policies for computer access. It examines sample acceptable-use standards, procedures for suspending or terminating a…

  15. 25 CFR 115.102 - Adults under legal disability.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 25 Indians 1 2014-04-01 2014-04-01 false Adults under legal disability. 115.102 Section 115.102 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR FINANCIAL ACTIVITIES TRUST FUNDS FOR TRIBES AND INDIVIDUAL INDIANS IIM Accounts § 115.102 Adults under legal disability. The funds of an adult...

  16. 25 CFR 115.102 - Adults under legal disability.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 25 Indians 1 2011-04-01 2011-04-01 false Adults under legal disability. 115.102 Section 115.102 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR FINANCIAL ACTIVITIES TRUST FUNDS FOR TRIBES AND INDIVIDUAL INDIANS IIM Accounts § 115.102 Adults under legal disability. The funds of an adult...

  17. 25 CFR 115.102 - Adults under legal disability.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 25 Indians 1 2012-04-01 2011-04-01 true Adults under legal disability. 115.102 Section 115.102 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR FINANCIAL ACTIVITIES TRUST FUNDS FOR TRIBES AND INDIVIDUAL INDIANS IIM Accounts § 115.102 Adults under legal disability. The funds of an adult...

  18. 25 CFR 115.102 - Adults under legal disability.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 25 Indians 1 2013-04-01 2013-04-01 false Adults under legal disability. 115.102 Section 115.102 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR FINANCIAL ACTIVITIES TRUST FUNDS FOR TRIBES AND INDIVIDUAL INDIANS IIM Accounts § 115.102 Adults under legal disability. The funds of an adult...

  19. Bridging the Gap between Communication Education and Legal Education.

    ERIC Educational Resources Information Center

    Matlon, Ronald J.

    A rationale for developing courses and programs at the undergraduate level, in law school, and in continuing legal education that will serve to raise the communication level of the legal profession is proposed. The rationale is presented around five themes: (1) the relationship between communication and law from antiquity to the establishment of…

  20. Legal Aspects of Accessibility in Higher Education and the ADA

    ERIC Educational Resources Information Center

    Burke, Kenneth M.

    2006-01-01

    In providing needed services to individuals that claim a disability and meeting legal standards, issues linger in grey areas for institutions of higher education in the United States. While postsecondary schools are legally obligated to provide mobility access for physical disabilities, given the questions over defining disability, service…

  1. 48 CFR 13.004 - Legal effect of quotations.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 48 Federal Acquisition Regulations System 1 2013-10-01 2013-10-01 false Legal effect of quotations. 13.004 Section 13.004 Federal Acquisition Regulations System FEDERAL ACQUISITION REGULATION CONTRACTING METHODS AND CONTRACT TYPES SIMPLIFIED ACQUISITION PROCEDURES 13.004 Legal effect of quotations....

  2. Affirmative Action in Medical Education: A Legal Perspective.

    ERIC Educational Resources Information Center

    Helms, Lelia B.; Helms, Charles M.

    1998-01-01

    Describes history of legal theory behind affirmative action, with examples from case law and Department of Education regulations, identifying legal pitfalls in admissions and financial aid, including categorization of students by race, racially disproportionate financial aid awards after accounting for need, racially disproportionate scholarship…

  3. Legal Status and Wage Disparities for Mexican Immigrants

    ERIC Educational Resources Information Center

    Hall, Matthew; Greenman, Emily; Farkas, George

    2010-01-01

    This article employs a unique method of inferring the legal status of Mexican immigrants in the Survey of Income and Program Participation to offer new evidence of the role of legal authorization in the United States on workers' wages. We estimate wage trajectories for four groups: documented Mexican immigrants, undocumented Mexican immigrants,…

  4. 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... section and in part 540 of this chapter. (c) An attorney or law school professor shall supervise...

