28 CFR 68.57 - Judicial review of the final agency order of an Administrative Law Judge in cases arising under...

Code of Federal Regulations, 2012 CFR

2012-07-01

... 28 Judicial Administration 2 2012-07-01 2012-07-01 false Judicial review of the final agency order of an Administrative Law Judge in cases arising under section 274B. 68.57 Section 68.57 Judicial... BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF ALIENS, UNFAIR...

28 CFR 68.57 - Judicial review of the final agency order of an Administrative Law Judge in cases arising under...

Code of Federal Regulations, 2014 CFR

2014-07-01

... 28 Judicial Administration 2 2014-07-01 2014-07-01 false Judicial review of the final agency order of an Administrative Law Judge in cases arising under section 274B. 68.57 Section 68.57 Judicial... BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF ALIENS, UNFAIR...

28 CFR 68.57 - Judicial review of the final agency order of an Administrative Law Judge in cases arising under...

Code of Federal Regulations, 2011 CFR

2011-07-01

... 28 Judicial Administration 2 2011-07-01 2011-07-01 false Judicial review of the final agency order of an Administrative Law Judge in cases arising under section 274B. 68.57 Section 68.57 Judicial... BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF ALIENS, UNFAIR...

20 CFR 416.1484 - Appeals Council review of administrative law judge decision in a case remanded by a Federal court.

Code of Federal Regulations, 2011 CFR

2011-04-01

... proceedings leading to the final decision in your case or subsequently considered by the administrative law... reason to change the decision of the administrative law judge, it will issue a notice to you addressing your exceptions and explaining why no change in the decision of the administrative law judge is...

20 CFR 416.1484 - Appeals Council review of administrative law judge decision in a case remanded by a Federal court.

Code of Federal Regulations, 2010 CFR

2010-04-01

... proceedings leading to the final decision in your case or subsequently considered by the administrative law... reason to change the decision of the administrative law judge, it will issue a notice to you addressing your exceptions and explaining why no change in the decision of the administrative law judge is...

On Faraday's law in the presence of extended conductors

NASA Astrophysics Data System (ADS)

Bilbao, Luis

2018-06-01

The use of Faraday's Law of induction for calculating the induced currents in an extended conducting body is discussed. In a general case with arbitrary geometry, the solution to the problem of a moving metal object in the presence of a magnetic field is difficult and implies solving Maxwell's equations in a time-dependent situation. In many cases, including cases with good conductors (but not superconductors) Ampère's Law can be neglected and a simpler solution based solely in Faraday's law can be obtained. The integral form of Faraday's Law along any loop in the conducting body is equivalent to a Kirkhhoff's voltage law of a circuit. Therefore, a numerical solution can be obtained by solving a linear system of equations corresponding to a discrete number of loops in the body.

International Law and the Society of Nations: An Introduction to Public International Law in the 1990s. Cases and Materials.

ERIC Educational Resources Information Center

King, Jason Scott, Ed.; Scurti, Jason, Ed.; And Others

This casebook on international law was developed by high school students around the globe and emphasizes the important role that students can play in furthering international law education. The text provides teachers and students with a summary review of 25 major cases heard by the International Court of Justice, along with additional materials.…

The Relevance of History of Biology to Teaching and Learning in the Life Sciences: The Case of Mendel's Laws

ERIC Educational Resources Information Center

Dagher, Zoubeida R.

2014-01-01

Using Mendel's laws as a case in point, the purpose of this paper is to bring historical and philosophical perspectives together to help students understand science as a human endeavor. Three questions as addressed: (1) how did the Mendelian scheme, principles, or facts become labeled as laws, (2) to what extent do Mendel's laws exhibit…

ACHP | Federal Historic Preservation Case Law, 1966-2000

Science.gov Websites

of cases from 1996 to 2000. Federal Historic Preservation Case Law, 1966-2000 features an essay on authorities, and procedural issues in litigating preservation cases. It continues with 158 chronologically arranged digests of cases decided in Federal courts since 1966. Extensive footnotes, tables, and a

A test for mental capacity to request assisted suicide.

PubMed

Stewart, Cameron; Peisah, Carmelle; Draper, Brian

2011-01-01

The mental competence of people requesting aid-in-dying is a key issue for the how the law responds to cases of assisted suicide. A number of cases from around the common law world have highlighted the importance of competence in determining whether assistants should be prosecuted, and what they will be prosecuted for. Nevertheless, the law remains uncertain about how competence should be tested in these cases. This article proposes a test of competence that is based on the existing common law but which is tailored to cases of assisted suicide. The test will help doctors, other health professionals and lawyers determine whether the suicidal person was able to competently request assistance. Such knowledge will help to reduce some of the current uncertainty about criminal liability in cases of assisted suicide.

5 CFR 2421.9 - Administrative Law Judge.

Code of Federal Regulations, 2013 CFR

2013-01-01

... 5 Administrative Personnel 3 2013-01-01 2013-01-01 false Administrative Law Judge. 2421.9 Section... Administrative Law Judge. Administrative Law Judge means the Chief Administrative Law Judge or any Administrative Law Judge designated by the Chief Administrative Law Judge to conduct a hearing in cases under 5 U.S.C...

Critical Issues in School Law.

ERIC Educational Resources Information Center

Lewis, Larry

This publication summarizes and explains education-related court decisions in an effort to supply school people with guidelines in determining how school law applies to specific situations in their school districts. Although there is some emphasis on Oklahoma law, cases cited originated in all parts of the United States. Cases cited concern civil…

The Italian regulation on Assisted Reproductive Technologies facing the European Court of Human Rights: the case of Costa and Pavan v. Italy.

PubMed

Penasa, Simone

2012-01-01

This article will describe the current legal framework on Assisted Reproduction Technology (ART) regulation in Italy, taking into account recent case-law derived from the implementation of the Law 40 of 2004 on ART. Special attention will be devoted to the case of Costa and Pavan v. Italy, recently decided by the Tenth Session of the European Court of Human Rights (ECtHR). In that decision, the European Court declared the incompatibility of the ban to pre-implantation genetic diagnosis introduced by the abovementioned Italian law on ART. The case will be analysed from a dual perspective. On the one hand, it will be considered in the light of the ECtHR case-law, in order to derive systematic aspects of continuity or discontinuity between the former and the latter2. On the other hand, the case will be considered in the light of its concrete and prospective impact on the Italian legal approach to ART regulation, considering especially the direct and indirect influence of the case: e.g., its possible utilisation by Italian judges when they are called upon to implement Law 40.

Timing of entry to care by newly diagnosed HIV cases before and after the 2010 New York State HIV testing law.

PubMed

Gordon, Daniel E; Bian, Fuqin; Anderson, Bridget J; Smith, Lou C

2015-01-01

Prompt entry to care after HIV diagnosis benefits the infected individual and reduces the likelihood of further transmission of the virus. The New York State HIV Testing Law of 2010 requires diagnosing providers to refer persons newly diagnosed with HIV to follow-up medical care. This study used routinely collected HIV-related laboratory data from the New York State HIV surveillance system to assess whether the fraction of newly diagnosed cases entering care within 90 days of diagnosis increased after the implementation of the law. Laboratory data on 23,302 newly diagnosed cases showed that entry to care within 90 days rose steadily from 72.0% in 2007 to 85.4% in 2012. The rise was observed across all race/ethnic groups, ages, transmission risk groups, sexes, and regions of residence. Logistic regression analyses of entry to care pre-law and post-law, controlling for demographic characteristics, transmission risk, and geographic area, indicate that percentage of newly diagnosed cases entering care within 90 days grew more rapidly in the post-law period. This is consistent with a positive effect of the law on entry to care.

Prescription opioid forgery: reporting to law enforcement and protection of medical information.

PubMed

Singh, Naileshni; Fishman, Scott; Rich, Ben; Orlowski, Anna

2013-06-01

To review confidentiality requirements of prescribers who become aware of a forged prescription. A case is reviewed in which a prescriber believes that a prescription has been forged. The literature and law related to prescription forgery and confidentiality are reviewed. Although prescription forgery is a crime, the prescriber's responsibility for reporting to law enforcement is not clear under current state and federal law. Federal laws and regulations, including the Health Insurance Portability and Accountability Act (HIPAA), do not permit prescribers in all circumstances to disclose prescription fraud to law enforcement. Under common circumstances, HIPAA may prohibit prescribers from reporting prescription forgery to law enforcement. However, collaborating with a dispensing pharmacist may offer a lawful pathway to reporting prescription forgery. State legislature may consider laws that clarify the reporting responsibilities of prescribers in cases of prescription forgery. Wiley Periodicals, Inc.

JPRS Report, China, Provincial Government Work Reports.

DTIC Science & Technology

1992-06-19

with the law , and be determined to curb the rising momentum of ferocious criminal cases. We must control various social trends in good time...public security took a favorable turn. A number of cases involving violation of discipline and law were cracked and dealt with, and new results... law , be conscious in abiding by state laws and regulations, and subject themselves to the supervision of the people’s congresses and their standing

A Guide to Resources and Sources of Information for Acquisition Research

DTIC Science & Technology

1980-01-01

State, and Federal, plus the full text of all Federal cases from 1961. Public contract law decisions are included in the case files. (9) LEXIS, Mead...expensive and would be difficult to justify simply for research in public contract law . On the other hand, law schools or organizations with...reflecting a particular emphasis in the area of Government contract law . In addition to a comprehensive collection of statutes, opinions and

Mental Retardation and the Law: A Report on Status of Current Court Cases.

ERIC Educational Resources Information Center

Friedman, Paul

The document reports on five new cases and updates information on 29 previously reported cases regarding mental retardation and the law. Cases are divided into the following categories: classification, commitment, confidentiality, education, employment, protection from harm, sterilization, treatment, and zoning. Listed separately, by the above…

20 CFR 416.1448 - Deciding a case without an oral hearing before an administrative law judge.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Deciding a case without an oral hearing before an administrative law judge. 416.1448 Section 416.1448 Employees' Benefits SOCIAL SECURITY... Review Process, and Reopening of Determinations and Decisions Administrative Law Judge Hearing Procedures...

20 CFR 404.948 - Deciding a case without an oral hearing before an administrative law judge.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Deciding a case without an oral hearing before an administrative law judge. 404.948 Section 404.948 Employees' Benefits SOCIAL SECURITY... Process, and Reopening of Determinations and Decisions Administrative Law Judge Hearing Procedures § 404...

Employment Discrimination in Higher Education--A Review of the Case Law from 2000.

ERIC Educational Resources Information Center

Bodensteiner, Jill

2002-01-01

Reviews employment discrimination cases in higher education in 2000, which included an overwhelming number of retaliation and denial of promotion to tenure claims; case law also included age discrimination, religious discrimination, and sexual harassment issues, and a handful of wage discrimination cases. Courts also continued to explore the…

An Update of Judicial Rulings Specific to FBAs or BIPs under the IDEA and Corollary State Laws

ERIC Educational Resources Information Center

Zirkel, Perry A.

2017-01-01

Exemplifying the insufficient treatment of legal issues in refereed journals in special education and related fields, the limited legal coverage of functional behavioral assessments (FBAs) and behavior intervention plans (BIPs) tends to view the applicable case law through normative lenses. This skewed view characterizes the case law as requiring…

Implementation failures in the use of two New Zealand laws to control the tobacco industry: 1989–2005

PubMed Central

Thomson, George; Wilson, Nick

2005-01-01

Background We reviewed the implementation of New Zealand laws in relation to the activities of the tobacco industry and their allies. Material for two brief case studies was obtained from correspondence with official agencies, official information requests, internet searches (tobacco industry documents and official government sites), and interviews with 12 key informants. Results The first case study identified four occasions over a period of 14 years where New Zealand Government agencies appeared to fail to enforce consumer protection law, although apparent breaches by the tobacco industry and their allies had occurred in relation to statements on the relative safety of secondhand smoke. The second case study examined responses to a legal requirement for the tobacco industry to provide information on tobacco additives. There was failure to enforce the law, and a failure of the political process for at least 13 years to clarify and strengthen the law. Relevant factors in both these cases of 'policy slippage' appear to have been financial and opportunity costs of taking legal action, political difficulties and the fragmented nature of government structures. Conclusion Considered together, these case studies suggest the need for governments to: (i) make better use of national consumer laws (with proper monitoring and enforcement) in relation to tobacco; and (ii) to strengthen international law and resources around tobacco-related consumer protection. A number of options for achieving these aims are available to governments. PMID:16354296

Harnessing the power of multimedia in offender-based law enforcement information systems

NASA Astrophysics Data System (ADS)

Zimmerman, Alan P.

1997-02-01

Criminal offenders are increasingly administratively processed by automated multimedia information systems. During this processing, case and offender biographical data, mugshot photos, fingerprints and other valuable information and media are collected by law enforcement officers. As part of their criminal investigations, law enforcement officers are routinely called to solve criminal cases based upon limited evidence . . . evidence increasingly comprised of human DNA, ballistic casings and projectiles, chemical residues, latent fingerprints, surveillance camera facial images and voices. As multimedia systems receive greater use in law enforcement, traditional approaches used to index text data are not appropriate for images and signal data which comprise a multimedia database. Multimedia systems with integrated advanced pattern matching tools will provide law enforcement the ability to effectively locate multimedia information based upon content, without reliance upon the accuracy or completeness of text-based indexing.

Mental Retardation and the Law: A Report on Status of Current Court Cases. July 1978.

ERIC Educational Resources Information Center

President's Committee on Mental Retardation, Washington, DC.

The issue contains reports on seven new court cases regarding mental retardation and the law and updated information on 35 cases previously reported. Cases concern such issues as classification, commitment, education, employment, sterilization, and treatment. Also included is a feature article on the implications of Halderman v Pennhurst State…

Booster seat laws and child fatalities: a case-control study.

PubMed

Farmer, P; Howard, A; Rothman, L; Macpherson, A

2009-10-01

A case-control study examined, primarily, the association between booster seat laws and fatalities among children in frontal collisions and, secondarily, the association between booster seat laws and reported restraint use, and restraint use and child fatalities. Children who died in a crash in the US were cases, and children who survived a fatal crash were controls. Subjects were child passengers (4-8 years old) in the Fatality Analysis Reporting System Database, 1995-2005. In states with a booster seat law, children were less likely to die than in states without a law (OR 0.80; 95% CI 0.66 to 0.98). They were also more likely to be restrained (adjusted OR 1.59; 95% CI 1.21 to 2.09) and were more likely to be correctly restrained (adjusted OR 4.44; 95% CI 3.18 to 6.20). It is concluded that booster seat laws are associated with a decrease in child deaths and an increase in correct restraint use among children involved in a fatal crash in the USA.

Are Law Schools Poised for Innovation? Three Case Studies of Law Professors Teaching Online in American J.D. Programs

ERIC Educational Resources Information Center

Jaworowski, Susan

2013-01-01

The purpose of this qualitative case study is to describe the characteristics of three law professors teaching online courses to determine what type of adopter they were. This study used the Rogers diffusion of innovation theory, and specifically analyzed the participants on whether they were innovators or early adopters. These analyses are…

Shaping the Negro Revolution Through Court Decisions, 1964-1966.

ERIC Educational Resources Information Center

Gill, Robert L.

