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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 Insanity

    PubMed Central

    2008-01-01

    Maryland’s test for a finding of legal insanity (not criminally responsible [NCR]) allows a defendant to be found legally insane due to either a lack of appreciation of wrongfulness (cognitive impairment [CI]) or lack of ability to refrain from illegal behavior (volitional impairment [VI]). During a four-year period, 1,446 defendants underwent in-depth (post screening) evaluations for the NCR plea at Maryland state hospitals. Of the 416 defendants assessed as NCR by the hospitals’ court-appointed evaluators, 44 (11%) were assessed as NCR due to VI alone. Diagnostically, the VI and CI groups were similar. Criminal charges were also similar, but the VI group was more likely to have been charged with murder. Many of the forensic evaluators concluded that the VI group was unable to refrain from illegal conduct based on considering a number of factors, including psychiatric symptoms and the defendant’s behavior as related to the offense. Some evaluators’ reports offered an opinion, but did not adequately explain what data they used to arrive at their conclusion. This paper examines the history of and rationale for a volitional test of insanity and how it is assessed by forensic evaluators. PMID:19727300

  4. 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,…

  5. 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)

  6. Legal Interviewing For Paralegals.

    ERIC Educational Resources Information Center

    Statsky, William P.

    One of the training materials prepared for paralegals, or legal assistants, by the National Paralegal Institute under a Federal grant, the document presents legal interviewing techniques by focusing on an analysis of a particular legal interview conducted by a paralegal on a hypothetical case. From the analysis of the case, a number of problems,…

  7. 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,…

  8. 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…

  9. 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)

  10. 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.

  11. 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

  12. 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…

  13. 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…

  14. School Safety Legal Anthology.

    ERIC Educational Resources Information Center

    Stephens, Ronald D., Ed.; And Others

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

  15. Development of Legal Expertise

    ERIC Educational Resources Information Center

    Glöckner, Andreas; Towfigh, Emanuel; Traxler, Christian

    2013-01-01

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

  16. 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…

  17. Construction Management: Legal Implications

    ERIC Educational Resources Information Center

    Collins, George J.

    1972-01-01

    Provides legal principles of which prospective owners should be aware. The author points out the particular legal problems of projects involving third party construction managers. Topics covered are (1) substantial performance, (2) interpretations of time, (3) impossibility of performance, (4) third party impairments, (5) reliance on promises, (6)…

  18. 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…

  19. 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.

  20. 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…

  1. 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)

  2. Database Reviews: Legal Information.

    ERIC Educational Resources Information Center

    Seiser, Virginia

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

  3. 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…

  4. 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)

  5. 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)

  6. Legal Protections for Privacy

    ERIC Educational Resources Information Center

    Leslie, David W.

    1977-01-01

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

  7. Legal Q & A.

    ERIC Educational Resources Information Center

    NACE Journal, 2003

    2003-01-01

    This article addresses the legal issues surrounding internships. From equal employment opportunity laws to noncompete agreements, this column offers an interpretation of state and federal statutes that are applicable to experiential education programs. (GCP)

  8. Euthanasia: the legal issues.

    PubMed

    Chaloner, C; Sanders, K

    The legal status of euthanasia is frequently deliberated. It remains unlawful in Britain and advocates for a change in the law are vigorously opposed by those who argue that it should remain unchanged. An objective account, in which current law and arguments for and against change are exposed, is essential to inform the euthanasia debate. In this article the legal issues concerning euthanasia are examined and arguments raised by proposed changes in the law are considered.

  9. 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,…

  10. Legalism and ethics in healthcare.

    PubMed

    Gallagher, S M

    2000-12-01

    Legalism is the translation of moral problems into legal problems--the repression of moral debate for fear it will be translated into a legal mandate. Some assert that legalism interferes with the serious debate of significant moral issues, while others believe that it elevates moral judgments to moral standards. The purpose of this article is to describe legalism and its impact on ethical decision-making, particularly in the wound care setting.

  11. Contenedores: Aspectos tecnicos, biologicos y economicos

    Treesearch

    Tara Luna; Thomas D. Landis; R. Kasten. Dumroese

    2012-01-01

    La elección del contenedor es una de las consideraciones más importantes al establecer un nuevo vivero o empezar a producir una especie nueva. El tipo y tamaño de contenedor no sólo determina la cantidad de agua y nutrientes minerales que están disponibles para el crecimiento de una planta, sino que también afecta otros aspectos operativos del vivero, como el tamaño de...

  12. 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

  13. LEGAL DUTIES OF PHYSICIANS

    PubMed Central

    Sandor, Andrew A.

    1951-01-01

    The history of the physician's legal duties has been traced from the first recorded writings of the Babylonian era to the present day. There has been a transition from the days of absolute liability to the modern idea of liability based on culpability. The doctrine of stare decisis developed in early English law forms the very backbone of our own jurisprudence. Broadly, if a physician renders reasonable care and skill, he is absolved from liability. Some of the more important legal duties and proscriptions applying to physicians are discussed in particular in this presentation. PMID:14848696

  14. 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.

  15. 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…

  16. 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)

  17. Legal Issues: Status Report.

    ERIC Educational Resources Information Center

    Fitzgerald, Laurine E.; Fisher, B. Jeanne

    The paper provides information concerning legal issues relating to sex bias which may be inherent in the present popular usage of standardized interest measurement instruments, focusing on current laws and guidelines, and the possible implications of judicial decisions which relate to sex bias and interest testing in education and employment…

  18. 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)

  19. Humanity in Legal Education.

    ERIC Educational Resources Information Center

    Bell, Derrick A., Jr.

    1980-01-01

    The dean-elect's speech at the University of Oregon's 1980 May Commencement discusses some immediate challenges to legal education and its quality: the need to transform law students into professionals, competitive pressure in the profession, inadequate faculty salaries and rewards, and need for equal educational opportunity. (MSE)

  20. Legal Liabilities of Administrators.

    ERIC Educational Resources Information Center

    Underwood, Julie

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

  1. 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.…

  2. 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…

  3. Legalization White Paper.

    ERIC Educational Resources Information Center

    United States Catholic Conference, Washington, DC.

    The second step of implementation of the legalization program of the Immigration Reform and Control Act of 1986 (IRCA) began on November 7, 1988. This second step is the process by which undocumented immigrants, initially granted temporary residence, may adjust to their status change to permanent resident. Certain aspects of the adjustment are…

  4. 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.

  5. 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)

  6. 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…

  7. Transsexualism: a legal perspective.

    PubMed Central

    Thomson, J M

    1980-01-01

    This paper begins with a discussion of the current legal definition of sex laid down in Corbett v Corbett. The implications of this test for three areas of the law, marriage, birth certificates and employment are then examined. Solutions from the United States of America and West Germany are studied and the suitability of similar solutions being transplanted into British law discussed. PMID:7420377

  8. 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…

  9. 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…

  10. 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…

  11. 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…

  12. 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.

  13. The Legalization of Higher Education

    ERIC Educational Resources Information Center

    Badke, Lara K.

    2017-01-01

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

  14. 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.

  15. LEGAL ASPECTS OF STUDENT TEACHING.

    ERIC Educational Resources Information Center

    SWALLS, FRED

    THE LEGAL POSITION OF STUDENT TEACHERS WAS STUDIED. A SURVEY OF STATUTES, ATTORNEY GENERALS' OPINIONS, AND CASE LAWS IN 10 STATES WAS CONDUCTED. THE LEGAL ASPECTS OF STUDENT TEACHING SURVEYED WERE (1) THE LIABILITY FOR PUPIL INJURY, (2) THE AUTHORITY TO REGULATE PUPIL CONDUCT, AND (3) THE LEGAL RESPONSIBILITY OF PUBLIC SCHOOL CORPORATIONS AND OF…

  16. 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…

  17. 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.

  18. 75 FR 47632 - Thomson Reuters Legal, Legal Editorial Operations, Cleveland Office, Including Workers Whose...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-08-06

    ... Employment and Training Administration Thomson Reuters Legal, Legal Editorial Operations, Cleveland Office..., applicable to workers of Thomson Reuters Legal, Legal Editorial Operations, Cleveland Office, Independence... that some workers separated from employment at the Independence, Ohio location of Thomson Reuters Legal...

  19. 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.

  20. 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.

  1. [Teenage pregnancies, legal aspects].