  5. Legal Secretary--Teacher's Guide. Competency Based Education Curriculum Guide.

    ERIC Educational Resources Information Center

    Long, Diana

    This instructor's guide is designed to be used as a reference and as an aid in implementing the companion volume, a competency based curriculum guide to train legal secretaries (legal stenographers, court reporters, or law reporters). Introductory sections describe briefly the methods of identification and validation of job titles and competencies…

  6. A Transformative Approach to Work Integrated Learning in Legal Education

    ERIC Educational Resources Information Center

    Babacan, Alperhan; Babacan, Hurriyet

    2015-01-01

    Purpose: The purpose of this paper is to discuss the current context, scope and problems in the provision of work-integrated learning (WIL) in legal education and how the adoption transformative pedagogies in WIL which is offered in legal education can foster personal and social transformation in addition to enhancing lawyering skills. The paper…

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

    ERIC Educational Resources Information Center

    Deming, Caren J.

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

  8. An Undergraduate Course in Legal Aspects of Geology.

    ERIC Educational Resources Information Center

    Tank, Ronald W.

    1984-01-01

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

  9. Access to Legal Anthropology: An Approach to Teaching Older Adults.

    ERIC Educational Resources Information Center

    Nicholson, M.E.R.

    1981-01-01

    This description of two courses of college level Legal Anthropology for senior citizens in continuing education shows how students with widely varying backgrounds examined legal dilemmas within their international cultural contexts using mystery stories and other fiction. The need for innovative teaching methods for adult learners is stressed. (AM)

  10. Assessing the criminal responsibility of individuals with multiple personality disorder: legal cases, legal theory.

    PubMed

    Behnke, S H

    1997-01-01

    This article discusses the criminal responsibility of individuals diagnosed with multiple personality disorder (MPD). First, it reviews how courts understand and assess criminal responsibility. Second, it gives an overview of how courts have applied the doctrine of criminal responsibility to individuals with MPD. Third, it explains what legal theorists say about this question. Finally, it uses a case example to illustrate how various theorists would assess the responsibility of a criminal defendant with MPD.

  11. Expressed sexual assault legal context and victim culpability attributions.

    PubMed

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

    2012-04-01

    Legal scholars have argued that laws have an expressive function, specifically that sexual assault laws may convey social-level messages that victims are culpable for crimes against them. In a university sample, we conducted the first experimental test of legal scholars' proposal, hypothesizing that legal messages-specifically their clarity and effectiveness in conveying that sexual assault is a crime-affect victim culpability attributions. Results demonstrated that greater culpability was attributed to a victim of sexual assault within a context expressing unclear and ineffective sexual assault law than within a context clearly and effectively expressing that sexual assault is a crime. We also garnered empirical support for a mediation model, that is, negative affective reactions to a victim statistically accounted for the relationship between expressed legal context and victim culpability attributions. Implications for future psycholegal research and potential legal reforms are discussed.

  12. "Legal highs" - new players in the old drama.

    PubMed

    Zawilska, Jolanta B

    2011-06-01

    Recently, a new class of "designer drugs" has emerged on the drug use market, known as "legal highs" or "herbal highs". They include a wide range of products, from natural plant-originated substances to synthetic compounds, that can be purchased both online and from high street retailers. "Legal highs" mimic psychoactive effects of illicit drugs of abuse. However, they are claimed to consist of compounds that are legal to sell, possess and use. Based on the spectrum of their actions on the cognitive processes, mood, and behavior "legal highs" can be classified into three basic categories: amphetamine- and ecstasy-like psychostimulants, hallucinogens, and synthetic cannabinoids ("spice"). This review surveys the current state of knowledge regarding the pharmacological properties of "legal highs". It also addresses the negative consequences of using these products.

  13. [The legal basis of organ transplantation (author's transl)].

    PubMed

    Pribilla, O

    1976-10-27

    Report on the legal basis of organ transplantation in Belgium, France, Italy, Luxembourg, the Netherlands, Great Britain, Sweden, Denmark, Norway, Iceland and Finland. Reference is made to the legal uncertainty in the Federal Republic of Western Germany. The Federation probably has no legislative competence for an adequate transplantation law. Amendments of the xi 168 StGB suggested by individual Federal States are discussed. The synopsis of the existing legal rules in the above mentioned countries suggests the proposal of general legal principles which should guarantee 1. the best medical care in transplantation medicine especially in renal explantates 2. a legal protection for the physician 3. a protection for personal rights of the donor. The author feels that the rights of those persons who provide for the corpses should be superceded by these considerations.