1967-01-01

In a two year period the Congress enacted a series of laws which had a profound effect on the Negro revolution. Discussed in this document are the cases which were brought to the Supreme Court to either challenge the constitutionality of these laws or to appeal for reversal of lower court decisions on the basis of the laws. Cited are cases based…

A Law of Physics in the Classroom: The Case of Ohm's Law

ERIC Educational Resources Information Center

Kipnis, Nahum

2009-01-01

Difficulties in learning Ohm's Law suggest a need to refocus it from the law for a part of the circuit to the law for the whole circuit. Such a revision may improve understanding of Ohm's Law and its practical applications. This suggestion comes from an analysis of the history of the law's discovery and its teaching. The historical materials this…

Mental Retardation and the Law: A Report on Status of Current Court Cases.

ERIC Educational Resources Information Center

Levine, Jan Martin, Ed.

Brief reports on the status of approximately 75 ongoing or recently decided court cases in states of relevance to the mentally retarded are provided. Cases cover the following issues: commitment, community living and services, criminal law, discrimination, guardianship, institutions and deinstitutionalization, medical/legal issues, parental rights…

A qualitative analysis of student-written law and ethics cases: A snapshot of PY2 student experience.

PubMed

Karwaki, Tanya E; Hazlet, Thomas K

2017-05-01

This study was designed to better understand pharmacy students' experiences and recognition of legal and ethical tensions existing in pharmacy practice as demonstrated in student-written law and ethics cases. A qualitative analysis of 132 student-written cases representing the team efforts of 1053 students over a 12-year time period was conducted. Student-written cases were coded and analyzed thematically. Our results demonstrate the types of ethical and legal issues our students have experienced in pharmacy practice during the first five quarters of their professional education. Our data highlight three themes: 1) ethical dilemmas presented when the law is misapplied; 2) ethical dilemmas presented when an institutional policy or law was viewed as insufficient; and 3) ethical dilemmas presented as provider distress. The third theme was further subdivided into five subthemes. The themes that emerged from this study represent some of the ethical dilemmas that second professional year students have encountered and how these dilemmas may intersect with legal boundaries. Educators can use cases demonstrating these themes to reinforce law and ethics education in the curriculum, thus helping prepare students for pharmacy practice. This article recommends how and when to use case examples. Copyright © 2017 Elsevier Inc. All rights reserved.

Euthanasia: is there a case for changing the law?

PubMed

Griffith, Richard

2007-06-01

Calls for a change in the law to allow strictly controlled forms of voluntary euthanasia and assisted dying in the United Kingdom continue following two recent cases. In this article Richard Griffith reviews the current stance of the law on euthanasia and assisted dying and discusses attempts at reform made by Lord Joffe in the Assisted Dying for the Terminally Ill Bill 2005 (HL).

Electronic Mail, Privacy, and the Electronic Communications Privacy Act of 1986: Technology in Search of Law.

ERIC Educational Resources Information Center

Samoriski, Jan H.; And Others

1996-01-01

Attempts to clarify the status of e-mail privacy under the Electronic Communications Privacy Act of 1986 (ECPA). Examines current law and the paucity of definitive case law. A review of cases and literature suggests there is a gap in the existing ECPA that allows for potentially abusive electronic monitoring and interception of e-mail,…

28 CFR 68.53 - Review of an interlocutory order of an Administrative Law Judge in cases arising under section...

Code of Federal Regulations, 2010 CFR

2010-07-01

... proceedings. Review of an Administrative Law Judge's interlocutory order will not stay the proceeding unless... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Review of an interlocutory order of an Administrative Law Judge in cases arising under section 274A or 274C. 68.53 Section 68.53 Judicial Administration...

Privacy Law As It Affected Journalism, 1890-1978: Privacy Is a Visual Tort.

ERIC Educational Resources Information Center

Dow, Caroline

To determine the treatment of visual journalism by privacy law from the origins of privacy law in 1890 until 1978, an analysis was made of the mass media legal cases occurring between those years. The cases were subjectively divided into three categories: those that established or extended a freedom of the press or the right of a defendant to…

Implications of Recent Court Decisions Involving Rights and Responsibilities on the Campus.

ERIC Educational Resources Information Center

Paulsen, Monrad G.

The US has witnessed an enormous federalization of protective devices in the field of criminal law and an expanded interpretation of the first 8 Bill of Rights provisions in recent years. Since the Supreme Court approaches college cases and criminal law cases in the same manner, it is important to know what is happening to the shape of the law. At…

The LIC Planners’s Guide (LPG)

DTIC Science & Technology

1992-03-01

administrative and contract law . 2. ASSIST IN CRIMINAL LAW: Assist Host Nation/Allied governments in filing and processing cases for redress of property and...forces to assist in administrative/ contract law , assist in criminal law, assist in claims, provide legal assistance, and to provide assistance in...SERVICES (LFA): 11-8 ASSIST IN ADMINISTRATIVE/ CONTRACT LAW : 11-8 ASSIST IN CLAIMS: 11-8 ASSIST IN CRIMINAL LAW: 11-8 PROVIDE INTERNATIONAL LAW

A Descriptive Analysis of Tactical Casualty Care Interventions Performed by Law Enforcement Personnel in the State of Wisconsin, 2010-2015.

PubMed

Stiles, Chad M; Cook, Christopher; Sztajnkrycer, Matthew D

2017-06-01

Introduction Based upon military experience, law enforcement has developed guidelines for medical care during high-threat conditions. The purpose of the current study was to provide a descriptive analysis of reported outcomes of law enforcement medical interventions. This was a descriptive analysis of a convenience sample of cases submitted to the Wisconsin Tactical Medicine Initiative (Wisconsin USA), after the provision of successful patient care, between January 2010 and December 2015. The study was reviewed by the Mayo Foundation Institutional Review Board (Rochester, Minnesota USA) and deemed exempt. Nineteen agencies submitted information during the study period. Of the 56 episodes of care reported, four (7.1%) cases involved care provided to injured officers while 52 (92.9%) involved care to injured civilians, including suspects. In at least two cases, on-going threats existed during the provision of medical care to an injured civilian. Law enforcement rendered care prior to Emergency Medical Services (EMS) arrival in all but two cases. The current case series demonstrates the life-saving potential for law enforcement personnel trained and equipped under current Tactical Combat Casualty Care (TCCC)/ Committee on Tactical Emergency Casualty Care (C-TECC) tactical casualty care guidelines. Although originally developed to save the lives of wounded combat personnel, in the civilian sector, the training appears more likely to save victims rather than law enforcement personnel. Stiles CM , Cook C , Sztajnkrycer MD . A descriptive analysis of tactical casualty care interventions performed by law enforcement personnel in the State of Wisconsin, 2010-2015. Prehosp Disaster Med. 2017;32(3):284-288.

Postmortem sperm procurement: a legal perspective.

PubMed

Kahan, S E; Seftel, A D; Resnick, M I

1999-06-01

Postmortem sperm procurement with subsequent artificial insemination has become a technically feasible method for posthumous conception. A variety of legal questions exist involving the rights and relationships of the deceased, his family and his issue. We addressed these questions and designed a workable protocol for postmortem sperm procurement. MEDLINE, WESTLAW and LEXIS medical literature, and case law searches were conducted. United States and international case law, United States (federal and state) statutes, Uniform Law Commissions Acts, and law review commentaries and articles were reviewed. While postmortem sperm procurement is being requested throughout the United States, no standard protocol or procedural guidelines have been established by federal or state statute. Furthermore, the courts have not yet addressed this specific scenario in reported case law. Statutes and case law do address related factual scenarios and issues, including property rights in human bodies, rules governing transplantation of human organs/body parts, rights of parties in in vivo sperm bank donations and responsibilities of parents to the conceptus of artificial insemination. A workable protocol can be established by analyzing case law and statutes addressing factually similar scenarios. Urologists must focus on the express intent of the decedent and limit any postmortem sperm retrieval to the specific requests made by the decedent. Decedent requests should be documented in writing. The decedent must be competent and of majority age. In the absence of decedent expressed affirmative directive calling for sperm retrieval, no other relative or guardian may authorize this retrieval. Issues regarding the legitimacy and inheritance rights of the conceptus will most consistently be addressed when explicitly provided for in the will of the decedent.

78 FR 75251 - Changes To Implement the Patent Law Treaty; Correction

Federal Register 2010, 2011, 2012, 2013, 2014

2013-12-11

...-2013-0007] RIN 0651-AC85 Changes To Implement the Patent Law Treaty; Correction AGENCY: United States... Law Treaty (PLT) and provisions of the Patent Law Treaties Implementation Act of 2012 (PLTIA) that... practice in patent cases for consistency with the changes in the Patent Law Treaty (PLT) and provisions of...

Alternative Fuels Data Center: Federal and State Laws and Incentives

Science.gov Websites

in this section... Search Federal State Local Examples Summary Tables Federal and State Laws and Legislation Find Local Laws and Incentives Find examples of laws and incentives from local governments. For ) Requirements by Year More Laws & Incentives Data | All Maps & Data Case Studies Deploying Clean Buses

AIDS and the responsibilities of academic health science centers: a case law approach.

PubMed

McKenzie, S B

1992-01-01

The advent of AIDS and HIV infection has heightened administrator and faculty concern over providing and maintaining a safe environment for students in the health professions. Failure to provide this environment may result in litigation. Although case law on AIDS-related issues in higher education is sparse, court decisions on related issues are helpful in providing guidance on university responsibility. Case law indicates that if faculty provide appropriate supervision and give adequate instruction, including accepted safety practices, the courts will determine that the university has provided reasonable care to prevent student exposure to HIV. Other issues, related to HIV-positive students, demand that universities create carefully deliberated policies and procedures that do not discriminate against these individuals. This paper is the result of research on case law as it pertains to the potential legal issues of HIV and the university.

Plaintiff or defendant: using legal cases to teach students pharmacy law.

PubMed

Spies, Alan R

2008-10-15

To demonstrate the value of students using actual legal cases during collaborative "breakout" sessions in a pharmacy law class. Students were broken into smaller groups and randomly assigned a legal case to arbitrate or defend. One week prior to the groups' presentation, all students were given the facts of a case that was reflective of issues covered during the lecture component of the course. Formative assessments were utilized in addition to an overall breakout satisfaction survey administered at the end of the course. Overall, students felt the breakout sessions enhanced their learning environment and reinforced material covered during the didactic portion of the course. Students also recommended the breakout sessions for future pharmacy law courses. Dividing a large pharmacy law class into 2 sections of 12 groups each and conducting mock trials resulted in increased student participation and interaction and deeper understanding of the course content.

Court Cases Alleging Employment Discrimination in Public Schools

ERIC Educational Resources Information Center

Speers, Gary M.

2014-01-01

The purpose of this research was to examine Court Cases Alleging Employment Discrimination in Public Schools by analyzing 115 law based court cases ranging during 1980-2012, through the most available publication of "West's Educational Law Digest" of 2012. Employment is a means to provide sustainable income to support the individual(s)…

A longitudinal analysis of the effect of nonmedical exemption law and vaccine uptake on vaccine-targeted disease rates.

PubMed

Yang, Y Tony; Debold, Vicky

2014-02-01

We assessed how nonmedical exemption (NME) laws and annual uptake of vaccines required for school or daycare entry affect annual incidence rates for 5 vaccine-targeted diseases: pertussis, measles, mumps, Haemophilus influenzae type B, and hepatitis B. We employed longitudinal mixed-effects models to examine 2001-2008 vaccine-targeted disease data obtained from the National Notifiable Disease Surveillance System. Key explanatory variables were state-level vaccine-specific uptake rates from the National Immunization Survey and a state NME law restrictiveness level. NME law restrictiveness and vaccine uptake were not associated with disease incidence rate for hepatitis B, Haemophilus influenzae type B, measles, or mumps. Pertussis incidence rate, however, was negatively associated with NME law restrictiveness (b = -0.20; P = .03) and diphtheria-pertussis-tetanus vaccine uptake (b = -0.01; P = .05). State NME laws and vaccine uptake rates did not appear to influence lower-incidence diseases but may influence reported disease rates for higher-incidence diseases. If all states increased their NME law restrictiveness by 1 level and diphtheria-pertussis-tetanus uptake by 1%, national annual pertussis cases could decrease by 1.14% (171 cases) and 0.04% (5 cases), respectively.

Entitlements for Federally Affected School Districts Under Public Laws 874 and 815: Case Studies. Volume II.

ERIC Educational Resources Information Center

Stanford Research Inst., Menlo Park, CA.

Public laws 874 and 815 are intended to help relieve the financial burdens imposed on public school districts as a result of the tax-exempt nature of federal property. Where volume 1 presented a broad statistical analysis of the impact of P.L. 874 and 815 in 54 school districts, this volume contains indepth case studies of the laws' effects in…

Exponentially Stabilizing Robot Control Laws

NASA Technical Reports Server (NTRS)

Wen, John T.; Bayard, David S.

1990-01-01

New class of exponentially stabilizing laws for joint-level control of robotic manipulators introduced. In case of set-point control, approach offers simplicity of proportion/derivative control architecture. In case of tracking control, approach provides several important alternatives to completed-torque method, as far as computational requirements and convergence. New control laws modified in simple fashion to obtain asymptotically stable adaptive control, when robot model and/or payload mass properties unknown.

Small Purchases.

DTIC Science & Technology

1982-01-01

excusable delay under "general contract law ". The Board went on to state that had the usual DAR default clause been present, it would have...that in Michigan the Board, in applying its "general contract law ", referenced the "usual DAR default clause" after the Board specifically recognized...Provisions through its "general contract law " principles in appropriate cases. In future cases the appropriate remedy may not be found in the Additional

Gaps of free-space optics beams with the Beer-Lambert law.

PubMed

Lacaze, Bernard

2009-05-10

Lasers used in free-space optics propagate a beam within a truncated cone. Because of this shape, the intensity cannot follow the Beer-Lambert law. In the case of a homogeneous atmosphere, we calculate the gap from the cylinder case. We will see that the gap exists but is generally very weak and, therefore, that the use of the Beer-Lambert law is a justified approximation.

Can Newton's Third Law Be "Derived" from the Second?

NASA Astrophysics Data System (ADS)

Gangopadhyaya, Asim; Harrington, James

2017-04-01

Newton's laws have engendered much discussion over several centuries. Today, the internet is awash with a plethora of information on this topic. We find many references to Newton's laws, often discussions of various types of misunderstandings and ways to explain them. Here we present an intriguing example that shows an assumption hidden in Newton's third law that is often overlooked. As is well known, the first law defines an inertial frame of reference and the second law determines the acceleration of a particle in such a frame due to an external force. The third law describes forces exerted on each other in a two-particle system, and allows us to extend the second law to a system of particles. Students are often taught that the three laws are independent. Here we present an example that challenges this assumption. At first glance, it seems to show that, at least for a special case, the third law follows from the second law. However, a careful examination of the assumptions demonstrates that is not quite the case. Ultimately, the example does illustrate the significance of the concept of mass in linking Newton's dynamical principles.

28 CFR 68.53 - Review of an interlocutory order of an Administrative Law Judge in cases arising under section...

Code of Federal Regulations, 2014 CFR

2014-07-01

..., within thirty (30) days of the date of an Administrative Law Judge's interlocutory order, issue an order... an Administrative Law Judge's interlocutory order if: (1) An Administrative Law Judge, when issuing... proceedings. Review of an Administrative Law Judge's interlocutory order will not stay the proceeding unless...

28 CFR 68.53 - Review of an interlocutory order of an Administrative Law Judge in cases arising under section...

Code of Federal Regulations, 2011 CFR

2011-07-01

..., within thirty (30) days of the date of an Administrative Law Judge's interlocutory order, issue an order... an Administrative Law Judge's interlocutory order if: (1) An Administrative Law Judge, when issuing... proceedings. Review of an Administrative Law Judge's interlocutory order will not stay the proceeding unless...