    PubMed

    Rogue, Fanny

    2016-01-01

    Minor girls are legally considered as incapable, under the authority of their parents. Difficulties can arise when a minor becomes pregnant. The law takes account of this situation: under certain conditions, she can decide by herself to undertake certain actions, medical or otherwise, without the consent of her parents. These include access to contraception, abortion or anonymous birth. Copyright © 2016 Elsevier Masson SAS. All rights reserved.

  2. 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,…

  3. 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,…

  4. Legal consequences of kleptomania.

    PubMed

    Grant, Jon E; Odlaug, Brian L; Davis, Andrew A; Kim, Suck Won

    2009-12-01

    Although studies have examined clinical characteristics of kleptomania, no previous studies have examined the legal consequences of kleptomania. From 2001 to 2007, 101 adult subjects (n = 27 [26.7%] males) with DSM-IV kleptomania were assessed on sociodemographics and clinical characteristics including symptom severity, comorbidity, and legal repercussions. Of 101 subjects with kleptomania, 73.3% were female. Mean age of shoplifting onset was 19.4 +/- 12.0 years, and subjects shoplifted a mean of 8.2 +/- 11.0 years prior to meeting full criteria for kleptomania. Co-occurring depressive, substance use, and impulse control disorders were common. Sixty-nine subjects with kleptomania (68.3%) had been arrested, 36.6% had been arrested but not convicted, 20.8% had been convicted and incarcerated after conviction, while only 10.9% had been convicted and not incarcerated after conviction. Kleptomania is associated with significant legal repercussions. The findings emphasize the need for rigorous treatment approaches to target kleptomania symptoms and prevent re-offending.

  5. Legal forms and reproductive norms.

    PubMed

    Fletcher, Ruth

    2003-06-01

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

  6. [Legal empowerment and mental health: the legal subject in hospitals].

    PubMed

    Yvon, Marianne; Festa, Carole; Hanen, Sylvie; Mercuel, Alain; Monteiro, Michel

    2011-01-01

    A social experiment and pilot project funded by the French Directorate General of Social Cohesion aimed at providing legal aid services ("legal empowerment and mental health") has been conducted since 2009 in three healthcare institutions in Paris (France): the Centre Hospitalier Sainte-Anne, the Groupe Public de Santé Perray-Vaucluse, and the Hôpital Tenon (psychotraumatology unit). Lasting until 2012 and piloted by the NGO Droits d'Urgence, the initiative aims to promote the legal empowerment of socially excluded people suffering from psychiatric or mental disorders and to facilitate access to care. The initiative operates on two levels, providing legal support to vulnerable people and offering legal expertise and advice to medical and social staff. An ad-hoc intervention approach was designed to ensure the implementation of the initiative based on several combined tools: legal aid, technical committees, awareness-raising activities, and pooling of legal resources and information. Developed across the three institutions, this integrated and subsidiary initiative improves our understanding of the complex circumstances of disempowered people ? who are often faced with overlapping social, medical, administrative and legal difficulties ? and helps to take into account their vulnerabilities. The cross-professional and cross-boundary system promoted by this initiative involves medical staff, social workers and lawyers around patients viewed as both actors and legal subjects.

  7. 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.

  8. 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

  9. 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.

  10. 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…

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

    ERIC Educational Resources Information Center

    Sharf, James C.

    1976-01-01

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

  12. 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…

  13. 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…

  14. 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…

  15. 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…

  16. 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)

  17. Student Legal Issues. Final Report.

    ERIC Educational Resources Information Center

    Molek, Carol

    This report describes a project designed to educate adult education staff on legal issues that affect students so that staff could instruct and support students on the problems they faced. Staff were trained to help students recognize which problems they could handle and which required professional legal consultation. Six workshops (3 hours each)…

  18. 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)

  19. 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)

  20. 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.…

  1. Legal Liability in the Gymnasium.

    ERIC Educational Resources Information Center

    Oregon State Dept. of Education, Salem.

    The legal system has significantly influenced the everyday operation of American public schools in the last 20 years. Because of the increasing probability of teacher involvement in a legal incident, a working knowledge of the law as it relates to physical education is important. Included in this document, which focuses on tort liability for…

  2. Legal Aspects of the Web.

    ERIC Educational Resources Information Center

    Borrull, Alexandre Lopez; Oppenheim, Charles

    2004-01-01

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

  3. 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…

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

    ERIC Educational Resources Information Center

    Menkel-Meadow, Carrie

    1988-01-01

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

  7. Waiving legal rights in research.

    PubMed

    Resnik, David B; Parasidis, Efthimios

    2014-07-01

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

  8. 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...

  9. 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.

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

    PubMed

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

    2012-10-01

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

  11. 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.

  12. 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)

  13. The legal business of dentistry.

    PubMed

    Barrabee, Steve; Kowalski, Michael

    2009-09-01

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

  14. [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.

  15. 38 CFR 13.58 - Legal custodian.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

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

  16. 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...

  17. 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)…

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

    PubMed

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

    2014-11-01

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

  19. Legalism as an Obstacle to School Quality.

    ERIC Educational Resources Information Center

    Daniel, George H.

    One of the most serious impediments to the development of high quality education in the United States is excessive legalism. This legalism takes two forms: administrative legalism is the trend toward ritualistic conformity to increasingly detailed, bureaucratic rules and regulations; judicial legalism is the tendency to cast all social issues and…

  20. 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.

  1. [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.

  2. [Legal aspects of health telematics].

    PubMed

    Dierks, C

    2005-06-01

    Specific legal issues arise from the distance of the participants in health telematics. Substandard care not meeting the state of the art can yield malpractice litigation, especially if a diagnosis or therapy conveyed via telematics proves to be deficient. On the other hand, communication deficiencies may bring about a reversal of the burden of proof. If the patient's damage can not be attributed to the responsible person due to the division of labour, a joint liability is likely to be adjudicated. A specific legal risk analysis is required as a basis for a risk-adequate design of any application in health telematics.

  3. 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.…

  4. Training of Para-Legal Staff: The Aboriginal Legal Service.

    ERIC Educational Resources Information Center

    Roberts, Kim

    1978-01-01

    Describes the in-service training project for Australian aboriginal paralegal field officers of the Aboriginal Legal Service, organized by the Law School and Extension Service of the University of Western Australia. The project team acted as facilitators for the field officers, a participative training program design being found to be important.…

  5. 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.…

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

    SciTech Connect

    Domby, A.H.

    2007-07-01

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

  7. 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

  8. 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;…

  9. 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)

  10. 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)

  11. 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…

  12. 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)

  13. 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)

  14. [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.

  15. 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…

  16. 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...

  17. 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)

  18. 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…

  19. Legal Handbook on School Athletics.

    ERIC Educational Resources Information Center

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

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

  20. Computerized Legal Research. Final Report.

    ERIC Educational Resources Information Center

    Campbell, Michael

    A project was undertaken to develop a curriculum for a course in computerized legal education that could be used at Highline Community College in Midway, Washington. As part of the curriculum development effort, project staff reviewed relevant literature, visited colleagues at the University of Washington and the University of Puget Sound Law…

  1. 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…

  2. Legal Briefs for School Administrators.

    ERIC Educational Resources Information Center

    Strahan, Richard Dobbs

    The legal briefs in this volume provide insights into operational problems for a practicing administrator. Fifteen briefs provide some general policy statements that appear to be sound practice for the areas covered. In addition, each section propounds questions that are commonly asked by school people. The author has attempted to attack each…

  3. 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…

  4. 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…

  5. [The debate over drug legalization].

    PubMed

    Babín Vich, Francisco de Asís

    2013-01-01

    The debate over drug legalization appears frequently in the media as a potential solution to issues such as drug trafficking and other problems related to drug use. In Spain, private consumption or even the production of small quantities of certain plants, whose active ingredients are considered illegal drugs, if clearly for own consumption are not practices criminalized by any law. In addition, a drug addict is considered a person who is ill. Although it has not always been like that even in the countries that have called for this debate, where at times the law prosecutes consumers. The population of our country, according to the views expressed in the opinion polls, prefer to increase preventive measures, foster the treatment freely assumed by drug addicts and make stricter the repression on drug trafficking. Therefore, when speaking of "legalization" we should be scrupulous with the semantics; legalize and decriminalize are not the same, it is not the same decriminalize consumption than decriminalize trafficking, neither is the same decriminalize private consumption than public consumption. Decriminalize private consumption is a fact in our country. Beyond this, we advocate for the strict need to analyze from a scientific perspective the hypothetical benefits that would result from drug legalization. Certainly, from the public health perspective, they are hard to find. We believe that the same logic applied to tobacco, increasing the restrictions on its use, is the path to follow with any addictive substance.