  14. Legal Cynicism and Parental Appraisals of Adolescent Violence

    PubMed Central

    Soller, Brian; Jackson, Aubrey L.; Browning, Christopher R.

    2014-01-01

    Research suggests that legal cynicism—a cultural frame in which the law is viewed as illegitimate and ineffective—encourages violence to maintain personal safety when legal recourse is unreliable. But no study has tested the impact of legal cynicism on appraisals of violence. Drawing from symbolic interaction theory and cultural sociology, we tested whether neighbourhood legal cynicism alters the extent to which parents appraise their children’s violence as indicative of aggressive or impulsive temperaments using data from the Project on Human Development in Chicago Neighborhoods. We find that legal cynicism attenuates the positive association between adolescent violence and parental assessments of aggression and impulsivity. Our study advances the understanding of micro-level processes through which prevailing cultural frames in the neighbourhood shape violence appraisals. PMID:24932013

  15. 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.

  16. The Legal Implications of Report Back in Household Exposure Studies

    PubMed Central

    Goho, Shaun A.

    2016-01-01

    Background: Scientists conducting research into household air or dust pollution must decide whether, when, and how to disclose to study participants their individual results. A variety of considerations factor into this decision, but one factor that has not received attention until now is the possibility that study participants’ receipt of their results might create legal duties under environmental, property, landlord–tenant, or other laws. Objectives: This article examines relevant laws and regulations and explores the scope of participants’ legal duties and the resulting legal and ethical consequences for researchers. Participants could be required in some situations to disclose the presence of certain chemicals when selling or renting their homes or to frequent visitors. The article discusses hypothetical case studies involving the reporting back of results regarding lead, polychlorinated biphenyls, and phthalates. Discussion: The potential legal duties of study participants have both ethical and legal implications for researchers. Issues include whether the legal consequences for participants should affect the decision whether to report back individual results, how researchers should disclose the legal risks to participants during the informed consent process, and whether researchers would be liable to study participants for legal or economic harm arising from reporting study results to them. The review provides recommendations for language that researchers could use in the informed consent process to disclose the legal risks. Conclusions: Researchers should still report back to participants who want to see their results, but they should disclose the risks of obtaining the information as part of the informed consent process. Citation: Goho SA. 2016. The legal implications of report back in household exposure studies. Environ Health Perspect 124:1662–1670; http://dx.doi.org/10.1289/EHP187 PMID:27153111

  17. Medical-Legal Partnerships: Addressing Competency Needs Through Lawyers

    PubMed Central

    Paul, Edward; Fullerton, Danya Fortess; Cohen, Ellen; Lawton, Ellen; Ryan, Anne; Sandel, Megan

    2009-01-01

    Background Many low- and moderate-income individuals and families have at least one unmet legal need (for example, unsafe housing conditions, lack of access to food and/or income support, lack of access to health care), which, if left unaddressed, can have harmful consequences on health. Eighty unique medical-legal partnership programs, serving over 180 clinics and hospitals nationwide, seek to combine the strengths of medical and legal professionals to address patients' legal needs before they become crises. Each partnership is adapted to serve the specific needs of its own patient base. Intervention This article describes innovative, residency-based medical-legal partnership educational experiences in pediatrics, internal medicine, and family medicine at 3 different sites (Boston, Massachusetts; Newark, New Jersey; and Tucson, Arizona). This article addresses how these 3 programs have been designed to meet the Accreditation Council for Graduate Medical Education's 6 competencies, along with suggested methods for evaluating the effectiveness of these programs. Training is a core component of medical-legal partnership, and most medical-legal partnerships have developed curricula for resident education in a variety of formats, including noon conferences, grand rounds, poverty simulations and day-long special sessions. Discussion Medical-legal partnerships combine the skill sets of medical professionals and lawyers to teach social determinants of health by training residents and attending physicians to identify and help address unmet legal needs. Medical-legal partnership doctors and lawyers treat health disparities and improve patient health and well-being by ensuring that public programs, regulations, and laws created to benefit health and improve access to health care are implemented and enforced. PMID:21975996

  18. [[Selected legal aspects related to medical practice].