28 CFR 68.53 - Review of an interlocutory order of an Administrative Law Judge in cases arising under section...

Code of Federal Regulations, 2012 CFR

2012-07-01

..., within thirty (30) days of the date of an Administrative Law Judge's interlocutory order, issue an order... an Administrative Law Judge's interlocutory order if: (1) An Administrative Law Judge, when issuing... proceedings. Review of an Administrative Law Judge's interlocutory order will not stay the proceeding unless...

28 CFR 68.53 - Review of an interlocutory order of an Administrative Law Judge in cases arising under section...

Code of Federal Regulations, 2013 CFR

2013-07-01

..., within thirty (30) days of the date of an Administrative Law Judge's interlocutory order, issue an order... an Administrative Law Judge's interlocutory order if: (1) An Administrative Law Judge, when issuing... proceedings. Review of an Administrative Law Judge's interlocutory order will not stay the proceeding unless...

25 CFR 11.500 - Law applicable to civil actions.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 25 Indians 1 2010-04-01 2010-04-01 false Law applicable to civil actions. 11.500 Section 11.500 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Civil Actions § 11.500 Law applicable to civil actions. (a) In all civil cases, the...

25 CFR 11.500 - Law applicable to civil actions.

Code of Federal Regulations, 2013 CFR

2013-04-01

... 25 Indians 1 2013-04-01 2013-04-01 false Law applicable to civil actions. 11.500 Section 11.500 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Civil Actions § 11.500 Law applicable to civil actions. (a) In all civil cases, the...

25 CFR 11.500 - Law applicable to civil actions.

Code of Federal Regulations, 2012 CFR

2012-04-01

... 25 Indians 1 2012-04-01 2011-04-01 true Law applicable to civil actions. 11.500 Section 11.500 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Civil Actions § 11.500 Law applicable to civil actions. (a) In all civil cases, the...

25 CFR 11.500 - Law applicable to civil actions.

Code of Federal Regulations, 2014 CFR

2014-04-01

... 25 Indians 1 2014-04-01 2014-04-01 false Law applicable to civil actions. 11.500 Section 11.500 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Civil Actions § 11.500 Law applicable to civil actions. (a) In all civil cases, the...

25 CFR 11.500 - Law applicable to civil actions.

Code of Federal Regulations, 2011 CFR

2011-04-01

... 25 Indians 1 2011-04-01 2011-04-01 false Law applicable to civil actions. 11.500 Section 11.500 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Civil Actions § 11.500 Law applicable to civil actions. (a) In all civil cases, the...

Exploring the role of the internet in juvenile prostitution cases coming to the attention of law enforcement.

PubMed

Wells, Melissa; Mitchell, Kimberly J; Ji, Kai

2012-01-01

This exploratory analysis examines the role of the Internet in juvenile prostitution cases coming to the attention of law enforcement. The National Juvenile Prostitution Study (N-JPS) collected information from a national sample of law enforcement agencies about the characteristics of juvenile prostitution cases. In comparison to non-Internet juvenile prostitution cases, Internet juvenile prostitution cases involved younger juveniles and police were more likely to treat juveniles as victims rather than offenders. In addition, these cases were significantly more likely to involve a family or acquaintance exploiter. This analysis suggests that the role of the Internet may impact legal and social service response to juveniles involved in prostitution. In addition, it highlights the need for interventions that acknowledge the vulnerabilities of youth involved in this type of commercial sexual exploitation.

Defamation & Stigma Claims against Public Employers.

ERIC Educational Resources Information Center

Worona, Jay; Fletcher, Cynthia Plumb

This article, written by two lawyers, defines defamation, discusses the basic law of defamation and stigma, and focuses on recent case law on this topic. The cases are only a sample of the numerous cases that school districts across the nation face on the issues of defamation and stigma. The following topics are included in the legal review: the…

Investigator's Guide to Missing Child Cases. For Law-Enforcement Officers Locating Missing Children. Second Edition.

ERIC Educational Resources Information Center

Patterson, John C.

This booklet provides guidance to law enforcement officers investigating missing children cases, whether through parental kidnappings, abductions by strangers, runaway or "throwaway" cases, and those in which the circumstances are unknown. The guide describes, step-by-step, the investigative process required for each of the four types of missing…

Student-on-Student Assault: What You Need To Know about Peer Violence.

ERIC Educational Resources Information Center

Furst, Lyndon G.

1996-01-01

Litigation regarding children assaulted by other children in public schools has produced two strands of case law: sex discrimination cases (based on federal law) and negligence cases. School personnel have a moral and legal responsibility to provide for the physical and emotional safety of children under their care. A Michigan middle-school…

42 CFR 403.914 - Preemption of State laws.

Code of Federal Regulations, 2013 CFR

2013-10-01

... Investment Interests § 403.914 Preemption of State laws. (a) General rule. In the case of a payment or other... controlling disease, injury, disability. (ii) Agencies that conduct oversight activities authorized by law...

42 CFR 403.914 - Preemption of State laws.

Code of Federal Regulations, 2014 CFR

2014-10-01

... Investment Interests § 403.914 Preemption of State laws. (a) General rule. In the case of a payment or other... controlling disease, injury, disability. (ii) Agencies that conduct oversight activities authorized by law...

Finding a Balance: A Case Study Using Framing and Sensemaking Theory to Analyze the Implementation of Campus Carry Law at Four South Texas Community Colleges

ERIC Educational Resources Information Center

Ortega-Feerick, Diana

2017-01-01

The issue of guns and gun control is very complex especially since the passage of Campus Carry Law in the state of Texas. The purpose of this qualitative case study is to explore how decision-making administrators at four nonresidential community colleges in South Texas implemented Campus Carry Law. This study further seeks to examine how 10…

Fraying at the Edges: UK Surrogacy Law in 2015.

PubMed

Horsey, Kirsty

2016-11-01

This commentary examines a series of high-profile surrogacy cases decided in 2015. Taken singly or together, these cases serve to illustrate how the UK's law on surrogacy—in particular its provisions regarding eligibility for parental orders—is not only out of date but also becoming nonsensical. These problems culminate in an evident inability of the law to protect the best interests of children born through surrogacy and indicate strongly a need for reform.

Increasing power-law range in avalanche amplitude and energy distributions

NASA Astrophysics Data System (ADS)

Navas-Portella, Víctor; Serra, Isabel; Corral, Álvaro; Vives, Eduard

2018-02-01

Power-law-type probability density functions spanning several orders of magnitude are found for different avalanche properties. We propose a methodology to overcome empirical constraints that limit the range of truncated power-law distributions. By considering catalogs of events that cover different observation windows, the maximum likelihood estimation of a global power-law exponent is computed. This methodology is applied to amplitude and energy distributions of acoustic emission avalanches in failure-under-compression experiments of a nanoporous silica glass, finding in some cases global exponents in an unprecedented broad range: 4.5 decades for amplitudes and 9.5 decades for energies. In the latter case, however, strict statistical analysis suggests experimental limitations might alter the power-law behavior.

Increasing power-law range in avalanche amplitude and energy distributions.

PubMed

Navas-Portella, Víctor; Serra, Isabel; Corral, Álvaro; Vives, Eduard

2018-02-01

Power-law-type probability density functions spanning several orders of magnitude are found for different avalanche properties. We propose a methodology to overcome empirical constraints that limit the range of truncated power-law distributions. By considering catalogs of events that cover different observation windows, the maximum likelihood estimation of a global power-law exponent is computed. This methodology is applied to amplitude and energy distributions of acoustic emission avalanches in failure-under-compression experiments of a nanoporous silica glass, finding in some cases global exponents in an unprecedented broad range: 4.5 decades for amplitudes and 9.5 decades for energies. In the latter case, however, strict statistical analysis suggests experimental limitations might alter the power-law behavior.

Law and Ethics for Practitioners in Counseling and Guidance.

ERIC Educational Resources Information Center

Hummel, Dean L.

1985-01-01

Addresses pertinent aspects of law and ethics as they relate to practitioners in counseling and guidance. Identifies major areas and cites cases that involve civil liability litigation. Also discusses the rights of minors in cases dealing with child abuse and abortion. (ML)

Torts.

ERIC Educational Resources Information Center

Thurston, Paul W.

Chapter 5 of a book on school law, this chapter reports the cases decided during 1979 involving tort claims in the schools. The cases are organized according to headings including negligence (with an emphasis on student injuries), educational malpractice, negligence defenses (especially common law and statutory immunity), liability insurance,…

Maximum cycle work output optimization for generalized radiative law Otto cycle engines

NASA Astrophysics Data System (ADS)

Xia, Shaojun; Chen, Lingen; Sun, Fengrui

2016-11-01

An Otto cycle internal combustion engine which includes thermal and friction losses is investigated by finite-time thermodynamics, and the optimization objective is the maximum cycle work output. The thermal energy transfer from the working substance to the cylinder inner wall follows the generalized radiative law (q∝Δ (Tn)). Under the condition that all of the fuel consumption, the compression ratio and the cycle period are given, the optimal piston trajectories for both the examples with unlimited and limited accelerations on every stroke are determined, and the cycle-period distribution among all strokes is also optimized. Numerical calculation results for the case of radiative law are provided and compared with those obtained for the cases of Newtonian law and linear phenomenological law. The results indicate that the optimal piston trajectory on each stroke contains three sections, which consist of an original maximum-acceleration and a terminal maximum-deceleration parts; for the case of radiative law, optimizing the piston motion path can achieve an improvement of more than 20% in both the cycle-work output and the second-law efficiency of the Otto cycle compared with the conventional near-sinusoidal operation, and heat transfer mechanisms have both qualitative and quantitative influences on the optimal paths of piston movements.

End-of-Life Decisions

MedlinePlus

... treatment is protected by the Constitution and case law. However, your state law may define when the living will goes into ... your state does not have a living will law, it is wise to put your wishes about ...

Voter model with non-Poissonian interevent intervals

NASA Astrophysics Data System (ADS)

Takaguchi, Taro; Masuda, Naoki

2011-09-01

Recent analysis of social communications among humans has revealed that the interval between interactions for a pair of individuals and for an individual often follows a long-tail distribution. We investigate the effect of such a non-Poissonian nature of human behavior on dynamics of opinion formation. We use a variant of the voter model and numerically compare the time to consensus of all the voters with different distributions of interevent intervals and different networks. Compared with the exponential distribution of interevent intervals (i.e., the standard voter model), the power-law distribution of interevent intervals slows down consensus on the ring. This is because of the memory effect; in the power-law case, the expected time until the next update event on a link is large if the link has not had an update event for a long time. On the complete graph, the consensus time in the power-law case is close to that in the exponential case. Regular graphs bridge these two results such that the slowing down of the consensus in the power-law case as compared to the exponential case is less pronounced as the degree increases.

Legalman/Legal Clerk Study Guide

DTIC Science & Technology

1996-01-01

law includes those laws passed or enacted by the various legislative bodies such as Congress or state legislatures. 2o These laws come from the...report the laws or cases within the jurisdiction of the legislative body that enacted the statute. For example, there is a federal statute which...statutes enacted by our Congress or other legislative bodies, or administrative law. 3. "Secondary Authority" is not "the law" itself but instead

No Sunset and Extended Policies Cases (released in AEO2010)

EIA Publications

2010-01-01

The Annual Energy Outlook 2010 Reference case is best described as a current laws and regulations case, because it generally assumes that existing laws and fully promulgated regulations will remain unchanged throughout the projection period, unless the legislation establishing them specifically calls for them to end or change. The Reference case often serves as a starting point for the analysis of proposed legislative or regulatory changes, a task that would be difficult if the Reference case included projected legislative or regulatory changes.

A Day at the Beach: A Multidisciplinary Business Law Case Study

ERIC Educational Resources Information Center

Rymsza, Leonard; Saunders, Kurt; Baum, Paul; Tontz, Richard

2010-01-01

This case study, written for use in a multidisciplinary course, exposes students to concepts in business law, economics, and statistics. The case is based upon a hypothetical scenario involving a young woman who, having spent a relaxing day at the beach, heads for home. On the drive home, a flip-flop she is wearing becomes lodged under the gas…

School Officials and the Courts: Update 2001. ERS Monograph.

ERIC Educational Resources Information Center

Thompson, David P.; Hartmeister, Fredric J.

This is the 22nd in a series of yearly updates of judicial decision summaries for case law related to elementary and secondary education issues. One can use previous and future editions to track decisions on appeal or to see trends in case law. With few exceptions, the cases were selected from court decisions found in federal and regional…

School Officials and the Courts: Update 2002. ERS Monograph.

ERIC Educational Resources Information Center

Thompson, David P.; Hartmeister, Fredric J.

This is the 23rd in a series of yearly updates of judicial decision summaries for case law related to elementary- and secondary-education issues. One can use previous and future editions to track decisions on appeal or to spot trends in case law. With few exceptions, the cases were selected from court decisions found in federal and regional…

Legal issues in governing genetic biobanks: the Italian framework as a case study for the implications for citizen's health through public-private initiatives.

PubMed

Piciocchi, Cinzia; Ducato, Rossana; Martinelli, Lucia; Perra, Silvia; Tomasi, Marta; Zuddas, Carla; Mascalzoni, Deborah

2018-04-01

This paper outlines some of the challenges faced by regulation of genetic biobanking, using case studies coming from the Italian legal system. The governance of genetic resources in the context of genetic biobanks in Italy is discussed, as an example of the stratification of different inputs and rules: EU law, national law, orders made by authorities and soft law, which need to be integrated with ethical principles, technological strategies and solutions. After providing an overview of the Italian legal regulation of genetic data processing, it considers the fate of genetic material and IP rights in the event of a biobank's insolvency. To this end, it analyses two case studies: a controversial bankruptcy case which occurred in Sardinia, one of the first examples of private and public partnership biobanks. Another case study considered is the Chris project: an example of partnership between a research institute in Bolzano and the South Tyrolean Health System. Both cases seem to point in the same direction, suggesting expediency of promoting and improving public-private partnerships to manage biological tissues and biotrust to conciliate patent law and public interest.

How do abused elderly persons and their adult protective services caseworkers view law enforcement involvement and criminal prosecution, and what impact do these views have on case processing?

PubMed

Jackson, Shelly L; Hafemeister, Thomas L

2013-01-01

This study examined law enforcement and prosecution involvement in 71 cases of elder abuse where pure financial exploitation (PFE), physical abuse (PA), neglect (Neglect), or hybrid financial exploitation (HFE) (financial exploitation co-occurring with physical abuse and/or neglect) occurred in a domestic setting. Victims of elder abuse and assigned Adult Protective Services (APS) caseworkers were systematically interviewed. Law enforcement officials were involved in 54% of the cases, and 18% of the cases were prosecuted. PA was significantly more likely to trigger a law enforcement response and to be prosecuted than Neglect or PFE. HFE involved prosecution for assault rather than financial exploitation. Generally, the victims of elder abuse were not receptive to criminal justice involvement, which appears to have a significant impact upon the level of this involvement. The reasons for this reluctance are discussed, as well as the challenges and limitations of criminal justice system involvement and related implications for policy and practice.

The Texas Advanced Directive Law: Unfinished Business.