  6. 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)

  7. 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…

  8. 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)

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

    PubMed

    Mina, András

    2016-04-24

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

  10. 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...

  11. 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...

  12. 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...

  13. Legal issues in clinical nursing education.

    PubMed

    Patton, Carla Wheeler; Lewallen, Lynne Porter

    2015-01-01

    Nurse educators are concerned about legal implications of teaching students in clinical settings. Although literature is available about legal issues in working with students in the classroom, there is little recent information on clinical nursing faculty's legal liability when working with students and ways to reduce the risk of becoming involved in a lawsuit. This article discusses the major issues in clinical settings that contribute to lawsuits against faculty and offers suggestions to reduce legal liability with students in clinical settings.

  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. 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...

  16. 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…

  17. Organizational Factors Affecting Legalization in Education.

    ERIC Educational Resources Information Center

    Meyer, John W.

    Legalization here refers to the introduction into the educational system of new legal rules, emanating from outside the routine channels of educational management. It includes general legal rules from legislation, from the courts, or from higher administrative levels. The key to the definition is lack of integration of the new rules with the main…

  18. Terrorism as a Social and Legal Phenomenon

    ERIC Educational Resources Information Center

    Serebrennikova, Anna; Mashkova, Yekaterina

    2017-01-01

    This article examines the concept of terrorism as a social and legal phenomenon, its international legal and criminal-legal characteristics. Highlighted are the main aspects of cooperation of the states and the international community to counter terrorist activities. Terrorism as a social phenomenon is determined by paragraph 1 of article 3 of the…

  19. Prospective Educators' Knowledge of Children's Legal Rights.

    ERIC Educational Resources Information Center

    Mcloughlin, Caven S.; And Others

    1983-01-01

    Prospective educators' knowledge of children's legal rights in several areas was assessed. Results indicated limited legal knowledge and some misconceptions about the law. The need for colleges of education to adapt their curricula to include legal issues is discussed. (Author/DWH)

  20. 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…

  1. 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…

  2. The interface of legal and esthetic considerations

    Treesearch

    Richard C. Smardon

    1979-01-01

    This paper is an overview of development of legal/policy factors affecting visual resource management. Review of major legal issues, court cases, laws and administrative decisionmaking reveals that the "action" regarding legal and aesthetic issues is currently in the public arena as managed by administrative agencies. Analysis of key court cases reveals that...

  3. 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...

  4. 33 CFR 326.5 - Legal action.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

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

  5. Legal Services for Oregon School Districts.

    ERIC Educational Resources Information Center

    Johnson, Maggie

    1982-01-01

    This bulletin looks at the legal services used by school districts in Oregon from three perspectives. First, general ways districts use legal assistance are discussed. Second, profiles of three districts provide examples of different possibilities for hiring and consulting legal counsel, with special attention paid to meeting the demands of…

  6. 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,"…

  7. Legal Context of the Public School District.

    ERIC Educational Resources Information Center

    Thurston, Paul W.

    This chapter of "Principles of School Business Management" explores the legal context in which school business officials and other school administrators operate. The chapter considers the legal sources for the power and authority of the district and its administrators and also examines the legal process as it affects schools and the performance of…

  8. 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…

  9. 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…

  10. 75 FR 49528 - Thomson Reuters Legal, Legal Editorial Operations Cleveland Office Including Workers Whose...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-08-13

    ... Employment and Training Administration Thomson Reuters Legal, Legal Editorial Operations Cleveland Office... Assistance on June 22, 2010, applicable to workers of Thomson Reuters Legal, Legal Editorial Operations... unemployment insurance (UI) tax account under the name West Publishing Corporation, a Thomson Reuters Business...

  11. 20 CFR 404.733 - Evidence you are the legally adopting parent or legally adopted child.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

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

  12. 20 CFR 404.733 - Evidence you are the legally adopting parent or legally adopted child.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 20 Employees' Benefits 2 2011-04-01 2011-04-01 false Evidence you are the legally adopting parent or legally adopted child. 404.733 Section 404.733 Employees' Benefits SOCIAL SECURITY ADMINISTRATION... Benefits § 404.733 Evidence you are the legally adopting parent or legally adopted child. If you are the...

  13. 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.

  14. 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.

  15. 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.

  16. Legal developments in assisted reproduction.

    PubMed

    Dickens, Bernard M

    2008-05-01

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

  17. Unfinished feticide: a legal commentary.

    PubMed Central

    Brazier, Margaret

    1990-01-01

    Jansen expresses concern as to the legal implications of both selective reduction of pregnancy and unsuccessful attempts at termination of pregnancy using mifepristone. This commentary examines the legality of both procedures and concludes that Jansen is over-optimistic in his belief that neither procedure is likely to fall foul of the criminal laws on induced abortion. By contrast his anxieties about civil liability arising from the subsequent live birth of a damaged infant are, it is suggested, unnecessarily pessimistic. Such an action is most unlikely to succeed if brought by the infant herself and any claim on the part of the mother will normally be dependent on proof of negligence. The commentary focusses on the law in England with relevant references to other common law jurisdictions. PMID:11642779

  18. Legal billing for pathology services.

    PubMed

    Glaser, David M; Bennett, Katherine J

    2007-02-01

    Minnesota physicians recently debated whether primary care physicians can legally and ethically "mark up" or add to the fees charged by a pathologist when submitting bills for pathology services to third-party payers. This article explores the relevant federal and state laws and offers the conclusion that both federal and state law allow for such a mark-up if it reflects reasonable compensation for additional work and risk assumed by the primary care provider group.

  19. 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.

  20. Surrogacy: Ethical and Legal Issues

    PubMed Central

    Saxena, Pikee; Mishra, Archana; Malik, Sonia

    2012-01-01

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

  1. 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.

  2. 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.

  3. 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

  4. Legal challenges in neurological practice.

    PubMed

    Jayalakshmi, Sita; Vooturi, Sudhindra

    2016-10-01

    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.

  5. Legal aspects of genetic information.

    PubMed Central

    Andrews, L. B.

    1991-01-01

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

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

    PubMed

    Tsai, Jack; Jenkins, Darlene; Lawton, Ellen

    2017-03-01

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

  7. 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.

  8. 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.

  9. 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.

  10. [Legal aspects of mineral waters].

    PubMed

    Callipo, C

    1976-01-01

    The Author takes up the subject of the report in order to carry out a comprehensive legal recognition of the mineral water regulations in Italy and emphasizes that in this field the results of scientific conclusions, or rather of the various scientific branches (medical hydrology, microbiology, chemics, hydrogeology, medical clinics, pharmacology, etc.) supply a cognitive support to the legislator and the substantial contents to the legal standards. He therefore illustrates the two main outlines of the rules, i.e. the hygienic sanitary one and the mineral one: such lay-out is subsequently related to the implementation of the Regions on one hand and to the enforcement of CEE-rules on the other. This has led to the fact that the hygienic-sanitary legislation was confirmed to the State while the mineral one was transferred to the Regions. After having shown up contrasts and expressed the necessity of clearness and uniformity of rules and criteria, the Author connects these requirements mainly with the implementation of hygienic-sanitary surveillance and consequently with the evaluation of the banal bacterical contents under the point of view of merit--i.e. the rules should include the probative results of science--as well as from a point of view of coordinated allotments of competence by the various organisms.

  11. The Legal Landscape of Concussion

    PubMed Central

    Albano, Andrew W.; Senter, Carlin; Adler, Richard H.; Herring, Stanley A.; Asif, Irfan M.

    2016-01-01

    Context: Concussion legislation has been enacted in all 50 of the United States, aiming to prevent mild traumatic brain injuries and the potential long-term sequelae of these injuries in youth athletics. Sports medicine providers, in addressing this major public health concern, are tasked with adhering to the established standards of medical care while also considering the legal implications. Evidence Acquisition: The PubMed (2011-2016) database was searched using the following search terms: concussion, sports concussion, legislation, and concussion legislation. References from consensus statements, review articles, and book chapters were also utilized. Study Design: Clinical review. Level of Evidence: Level 4. Results: The Lystedt law and its progeny have increased awareness of the signs and symptoms of sports concussion, but adherence to state legislation can pose some challenges. Conclusion: The presence of concussion legislation places a responsibility on the sports medicine provider to have a firm understanding of the legality of concussion management in the state(s) in which they practice. PMID:27530613

  12. 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.

  13. 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

  14. 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

  15. 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.

  16. 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.

  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. Legal Prescription on Virtual Property and Its Rights

    NASA Astrophysics Data System (ADS)

    Pratama, B.