    PubMed

    Szewczyk, M

    1998-01-01

    The question of the physician's liability, both that of civil as well as penal law nature--is always emotionally approached. Dynamic development of medical and biological sciences as well as technics is the cause of progress but it also gives rise to the increase of hazards or abuses in medical therapy. If we speak of the therapeutic intervention being originally legal we mean that it is carried out in compliance with the principles of medical art. In such circumstances, even though the intervention resulted in negative effects, the intervening physician cannot be made penally liable. Civil law liability, in its turn, may have either ex contractu or ex delictu basis. When the general prerequisites of this kind of liability are present, the intervening physician (Art. 353 or 415 of Civil Code) or the State Treasury (Art. 417 of Civil Code) may be made liable for causing damage, joint and several liability of the physician and the Treasury being also possible (Art. 420 of Civil Code). The carrying out of therapeutic intervention without the law required consent of the patient may lead--on the basis of Polish law--to the physician's civil law liability for the infringement of the patient's personal interests even though the intervention ended in success (Articles 23 and 24 of Civil Code). From the point of view of Polish penal law such situation may cause the physician's penal liability for the offence against freedom (Art. 192 of Penal Code). The euthanatic homicide should be, and in Polish law, is an offence. Considering the potential abuses arising from making the euthanasia legal, penal law whose major function is that of the guarantee nature, must ensure safeguards vis-à-vis life to the utmost limit. Polish Legislator shows, however, full understanding of the extremely difficult and conflict-generating situation in which the individual committing euthanatic homicide may find himself. Hence, in section 2 of Art. 150 of Penal Code the Legislator declared that "in

  19. Marijuana Legalization: Impact on Physicians and Public Health

    PubMed Central

    Wilkinson, Samuel T.; Yarnell, Stephanie; Radhakrishnan, Rajiv; Ball, Samuel A.; D'Souza, Deepak Cyril

    2016-01-01

    Marijuana is becoming legal in an increasing number of states for both medical and recreational use. Considerable controversy exists regarding the public health impact of these changes. The evidence for the legitimate medical use of marijuana or cannabinoids is limited to a few indications, notably HIV/AIDS cachexia, nausea/vomiting related to chemotherapy, neuropathic pain, and spasticity in multiple sclerosis. Although cannabinoids show therapeutic promise in other areas, robust clinical evidence is still lacking. The relationship between legalization and prevalence is still unknown. Although states where marijuana use is legal have higher rates of use than nonlegal states, these higher rates were generally found even prior to legalization. As states continue to proceed with legalization for both medical and recreational use, certain public health issues have become increasingly relevant, including the effects of acute marijuana intoxication on driving abilities, unintentional ingestion of marijuana products by children, the relationship between marijuana and opioid use, and whether there will be an increase in health problems related to marijuana use, such as dependence/addiction, psychosis, and pulmonary disorders. In light of this rapidly shifting legal landscape, more research is urgently needed to better understand the impact of legalization on public health. PMID:26515984

  20. Legal perspectives on cross-border reproductive care.

    PubMed

    Crockin, Susan L

    2011-12-01

    Global cross-border reproductive care (CBRC), and the challenges accompanying it, are here to stay. A recent issue of this journal devoted to CBRC provides an extraordinary array of insights into multiple facets, with a focus on the legal dimensions of practices by restrictive countries such as Turkey and Italy. The articles identify restrictive laws that challenge and create vulnerabilities for both citizens and providers involved in CBRC, and call instead for more modest and nuanced legislation and the closing paper presents a thoughtful and ambitious outline for a future research agenda. This commentary reflects on the implications of these legal dimensions, including their applicability to countries with more permissive CBRC policies, discusses three specific examples of legal concerns that have arisen in the USA and identifies numerous legal issues meriting future study. Together with the nuanced, more modest legislation recommended for restrictive countries, consistent legal and judicial principles for CBRC in permissive countries would respect varying perspectives on family building while attempting to address a central legal concern of CBRC, the protection of families, third-parties and providers. Any future agenda should include research and recommendations on the legal dimensions of CBRC in both restrictive and permissive countries.