PubMed

Kapottos, Michael; Youngner, Stuart

2015-01-01

The Texas Advance Directive Act allows physicians and hospitals to overrule patient or family requests for futile care. Purposefully not defining futility, the law leaves its determination in specific cases to an institutional process. While the law has received several criticisms, it does seem to work constructively in the cases that come to the review process. We introduce a new criticism: While the law has been justified by an appeal to professional values such as avoiding harm to patients, avoiding the provision of unseemly care, and good stewardship of medical resources, it is applied incompletely. It allows physicians and institutional committees to refuse "futile" treatments desired by patients and families while at the same time providing no way of regulating physicians who recommend or even push "futile" treatments in similar cases. In this sense, the TADA is incomplete on its own terms.

[The new law on strengthening the rights of victims of sexual abuse and its implications for the forensic-psychiatric assessment of sexual offenders].

PubMed

Bumb, Jan Malte; Foerster, Klaus; Dressing, Harald

2014-07-01

Highlighting practical implications and research aspects of forensic-psychiatric assessments in the context of the new law on strengthening the rights of victims of sexual abuse. Based on a clinical case we report implications for the forensic-psychiatric assessment. The new law now requires an expert to evaluate the necessity and the subject's motivation to receive a given treatment. Up to now, the majority of sexual offenders were assumed to be responsible for their actions and in most cases a forensic-psychiatric assessment was not required. For this reason, guidelines for forensic-psychiatric assessments are urgently needed. The number of forensic-psychiatric assessments is likely to increase substantially and a relevant-case law is still lacking. © Georg Thieme Verlag KG Stuttgart · New York.

Changing the Order of Newton's Laws--Why & How the Third Law Should Be First

ERIC Educational Resources Information Center

Stocklmayer, Sue; Rayner, John P.; Gore, Michael M.

2012-01-01

Newton's laws are difficult both for teachers and students at all levels. This is still the case despite a long history of critique of the laws as presented in the classroom. For example, more than 50 years ago Eisenbud and Weinstock proposed reformulations of the laws that put them on a sounder, more logically consistent base than is presented in…

Government Contract Law (9th Edition)

DTIC Science & Technology

1987-04-01

This Ninth Edition, like its predecessors, will serve as the textbook for the Government Contract Law taught at the School of Systems and Logistics...drawn from Government Contract Law -Cases, 1987 edition, for a rounded approach to the subject. This edition of the text includes coverage of the...Government Contract Law complements the Federal Acquisition Regulation and provides a preventive law treatment for contracting personnel. While it may

Get Kids Interested in the Law before the Law Gets Interested in Them.

ERIC Educational Resources Information Center

Thomas, R. Murray; Murray, Paul V.

1983-01-01

Many children do not know enough about the law to make wise judgments about their behavior. Educational strategies for teaching about lawbreaking and its consequences are presented. Six laws commonly broken by young people are described, first in legal terms and then stated more simply. Case histories follow. (PP)

Law and American Education: A Case Brief Approach. Third Edition

ERIC Educational Resources Information Center

Palestini, Robert; Falk, Karen Palestini

2012-01-01

This third edition expands coverage on such topics as the law and students with disabilities, confidentiality, sexual harassment, student searches and tuition vouchers. It also includes some new topics such as bullying, copyright law, and the law and the internet. Both public and nonpublic school educators are aware that courts, over the last…

47 CFR 0.341 - Authority of administrative law judge.

Code of Federal Regulations, 2010 CFR

2010-10-01

... another administrative law judge, all motions, petitions and other pleadings shall be acted upon by such... his own motion. (c) Any question which would be acted upon by the Chief Administrative Law Judge or... his own motion, to the Chief Administrative Law Judge, or the Commission, as the case may be. (d) In...

The trespasses of property law.

PubMed

Wall, Jesse

2014-01-01

The purpose of this article is to identify a limit to the appropriate application of property law to the use and storage of bodily material. I argue here that property law ought to be limited to protecting 'contingent rights' and that recent cases where property rights have been recognised in semen represent the application of property law beyond this limit. I also suggest how the law ought to develop in order to avoid the overextensive use of property law.

28 CFR 68.6 - Service and filing of documents.

Code of Federal Regulations, 2010 CFR

2010-07-01

... Section 68.6 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... until an Administrative Law Judge is assigned to a case. Thereafter, all pleadings shall be delivered or...

New State Forest Practice Laws. A review of state laws and their natural resource data requirements

NASA Technical Reports Server (NTRS)

Klein, S. B.

1980-01-01

Forest practice regulations can be established by being specified in state law or by being promulgated by some other official body delegated the authority to do so. At the state level, public regulation of private forest practices resulted in many cases, in the enactment of state forest practice laws regulating both private, and in some cases, public landowner activities. These laws aim not only to protect natural environments, but also to encourage continuous productivity of forest lands, to maintain or enhance aesthetic values, and to serve as an implementing mechanism to control water pollution. Profiles of regulations in California, Idaho, Maine, Nevada, New Hampshire, Oregon, and Washington are examined and assessed. Voluntary guidelines in use in 18 states are summarized.

Toward instructional design principles: Inducing Faraday's law with contrasting cases

NASA Astrophysics Data System (ADS)

Kuo, Eric; Wieman, Carl E.

2016-06-01

Although physics education research (PER) has improved instructional practices, there are not agreed upon principles for designing effective instructional materials. Here, we illustrate how close comparison of instructional materials could support the development of such principles. Specifically, in discussion sections of a large, introductory physics course, a pair of studies compare two instructional strategies for teaching a physics concept: having students (i) explain a set of contrasting cases or (ii) apply and build on previously learned concepts. We compare these strategies for the teaching of Faraday's law, showing that explaining a set of related contrasting cases not only improves student performance on Faraday's law questions over building on a previously learned concept (i.e., Lorentz force), but also prepares students to better learn subsequent topics, such as Lenz's law. These differences persist to the final exam. We argue that early exposure to contrasting cases better focuses student attention on a key feature related to both concepts: change in magnetic flux. Importantly, the benefits of contrasting cases for both learning and enjoyment are enhanced for students who did not first attend a Faraday's law lecture, consistent with previous research suggesting that being told a solution can circumvent the benefits of its discovery. These studies illustrate an experimental approach for understanding how the structure of activities affects learning and performance outcomes, a first step toward design principles for effective instructional materials.

Dietary supplement labeling and advertising claims: are clinical studies on the full product required?

PubMed

Villafranco, John E; Bond, Katie

2009-01-01

Whether labeling and advertising claims for multi-ingredient dietary supplements may be based on the testing of individual, key ingredients--rather than the actual product--has caused a good deal of confusion. This confusion stems from the dearth of case law and the open-endedness of Federal Trade Commission (FTC) and Food and Drug Administration (FDA) guidance on this issue. Nevertheless, the relevant regulatory guidance, case law and self-regulatory case law--when assessed together--indicate that the law allows and even protects "key ingredient claims" (i.e., claims based on efficacy testing of key ingredients in the absence of full product testing). This article provides an overview of the relevant substantiation requirements for dietary supplement claims and then reviews FTC's and FDA's guidance on key ingredient claims; relevant case law; use of key ingredient claims in the advertising of other consumer products; and the National Advertising Division of the Better Business Bureau, Inc.'s (NAD's) approach to evaluating key ingredient claims for dietary supplements. This article concludes that key ingredient claims--provided they are presented in a truthful and non-deceptive manner--are permissible, and should be upheld in litigation and cases subject to industry self-regulation. This article further concludes that the NAD's approach to key ingredient claims provides practical guidance for crafting and substantiating dietary supplement key ingredient claims.

Case Studies of Predictive Analysis Applications in Law Enforcement

DTIC Science & Technology

2015-12-01

analysis to crime problems to be considered effective. To test this hypothesis, case studies were conducted on municipal police departments in the...Forecasting in Law Enforcement Operations. 6 Vlahos, “The Department of Pre -Crime.” 4 studies were conducted on municipal police departments in the... case studies are described and recommendations for future research , as well as recommendations for police executives considering an investment in

Elder Physical Abuse and Failure to Report Cases: Similarities and Differences in Case Type and the Justice System's Response

ERIC Educational Resources Information Center

Payne, Brian K.

2013-01-01

Treated initially as a social problem, elder abuse has only recently been criminalized. The criminalization of elder abuse involves penalizing offenders for actively abusing offenders as well as for violating mandatory reporting laws. Mandatory reporting laws exist to encourage professionals to report suspected cases of elder abuse. In this study,…

Sexual Harassment: The Current State of the Law Governing Educational Institutions.

ERIC Educational Resources Information Center

Wetherfield, Alison

1990-01-01

Surveys federal law prohibiting sexual harassment as it applies to colleges. Concludes that sexual harassment law is still evolving, pursuing and defending harassment cases are traumatic activities, and that prevention is better than cure. (ABL)

The "Creation-Science" Case and Pro Bono Publico.

ERIC Educational Resources Information Center

Kerr, Peggy L.

1982-01-01

Describes contributions and efforts of New York law firm (Skadden, Arps, Slate, Meagher, Flom) personnel in developing plaintiff's case in McLean v. Arkansas 590 (balanced treatment of creationism/evolution). Discusses aspects of "Pro Bono Publico" (unpaid public interest service) endeavors in general and those related to this law firm in…

Laws and Court Cases Related to Field Trips.

ERIC Educational Resources Information Center

DuVall, Charles R.; Krepel, Wayne J.

1978-01-01

Briefly discusses the results of a survey of the superintendent of public instruction, office of the attorney general, the education association, the school boards association, and the teacher union in each state to identify state laws and court cases on, and to solicit comments about, teacher responsibility on field trips. (IRT)

32 CFR 635.28 - Procedures for restricted/unrestricted reporting in sexual assault cases.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 32 National Defense 4 2012-07-01 2011-07-01 true Procedures for restricted/unrestricted reporting in sexual assault cases. 635.28 Section 635.28 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY (CONTINUED) LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONS LAW ENFORCEMENT REPORTING...

32 CFR 635.28 - Procedures for restricted/unrestricted reporting in sexual assault cases.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 32 National Defense 4 2011-07-01 2011-07-01 false Procedures for restricted/unrestricted reporting in sexual assault cases. 635.28 Section 635.28 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY (CONTINUED) LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONS LAW ENFORCEMENT REPORTING...

32 CFR 635.28 - Procedures for restricted/unrestricted reporting in sexual assault cases.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 32 National Defense 4 2010-07-01 2010-07-01 true Procedures for restricted/unrestricted reporting in sexual assault cases. 635.28 Section 635.28 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY (CONTINUED) LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONS LAW ENFORCEMENT REPORTING...

32 CFR 635.28 - Procedures for restricted/unrestricted reporting in sexual assault cases.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 32 National Defense 4 2013-07-01 2013-07-01 false Procedures for restricted/unrestricted reporting in sexual assault cases. 635.28 Section 635.28 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY (CONTINUED) LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONS LAW ENFORCEMENT REPORTING...

32 CFR 635.28 - Procedures for restricted/unrestricted reporting in sexual assault cases.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 32 National Defense 4 2014-07-01 2013-07-01 true Procedures for restricted/unrestricted reporting in sexual assault cases. 635.28 Section 635.28 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY (CONTINUED) LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONS LAW ENFORCEMENT REPORTING...

A Genetic Algorithm for UAV Routing Integrated with a Parallel Swarm Simulation

DTIC Science & Technology

2005-03-01

Metrics. 2.3.5.1 Amdahl’s, Gustafson-Barsis’s, and Sun-Ni’s Laws . At the heart of parallel computing is the ratio of communication time to...parallel execution. Three ‘ laws ’ in particular are of interest with regard to this ratio: Amdahl’s Law , the Gustafson-Barsis’s Law , and Sun-Ni’s Law ...Amdahl’s Law makes the case for fixed size speedup. This conjecture states that speedup saturates and efficiency drops as a consequence of holding the

Governmental Immunity: Legal Basis and Implications for Public Education.

ERIC Educational Resources Information Center

Connors, Eugene T.

The concept of sovereign immunity in English law originated in both early canon law and the feudal system, became formalized in case law under King Henry II, and as the royal prerogative, became established into statutory law under King Henry VIII. This concept of governmental immunity was adopted by the states when the union was founded. The case…

[Treasury Law Enforcement School. Course 14. "Evidence." Student Guide, Text, and Handout.

ERIC Educational Resources Information Center

Department of the Treasury, Washington, DC. Consolidated Law Enforcement Training Center.

This packet of three booklets, which includes a student guide, textbook, and handbook, is illustrative of other booklets available from the Treasury Law Enforcement School designed for training law enforcement officers in Federal law. The material in this course, related primarily to criminal cases, focuses on presenting evidence to the court to…

Legal Considerations Regarding Merit Pay Systems.

ERIC Educational Resources Information Center

Twomey, Rosemarie Feuerbach

This paper examines how a merit-pay award may lead to employer liability under the following types of laws: constitutional (federal and state); federal and state statutory law; and the common or case law handed down by the federal and state court judges. First, several court decisions are presented to indicate the status of the law as it is likely…

26 CFR 301.7623-1 - Rewards for information relating to violations of internal revenue laws.

Code of Federal Regulations, 2010 CFR

2010-04-01

... of internal revenue laws. 301.7623-1 Section 301.7623-1 Internal Revenue INTERNAL REVENUE SERVICE... to violations of internal revenue laws. (a) In general. In cases where rewards are not otherwise provided for by law, a district or service center director may approve a reward, in a suitable amount, for...

Legislative Analysis of the Federal Role in Indian Education.

ERIC Educational Resources Information Center

Deloria, Vine, Jr.

Legislation pertaining to American Indian affairs is highly dependent upon the events and movements of history. No purified legal theory such as contract law or the law of damages emerges from the field of Indian law. While some of the legal theory must come from the ratified treaties, statutes, and case law defining the relationship of the United…

An Interdisciplinary Approach to Teaching International Law: Using the Tools of the Law School Classroom in Political Science

ERIC Educational Resources Information Center

Zartner, Dana

2009-01-01

As the world has grown more interconnected, many political science programs have added courses on international law, international organizations, the laws of war and peace, international human rights, and comparative judicial politics. While in many cases these are relatively new offerings within international studies, all of these subjects have…

In Mexico, abortion rights strictly for the books.

PubMed

Farmer, A

2000-06-01

This paper characterizes the Mexican abortion laws using the case of a girl aged 14 years, Paulina Ramirez Jacinta, who was raped, became pregnant, and chose to terminate the unwanted pregnancy, yet was denied an abortion. This case clearly showed that Mexican abortion law, despite its legality, is highly restrictive in nature and, in a way, violated the human rights of Paulina. Even though it permits first-trimester abortion procedures for rape victims or women whose lives are endangered by the pregnancy, many pregnant women still resort to illegal abortion. To further aggravate the restrictive nature of the law, Baja California state Rep. Martin Dominguez Rocha made a proposal to eliminate the rape exception in the state's penal code. The case of Paulina will be handled by the lawyers at the Center for Reproductive Law and Policy in order to arrive at a settlement favorable to Paulina.

Department of Defense Base Reuse Implementation Manual, DOD 4165.66-M

DTIC Science & Technology

1997-12-01

applications? SPECIAL CONSIDERATION In the case of representatives of the homeless whose applications have been approved by HHS under Title V of the...2) In the case of installations approved for closure under a base closure law before the date of the enactment of this Act, not later than 15 days...realignment, as the case may be, of such installation under the applicable base closure law expires. (3) The term "redevelopment authority", in the case

Judicial intervention in alcohol regulation: an empirical legal analysis.