    2017-01-01

    Type of property in digital era radically changed. The emersion of cyberspace, ontologically show up legal question: why kind of law applied to answer virtual property right? Whether using new law or adjusting existing law by reconceptualising it to be applied in cyberspace. After the discussion of legal concept, the concept of legal right also raised as the consequences of the legal problems. If the law is simplified, the rule element consists of: legal subject, legal object and legal action. Based on legal premises, formulating legal prescription of virtual property right become interesting to discuss. With clear certainty concept of virtual property right, then the right inherence also become visible.

  20. 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...

  1. 22 CFR 92.84 - Legal process defined.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

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

  2. 22 CFR 92.84 - Legal process defined.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 22 Foreign Relations 1 2014-04-01 2014-04-01 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 process...

  3. 22 CFR 92.84 - Legal process defined.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 22 Foreign Relations 1 2013-04-01 2013-04-01 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 process...

  4. Medical Marijuana and Marijuana Legalization.

    PubMed

    Pacula, Rosalie Liccardo; Smart, Rosanna

    2017-05-08

    State-level marijuana liberalization policies have been evolving for the past five decades, and yet the overall scientific evidence of the impact of these policies is widely believed to be inconclusive. In this review we summarize some of the key limitations of the studies evaluating the effects of decriminalization and medical marijuana laws on marijuana use, highlighting their inconsistencies in terms of the heterogeneity of policies, the timing of the evaluations, and the measures of use being considered. We suggest that the heterogeneity in the responsiveness of different populations to particular laws is important for interpreting the mixed findings from the literature, and we highlight the limitations of the existing literature in providing clear insights into the probable effects of marijuana legalization.

  5. Legal interfaces in telemedicine technology.

    PubMed

    Lott, C M

    1996-05-01

    Telemedicine, an emerging technology which seeks to use advanced telecommunications equipment to enhance medical care, is progressing rapidly in the Department of Defense health care delivery system. This paper recommends that a cautious, preventive law approach be simultaneously initiated to ensure that the technology does not abridge patients' rights to confidentiality or security of medical records, and that agreement on practice parameters be developed. Seven interfaces, in the areas of informed consent, physician liability, non-physician liability, costs, practice parameters, physician-patient relationships, and ergonomics, are discussed in the context of telemedicine. The author recommends that telemedicine pioneers include the legal community's early input in the application of telemedicine technology to help avoid needless litigation.

  6. 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

  7. 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.

  8. 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. (a...

  9. 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. (a...

  10. 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. (a...

  11. 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. (a...

  12. 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. (a...

  13. Legal Resources for Higher Education Law.

    ERIC Educational Resources Information Center

    Shaffer, Roberta

    1984-01-01

    Law resources are outlined in three categories: primary or mandatory sources of authority, secondary or persuasive authority, and finding tools used to locate relevant primary and secondary sources. Sources such as citators, legal bibliographies, computer assisted legal research systems (LEXIS, WESTLAW, etc.), and law and education sources are…

  14. 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 rule...

  15. Medical marijuana: Legal and regulatory considerations.

    PubMed

    Kaplan, Louise

    2015-10-16

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

  16. Duties: Legal? Moral? Religious? or Social?

    ERIC Educational Resources Information Center

    Blum, Ann

    1990-01-01

    Presents activities in which students are asked to (1) identify sources of duties affecting individual behavior; (2) define and give examples of legal, as well as social, religious and moral duties; (3) and compare social, religious, moral, and legal duties and discuss their relationships. (DB)

  17. Death with Dignity: A Tripartite Legal Response

    ERIC Educational Resources Information Center

    Leblang, Theodore Raymond

    1978-01-01

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

  18. 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…

  19. Legal Aspects of Organizing a Library Network.

    ERIC Educational Resources Information Center

    Carlile, Huntington; Burkley, John H.

    1980-01-01

    Three aspects of a library network are discussed: (1) legal structure, (2) membership, and (3) governance. An ideal network organization, from a legal viewpoint, is outlined. Also discussed are these types of network organizational structures: government networks, quasi-government networks, nonprofit membership corporations, and unincorporated…

  20. Legal Issues in Teacher Preparation and Certification.

    ERIC Educational Resources Information Center

    Hazard, William R.; And Others

    Legal issues in teacher preparation and certification are discussed from three perspectives of relevance to educators. First, the legal responsibilities of preservice and inservice teachers in relation to pupils and other participants in the school setting are scrutinized and the controversies surrounding collective negotiations, corporal…

  1. American Legal Education and Professional Despair

    ERIC Educational Resources Information Center

    French, David

    2011-01-01

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

  2. The Jeffersonian Vision of Legal Education.

    ERIC Educational Resources Information Center

    Douglas, Davison M.

    2001-01-01

    Explores the Jeffersonian vision of legal education. Examines methods of training lawyers in colonial America, noting that colleges offered no such instruction. Considers Jefferson's vision of the role of education in sustaining a republican form of government and describes the implementation of his vision of legal education first at the college…

  3. 14 CFR 77.47 - Legal officer.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 14 Aeronautics and Space 2 2010-01-01 2010-01-01 false Legal officer. 77.47 Section 77.47 Aeronautics and Space FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION (CONTINUED) AIRSPACE.... The Chief Counsel designates a member of his staff to serve as legal officer at each hearing under...

  4. 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 §...

  5. 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 §...

  6. 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...

  7. 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...

  8. 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...

  9. 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...

  10. 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…

  11. 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...

  12. 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…

  13. Research Notes Openness and Evolvability Legal Assessment

    DTIC Science & Technology

    2016-08-01

    4 2.1.5 Are granules from same vendor legally separated? ........................... 4 2.1.6 Can transparency between granules be assured...4 2.1.7 Are inter- granule communications requirements legally enforceable...7 2.1.16 Is independent test harness used to verify compliance? ................... 7 2.1.17 Can technical measures enforce agreed granule

  14. 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

  15. 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…

  16. 31 CFR 3.22 - Legal review.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 31 Money and Finance: Treasury 1 2013-07-01 2013-07-01 false Legal review. 3.22 Section 3.22 Money and Finance: Treasury Office of the Secretary of the Treasury CLAIMS REGULATIONS AND INDEMNIFICATION... be reviewed in the legal division which shall thereupon make a recommendation that the claim be...

  17. 31 CFR 3.3 - Legal review.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 31 Money and Finance: Treasury 1 2013-07-01 2013-07-01 false Legal review. 3.3 Section 3.3 Money and Finance: Treasury Office of the Secretary of the Treasury CLAIMS REGULATIONS AND INDEMNIFICATION... employee and the investigation, shall be reviewed in the legal division which shall thereupon make a...

  18. Educational Malpractice: Legal Cases and Educators' Views

    ERIC Educational Resources Information Center

    Teh, Mui-Kim

    2008-01-01

    The notion of being negligently and legally liable for poor teaching that results in the failure of students being able to achieve expected educational outcomes is an unimaginable prospect. However, there is an emerging trend of legal proceedings being brought against teachers, blaming them for low scores in literacy, numeracy or even the failure…

  19. 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...

  20. 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...

  1. 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...

  2. 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...

  3. 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...

  4. 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…

  5. 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…

  6. Factors Important in Composing Legal Written Communication.

    ERIC Educational Resources Information Center

    West, Judy Ferguson

    To determine which factors were considered important in composing legal written documents, personal interviews were conducted with 111 Middle Tennessee Bar Association members, and questionnaires were mailed to 211 legal secretaries/paralegals. The self-administered questionnaires were completed and returned by 133 persons. Of those, 108 indicated…

  7. Educational Opportunity Fund Legal Studies Program.

    ERIC Educational Resources Information Center

    Tayler, Marilyn; Jackson, Curtis

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

  8. Legal Concerns in Community College Employment Matters

    ERIC Educational Resources Information Center

    Rodriguez, Roy C.

    2010-01-01

    The American community college has posed, for a period of time, some distinctively unique concerns pertaining to legal issues. However, the most pressing legal issues facing community colleges now are those regarding personnel. The diversity of programs community colleges offer require that personnel (specifically faculty) come to the institution…

  9. 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...

  10. 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,…

  11. Teaching the Legal Aspects of Business Communication.

    ERIC Educational Resources Information Center

    Harcourt, Jules

    1990-01-01

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

  12. The Family Day Care Providers' Legal Handbook.

    ERIC Educational Resources Information Center

    Treadwell, Lujuana Wolfe

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

  13. 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…

  14. 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...