  1. Marijuana Legalization: Impact on Physicians and Public Health.

    PubMed

    Wilkinson, Samuel T; Yarnell, Stephanie; Radhakrishnan, Rajiv; Ball, Samuel A; D'Souza, Deepak Cyril

    2016-01-01

    Marijuana is becoming legal in an increasing number of states for both medical and recreational use. Considerable controversy exists regarding the public health impact of these changes. The evidence for the legitimate medical use of marijuana or cannabinoids is limited to a few indications, notably HIV/AIDS cachexia, nausea/vomiting related to chemotherapy, neuropathic pain, and spasticity in multiple sclerosis. Although cannabinoids show therapeutic promise in other areas, robust clinical evidence is still lacking. The relationship between legalization and prevalence is still unknown. Although states where marijuana use is legal have higher rates of use than nonlegal states, these higher rates were generally found even prior to legalization. As states continue to proceed with legalization for both medical and recreational use, certain public health issues have become increasingly relevant, including the effects of acute marijuana intoxication on driving abilities, unintentional ingestion of marijuana products by children, the relationship between marijuana and opioid use, and whether there will be an increase in health problems related to marijuana use, such as dependence/addiction, psychosis, and pulmonary disorders. In light of this rapidly shifting legal landscape, more research is urgently needed to better understand the impact of legalization on public health.

  2. Legal aspects of termination of employment.

    PubMed

    Greenberg, R B

    1984-10-01

    Legal issues involved in termination of employment are identified, and practical implications of these issues for employers and employees are discussed. There is no general protection against arbitrary dismissal from employment in the United States. Federal statutes restricting termination at will are listed; each state also may have laws protecting employees from arbitrary dismissal. Cases in which state courts have established exceptions to the termination-at-will general rule are described; these suits have been based upon breach of contract, tort, or "public policy" exceptions such as refusing to commit an unlawful act, performing a public obligation or upholding the law, and whistle-blowing. Considering the evolving limits on the termination-at-will general rule, practical advice for employers and employees regarding documentation of interviews, content of appointment letters, and recognition of employee rights is presented. While the termination-at-will general rule appears to be eroding, there does not seem to be a clear trend against which to draw any general conclusions. The cases indicate that courts will find some theory to redress outrageous conduct or clear violations of an employer's policies.

  3. Opposition to legal abortion: challenges and questions.

    PubMed

    Kissling, F

    1993-01-01

    An analysis of the Roman Catholic Church's arguments against abortion rights suggests that its opposition is grounded more in outmoded views regarding women's roles than in concern for protecting fetal life. The 1st argument raised by Catholics and other anti-abortion forces is that abortion represents the unjustifiable destruction of a human life. A 2nd argument focuses on the status of the fetus as a person from the moment of conception, making abortion murder. A 3rd equates the fetus's potential for personhood with the pregnant woman's actual personhood. Despite the vehement sentiments expressed by Catholic leaders against abortion, the majority of Catholics support legal abortion. The assignment of personhood status to the fetus is contraindicated by actual practice in the Church, where aborted or miscarried products of early pregnancy are not baptized. Also, the Church does not forbid the taking of human life in war or to preserve political freedom. Finally, in countries such as Poland where abortion has been made illegal through religious pressure, there have been drastic cuts in health care and child care programs.

  4. Prolonging life: legal, ethical, and social dilemmas.

    PubMed

    Paulson, Steve; Comfort, Christopher P; Lee, Barbara Coombs; Shemie, Sam; Solomon, Mildred Z