PubMed

Muhunthan, Janani; Angell, Blake; Wilson, Andrew; Reeve, Belinda; Jan, Stephen

2017-08-01

While governments draft law and policy to promote public health, it is through cases put before the judiciary that the implementation of law can be challenged and where its practical implications are typically determined. In this paper, we examine the role of court judgements on efforts in Australia to regulate the harmful use of alcohol. Australian case law (2010 to June 2015) involving the judicial review of administrative decisions relating to development applications or liquor licences for retail liquor outlets (bottle shops), hotels, pubs and clubs was identified using a case law database (WestLaw AU). Data were extracted and analysed using standard systematic review techniques. A total of 44 cases were included in the analysis. Of these, 90% involved appeals brought by industry actors against local or state government stakeholders seeking to reject applications for development applications and liquor licences. The proportion of judicial decisions resulting in outcomes in favour of industry was 77%. Public health research evidence appeared to have little or no influence, as there is no requirement for legislation to consider public health benefit. Implications for public health: A requirement that the impact on public health is considered in legislation will help to offset its strong pro-competition emphasis, which in turn has strongly influenced judicial decision making in this area. © 2017 The Authors.

Human Rights and the Excess of Identity: A Legal and Theoretical Inquiry into the Notion of Identity in Strasbourg Case Law.

PubMed

Al Tamimi, Yussef

2018-06-01

Identity is a central theme in contemporary politics, but legal academia lacks a rigorous analysis of this concept. The aim of this article is twofold: (i) firstly, it aims to reveal presumptions on identity in human rights law by mapping how the European Court of Human Rights approaches identity and (ii) secondly, it seeks to analyse these presumptions using theoretical insights on identity. By merging legal and theoretical analysis, this article contributes a reading of the Court's case law which suggests that the tension between the political and apolitical is visible as a common thread in the Court's use of identity. In case law concerning paternity, the Court appears to hold a specific view of what is presented as an unquestionable part of identity. This ostensibly pre-political notion of identity becomes untenable in cases where the nature of an identity feature, such as the headscarf, is contended or a minority has adopted a national identity that conflicts with the majoritarian national identity. The Court's approach to identity in such cases reflects a paradox that is inherent to identity; identity is personal while simultaneously constituted and shaped by overarching power mechanisms.

Primary prevention of lead poisoning in children: a cross-sectional study to evaluate state specific lead-based paint risk reduction laws in preventing lead poisoning in children.

PubMed

Kennedy, Chinaro; Lordo, Robert; Sucosky, Marissa Scalia; Boehm, Rona; Brown, Mary Jean

2014-11-07

Children younger than 72 months are most at risk of environmental exposure to lead from ingestion through normal mouthing behavior. Young children are more vulnerable to lead poisoning than adults because lead is absorbed more readily in a child's gastrointestinal tract. Our focus in this study was to determine the extent to which state mandated lead laws have helped decrease the number of new cases of elevated blood-lead levels (EBLL) in homes where an index case had been identified. A cross-sectional study was conducted to compare 682 residential addresses, identified between 2000 and 2009, in two states with and one state without laws to prevent childhood lead poisoning among children younger than 72 months, to determine whether the laws were effective in preventing subsequent cases of lead poisoning detected in residential addresses after the identification of an index case. In this study, childhood lead poisoning was defined as the blood lead level (BLL) that would have triggered an environmental investigation in the residence. The two states with lead laws, Massachusetts (MA) and Ohio (OH), had trigger levels of ≥25 μg/dL and ≥15 μg/dL respectively. In Mississippi (MS), the state without legislation, the trigger level was ≥15 μg/dL. The two states with lead laws, MA and OH, were 79% less likely than the one without legislation, MS, to have residential addresses with subsequent lead poisoning cases among children younger than 72 months, adjusted OR = 0.21, 95% CI (0.08-0.54). For the three states studied, the evidence suggests that lead laws such as those studied herein effectively reduced primary exposure to lead among young children living in residential addresses that may have had lead contaminants.

Establishing Law and Order After Conflict

DTIC Science & Technology

2005-01-01

the y-axis indicates the rule of law. This leads to four quadrants . We code the lower-left quadrant as successful, since it includes decreasing...levels of violence and an improving rule of law. The lower-right quadrant is mixed because it includes increasing levels of violence but an improving rule...of law. Cases in the upper-right quadrant are un- successful, since they have increasing levels of violence and a deterio- rating rule of law

5 CFR 1201.125 - Administrative law judge.

Code of Federal Regulations, 2010 CFR

2010-01-01

... PRACTICES AND PROCEDURES Procedures for Original Jurisdiction Cases Special Counsel Disciplinary Actions § 1201.125 Administrative law judge. (a) An administrative law judge will hear a disciplinary action... complaint seeking disciplinary action against a Federal or District of Columbia government employee for a...

A New Perspective on Teaching Constitutional Law

ERIC Educational Resources Information Center

Rosenblum, Robert

1977-01-01

The author suggests that a major failure of most law schools and traditional undergraduate constitutional law courses is that they omit an adequate analysis of the political nature of the judicial process. Political influences on a variety of court cases are discussed. (LBH)

Law enforcement duties and sudden cardiac death among police officers in United States: case distribution study

PubMed Central

Varvarigou, Vasileia; Farioli, Andrea; Korre, Maria; Sato, Sho; Dahabreh, Issa J

2014-01-01

Objective To assess the association between risk of sudden cardiac death and stressful law enforcement duties compared with routine/non-emergency duties. Design Case distribution study (case series with survey information on referent exposures). Setting United States law enforcement. Participants Summaries of deaths of over 4500 US police officers provided by the National Law Enforcement Officers Memorial Fund and the Officer Down Memorial Page from 1984 to 2010. Main outcome measures Observed and expected sudden cardiac death counts and relative risks for sudden cardiac death events during specific strenuous duties versus routine/non-emergency activities. Independent estimates of the proportion of time that police officers spend across various law enforcement duties obtained from surveys of police chiefs and front line officers. Impact of varying exposure assessments, covariates, and missing cases in sensitivity and stability analyses. Results 441 sudden cardiac deaths were observed during the study period. Sudden cardiac death was associated with restraints/altercations (25%, n=108), physical training (20%, n=88), pursuits of suspects (12%, n=53), medical/rescue operations (8%, n=34), routine duties (23%, n=101), and other activities (11%, n=57). Compared with routine/non-emergency activities, the risk of sudden cardiac death was 34-69 times higher during restraints/altercations, 32-51 times higher during pursuits, 20-23 times higher during physical training, and 6-9 times higher during medical/rescue operations. Results were robust to all sensitivity and stability analyses. Conclusions Stressful law enforcement duties are associated with a risk of sudden cardiac death that is markedly higher than the risk during routine/non-emergency duties. Restraints/altercations and pursuits are associated with the greatest risk. Our findings have public health implications and suggest that primary and secondary cardiovascular prevention efforts are needed among law enforcement officers. PMID:25406189

Law enforcement duties and sudden cardiac death among police officers in United States: case distribution study.

PubMed

Varvarigou, Vasileia; Farioli, Andrea; Korre, Maria; Sato, Sho; Dahabreh, Issa J; Kales, Stefanos N

2014-11-18

To assess the association between risk of sudden cardiac death and stressful law enforcement duties compared with routine/non-emergency duties. Case distribution study (case series with survey information on referent exposures). United States law enforcement. Summaries of deaths of over 4500 US police officers provided by the National Law Enforcement Officers Memorial Fund and the Officer Down Memorial Page from 1984 to 2010. Observed and expected sudden cardiac death counts and relative risks for sudden cardiac death events during specific strenuous duties versus routine/non-emergency activities. Independent estimates of the proportion of time that police officers spend across various law enforcement duties obtained from surveys of police chiefs and front line officers. Impact of varying exposure assessments, covariates, and missing cases in sensitivity and stability analyses. 441 sudden cardiac deaths were observed during the study period. Sudden cardiac death was associated with restraints/altercations (25%, n=108), physical training (20%, n=88), pursuits of suspects (12%, n=53), medical/rescue operations (8%, n=34), routine duties (23%, n=101), and other activities (11%, n=57). Compared with routine/non-emergency activities, the risk of sudden cardiac death was 34-69 times higher during restraints/altercations, 32-51 times higher during pursuits, 20-23 times higher during physical training, and 6-9 times higher during medical/rescue operations. Results were robust to all sensitivity and stability analyses. Stressful law enforcement duties are associated with a risk of sudden cardiac death that is markedly higher than the risk during routine/non-emergency duties. Restraints/altercations and pursuits are associated with the greatest risk. Our findings have public health implications and suggest that primary and secondary cardiovascular prevention efforts are needed among law enforcement officers. © Varvarigou et al 2014.

The Costs and Benefits of Openness: Sunshine Laws and Higher Education.

ERIC Educational Resources Information Center

Braman, Sandra; Cleveland, Harlan

The way that "open meeting laws" are working in the governance of U.S. higher education is discussed, based on a study of sunshine laws of 50 states and a survey of case law and attorneys' opinions. In-depth interviews were also conducted with individuals from six states identified as representing a range of openness. From most open to…

Hyperbolic conservation laws and numerical methods

NASA Technical Reports Server (NTRS)

Leveque, Randall J.

1990-01-01

The mathematical structure of hyperbolic systems and the scalar equation case of conservation laws are discussed. Linear, nonlinear systems and the Riemann problem for the Euler equations are also studied. The numerical methods for conservation laws are presented in a nonstandard manner which leads to large time steps generalizations and computations on irregular grids. The solution of conservation laws with stiff source terms is examined.

Case Studies Every Day. Using "The Dallas Morning News" in Law-Related Education.

ERIC Educational Resources Information Center

Garrett, Judith; Yarbro, Judy

Intended to help teachers of law-related education direct student's critical thinking by examining case studies in everyday newspapers, this booklet contains seven activities suitable for use with intermediate and secondary students. By examining daily newspapers and participating in the activities, students (1) determine ways in which the law…

Law, Science, and Narrative: Reflections on Brain Science, Electronic Media, Story, and Law Learning.

ERIC Educational Resources Information Center

Batt, John

1990-01-01

The pedagogical power of narrative has been much underestimated. Master cases using narrative or electronic narrative significantly enhance learning. The modern "bite"-oriented casebook does not make effective use of narrative materials or meet neurological needs. A useful approach might combine master cases, electronic narrative, high-quality…

Sexual Harassment in the Workplace: The Equal Employment Opportunity Commission's New Guidelines.

ERIC Educational Resources Information Center

Oneglia, Stewart B.; Cornelius, Susan French

1981-01-01

The Equal Employment Opportunity Commission's new guidelines, although untested in court, are consistent with prior Title VII case law in the areas of racial harassment and employer liability and more expansive though consistent with existing sexual harassment case law. They should also establish some specificity in the parameters of sexual…

Privatising the Public University: The Case of Law

ERIC Educational Resources Information Center

Thornton, Margaret

2011-01-01

"Privatising the Public University: The Case of Law" is the first full-length critical study examining the impact of the dramatic reforms that have swept through universities over the last two decades. Drawing on extensive research and interviews in Australia, New Zealand, the UK and Canada, Margaret Thornton considers the impact of the…

28 CFR 68.3 - Service of complaint, notice of hearing, written orders, and decisions.

Code of Federal Regulations, 2010 CFR

2010-07-01

...) RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE ADMINISTRATIVE LAW JUDGES IN CASES... Chief Administrative Hearing Officer or the Administrative Law Judge to whom the case is assigned either: (1) By delivering a copy to the individual party, partner of a party, officer of a corporate party...

13 CFR 134.218 - Judges.

Code of Federal Regulations, 2010 CFR

2010-01-01

... OFFICE OF HEARINGS AND APPEALS Rules of Practice for Most Cases § 134.218 Judges. (a) Assignment. The AA... Administrative Law Judge. The AA/OHA will assign all other cases before OHA to either an Administrative Law Judge or an Administrative Judge, or, if the AA/OHA is a duly licensed attorney, to himself or herself. (b...

Traveling waves and conservation laws for highly nonlinear wave equations modeling Hertz chains

NASA Astrophysics Data System (ADS)

Przedborski, Michelle; Anco, Stephen C.

2017-09-01

A highly nonlinear, fourth-order wave equation that models the continuum theory of long wavelength pulses in weakly compressed, homogeneous, discrete chains with a general power-law contact interaction is studied. For this wave equation, all solitary wave solutions and all nonlinear periodic wave solutions, along with all conservation laws, are derived. The solutions are explicitly parameterized in terms of the asymptotic value of the wave amplitude in the case of solitary waves and the peak of the wave amplitude in the case of nonlinear periodic waves. All cases in which the solution expressions can be stated in an explicit analytic form using elementary functions are worked out. In these cases, explicit expressions for the total energy and total momentum for all solutions are obtained as well. The derivation of the solutions uses the conservation laws combined with an energy analysis argument to reduce the wave equation directly to a separable first-order differential equation that determines the wave amplitude in terms of the traveling wave variable. This method can be applied more generally to other highly nonlinear wave equations.

The Costs and Benefits of Openness: Sunshine Laws and Higher Education.

ERIC Educational Resources Information Center

Cleveland, Harlan

1985-01-01

The costs and benefits of openness for governance of higher education are analyzed through a survey of state sunshine laws, relevant case law, state attorney generals' opinions, and interviews with a cross-section of individuals representing the range of openness. (MSE)

44 CFR 6.87 - Specific exemptions.

Code of Federal Regulations, 2014 CFR

2014-10-01

... inquiries of suspected violators of civil and criminal laws and regulations under its jurisdiction. In many cases investigations and inquiries into violations of civil and criminal laws and regulations involve... suspected violators of civil or criminal laws and regulations, would have an opportunity to take measures to...

44 CFR 6.87 - Specific exemptions.

Code of Federal Regulations, 2013 CFR

2013-10-01

... inquiries of suspected violators of civil and criminal laws and regulations under its jurisdiction. In many cases investigations and inquiries into violations of civil and criminal laws and regulations involve... suspected violators of civil or criminal laws and regulations, would have an opportunity to take measures to...

44 CFR 6.87 - Specific exemptions.

Code of Federal Regulations, 2011 CFR

2011-10-01

... inquiries of suspected violators of civil and criminal laws and regulations under its jurisdiction. In many cases investigations and inquiries into violations of civil and criminal laws and regulations involve... suspected violators of civil or criminal laws and regulations, would have an opportunity to take measures to...

44 CFR 6.87 - Specific exemptions.

Code of Federal Regulations, 2012 CFR

2012-10-01

... inquiries of suspected violators of civil and criminal laws and regulations under its jurisdiction. In many cases investigations and inquiries into violations of civil and criminal laws and regulations involve... suspected violators of civil or criminal laws and regulations, would have an opportunity to take measures to...

THE USE OF ELECTRONIC DATA PROCESSING IN CORRECTIONS AND LAW ENFORCEMENT,

DTIC Science & Technology

Reviews the reasons, methods, accomplishments and goals of the use of electronic data processing in the fields of correction and law enforcement . Suggest...statistical and case history data in building a sounder theoretical base in the field of law enforcement . (Author)

28 CFR 68.30 - Disqualification.

Code of Federal Regulations, 2012 CFR

2012-07-01

... Administrative Law Judge a motion to recuse. The motion shall be supported by an affidavit setting forth the alleged grounds for disqualification. The Administrative Law Judge shall rule upon the motion. (c) In the... ADMINISTRATIVE HEARINGS BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF...