  15. 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…

  16. 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.

  17. 31 CFR 3.22 - Legal review.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

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

  18. Legalizing the Intolerable Is a Bad Idea.

    ERIC Educational Resources Information Center

    Hawley, Richard A.

    1991-01-01

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

  19. 31 CFR 3.3 - Legal review.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

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

  20. Legal Basics for Teachers. Fastback 235.

    ERIC Educational Resources Information Center

    Monks, Robert L.; Proulx, Ernest I.

    This fastback presents some basic legal gidelines for teachers, which if observed will minimize the possibility of lawsuits resulting from incidents occurring in school settings. The following topics are covered: (1) basic legal terminology; (2) reporting child abuse; (3) self-defense; (4) possession and use of controlled substances; (5)…

  1. Child Abuse and Neglect Legal Handbook.

    ERIC Educational Resources Information Center

    Talan, Teri N.; And Others

    This handbook was written by the Child Advocate Association in an attempt to clarify the laws and legal procedures governing child abuse and neglect. While some of the legal material is technical and is included to provide practical assistance to attorneys, the bulk of the material is intended for social workers, police, and school and medical…

  2. The Florida Survey of Newly Legalized Persons.

    ERIC Educational Resources Information Center

    Schilit, Jeffrey; Nimnicht, Glen

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

  3. 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…

  4. 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…

  5. 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…

  6. 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…

  7. 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…

  8. Understanding the legal implications of living wills.

    PubMed

    Haas, Fiona

    This article explains the legality of living wills and clarifies the conditions that make an advance statement valid. The practical application of a living will is explored using examples illustrating the necessary considerations. In recognising the legality of advance refusals of treatment, nurses need to be aware that they must abide by such a refusal.

  9. 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.

  10. 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.

  11. Innovative Legal Approaches to Address Obesity

    PubMed Central

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

    2009-01-01

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

  12. 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

  13. Geriatrics and the Legal System.

    PubMed

    Yarnell, Stephanie C; Kirwin, Paul D; Zonana, Howard V

    2017-06-01

    Correctional systems, already struggling to meet the basic and functional requirements of older prisoners, will be further challenged by the increasing medical and psychiatric needs of this population. Mental health and general medical care for older adults requires specific on-site or consultation expertise in geriatric medicine and psychiatry, as well as potential changes in infrastructure, both of which may be prohibitively expensive. However, compassionate and effective treatment of older prisoners requires that prison and legal systems facilitate this expert care. To address this situation, strategic revisions of the criminal justice system are needed to alleviate prison overcrowding and consequent inadequate medical care for inmates, especially the elder ones. The unique, age-related demands of this older population predict an increased need for forensic psychiatrists with a thorough knowledge and expertise in geriatrics, as more forensic psychiatric evaluations will be needed before trial in both civil and criminal cases, during incarceration, and at the time of parole. In this article, we review the current state of elder inmates in correctional institutions and advocate for increased geriatric training for forensic psychiatrists in anticipation of this growing need. © 2017 American Academy of Psychiatry and the Law.

  14. 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.

  15. 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.

  16. Standardizing Legal Content with OWL and RDF

    NASA Astrophysics Data System (ADS)

    Hondros, Constantine

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

  17. 40 CFR 52.526 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... PROMULGATION OF IMPLEMENTATION PLANS Florida § 52.526 Legal authority. (a) The requirements of § 51.230(f) of this chapter are not met, since section 403.111 of the Florida Statutes could, in some circumstances...

  18. 40 CFR 52.526 - Legal authority.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... PROMULGATION OF IMPLEMENTATION PLANS Florida § 52.526 Legal authority. (a) The requirements of § 51.230(f) of this chapter are not met, since section 403.111 of the Florida Statutes could, in some circumstances...

  19. 40 CFR 52.526 - Legal authority.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... PROMULGATION OF IMPLEMENTATION PLANS Florida § 52.526 Legal authority. (a) The requirements of § 51.230(f) of this chapter are not met, since section 403.111 of the Florida Statutes could, in some circumstances...

  20. 40 CFR 52.526 - Legal authority.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... PROMULGATION OF IMPLEMENTATION PLANS Florida § 52.526 Legal authority. (a) The requirements of § 51.230(f) of this chapter are not met, since section 403.111 of the Florida Statutes could, in some circumstances...

  1. 40 CFR 52.2726 - Legal authority.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ...) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Puerto Rico § 52.2726 Legal authority. (a) The requirements of § 51.230(f) of this chapter are not met, since Article 17 of Puerto Rico Act 9...

  2. 40 CFR 52.2726 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ...) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Puerto Rico § 52.2726 Legal authority. (a) The requirements of § 51.230(f) of this chapter are not met, since Article 17 of Puerto Rico Act 9...

  3. 40 CFR 52.2726 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ...) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Puerto Rico § 52.2726 Legal authority. (a) The requirements of § 51.230(f) of this chapter are not met, since Article 17 of Puerto Rico Act 9...

  4. Dementia and legal determination of capacity.

    PubMed

    Delineau, Valeska Maria Eboli Bello; Schultz, Rodrigo Rizek

    2017-06-01

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

  5. Legal education for scientists at Fall Meeting

    NASA Astrophysics Data System (ADS)

    Uhlenbrock, Kristan

    2012-10-01

    In today's increasingly polarized political climate, science is becoming more politicized, which in turn leads to scientists facing an increased involvement in legal discussion about their work, their correspondence, and their public statements. At times these attacks on scientists and their academic freedom are unwarranted and can leave many confused and wondering how to handle the situation. To help out, AGU and the Climate Science Legal Defense Fund (CSLDF) have partnered to prepare the scientific community for these challenges through a Legal Education Series, a series of webinars along with events at AGU's 2012 Fall Meeting. This series provides scientists with information to help guide and update them on legal issues and situations currently making their way through the courts.

  6. 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)

  7. 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...

  8. 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...

  9. 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...

  10. 20 CFR 410.391 - Legal impediment.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... this subpart C, legal impediment means an impediment resulting from the lack of dissolution of a previous marriage or otherwise arising out of such previous marriage or its dissolution, or resulting from...

  11. 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.

  12. 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)

  13. 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."

  14. 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)

  15. Jobs With Service Programs: Legal Services

    ERIC Educational Resources Information Center

    Rones, Philip L.

    1976-01-01

    A discussion of how legal services are becoming more responsive to the needs of the elderly with focus on job training and opportunities for lawyers, paralegals, and community service advisors (CSAs). (JT)

  16. 40 CFR 52.2373 - Legal authority.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ...) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Vermont § 52.2373 Legal authority. (a) The requirements of § 51.230(f) of this chapter are not met. Vermont does not have the authority to make emissions...

  17. 40 CFR 52.2373 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ...) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Vermont § 52.2373 Legal authority. (a) The requirements of § 51.230(f) of this chapter are not met. Vermont does not have the authority to make emissions...

  18. 40 CFR 52.2373 - Legal authority.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ...) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Vermont § 52.2373 Legal authority. (a) The requirements of § 51.230(f) of this chapter are not met. Vermont does not have the authority to make emissions...

  19. 40 CFR 52.2373 - Legal authority.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ...) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Vermont § 52.2373 Legal authority. (a) The requirements of § 51.230(f) of this chapter are not met. Vermont does not have the authority to make emissions...

  20. 40 CFR 52.2373 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ...) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Vermont § 52.2373 Legal authority. (a) The requirements of § 51.230(f) of this chapter are not met. Vermont does not have the authority to make emissions...

  1. 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)

  2. 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.

  3. 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...

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

    PubMed

    Marjanović-Cengić, S

    2001-01-01

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

  5. 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)

  6. Legal Relationships: Student Teacher/University.

    ERIC Educational Resources Information Center

    Alexander, Kern

    1982-01-01

    Legal issues involving student teachers can arise from: (1) student teacher's relationship with the university; (2) student teacher's right to redress against the university and its personnel; and (3) student teachers' liability with their pupils in the classroom. (FG)

  7. Legal doctrines associated with medical malpractice.

    PubMed

    Kircher, J

    1986-06-01

    Malpractice is the legal charge against a professional accused of a private wrong. Claims must be filed under tort (or civil) law; specific statutes can vary from state to state. Legal doctrines associated with malpractice include respondeat superior, which places ultimate liability with a superior or employer; proximate cause, which states that the professional's negligence resulted in injury; and res ipsa loquitur, which allows malpractice to be proved without expert testimony. Traditionally, PAs have been protected by respondeat superior; however, while some legal precedents have assigned liability to the physician entirely, others have distributed it proportionately between the supervised nonphysician provider and the physician. Consequently, no clear guidelines exist for PAs regarding malpractice, since the degree of liability has not yet been definitely decided by the courts. However, in the current legal climate, more and more PAs assume malpractice liability, and are providing for personal coverage.