    2014-11-01

    The ability of modern medicine to prolong life has raised a variety of difficult legal, ethical, and social issues on which reasonable minds can differ. Among these are the morality of euthanasia in cases of deep coma or irreversible injury, as well as the Dead Donor Rule with respect to organ harvesting and transplants. As science continues to refine and develop lifesaving technologies, questions remain as to how much medical effort and financial resources should be expended to prolong the lives of patients suspended between life and death. At what point should death be considered irreversible? What criteria should be used to determine when to withhold or withdraw life-prolonging treatments in cases of severe brain damage and terminal illness? To explore these complex dilemmas, Steve Paulson, executive producer and host of To the Best of Our Knowledge, moderated a discussion panel. Pediatrician Sam Shemie, hospice medical director Christopher P. Comfort, bioethicist Mildred Z. Solomon, and attorney Barbara Coombs Lee examined the underlying assumptions and considerations that ultimately shape individual and societal decisions surrounding these issues. The following is an edited transcript of the discussion that occurred November 12, 2013, 7:00-8:30 PM, at the New York Academy of Sciences in New York City.

  5. Gas purchasing -- Business, legal, and contracting issues

    SciTech Connect

    Krathwohl, E.J.

    1998-07-01

    While the daily newspapers and radio are full of articles and advertisements concerning the impending opening up of the electric industry to customer choice of supplier, little attention is being given to choice in the natural gas markets. The fact is, however, that except for California and some scattered pilot programs, retail electric markets are not yet open and even the imminent deadlines for retail access may prove to be illusory. For example, Rhode Island retail electric markets, by law, were open to competition July 1, 1997 but a month later less than a handful of customers had chosen alternative suppliers. In contrast, customers everywhere are already able to choose their own gas supplier, other than the local gas utility that had supplied all customers for so many years. With this new freedom of choice comes not only a number of benefits, but also risks. This article seeks to provide customers some guidance in obtaining such benefits and avoiding the risks. Ultimately, that is accomplished through a careful selection process, best done by means of an RFP with expert assistance, and through a negotiated gas contract. Before addressing specific contracting issues one must understand the legal and regulatory framework which governs the transportation of the natural gas.

  6. Abortion laws into action: implementing legal reform.

    PubMed

    Gerhardt, A J

    1997-01-01

    The worldwide trend towards liberalizing abortion laws has resulted in reduced abortion-related mortality in areas where legal abortion is accessible. In countries considering abortion reform, policy-makers and health care providers have a responsibility to ensure that provisions of any new law can be met. Preparations underway to prepare for South Africa's new abortion law can serve as a guideline for such action. A new abortion law calls for policy changes that may include 1) developing new standards, protocols, and guidelines for abortion care services; 2) ensuring provision of adequate trained staff willing to provide abortions; 3) streamlining administrative regulations to avoid delays; 4) establishing regulations and mechanisms for drug and equipment supply and distribution; 5) restructuring the health system to accommodate provision of abortion services; 6) allocating funds for new abortion services; and 7) reviewing and revising security measures. In addition, health professionals will require training in abortion provision, staff will need information updates about aspects of the legislation, and administrators and providers in a position to impede provision of services must be made aware of the affect of unsafe abortion on maternal health. Researchers should document the effect of the new law on women's health, the provision of reproductive health services, and the community. IEC (information, education, communication) activities will be required to inform the public about the new law and services, establish sex education programs in schools and health facilities, and mobilize family planning organizations and programs to help reduce the incidence of repeat abortions.

  7. [Laparoscopic surgery: from clinic to legal medicine].

    PubMed

    Chisari, M G; Finocchiaro, A; Lo Menzo, E; Rosato, V; Basile, G

    2004-12-01

    The laparoscopic technique introduced a new way of operating but inevitably causing new problems for the surgeon. After a comprehensive review of the history and the evolution of laparoscopic surgery from its beginning, the technical aspects of minimally invasive surgery and its fields of application are described. The close dependence on instruments and technology is emphasized. A detailed analysis of the advantages and limitations of laparoscopy is made with emphasis on the importance of a risk-benefit evaluation by the health care provider. Of key importance is to obtain a detailed and clear informed consent. The medico legal aspects of intraoperative complications and the liability of the surgical team in case of patients' injury or death are examined. However, it is always necessary to consider if the potential complications are predictable and/or preventable in accordance to the parameters of negligence, imprudence and lack of knowledge. The same criteria have to be applied to assure compliance with the preventive sanitary rules and that the conversion to laparotomy has been promptly carried out.