28 CFR 68.30 - Disqualification.

Code of Federal Regulations, 2013 CFR

2013-07-01

... Administrative Law Judge a motion to recuse. The motion shall be supported by an affidavit setting forth the alleged grounds for disqualification. The Administrative Law Judge shall rule upon the motion. (c) In the... ADMINISTRATIVE HEARINGS BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF...

28 CFR 68.30 - Disqualification.

Code of Federal Regulations, 2014 CFR

2014-07-01

... Administrative Law Judge a motion to recuse. The motion shall be supported by an affidavit setting forth the alleged grounds for disqualification. The Administrative Law Judge shall rule upon the motion. (c) In the... ADMINISTRATIVE HEARINGS BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF...

28 CFR 68.30 - Disqualification.

Code of Federal Regulations, 2011 CFR

2011-07-01

... Administrative Law Judge a motion to recuse. The motion shall be supported by an affidavit setting forth the alleged grounds for disqualification. The Administrative Law Judge shall rule upon the motion. (c) In the... ADMINISTRATIVE HEARINGS BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF...

28 CFR 68.30 - Disqualification.

Code of Federal Regulations, 2010 CFR

2010-07-01

... Administrative Law Judge a motion to recuse. The motion shall be supported by an affidavit setting forth the alleged grounds for disqualification. The Administrative Law Judge shall rule upon the motion. (c) In the... ADMINISTRATIVE HEARINGS BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF...

Science, Law, and the Pursuit of Knowledge: Should Unethical Research Be Considered for Scientific Knowledge?

ERIC Educational Resources Information Center

Moore, Randy

2002-01-01

Describes similarities and differences between science and law in terms of truth, validity of facts, objectives, and research designs. Discusses ethical issues in teaching science and law and presents two case studies, Nazi hypothermia research and phosgene. (KHR)

Supreme court of Canada's "Beautiful Mind" case.

PubMed

Gray, John E; O'Reilly, Richard L

2009-01-01

The Supreme Court of Canada's (SCC) first case involving capacity and the refusal of involuntary psychiatric treatment involved a self described "professor" who had been referred to as "Canada's Beautiful Mind". He had been found not criminally responsible on account of mental disorder for uttering death threats. While considered incapable of making a treatment decision by psychiatrists and a review board, three levels of court, including the SCC, found him to be capable. "Professor" Starson therefore continued to refuse treatment for his psychosis and spent over seven years detained because he refused the treatment required to become well enough to be released. This refusal of treatment is permitted under Ontario law, although it is not permitted in some other Canadian provinces, and in many other countries. This article describes Starson's situation, Ontario's law with respect to consent to treatment and relevant Canadian constitutional and criminal law. It provides an analysis of the Consent and Capacity Board decision and the court appeals. Implications from Starson's case are analyzed in relation to what happened to Starson, human rights and comparative law pertaining to involuntary patients' refusal of treatment, especially their relevance to the Canadian Charter of Rights and Freedoms, and laws in some other countries. Many Canadian and foreign jurisdictions where laws apparently accord with human rights codes do not allow a person to refuse the treatment required to restore their liberty. We conclude that a law that allows a person with a mental illness to be incarcerated indefinitely in a "hospital" because needed psychiatric treatment cannot, by law, be provided is not justifiable in a caring democratic jurisdiction.

Neuropsychologist experts and neurolaw: cases, controversies, and admissibility challenges.

PubMed

Kaufmann, Paul M

2013-01-01

Clinical neuropsychologists engage increasingly in forensic consulting activities because such expert opinions are generally relevant, reliable and helpful in resolving certain legal claims, especially those related to traumatic brain injury. Consequently, practitioners of law, medicine and psychology would benefit from understanding the nature of neuropsychological evidence, the standards for its admissibility, and its expanding role in neurolaw. This article reviews important evidentiary rules regulating relevance, preliminary questions, and expert testimony, while tracing federal key court decisions and progeny. Civil and criminal cases are detailed to illustrate the application of these rules and case law to neuropsychological evidence, with suggestions for overcoming motions to exclude such evidence. Expert neuropsychologists have a role in forensic consultation on brain trauma cases, even as the interdisciplinary dialog and understanding among law, medicine, and psychology continues to expand. Copyright © 2013 John Wiley & Sons, Ltd.

[Criminal liability in case of medical acts considered to be incompetent: article 6 of the new Italian Law 8 March 2017, n.24].

PubMed

Renzulli, Lorenzo

2017-01-01

In Italy, Law n. 24 of 8 March 2017, Article 6, introduces in the current criminal code, Article 590 sexies entitled "Medical liability in case of death and personal lesions", which follows article 590 quinquies. The new article states that a healthcare professional who has acted in accordance with guidelines approved by the National Health Institute or, if no such guidelines exist, in accordance with good clinical practices, is not criminally liable in case of death or personal lesions due to actions that could be considered to be incompetent. We discuss criminal liability of health professionals in Italy in light of this new law, and decriminalization in case of adverse event due to incompetence, also in the context of medical care provided by different health professionals.

The Situation of ICT Usage in Nagoya University Law School

NASA Astrophysics Data System (ADS)

Kaneko, Daisuke; Sugawara, Ikuo

Since the introduction of a new legal education system in 2004, some of Japanese legal educational institutions have changed into professional schools which names are Law School. These law schools are required not only theoretical studies but also professional skills training. Law students, however, have limited time to complete this agenda, so law professors have to teach courses effectively. In this paper, the authors present the situation of ICT usage in Nagoya University Law School as a case study to describe and to critique systems to support theoretical studies and professional skills training.

Admissions Decisions, the Law, and Students with Disabilities

ERIC Educational Resources Information Center

Kutnak, Michael J.; Janosik, Steven M.

2015-01-01

This article explores the legal implications for U.S. higher education administrators who make admissions decisions regarding students with disabilities. A review of federal legislation, case law, and government agency rulings pertaining to higher education admissions and students with disabilities informs administrators of current law.…

Kidneys for transplant--"opting out" law in Singapore.

PubMed

Iyer, T K

1987-01-01

This paper is about the legislative attempt in Singapore to obtain more cadaver kidneys for transplants. It is a brief account of the major features of the bill which has become law since this note was written. The bill and the law are identical in this case.

28 CFR 77.2 - Definitions.

Code of Federal Regulations, 2010 CFR

2010-07-01

... duly appointed pursuant to 28 U.S.C. 543 who is authorized to conduct criminal or civil law enforcement... of Justice who is authorized to conduct criminal or civil law enforcement proceedings on behalf of... civil law enforcement litigation or to supervise such proceedings. (b) The term case means any...

28 CFR 77.2 - Definitions.

Code of Federal Regulations, 2014 CFR

2014-07-01

... duly appointed pursuant to 28 U.S.C. 543 who is authorized to conduct criminal or civil law enforcement... of Justice who is authorized to conduct criminal or civil law enforcement proceedings on behalf of... civil law enforcement litigation or to supervise such proceedings. (b) The term case means any...

28 CFR 77.2 - Definitions.

Code of Federal Regulations, 2012 CFR

2012-07-01

... duly appointed pursuant to 28 U.S.C. 543 who is authorized to conduct criminal or civil law enforcement... of Justice who is authorized to conduct criminal or civil law enforcement proceedings on behalf of... civil law enforcement litigation or to supervise such proceedings. (b) The term case means any...

28 CFR 77.2 - Definitions.

Code of Federal Regulations, 2011 CFR

2011-07-01

... duly appointed pursuant to 28 U.S.C. 543 who is authorized to conduct criminal or civil law enforcement... of Justice who is authorized to conduct criminal or civil law enforcement proceedings on behalf of... civil law enforcement litigation or to supervise such proceedings. (b) The term case means any...

28 CFR 77.2 - Definitions.

Code of Federal Regulations, 2013 CFR

2013-07-01

... duly appointed pursuant to 28 U.S.C. 543 who is authorized to conduct criminal or civil law enforcement... of Justice who is authorized to conduct criminal or civil law enforcement proceedings on behalf of... civil law enforcement litigation or to supervise such proceedings. (b) The term case means any...

Legal Bibliography for Juvenile and Family Courts. Supplement 2.

ERIC Educational Resources Information Center

Sheridan, William H.; Freer, Alice B.

This bibliography provides a listing of journal articles on such topics as: the abused child, adoptions, case decisions, confessions, constitutional law, counsel, court administration and organization, courts, criminal law and procedure, custody, delinquency, domestic relations, due process for juveniles, evidence, family court and family law,…

28 CFR 68.54 - Administrative review of a final order of an Administrative Law Judge in cases arising under...

Code of Federal Regulations, 2010 CFR

2010-07-01

... 5 U.S.C. 557, to review any final order of an Administrative Law Judge in accordance with the... request for administrative review within ten (10) days of the date of entry of the Administrative Law... Administrative Hearing Officer may review an Administrative Law Judge's final order on his or her own initiative...

28 CFR 68.54 - Administrative review of a final order of an Administrative Law Judge in cases arising under...

Code of Federal Regulations, 2012 CFR

2012-07-01

... 5 U.S.C. 557, to review any final order of an Administrative Law Judge in accordance with the... Administrative Hearing Officer may review an Administrative Law Judge's final order on his or her own initiative... Administrative Law Judge's order. This notification shall state the issues to be reviewed. (b) Written and oral...

28 CFR 68.54 - Administrative review of a final order of an Administrative Law Judge in cases arising under...

Code of Federal Regulations, 2014 CFR

2014-07-01

... 5 U.S.C. 557, to review any final order of an Administrative Law Judge in accordance with the... Administrative Hearing Officer may review an Administrative Law Judge's final order on his or her own initiative... Administrative Law Judge's order. This notification shall state the issues to be reviewed. (b) Written and oral...

28 CFR 68.54 - Administrative review of a final order of an Administrative Law Judge in cases arising under...

Code of Federal Regulations, 2011 CFR

2011-07-01

... 5 U.S.C. 557, to review any final order of an Administrative Law Judge in accordance with the... Administrative Hearing Officer may review an Administrative Law Judge's final order on his or her own initiative... Administrative Law Judge's order. This notification shall state the issues to be reviewed. (b) Written and oral...

28 CFR 68.54 - Administrative review of a final order of an Administrative Law Judge in cases arising under...

Code of Federal Regulations, 2013 CFR

2013-07-01

... 5 U.S.C. 557, to review any final order of an Administrative Law Judge in accordance with the... Administrative Hearing Officer may review an Administrative Law Judge's final order on his or her own initiative... Administrative Law Judge's order. This notification shall state the issues to be reviewed. (b) Written and oral...

Prehospital chemical restraint of a noncommunicative autistic minor by law enforcement.

PubMed

Ho, Jeffrey D; Nystrom, Paul C; Calvo, Darryl V; Berris, Marc S; Norlin, Jeffrey F; Clinton, Joseph E

2012-01-01

When responders are dealing with an agitated patient in the field, safety for all involved may sometimes only be accomplished with physical or chemical restraints. While experiences using chemical restraint in the prehospital setting are found in the medical literature, the use of this by law enforcement as a first-response restraint has not previously been described. We report a case of successful law enforcement-administered sedation of a noncommunicative, autistic, and violent minor using intramuscular droperidol and diphenhydramine. Although this case has some unique characteristics that allowed chemical restraint to be given by the law enforcement agency, it calls attention to some specific prehospital issues that need to be addressed when dealing with autistic patients with extreme agitation.

Pathways to Identity: Aiding Law Enforcement in Identification Tasks With Visual Analytics

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

Bruce, Joseph R.; Scholtz, Jean; Hodges, Duncan

The nature of identity has changed dramatically in recent years, and has grown in complexity. Identities are defined in multiple domains: biological and psychological elements strongly contribute, but also biographical and cyber elements are necessary to complete the picture. Law enforcement is beginning to adjust to these changes, recognizing its importance in criminal justice. The SuperIdentity project seeks to aid law enforcement officials in their identification tasks through research of techniques for discovering identity traits, generation of statistical models of identity and analysis of identity traits through visualization. We present use cases compiled through user interviews in multiple fields, includingmore » law enforcement, as well as the modeling and visualization tools design to aid in those use cases.« less

Pathways to Identity. Using Visualization to Aid Law Enforcement in Identification Tasks

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

Bruce, Joseph R.; Scholtz, Jean; Hodges, Duncan

The nature of identity has changed dramatically in recent years and has grown in complexity. Identities are defined in multiple domains: biological and psychological elements strongly contribute, but biographical and cyber elements also are necessary to complete the picture. Law enforcement is beginning to adjust to these changes, recognizing identity’s importance in criminal justice. The SuperIdentity project seeks to aid law enforcement officials in their identification tasks through research of techniques for discovering identity traits, generation of statistical models of identity and analysis of identity traits through visualization. We present use cases compiled through user interviews in multiple fields, includingmore » law enforcement, and describe the modeling and visualization tools design to aid in those use cases.« less

Crime on Campus: Institutional Tort Liability for the Criminal Acts of Third Parties.

ERIC Educational Resources Information Center

Raddatz, Anita

To aid colleges and universities in protecting students and other potential victims of crime, a general analysis of the pertinent case law concerning institutional tort liability for campus crime is provided. The analysis of case law explains that lawsuits are usually based on the theory of negligence. Negligence consists of four elements: duty;…

Students with Prader-Willi Syndrome: Case Law under the IDEA

ERIC Educational Resources Information Center

Zirkel, Perry A.

2017-01-01

Prader-Willi Syndrome (PWS) is one of the low-incidence physical disabilities that the literature has not addressed in relation to the Individuals with Disabilities Education Act and its case law applications. To help fill the gap, this relatively brief article provides (a) an introduction of PWS from legal sources; (b) an overview of the IDEA,…

An Advocacy Exercise for a Psychology and Law Course

ERIC Educational Resources Information Center

Greene, Edie

2008-01-01

This article describes an active learning component of an advanced course in psychology and law. The assignment is to present, in the context of a mock appellate court, the best available psychological data in support of one party in a legal case. Students choose one side of a hypothetical case, locate and review the relevant scientific…

Cross-Cultural Collisions in Cyberspace: Case Studies of International Legal Issues for Educators Working in Globally Networked Learning Environments

ERIC Educational Resources Information Center

Rife, Martine Courant

2010-01-01

This article explores some of the legal and law-related challenges educators face in designing, implementing, and sustaining globally networked learning environments (GNLEs) in the context of conflicting international laws on intellectual property and censorship/free speech. By discussing cases and areas involving such legal issues, the article…

Fundamental Fairness in Search of a Legal Rationale in Private College Student Discipline and Expulsions

ERIC Educational Resources Information Center

Beach, John A.

1974-01-01

In discussing the present state of the law concerning judicial review of student expulsion and discipline cases at private colleges and universities and the quest for a satisfactory legal rationale for achieving fundamental fairness in those cases, the author argues that there are nonconstitutional doctrines of public policy and contract law not…

Maximizing Student Learning through Enron: The Ultimate B-Law Case Study

ERIC Educational Resources Information Center

Sipe, Stephanie R.

2007-01-01

The Enron scandal has been described as "the corporate scandal of the century." Books have been written about it, its full-length documentary film was nominated for an Academy Award, it appears as an ethical case study in nearly every college business law textbook written since 2002, and for five years running, it has captivated the…

The Case Law on Student Teachers' Rights

ERIC Educational Resources Information Center

Karanxha, Zorka; Zirkel, Perry A.