  8. 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 corporation...

  9. 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,...

  10. 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,...

  11. 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,...

  12. 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,...

  13. 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,...

  14. 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.

  15. 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...

  16. 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

  17. Legal aspects of abortion practice.

    PubMed

    Goldman, E B

    1986-03-01

    Focusing on the legal aspects of abortion, this chapter considers the development of constitutional law on the right to abortion, rights for adults and minors, conscience clauses, and abortion and malpractice issues. In 1973 the US Supreme Court in the cases of Roe v. Wade held that the right of privacy grounded in the concept of personal liberty guaranteed by the 9th and 14th amendment to the US Constitution included a woman's right to decide whether or not to have an abortion. The cases held unconstitutional any statute that prohibited abortion and statutes that imposed such stringent requirements on abortion as to make abortion unavailable. The Court recognized the state's interest in protecting maternal health and preserving the life of the fetus but said that a woman's right to privacy was a paramount fundamental right and could be interfered with only if the state could show a compelling interest. The Court analyzed the right to abortion based on different stages of pregnancy. During the 1st trimester, a woman has a virtually unfettered right to have an abortion free from interference by state or federal government; the decision is between the woman and her physician. Due to the fact that abortions during the 2nd trimester are more dangerous to the health of the mother, the state can regulate the abortion procedure so long as the regulations are limited to preservation and protection of maternal health. Thus, the state can establish licensing requirements for facilities in which the procedure is to be performed as well as requirements concerning reporting and record keeping. During the 3rd trimester, the viability of the fetus allows the state's compelling interest in the protection of fetal life to be dominant over the mother's right to privacy. During this trimester, the state may, but is not required to, proscribe abortion except where necessary to preserve the life or health of the mother. During the 1973-83 period, numerous attempts were made to chip

  18. 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.

  19. 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.

  20. Drug legalization, harm reduction, and drug policy.

    PubMed

    DuPont, R L; Voth, E A

    1995-09-15

    The current U.S. policy options on drug use are reviewed in the context of the history of drug policy in the United States. A restrictive drug policy is a deterrent to drug use and helps reduce drug-related costs and societal problems. Although legalization or decriminalization of drugs might reduce some of the legal consequences of drug use, increased drug use would result in harmful consequences.

  1. 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

  2. [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.

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

    NASA Astrophysics Data System (ADS)

    Landau, Elizabeth

    2014-02-01

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

  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 Project...

  5. 48 CFR 1552.211-76 - Legal analysis.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

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

  6. 48 CFR 1552.211-76 - Legal analysis.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

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

  7. 48 CFR 1552.211-76 - Legal analysis.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

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

  8. 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 person...

  9. 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)

  10. 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...

  11. 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)

  12. 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…

  13. 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…

  14. 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...

  15. 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...

  16. 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...

  17. 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...

  18. 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 adoption...

  19. 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 adoption...

  20. 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

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

    ERIC Educational Resources Information Center

    Shannon, Michael O.

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

  2. 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…

  3. 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…

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

    ERIC Educational Resources Information Center

    Daly, Mary C.

    2002-01-01

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

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

    PubMed

    Brown, Jennifer

    2016-01-01

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

  6. [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.

  7. [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.

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

    PubMed

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

    2013-09-01

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

  9. 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)

  10. Local Legal Infrastructure and Population Health

    PubMed Central

    Patton, Dana J.

    2012-01-01

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

  11. Local legal infrastructure and population health.

    PubMed

    Costich, Julia F; Patton, Dana J

    2012-10-01

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

  12. Medical errors: legal and ethical responses.

    PubMed

    Dickens, B M

    2003-04-01

    Liability to err is a human, often unavoidable, characteristic. Errors can be classified as skill-based, rule-based, knowledge-based and other errors, such as of judgment. In law, a key distinction is between negligent and non-negligent errors. To describe a mistake as an error of clinical judgment is legally ambiguous, since an error that a physician might have made when acting with ordinary care and the professional skill the physician claims, is not deemed negligent in law. If errors prejudice patients' recovery from treatment and/or future care, in physical or psychological ways, it is legally and ethically required that they be informed of them in appropriate time. Senior colleagues, facility administrators and others such as medical licensing authorities should be informed of serious forms of error, so that preventive education and strategies can be designed. Errors for which clinicians may be legally liable may originate in systemically defective institutional administration.

  13. School psychologists' knowledge of children's legal rights.

    PubMed

    Mcloughlin, C S; Lelless, D B

    1997-04-01

    School psychologists need a working knowledge of laws affecting children. This investigation was done to discover whether members of Ohio's school psychological association, including intern school psychologists who were functioning in a supervised capacity, are as knowledgeable about law as they need to be to avoid lawsuits. Participants completed a custom-designed questionnaire. Survey of Children's Legal Rights, including questions assessing knowledge of children's rights in relation to child abuse, suspension and expulsion, corporal punishment, rights in juvenile court, special education, freedom of religion and speech, search and seizure within school, divorce and child custody, school vandalism, and school attendance. Analysis indicated significant misconceptions about legal decisions; however, these school psychology practitioners have adequate legal knowledge about most of the surveyed themes excepting provisions for special education.

  14. [Do androids need a legal status?].

    PubMed

    Bioy, Xavier

    2013-12-01

    The existence of the subject of law is not an automatic allocation when the will and the autonomy are awarded, but a tool conferred by the legal system in order to protect the humanity (based on the presupposition of a consciousness that the human being remains to be the only one to have and to suppose at the others). He cannot involve thus of reducing the question of the status of the android to the simple recognition of an intelligence, besides artificial, but of denying the reasoning by analogy any real impact for the existence of a legal status. If specific status there would be, it will be only because the human being will have decided on it for his own legally protected interest. The status of the android will be metonymical, by inclusion in that of the human person, or will not be.

  15. Legalism, countertransference, and clinical moral perception.

    PubMed

    Rentmeester, Christy A; George, Constance

    2009-10-01

    This target article focuses on dynamics that arise in three typical ethically complex cases in which psychiatric consultations are requested by physicians: a dying patient refuses life-prolonging treatment, an uncooperative patient demands to be allowed to go outside and smoke, and an angry patient demands to be admitted to the hospital. The discussion canvasses what is at stake morally and clinically in each of these cases and explores clinician-patient interactions, dynamics in relationships between consulting physicians and consultant psychiatrists, patient transference, and physician countertransference. The article defines legalism and countertransference and argues that an ethically and clinically important consequence of these phenomena for patients is distortion of clinicians' perceptions of patients' decisions and vulnerabilities. The discussion also describes how legalism and countertransference adversely affect how clinicians treat their psychiatrist colleagues. Finally, the article suggests how the effects of legalism and countertransference can be mitigated.

  16. 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.

  17. 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.

  18. The Dutch Euthanasia Act: recent legal developments.

    PubMed

    Legemaate, Johan; Bolt, Ineke

    2013-12-01

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

  19. [Medico-legal assessment of systemic sclerosis].

    PubMed

    Graninger, M

    2007-10-01

    Diagnosis and management of the rare disease systemic sclerosis (scleroderma) is a challenge for the physician, not least due to the possible multitude of organ systems involved. The medico-legal assessment is important for the patient claiming insurance benefits or applying for early retirement due to scleroderma. Both the specialist for sclerosis and the impartial medico-legal assessor have to cooperate and understand the respective partner's requirements and terminology. Evaluations of individual organ impairments, handicaps and disabilities have to be taken into account when assessing the degree of impairment of occupational activity.

  20. 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…

  1. 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)

  2. 28 CFR 540.19 - Legal correspondence.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ....19 Judicial Administration BUREAU OF PRISONS, DEPARTMENT OF JUSTICE INSTITUTIONAL MANAGEMENT CONTACT... envelope of incoming legal mail (mail from courts or attorneys) to show the date and time of receipt, the date and time the letter is delivered to an inmate and opened in the inmate's presence, and the name of...

  3. 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…

  4. 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...

  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. 28 CFR 68.34 - Legal assistance.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Legal assistance. 68.34 Section 68.34 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF...