  8. 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

  9. Legal liability of physicians in medical research.

    PubMed

    Sava, H; Matlow, P T; Sole, M J

    1994-04-01

    The intent of this paper is to provide an overview, in layperson's language, of the concepts in law which may be applicable to a physician who undertakes research. The paper is divided into 2 parts. Part I deals with liability issues and standards of care. It is meant to enable the physician/researcher to recognize a potential liability situation. Part II examines insurance and related issues such as the role of the Canadian Medical Protective Association (CMPA). The paper begins with a review of 2 potential categories of liability: criminal and civil tort. Next, legal issues surrounding the consent process, which form the majority of negligence claims, are dealt with. The research process is then discussed with emphasis on the Medical Research Council of Canada Guidelines on Human Experimentation. Part II covers how research projects are funded and identifies the parties from whom insurance coverage may be sought. Information is provided from the various sources offering insurance and quasi-insurance protection with special attention on the CMPA. Each source details the circumstances necessary for its particular coverage to be triggered. Other issues addressed include those arising when research is conducted outside Canada and multiple coverage.

  10. The Chemical Weapons Convention -- Legal issues

    SciTech Connect

    1997-08-01

    The Chemical Weapons Convention (CWC) offers a unique challenge to the US system of constitutional law. Its promise of eliminating what is the most purely genocidal type of weapon from the world`s arsenals as well as of destroying the facilities for producing these weapons, brings with it a set of novel legal issues. The reservations about the CWC expressed by US business people are rooted in concern about safeguarding confidential business information and protecting the constitutional right to privacy. The chief worry is that international verification inspectors will misuse their power to enter commercial property and that trade secrets or other private information will be compromised as a result. It has been charged that the Convention is probably unconstitutional. The author categorically disagrees with that view and is aware of no scholarly writing that supports it. The purpose of this presentation is to show that CWC verification activities can be implemented in the US consistently with the traditional constitutional regard for commercial and individual privacy. First, he very briefly reviews the types of verification inspections that the CWC permits, as well as some of its specific privacy protections. Second, he explains how the Fourth Amendment right to privacy works in the context of CWC verification inspections. Finally, he reviews how verification inspections can be integrated into these constitutional requirements in the SU through a federal implementing statute.

  11. HIV legal precedent useful for microbial forensics.

    PubMed

    Budowle, Bruce; Harmon, Rockne

    2005-08-01

    The field of microbial forensics was formalized because of the need for attribution in events where a bioweapon has been used. Microbial forensics has its origins in traditional forensics, microbiology, and epidemiology. Microbial forensics can be defined as a scientific discipline dedicated to analyzing evidence for attribution purposes from a bioterrorism act, biocrime, hoax, or inadvertent microorganism/toxin release. This is a very challenging task, since there are myriad microorganisms that can pose a threat, and analytical methods need to be used reliably. The Scientific Working Group on Microbial Genetics and Forensics (SWGMGF) has addressed some quality assurance and control issues, and particularly validation criteria (focusing on preliminary validation) due to the dynamic nature of evolving investigations. Unique identification of a microorganism may never be possible. Yet, qualitative and/or quantitative assessments of the evidence can be made. One approach to provide direction on gaps in the microbial forensics effort is to perform an end-to-end retrospective analysis of past cases. As an example, the case of a gastroenterologist who was accused of second degree attempted murder of his paramour using HIV as the weapon was reviewed. The scientific evaluation involves epidemiology, molecular biology, phylogenetics, and legal deliberations.

  12. The Legal Implications of Detecting Alzheimer's Disease Earlier.

    PubMed

    Preston, Joshua; McTeigue, Jaleh; Opperman, Caitlin; Scott Krieg, Jordan Dean; Brandt-Fontaine, Mikaela; Yasis, Alina; Shen, Francis X

    2016-12-01

    Early detection of Alzheimer's disease (AD) raises a number of challenging legal questions. In this essay, we explore some of those questions, such as: Is a neurological indicator of increased risk for AD a legally relevant brain state before there are any outward behavioral manifestations? How should courts address evidentiary challenges to the admissibility of AD-related neuroimaging? How should the government regulate the marketing of neuroimaging diagnostic tools? How should insurance coverage for the use of these new tools be optimized? We suggest that many voices and multidisciplinary perspectives are needed to answer these questions and ensure that legal responses are swift, efficient, and equitable.