2008-01-01

The article provides a concise and up-to-date synthesis of the published case law where a student teacher was the plaintiff, or suing party, and the defendant was an institution of higher education and/or the cooperating local school district. There were 28 of these court decisions, and the outcomes favored the defendant institutions in 23 of them…

Alcohol Highway-Traffic Safety Workshop for Law Enforcement Officers.

ERIC Educational Resources Information Center

Walker, William; And Others

The manual, designed for one- and-one-half-day workshops with 20 to 40 law enforcement professionals who handle driving while intoxicated (DWI) cases, is directed toward recognizing the special role of the police officer as decision-maker in cases involving drunk or impaired driving. It is one of five workshop manuals developed to assist State and…

Aftershocks following crash of currency exchange rate: The case of RUB/USD in 2014

NASA Astrophysics Data System (ADS)

Usmanova, Vasilya; Lysogorskiy, Yury V.; Abe, Sumiyoshi

2018-02-01

The dynamical behavior of the currency exchange rate after its large-scale catastrophe is discussed through a case study of the rate of Russian rubles to US dollars after its crash in 2014. It is shown that, similarly to the case of the stock market crash, the relaxation is characterized by a power law, which is in analogy with the Omori-Utsu law for earthquake aftershocks. The waiting-time distribution is found to also obey a power law. Furthermore, the event-event correlation is discussed, and the aging phenomenon and scaling property are observed. Comments are made on (non-)Markovianity of the aftershock process and on a possible relevance of glassy dynamics to the market system after the crash.

Police Reforms: Identifying The Potential Adverse Impacts And Challenges To Law Enforcement Agencies

DTIC Science & Technology

2017-12-01

their full impact on law enforcement agencies will be known in the coming years not months. The following chapter features three case studies ...and the PERF Guiding Principles. These case studies consider the impacts on agency outputs in terms of proactive officer activity along with some...reforms adopted through NYPD policy and legislative action on the part of the New York City Council. The purpose of these case studies is to

Preventive Law for School Administrators.

ERIC Educational Resources Information Center

Hawkins, Harold L.

This chapter focuses on the need for a revised relationship between schools and the courts through the concept of preventive law. The chapter reviews court cases and presents an overview of conflict resolution models and strategies for reducing litigation. Preventive law assumes that greater use of its strategies affords a lesser need for conflict…

8 CFR 292.1 - Representation of others.

Code of Federal Regulations, 2010 CFR

2010-01-01

... direct or indirect remuneration from the alien he or she represents; (iii) In the case of a law graduate... remuneration from the alien he or she represents; and (iv) The law student's or law graduate's appearance is... director, officer-in-charge, regional director, the Commissioner, or the Board). The official or officials...

Responses to the Law: A Word of Caution.

ERIC Educational Resources Information Center

Parr, Preston; Buchanan, E. T.

1979-01-01

Universities have faced a wave of legalism. The lowering of the legal age of adulthood and the case law revolution that led to the death of "in loco parentis" implies a greater responsibility by the institution. Together, deans and lawyers must work to support the law and institutional purposes. (Author/CMG)

Visually Handicapped People and the Law.

ERIC Educational Resources Information Center

Bishop, V. E.

1987-01-01

The paper explores the definitional problems of visual handicaps, especially in terms of the legal definition of blindness. A brief history of relevant laws and a discussion of current case law precede a section providing suggestions for strengthening the legal position of the visually handicapped in future litigation. (Author/DB)

Teaching Strategy: Using the Civil Law Poster.

ERIC Educational Resources Information Center

Update on Law-Related Education, 1997

1997-01-01

Presents a series of instructional activities to be used in conjunction with a poster that identifies types of cases and processes associated with civil law. Includes procedures for the instructional activities, objectives, a poster, and student handouts using tables and graphs to illustrate current facts about tort law. (MJP)

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…

Science and Policy Interactions: A Case Study with Acid Rain

EPA Science Inventory

Management of air pollution has a long history in the United States. A succession of laws, with the first Federal law, passed in 1955, has lead to substantial reductions in emissions and improvements in air quality. These laws were simulated originally by acute local effects on ...

42 CFR 422.400 - State licensure requirement.

Code of Federal Regulations, 2012 CFR

2012-10-01

... (CONTINUED) MEDICARE PROGRAM (CONTINUED) MEDICARE ADVANTAGE PROGRAM Organization Compliance With State Law and Preemption by Federal Law § 422.400 State licensure requirement. Except in the case of a PSO granted a waiver under subpart H of this part, each MA organization must— (a) Be licensed under State law...

Teacher Evaluation: A Case of "Loreful" Leadership

ERIC Educational Resources Information Center

Zirkel, Perry A.

2013-01-01

Educators and the public believe that it is exceedingly difficult to terminate incompetent teachers because of their legal protections in federal civil rights law, state tenure laws, and--even for states that do not have tenure laws-- the procedural and substantive requirements that are specific to performance evaluation in state and local…

32 CFR 1901.33 - Allocation of resources; agreed extensions of time.

Code of Federal Regulations, 2012 CFR

2012-07-01

... cases consistent with established law. The Director, Information Management through the Agency Release... imposed on the component by the Director of Central Intelligence or otherwise by law, (3) The information... all members of the public under the various information review and disclosure laws. (b) Discharge of...

32 CFR 1901.33 - Allocation of resources; agreed extensions of time.

Code of Federal Regulations, 2010 CFR

2010-07-01

... cases consistent with established law. The Director, Information Management through the Agency Release... imposed on the component by the Director of Central Intelligence or otherwise by law, (3) The information... all members of the public under the various information review and disclosure laws. (b) Discharge of...

32 CFR 1901.33 - Allocation of resources; agreed extensions of time.

Code of Federal Regulations, 2014 CFR

2014-07-01

... cases consistent with established law. The Director, Information Management through the Agency Release... imposed on the component by the Director of Central Intelligence or otherwise by law, (3) The information... all members of the public under the various information review and disclosure laws. (b) Discharge of...

Military Citation, Seventh Edition, August 2001

DTIC Science & Technology

2001-09-04

PAM. 27-9, LEGAL SERVICES: MILITARY JUDGES’ BENCHBOOK (1 Apr. 2001) [hereinafter BENCHBOOK]. Contract Law —Cases and Administrative Decisions...284833.3, July 17, 2001, available at but available at GAO Web site: http://www.gao.gov/decisions/bidpro/2848333.pdf. Contract Law Sources (Part...Courts-Martial ........................................................................... 5 V. Contract Law Administrative Decisions

Ethical Considerations in Filing Personal Bankruptcy: A Hypothetical Case Study

ERIC Educational Resources Information Center

Landry, Robert J., III

2012-01-01

A great deal of research by legal studies scholars pertains to employment law, international law, and corporate governance, as well as other fields including ethics and international law. The fields typically addressed are very important and rightfully receive considerable attention in the scholarship and textbooks. However, bankruptcy as a…

46 CFR 5.567 - Order.

Code of Federal Regulations, 2010 CFR

2010-10-01

...-PERSONNEL ACTION Hearings § 5.567 Order. (a) The Administrative Law Judge enters an order which recites the disposition of the case. When the finding is not proved, the Administrative Law Judge issues an order... Law Judge may order an admonition, suspension with or without probation, or revocation. (b) The order...

76 FR 31943 - Notice of Proposed Information Collection Requests

Federal Register 2010, 2011, 2012, 2013, 2014

2011-06-02

..., Evaluation and Policy Development Type of Review: New. Title of Collection: Analysis of State Bullying Laws... bullying laws and policies. The field data collection portion of the study will involve case studies conducted in 24 school sites nationwide to document state and local implementation of anti-bullying laws and...

Primer of Equal Employment Opportunity.

ERIC Educational Resources Information Center

Anderson, Howard J.

This booklet presents laws and court cases concerning discrimination in hiring. It begins with a presentation of the laws and orders regulating equal employment opportunity and the remedies available. It lists those employees and employers to whom the laws apply and exemptions. Sections deal with discrimination on the basis of race, sex, sexual…

Teachers and the Law.

ERIC Educational Resources Information Center

Fischer, Louis; And Others

This book is designed to promote legal literacy for public school teachers. It examines a wide range of constitutional, statutory, and case law that directly affects their work. Its purpose is to provide teachers with the knowledge necessary to comply with the law, assert their rights, and bring violations to the attention of administrators and…

The First Law of Elasticity

ERIC Educational Resources Information Center

Girill, T. R.

1972-01-01

The Boyle-Mariotte gas law was formulated in terms of pneumatic springs," subsumed by Hooke under his own stress-strain relation, and generally regarded as a law of elasticity. The subsequent development of Boyle's principle and elasticity provide thought-provoking test cases for Kuhn's notations of paradigm and puzzle solving in physics.…

77 FR 35879 - Defense Federal Acquisition Regulation Supplement: Title 41 Positive Law Codification-Further...

Federal Register 2010, 2011, 2012, 2013, 2014

2012-06-15

... Acquisition Regulation Supplement: Title 41 Positive Law Codification--Further Implementation (DFARS Case 2012...) to conform statutory titles throughout the DFARS to the new Positive Law Codification of Title 41... the ``Service Contract Labor Standards statute''). A table providing the historical titles of the Acts...

Decision-Making Capacity and Unusual Beliefs: Two Contentious Cases : Australasian Association of Bioethics and Health Law John McPhee (Law) Student Essay Prize 2016.

PubMed

Hyslop, Brent

2017-09-01

Decision-making capacity is a vital concept in law, ethics, and clinical practice. Two legal cases where capacity literally had life and death significance are NHS Trust v Ms T [2004] and Kings College Hospital v C [2015]. These cases share another feature: unusual beliefs. This essay will critically assess the concept of capacity, particularly in relation to the unusual beliefs in these cases. Firstly, the interface between capacity and unusual beliefs will be examined. This will show that the "using and weighing of information" is the pivotal element in assessment. Next, this essay will explore the relationship between capacity assessment and a decision's "rationality." Then, in light of these findings, the essay will appraise the judgments in NHS v T and Kings v C, and consider these judgments' implications. More broadly, this essay asks: Does capacity assessment examine only the decision-making process (as the law states), or is it also influenced by a decision's rationality? If influenced by rationality, capacity assessment has the potential to become "a search and disable policy aimed at those who are differently orientated in the human life-world" (Gillett 2012, 233). In contentious cases like these, this potential deserves attention.

Scientific explanations in Greek upper secondary physics textbooks

NASA Astrophysics Data System (ADS)

Velentzas, Athanasios; Halkia, Krystallia

2018-01-01

In this study, an analysis of the structure of scientific explanations included in physics textbooks of upper secondary schools in Greece was completed. In scientific explanations for specific phenomena found in the sample textbooks, the explanandum is a logical consequence of the explanans, which in all cases include at least one scientific law (and/or principle, model or rule) previously presented, as well as statements concerning a specific case or specific conditions. The same structure is also followed in most of the cases in which the textbook authors explain regularities (i.e. laws, rules) as consequences of one or more general law or principle of physics. Finally, a number of the physics laws and principles presented in textbooks are not deduced as consequences from other, more general laws, but they are formulated axiomatically or inductively derived and the authors argue for their validity. Since, as it was found, the scientific explanations presented in the textbooks used in the study have similar structures to the explanations in internationally known textbooks, the findings of the present work may be of interest not only to science educators in Greece, but also to the community of science educators in other countries.

77 FR 58975 - Pennsylvania Regulatory Program

Federal Register 2010, 2011, 2012, 2013, 2014

2012-09-25

... Mining Control and Reclamation Act of 1977, its legislative history, its implementing regulations, case law, other State or Federal laws and regulations, data, technical literature, or relevant publications...

Hydrodynamics-based functional forms of activity metabolism: a case for the power-law polynomial function in animal swimming energetics.

PubMed

Papadopoulos, Anthony

2009-01-01

The first-degree power-law polynomial function is frequently used to describe activity metabolism for steady swimming animals. This function has been used in hydrodynamics-based metabolic studies to evaluate important parameters of energetic costs, such as the standard metabolic rate and the drag power indices. In theory, however, the power-law polynomial function of any degree greater than one can be used to describe activity metabolism for steady swimming animals. In fact, activity metabolism has been described by the conventional exponential function and the cubic polynomial function, although only the power-law polynomial function models drag power since it conforms to hydrodynamic laws. Consequently, the first-degree power-law polynomial function yields incorrect parameter values of energetic costs if activity metabolism is governed by the power-law polynomial function of any degree greater than one. This issue is important in bioenergetics because correct comparisons of energetic costs among different steady swimming animals cannot be made unless the degree of the power-law polynomial function derives from activity metabolism. In other words, a hydrodynamics-based functional form of activity metabolism is a power-law polynomial function of any degree greater than or equal to one. Therefore, the degree of the power-law polynomial function should be treated as a parameter, not as a constant. This new treatment not only conforms to hydrodynamic laws, but also ensures correct comparisons of energetic costs among different steady swimming animals. Furthermore, the exponential power-law function, which is a new hydrodynamics-based functional form of activity metabolism, is a special case of the power-law polynomial function. Hence, the link between the hydrodynamics of steady swimming and the exponential-based metabolic model is defined.

Parental Refusal of Childhood Vaccines and Medical Neglect Laws.

PubMed

Parasidis, Efthimios; Opel, Douglas J

2017-01-01

To examine the relation of vaccine refusal and medical neglect under child welfare laws. We used the Westlaw legal database to search court opinions from 1905 to 2016 and identified cases in which vaccine refusal was the sole or a primary reason in a neglect proceeding. We also delineated if religious or philosophical exemptions from required school immunizations were available at the time of adjudication. Our search yielded 9 cases from 5 states. Most courts (7 of 9) considered vaccine refusal to constitute neglect. In the 4 cases decided in jurisdictions that permitted religious exemptions, courts either found that vaccine refusal did not constitute neglect or considered it neglect only in the absence of a sincere religious objection to vaccination. Some states have a legal precedent for considering parental vaccine refusal as medical neglect, but this is based on a small number of cases. Each state should clarify whether, under its laws, vaccine refusal constitutes medical neglect.

Power-law Exponent in Multiplicative Langevin Equation with Temporally Correlated Noise

NASA Astrophysics Data System (ADS)

Morita, Satoru

2018-05-01

Power-law distributions are ubiquitous in nature. Random multiplicative processes are a basic model for the generation of power-law distributions. For discrete-time systems, the power-law exponent is known to decrease as the autocorrelation time of the multiplier increases. However, for continuous-time systems, it is not yet clear how the temporal correlation affects the power-law behavior. Herein, we analytically investigated a multiplicative Langevin equation with colored noise. We show that the power-law exponent depends on the details of the multiplicative noise, in contrast to the case of discrete-time systems.

Movement simulation of the variable masses in the Gylden-Meshcherskii problem

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

Starinova, Olga L.; Salmin, Vadim V.

The Gylden-Meshcherskii problem is used for various cases of dynamics of two points of the variable mass. For example, it describes of double star evolution due to mass loss at the photon expense and the corpuscular activity. Except, it is mathematical model for the movement of spacecraft with propulsion system. In the present work the mass variation laws, allowing a stationary form of the movement differential equations are considered. Movement simulation for all cases was conducted. The relative movement trajectories was constructed as for known Eddington-Jeans laws and for other mass variation laws.

Casuistry as common law morality.