  7. The Legal Recognition of Sign Languages

    ERIC Educational Resources Information Center

    De Meulder, Maartje

    2015-01-01

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

  8. 16 CFR 600.2 - Legal effect.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... Practices FEDERAL TRADE COMMISSION THE FAIR CREDIT REPORTING ACT STATEMENTS OF GENERAL POLICY OR INTERPRETATIONS § 600.2 Legal effect. (a) The interpretations in the Commentary are not trade regulation rules or... statutory provisions. (b) The regulations of the Commission relating to the administration of the Fair...

  9. 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…

  10. 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…

  11. The Medicalization and Legalization of Child Abuse.

    ERIC Educational Resources Information Center

    Newberger, Eli H.; Bourne, Richard

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

  12. The Medicalization and Legalization of Child Abuse.

    ERIC Educational Resources Information Center

    Newberger, Eli H.; Bourne, Richard

    1978-01-01

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

  13. 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…

  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. 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…

  16. 40 CFR 52.1379 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 40 Protection of Environment 4 2010-07-01 2010-07-01 false Legal authority. 52.1379 Section 52.1379 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED... requirements of § 51.230(f) of this chapter are not met, since section 69-3918 of the Montana Clean Air Act...

  17. Legal and Ethical Aspects of Counseling.

    ERIC Educational Resources Information Center

    Taylor, Jane A.; And Others

    These five mazes, with instruction manual, are designed to facilitate counselors' understanding of potential consequences and their ability to make appropriate legal and ethical decisions as helping professionals. Each maze consists of a problem situation similar to ones that might actually occur in a counseling situation, followed by several…

  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 Education and the Contemporary Social Crisis.

    ERIC Educational Resources Information Center

    Kitch, Edmund W.

    Society is questioning the role of law and of legal education. The law curriculum is attacked for being oriented toward subject matter likely to produce retainers, and not to the quality of life for the citizen and consumer. Law teachers are accused of assuming a "hard nosed" stance in their teaching, debunking whatever passions students bring to…

  20. Toward Balancing the Goals of Legal Education.

    ERIC Educational Resources Information Center

    Rowles, James P.

    1981-01-01

    The boredom of law students in their second and third years raises questions about the meaningfulness and appropriateness of traditional courses and the place of clinical and interdisciplinary courses in the curriculum. Seven curriculum priorities were identified, among them: legal history, social sciences, economics, international law, and…

  1. Legal Bases for Dealing with Academic Dishonesty

    ERIC Educational Resources Information Center

    Bricault, Dennis

    2007-01-01

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

  2. 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,…

  3. 40 CFR 52.2173 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

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

  4. 40 CFR 52.2173 - Legal authority.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

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

  5. 40 CFR 52.2173 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

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

  6. 40 CFR 52.2173 - Legal authority.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

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

  7. 40 CFR 52.2173 - Legal authority.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

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

  8. Legal conceptions: regulating gametes and gamete donation.

    PubMed

    O'Donnell, K

    2000-01-01

    The growing scope of gamete donation and the manipulation of gametes makes it essential to develop a coherent theory of the nature of gametes and the claims which may be made in relation to them. The nature of gametes is ambiguous, they blur the distinctions between persons and property, but the current legal framework which governs gamete donation and manipulation fails to address their status. This leaves unanswered fundamentally important questions about control of processes involving gametes and rights to use or control the gametes themselves and the information which they represent. These are claims which are rooted in the concept of property. A property based analysis highlights the themes of autonomy, personhood and control which lie at the heart of the claims made in relation to gametes and an account based on the notion of property for personhood offers a more coherent justification for recognising claims in gametes and mediating disputes. This perspective exposes the inadequacies and inconsistencies of the legal construction of gametes and the legal regulation of gamete donation. The present legal framework has not sought to develop a coherent construction of gametes, but to constrain the practices of the assisted reproductive technologies (including gamete donation) within a framework which is presented as least damaging to the traditional ideologies of the creation of the family.

  9. 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…

  10. 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…

  11. 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…

  12. 40 CFR 52.324 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... PROMULGATION OF IMPLEMENTATION PLANS Colorado § 52.324 Legal authority. (a) The requirements of § 51.230(f) of... authority: Pursuant to section 114 of the Act, Colorado requested a delegation of authority to enable it to... amount of their emissions. The Administrator has determined that Colorado is qualified to receive a...

  13. 40 CFR 52.324 - Legal authority.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... PROMULGATION OF IMPLEMENTATION PLANS Colorado § 52.324 Legal authority. (a) The requirements of § 51.230(f) of... authority: Pursuant to section 114 of the Act, Colorado requested a delegation of authority to enable it to... amount of their emissions. The Administrator has determined that Colorado is qualified to receive a...

  14. 40 CFR 52.324 - Legal authority.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... PROMULGATION OF IMPLEMENTATION PLANS Colorado § 52.324 Legal authority. (a) The requirements of § 51.230(f) of... authority: Pursuant to section 114 of the Act, Colorado requested a delegation of authority to enable it to... amount of their emissions. The Administrator has determined that Colorado is qualified to receive a...

  15. 40 CFR 52.324 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... PROMULGATION OF IMPLEMENTATION PLANS Colorado § 52.324 Legal authority. (a) The requirements of § 51.230(f) of... authority: Pursuant to section 114 of the Act, Colorado requested a delegation of authority to enable it to... amount of their emissions. The Administrator has determined that Colorado is qualified to receive a...

  16. 40 CFR 52.324 - Legal authority.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... PROMULGATION OF IMPLEMENTATION PLANS Colorado § 52.324 Legal authority. (a) The requirements of § 51.230(f) of... authority: Pursuant to section 114 of the Act, Colorado requested a delegation of authority to enable it to... amount of their emissions. The Administrator has determined that Colorado is qualified to receive a...

  17. Archiving the Web--Some Legal Aspects.

    ERIC Educational Resources Information Center

    Kavcic-Colic, Alenka

    Technological development has changed the concepts of a publication, reproduction and distribution. The legislation, together with the Legal Deposit Law does not incorporate these changes, and is very restrictive in the sense of protecting the rights of authors of all electronic publications. National libraries and national archival institutions,…

  18. Top 10 Campus Legal Issues for Boards

    ERIC Educational Resources Information Center

    White, Lawrence

    2015-01-01

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

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

    ERIC Educational Resources Information Center

    Bailey, Kirk A.; Ross, Catherine J.

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

  20. 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…

  1. 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)

  2. 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"…

  3. 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…

  4. 33 CFR 326.5 - Legal action.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... Navigation and Navigable Waters CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF DEFENSE ENFORCEMENT § 326.5 Legal action. (a) General. For cases the district engineer determines to be appropriate, he will... engineer's opinion, are willful, repeated, flagrant, or of substantial impact. (b) Preparation of case. If...

  5. 33 CFR 326.5 - Legal action.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... Navigation and Navigable Waters CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF DEFENSE ENFORCEMENT § 326.5 Legal action. (a) General. For cases the district engineer determines to be appropriate, he will... engineer's opinion, are willful, repeated, flagrant, or of substantial impact. (b) Preparation of case. If...

  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, in...

  7. 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, in...

  8. 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, in...

  9. 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, in...

  10. 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, in...

  11. 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…

  12. 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…

  13. 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…

  14. 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…

  15. 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…

  16. 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)…

  17. 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...

  18. Legal Issues in Experience Based Career Education.

    ERIC Educational Resources Information Center

    Rehmann, Arnold

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

  19. 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…

  20. 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…

  1. 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)

  2. A Legal Guide for Student Affairs Professionals.

    ERIC Educational Resources Information Center

    Kaplin, William A.; Lee, Barbara A.

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

  3. Student Disciplinary Issues: A Legal Compendium.

    ERIC Educational Resources Information Center

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

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

  4. 40 CFR 52.225 - Legal authority.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 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 § 51.230(c) of this chapter are not met since the State Emergency Services Act does not apply to air pollution...

  5. 40 CFR 52.225 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 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 § 51.230(c) of this chapter are not met since the State Emergency Services Act does not apply to air pollution...

  6. 40 CFR 52.225 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 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 § 51.230(c) of this chapter are not met since the State Emergency Services Act does not apply to air pollution...

  7. The Legality of School Vouchers: Round Two

    ERIC Educational Resources Information Center

    McCarthy, Martha

    2006-01-01

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

  8. 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…

  9. The Legal Implications of Fraternity Hazing.

    ERIC Educational Resources Information Center

    Richmond, Douglas R.

    1989-01-01

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

  10. 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)...

  11. 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)...