  13. IT Security Standards and Legal Metrology - Transfer and Validation

    NASA Astrophysics Data System (ADS)

    Thiel, F.; Hartmann, V.; Grottker, U.; Richter, D.

    2014-08-01

    Legal Metrology's requirements can be transferred into the IT security domain applying a generic set of standardized rules provided by the Common Criteria (ISO/IEC 15408). We will outline the transfer and cross validation of such an approach. As an example serves the integration of Legal Metrology's requirements into a recently developed Common Criteria based Protection Profile for a Smart Meter Gateway designed under the leadership of the Germany's Federal Office for Information Security. The requirements on utility meters laid down in the Measuring Instruments Directive (MID) are incorporated. A verification approach to check for meeting Legal Metrology's requirements by their interpretation through Common Criteria's generic requirements is also presented.

  14. "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.

  15. Are "Legal Highs" users satisfied? Evidence from online customer comments.

    PubMed

    Bruneel, Christophe-Alain; Lakhdar, Christian Ben; Vaillant, Nicolas G

    2014-03-01

    This article describes the results of a clustering analysis of more than 2,100 comments posted by online purchasers of "Legal Highs" on five websites in 2012. The aim is to investigate the reasons for satisfaction/dissatisfaction on the part of legal highs users. Our results show that the reasons for satisfaction depend on the price/quality ratio and the real effects of the product (compared to illicit drugs). Dissatisfaction seems to stem from the disparity between the advertising of the product and its real quality. We conclude that online purchasers are certainly illicit drug users who consider legal highs as substitution products.

  16. Developing a Legal Framework for Remote Electronic Voting

    NASA Astrophysics Data System (ADS)

    Schmidt, Axel; Heinson, Dennis; Langer, Lucie; Opitz-Talidou, Zoi; Richter, Philipp; Volkamer, Melanie; Buchmann, Johannes

    This paper describes how to legally regulate remote electronic elections. Electronic voting systems have to respect the constitutional election principles. For technological solutions, this translates into security requirements that have to be fulfilled by the operational environment in which the voting takes place. Therefore [26] introduced the concept of providing the technical and organizational implementation of a remote electronic election by a qualified trustworthy third party. This paper adds legal regulation to support this concept. The legal framework addresses the secure operation of remote electronic voting services as well as their accreditation and supervision by an official authority.

  17. The Bet Tzedek legal services model: how a legal services model addresses elder abuse and neglect.

    PubMed

    Morris, Janet R

    2010-07-01

    Bet Tzedek, Hebrew for the "House of Justice," provides free legal assistance to older adults in Los Angeles County. Their civil attorneys work alongside prosecutors and service providers for the elderly as members of multidisciplinary teams to assist older adults with complicated elder abuse and neglect cases. Case examples demonstrate how civil attorneys collaborate with the Los Angeles County Elder Abuse Forensic Center to address financial abuse, real estate fraud, and self-neglect issues. Cooperation among the courts, Bet Tzedek, and other county agencies has resulted in more user-friendly processes to expedite filing of conservatorships and elder abuse restraining orders.

  18. 41 CFR 105-68.965 - Legal proceedings.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... proceedings. Legal proceedings means any criminal proceeding or any civil judicial proceeding, including a proceeding under the Program Fraud Civil Remedies Act (31 U.S.C. 3801-3812), to which the Federal...

  19. Stay Legal and Safe in Treating for Bed Bugs

    EPA Pesticide Factsheets

    Quick fix solutions may sound appealing, but they may not be legal, safe, or effective. To avoid adverse effects such as poisoning, buy EPA-registered pesticides labeled for bed bug control, and follow all label directions and precautions.

  20. 32 CFR 516.17 - SJA or legal adviser procedures.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... procedures. (a) Immediate notice to HQDA. When an SJA or legal adviser learns of litigation in which the... following: (1) Title or style of the proceeding. (2) Full names and addresses of the parties. (3)...