  12. Legal Protections Gay Students Must Receive

    ERIC Educational Resources Information Center

    Underwood, Julie

    2004-01-01

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

  13. 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…

  14. 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…

  15. 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

  16. 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…

  17. HIV, drugs and the legal environment

    PubMed Central

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

    2014-01-01

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

  18. Legal 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…

  19. 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.

  20. 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...

  1. 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)

  2. 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…

  3. 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…

  4. 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...

  5. 14 CFR 1203.100 - Legal basis.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 14 Aeronautics and Space 5 2012-01-01 2012-01-01 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) Section...

  6. 14 CFR 1203.100 - Legal basis.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 14 Aeronautics and Space 5 2010-01-01 2010-01-01 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) Section...

  7. 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…

  8. Legal Liability: When Is the Union Responsible?

    ERIC Educational Resources Information Center

    Barr, Margaret J.

    1986-01-01

    Issues concerning legal liability for college student unions are examined, and guidelines are presented to reduce the risk of liability claims exposure for both the individual and the institution. General information is provided on: tort liability, civil rights liability, criminal liability, and contractual liability. In determining the potential…

  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. 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)

  11. 40 CFR 52.2224 - Legal authority.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ...) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Tennessee § 52.2224 Legal authority. (a) The... chapter are not met since the definition of person set forth in the Tennessee Air Quality Act and in the... 53-3409(f) of the Tennessee Code Annotated and section 30 of Chapter II of the Tennessee Air...

  12. 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…

  13. 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...

  14. 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...

  15. 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...

  16. 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...

  17. 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…

  18. 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...

  19. 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...

  20. 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...

  1. 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...

  2. 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...

  3. 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...

  4. 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…

  5. 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…

  6. 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…

  7. 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,…

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

    ERIC Educational Resources Information Center

    Hall, Julia, Ed.; And Others

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

  9. [Legal competence problems among general practitioners].

    PubMed

    Vassbø, Børge; Hagen, Harald Ravn; Hunskår, Steinar

    2005-08-25

    We wanted to investigate to what extent Norwegian general practitioners (GPs) working within a patient list system have patients who they are legally incompetent to treat, what services they offer these patients, and what attitudes a representative sample of the GPs has towards situations where one is asked to offer services to such patients. A questionnaire was sent to 622 randomly chosen GPs. We registered sex, age, list size, size of the local community and health region for every practice. For eight hypothetical situations, we recorded whether the doctor clearly, probably or hardly would offer services. About one quarter of the doctors had their spouses and own children below 18 on their list. Many had secretaries or colleagues on the list. From 18% to 31% of the doctors confirmed that they have prescribed reimbursable prescription drugs to one such patient. There were great variations in views on legal competence to treat in these hypothetical situations. GPs encounter problems of legal competence to treat. Many were of the view that a pragmatic approach is needed in day-to-day general practice. GPs should be aware of their own practice and aware of both legal competence problems and other challenges induced by having family, close friends and co-workers on the list.

  10. 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…

  11. Ethical and Legal Challenges of Technology.

    ERIC Educational Resources Information Center

    Shaughnessy, Mary Angela

    1995-01-01

    Discusses three ethical and legal challenges of technology: issues of accessibility and equality, the appropriateness of materials available to young people on the Internet, and matters relating to copyright and the licensing of software users. States that educators and parents must make a collaborative effort to address these concerns. (DJM)

  12. Legal Secretary: Task List Competency Record.

    ERIC Educational Resources Information Center

    Minnesota Instructional Materials Center, White Bear Lake.

    One of a series of 12 in the secretarial/clerical area, this booklet for the vocational instructor contains a job description for the legal secretary, a task list of areas of competency, an occupational tasks competency record (suggested as replacement for the traditional report card), a list of industry representatives and educators involved in…

  13. Lessons in Political and Legal Terminology.

    ERIC Educational Resources Information Center

    Jenkins, Earl N.

    These lessons are designed to familiarize students with political and legal terminology through memorization and testing. Students are required to take notes on the terms and definitions given in class on 3 by 5 cards to file alphabetically at home. They are also instructed to keep a notebook of the terms to bring to class and memorize. After one…

  14. 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…

  15. 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…

  16. "Appropriate" School Programs: Legal vs. Educational Approaches.

    ERIC Educational Resources Information Center

    Carlson, Steven

    1985-01-01

    The author distinguishes between legally and educationally appropriate education and offers guidelines to evaluate program appropriateness where quality of learning is the central concern. Guidelines touch on program uniqueness, long-range benefit, high expectations, use of effective instructional techniques, goal orientation, adequate teacher…

  17. 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,…

  18. 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

  19. 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…

  20. 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…

  1. 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)

  2. Legalism and Accountability in the 1980s.

    ERIC Educational Resources Information Center

    Rollins, Charles E.

    1980-01-01

    Cites several legal doctrines that have gained currency in the light of recent court actions in academic areas. Provides examples of suits and court rulings covering a wide range of student and parental concerns. Discusses the implications for college administrators and teachers. (AYC)

  3. 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,...

  4. 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,...

  5. 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,...

  6. 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,...

  7. 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,...

  8. 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)

  9. 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…

  10. Major Legal Aspects of Sex Education.

    ERIC Educational Resources Information Center

    Bartoo, Jean

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

  11. [Cancer screening: medico-legal aspects].

    PubMed

    Buzzi, F

    2003-01-01

    The cancer screening programmes need a particular considerations for their medico-legal implications: above all in order to the information toward the persons recruited, those must be aware about their diagnostic limits and about the ineluctable recurrence of false positive and false negative results.

  12. [The legal framework to prevent teenage pregnancies].

    PubMed

    Leal, Ingrid; Luttges, Carolina; Troncoso, Paulina; Leyton, Carolina; Molina, Temistocles; Eguiguren, Pamela

    2016-05-01

    There are legal regulations about sexual and reproductive rights of adolescents. However, this legal framework (LF) may have contradictory elements: there are laws assuring confidentiality and access to contraception at any age but there are other laws that consider any sexual contact with an adolescent younger than 14 a sexual assault, whose report to the legal authorities in mandatory. To explore the knowledge and clinical practice of primary health care (PHC) providers regarding prevention of teenage pregnancy. Qualitative study collecting data using semi-structured interviews made to midwives and directors of PHC centers. Analysis of the data was based on Grounded Theory. There is a differentiated clinical care for pregnancy prevention among adolescents if they are over 14 years old. This is due to the LF, specifically to the sexual crime’s law (19,927) and the law about regulation of the fertility (20,418). The differences affect health care, access and counseling about contraception and confidentiality. Healthcare of teenagers under the age of 14 is perceived as problematic for providers, due to the possible legal implications. The LF causes insecurity on health care providers and derives in a differentiated clinical approach according to the patient´s age. This is a barrier to provide timely and confidential access to counseling and contraception.

  13. 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…

  14. 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…

  15. 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…

  16. 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…

  17. 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

  18. 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

  19. 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

  20. 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.

  1. 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...

  2. 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...

  3. 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...

  4. 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...

  5. 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...

  6. 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

  7. 5 CFR 1604.9 - Court orders and legal processes.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ..., annulment, or legal separation, and is subject to legal process relating to child support, alimony, or child abuse. The TSP will make a payment from a service member's account under such orders or processes...

  8. 5 CFR 1604.9 - Court orders and legal processes.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ..., annulment, or legal separation, and is subject to legal process relating to child support, alimony, or child abuse. The TSP will make a payment from a service member's account under such orders or processes...

  9. 5 CFR 1604.9 - Court orders and legal processes.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ..., annulment, or legal separation, and is subject to legal process relating to child support, alimony, or child abuse. The TSP will make a payment from a service member's account under such orders or processes...

  10. 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)

  11. 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....

  12. 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)

  13. 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)

  14. 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)

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

    NASA Technical Reports Server (NTRS)

    Hosenball, S. N.

    1978-01-01

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

  16. 17 CFR 45.6 - Legal entity identifiers

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... persistence of the legal entity identifier, it shall have a format consisting of a single data field, and...) Persistence. The legal entity identifier assigned to an entity shall persist despite all corporate events...

  17. 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).

  18. [Current legal framework conditions for running and utilization of biobanks : part 1: legal principles].

    PubMed

    Haier, J

    2013-09-01

    Research biomaterial banks (biobanks) are institutions which collect and prepare samples of human bodily substances (e.g. cells, tissues, body fluids and isolates from them), store personal, health and problem-related data of donors, collate samples and data and make them available in a suitable form for research purposes. The valid legal norms for the utilization and running of biobanks are complex and sometimes necessitate an assessment by the legal guardian.

  19. 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.

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

    PubMed

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

    2017-06-01

    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