PubMed

Paulo, Norbert

2015-12-01

This article elaborates on the relation between ethical casuistry and common law reasoning. Despite the frequent talk of casuistry as common law morality, remarks on this issue largely remain at the purely metaphorical level. The article outlines and scrutinizes Albert Jonsen and Stephen Toulmin's version of casuistry and its basic elements. Drawing lessons for casuistry from common law reasoning, it is argued that one generally has to be faithful to ethical paradigms. There are, however, limitations for the binding force of paradigms. The most important limitations--the possibilities of overruling and distinguishing paradigm norms--are similar in common law and in casuistry, or so it is argued. These limitations explain why casuistry is not necessarily overly conservative and conventional, which is one line of criticism to which casuists can now better respond. Another line of criticism has it that the very reasoning from case to case is extremely unclear in casuistry. I suggest a certain model of analogical reasoning to address this critique. All my suggestions to understand and to enhance casuistry make use of common law reasoning whilst remaining faithful to Jonsen and Toulmin's main ideas and commitments. Further developed along these lines, casuistry can appropriately be called "common law morality."

28 CFR 68.57 - Judicial review of the final agency order of an Administrative Law Judge in cases arising under...

Code of Federal Regulations, 2010 CFR

2010-07-01

... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Judicial review of the final agency order of an Administrative Law Judge in cases arising under section 274B. 68.57 Section 68.57 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS...

State Law and Policy Related to Twice-Exceptional Learners: Implications for Practitioners and Policymakers

ERIC Educational Resources Information Center

Roberts, Julia Link; Pereira, Nielsen; Knotts, J. Dusteen

2015-01-01

Legislation and policy lead to action. In the absence of law or policy, situations are addressed on a case-by-case basis or they are sometimes ignored. Legislation and policy become extremely important when they relate to groups that have traditionally been marginalized, such as students with disabilities or students with gifts and talents, and…

The Implementation of Pay for Performance in Idaho Schools: A Case Study of Teacher Perceptions

ERIC Educational Resources Information Center

Staniec, Shelly Ann

2013-01-01

This is a qualitative narrative case study set in an Idaho high school where twelve educators offered their viewpoints on the implementation of Idaho's pay-for-performance legislation. In the spring of 2011, Idaho legislators passed laws aimed at increasing student performance and college or career readiness. These laws, known as Idaho's Students…

U.S. Case Law and Legal Precedent Affirming the Due Process Rights of Immigrants Fleeing Persecution.

PubMed

Sidhu, Shawn S; Boodoo, Ramnarine

2017-09-01

The political discourse on domestic immigration policy has shifted rapidly in recent years, mirrored by similar shifts in the geopolitical climate worldwide. However, a nuanced assessment of the legal basis backing such rhetoric is sorely lacking. This article examines the historical, legal, and case law precedent as it pertains specifically to immigrants who are fleeing persecution and residing within the United States. Due process rights emerged from the Fifth, Sixth, and Fourteenth Constitutional Amendments and have been expanded to include this population through several sequential United States Supreme Court Cases. We review the 1951 Convention Related to the Status of Refugees and 1967 Protocol Relating to the Status of Refugees and examine subsequent case law and legal precedent. We then present evidence documenting widespread violations of due process rights for immigrants fleeing persecution. Specifically, we address the right to a fair hearing for individuals fearing for their lives upon return to their home country, the right against wrongful detainment, and the right to apply for asylum regardless of religion or country of origin. We conclude by addressing potential counterarguments to our thesis, future directions, and the role of forensic psychiatrists. © 2017 American Academy of Psychiatry and the Law.

Legal and policy barriers to sharing data between public health programs in New York City: a case study.

PubMed

Gasner, M Rose; Fuld, Jennifer; Drobnik, Ann; Varma, Jay K

2014-06-01

Integration of public health surveillance data within health departments is important for public health activities and cost-efficient coordination of care. Access to and use of surveillance data are governed by public health law and by agency confidentiality and security policies. In New York City, we examined public health laws and agency policies for data sharing across HIV, sexually transmitted disease, tuberculosis, and viral hepatitis surveillance programs. We found that recent changes to state laws provide greater opportunities for data sharing but that agency policies must be updated because they limit increased data integration. Our case study can help other health departments conduct similar reviews of laws and policies to increase data sharing and integration of surveillance data.

The relationship of workers' compensation to the Americans with Disabilities Act and Family and Medical Leave Act.

PubMed

Geaney, John H

2004-05-01

This article examines the intersection of workers' compensation laws with the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). Much ADA and FMLA litigation stems from work-related injuries or illnesses. Knowledge of the ADA and FMLA may help prevent workers' compensation cases from resulting in costly employment litigation. Employees who are absent from work for a work-related condition often have rights under other laws, besides workers' compensation laws, such as the ADA and FMLA. Employers need to be cognizant of this while addressing these cases. First, the goals of state workers' compensation laws and the ADA and FMLA are reviewed. Then specific issues involving the intersection of workers' compensation, ADA,and FMLA are discussed.

Legal Currency in Special Education Law

ERIC Educational Resources Information Center

Zirkel, Perry A.

2011-01-01

A review of some basic concepts in special education law will help principals better understand the complex laws and regulations implicated in common situations. This article cites a case scenario that illustrates various potential issues under IDEA 2004 and Section 504 of the Rehabilitation Act. Chris is in the 10th grade, and his parents have…

26 CFR 301.7122-1 - Compromises.

Code of Federal Regulations, 2014 CFR

2014-04-01

... internal revenue laws prior to reference of a case involving such a liability to the Department of Justice... existence or amount of the correct tax liability under the law. Doubt as to liability does not exist where... of the full liability would undermine public confidence that the tax laws are being administered in a...

26 CFR 301.7122-1 - Compromises.

Code of Federal Regulations, 2011 CFR

2011-04-01

... internal revenue laws prior to reference of a case involving such a liability to the Department of Justice... existence or amount of the correct tax liability under the law. Doubt as to liability does not exist where... of the full liability would undermine public confidence that the tax laws are being administered in a...

Illinois School Law Survey. Seventh Edition.

ERIC Educational Resources Information Center

Braun, Brian A.

This survey provides answers to general questions regarding statutes and case law with respect to schools in force as of January 1, 2002, and administrative rules in effect as of March 30, 2001. It generally excludes, however, laws that are unique to Chicago Public School District 299. The book contains 27 chapters covering the following broad…

75 FR 81457 - Paroling, Recommitting, and Supervising Federal Prisoners: Prisoners Serving Sentences Under the...

Federal Register 2010, 2011, 2012, 2013, 2014

2010-12-28

... jurisdiction designation a case in which the offender caused the death of a law enforcement officer while the... offense behavior caused the death of a law enforcement officer during the officer's performance of his... voting procedure for prisoners who have caused the death of law enforcement personnel, the Commission...

Forging Appealing Identities in Complex Environments: A Case Study of American Law Schools

ERIC Educational Resources Information Center

Pizarro Milian, Roger

2017-01-01

Competition has intensified substantially within the American law school sector in recent decades. Scholars note that this has augmented pressures to engage in institutional self-promotion, as law schools attempt to distinguish themselves within a severely over-crowded marketplace. To date, however, few have ventured to empirically examine the…

Youth and the Law. First Edition 1973.

ERIC Educational Resources Information Center

Educational Research Council of America, Cleveland, OH. Social Science Program.

This student book for the nine week, junior high course "Youth and the Law" addresses juvenile delinquency. The content is organized by chapters dealing with growing up, juvenile crime, causes of delinquency laws, vandalism and shoplifting, and four case studies in delinquency. The students are asked to consider what adolescence is and how it…

20 CFR 404.1546 - Responsibility for assessing your residual functional capacity.

Code of Federal Regulations, 2010 CFR

2010-04-01

... Council level. If your case is at the administrative law judge hearing level under § 404.929 or at the Appeals Council review level under § 404.967, the administrative law judge or the administrative appeals... Board levels of the administrative review process, the Federal reviewing official, administrative law...

20 CFR 416.946 - Responsibility for assessing your residual functional capacity.

Code of Federal Regulations, 2010 CFR

2010-04-01

... functional capacity at the administrative law judge hearing or Appeals Council level. If your case is at the administrative law judge hearing level under § 416.1429 or at the Appeals Council review level under § 416.1467... official, administrative law judge, and Decision Review Board levels of the administrative review process...

76 FR 78874 - Defense Federal Acquisition Regulation Supplement: Title 41 Positive Law Codification-Further...

Federal Register 2010, 2011, 2012, 2013, 2014

2011-12-20

... Regulation Supplement: Title 41 Positive Law Codification--Further Implementation (DFARS Case 2012- D003... statutory titles to the new Positive Law Codification of Title 41, United States Code, ``Public Contracts... 111-350 enacted a new codified version of Title 41 United States Code (U.S.C.), entitled ``Public...

Arrests for child pornography production: data at two time points from a national sample of U.S. law enforcement agencies.

PubMed

Wolak, Janis; Finkelhor, David; Mitchell, Kimberly J; Jones, Lisa M

2011-08-01

This study collected information on arrests for child pornography (CP) production at two points (2000-2001 and 2006) from a national sample of more than 2,500 law enforcement agencies. In addition to providing descriptive data about an understudied crime, the authors examined whether trends in arrests suggested increasing CP production, shifts in victim populations, and challenges to law enforcement. Arrests for CP production more than doubled from an estimated 402 in 2000-2001 to an estimated 859 in 2006. Findings suggest the increase was related to increased law enforcement activity rather than to growth in the population of CP producers. Adolescent victims increased, but there was no increase in the proportion of arrest cases involving very young victims or violent images. Producers distributed images in 23% of arrest cases, a proportion that did not change over time. This suggests that much CP production may be primarily for private use. Proactive law enforcement operations increased, as did other features consistent with a robust law enforcement response.

Method and metaphysics in Clements's and Gleason's ecological explanations.

PubMed

Eliot, Christopher

2007-03-01

To generate explanatory theory, ecologists must wrestle with how to represent the extremely many, diverse causes behind phenomena in their domain. Early twentieth-century plant ecologists Frederic E. Clements and Henry A. Gleason provide a textbook example of different approaches to explaining vegetation, with Clements allegedly committed, despite abundant exceptions, to a law of vegetation, and Gleason denying the law in favor of less organized phenomena. However, examining Clements's approach to explanation reveals him not to be expressing a law, and instead to be developing an explanatory structure without laws, capable of progressively integrating causal complexity. Moreover, Clements and Gleason largely agree on the causes of vegetation; but, since causal understanding here underdetermines representation, they differ on how to integrate recognized causes into general theory--that is, in their methodologies. Observers of the case may have mistakenly assumed that scientific representation across the disciplines typically aims at laws like Newton's, and that representations always reveal scientists' metaphysical commitments. Ironically, in the present case, this assumption seems to have been made even by observers who regard Clements as nai ve for his alleged commitment to an ecological law.

Effect of drive-through delivery laws on postpartum length of stay and hospital charges.

PubMed

Liu, Zhimei; Dow, William H; Norton, Edward C

2004-01-01

Postpartum hospital length of stay fell rapidly during the 1980s and 1990s, perhaps due to increased managed care penetration. In response, 32 states enacted early postpartum discharge laws between 1995 and 1997, and a federal law took effect in 1998. We analyze how these laws changed length of stay and hospital charges, using a national discharge database. Difference-in-differences models show that the laws increased both length of stay and hospital charges, but the magnitude of this effect is much smaller than has been estimated in previously reported case studies. Furthermore, we find that effects vary by law details, that ERISA diluted the law effects, and that law effects partially spilled over to unregulated Medicaid births.

Transitions in state public health law: comparative analysis of state public health law reform following the Turning Point Model State Public Health Act.

PubMed

Meier, Benjamin Mason; Hodge, James G; Gebbie, Kristine M

2009-03-01

Given the public health importance of law modernization, we undertook a comparative analysis of policy efforts in 4 states (Alaska, South Carolina, Wisconsin, and Nebraska) that have considered public health law reform based on the Turning Point Model State Public Health Act. Through national legislative tracking and state case studies, we investigated how the Turning Point Act's model legal language has been considered for incorporation into state law and analyzed key facilitating and inhibiting factors for public health law reform. Our findings provide the practice community with a research base to facilitate further law reform and inform future scholarship on the role of law as a determinant of the public's health.

Neuroscientific and behavioral genetic information in criminal cases in the Netherlands.

PubMed

de Kogel, C H; Westgeest, E J M C

2015-11-01

In this contribution an empirical approach is used to gain more insight into the relationship between neuroscience and criminal law. The focus is on case law in the Netherlands. Neuroscientific information and techniques have found their way into the courts of the Netherlands. Furthermore, following an Italian case in which a mentally ill offender received a penalty reduction in part because of a 'genetic vulnerability for impulsive aggression', the expectation was expressed that such 'genetic defenses' would appear in the Netherlands too. To assess how neuroscientific and behavioral genetic information are used in criminal justice practice in the Netherlands, we systematically collect Dutch criminal cases in which neuroscientific or behavioral genetic information is introduced. Data and case law examples are presented and discussed. Although cases are diverse, several themes appear, such as prefrontal brain damage in relation to criminal responsibility and recidivism risk, and divergent views of the implications of neurobiological knowledge about addiction for judging criminal responsibility. Whereas in the international 'neurolaw literature' the emphasis is often on imaging techniques, the Dutch findings also illustrate the role of neuropsychological methods in criminal cases. Finally, there appears to be a clear need of practice oriented instruments and guidelines.

Neuroscientific and behavioral genetic information in criminal cases in the Netherlands

PubMed Central

de Kogel, C.H.; Westgeest, E.J.M.C.

2015-01-01

In this contribution an empirical approach is used to gain more insight into the relationship between neuroscience and criminal law. The focus is on case law in the Netherlands. Neuroscientific information and techniques have found their way into the courts of the Netherlands. Furthermore, following an Italian case in which a mentally ill offender received a penalty reduction in part because of a ‘genetic vulnerability for impulsive aggression’, the expectation was expressed that such ‘genetic defenses’ would appear in the Netherlands too. To assess how neuroscientific and behavioral genetic information are used in criminal justice practice in the Netherlands, we systematically collect Dutch criminal cases in which neuroscientific or behavioral genetic information is introduced. Data and case law examples are presented and discussed. Although cases are diverse, several themes appear, such as prefrontal brain damage in relation to criminal responsibility and recidivism risk, and divergent views of the implications of neurobiological knowledge about addiction for judging criminal responsibility. Whereas in the international ‘neurolaw literature’ the emphasis is often on imaging techniques, the Dutch findings also illustrate the role of neuropsychological methods in criminal cases. Finally, there appears to be a clear need of practice oriented instruments and guidelines. PMID:27774213

[Liability of pediatric nurses for professional negligence in Taiwan: a case study].

PubMed

Huang, Hui-Man; Sun, Fan-Ko

2014-04-01

Liability attribution and professional negligence in pediatric nursing are topics that have been neglected in Taiwan. (1) Identify the definitions of related criminal activities in accordance with domestic criminal law; (2) Elucidate the facts and the dispute in a current case involving a pediatric nurse; (3) Elucidate the principle of 'no punishment without law'; (4) Explore the reasons why the pediatric nurse in the current case received a verdict of 'not guilty'. A literature review and case study approach were used to analyze a sentence reconsideration of the first instance No. 1 (2011) issued by the Taiwan high court, Kaohsiung branch court. The conditions for the scrutiny of criminal activity under Taiwan criminal law are statement of facts, illegality (justifiable cause), and liability (excuse). In this case, the pediatric nurse was accused of failing to prevent an infant from suffocation and of not discharging her obligations as a nurse. The pediatric nurse rebutted the charge of criminal negligence. The intervening behaviors of the pediatric nurse were found to be legal and not culpable. In this case, the High Court and Supreme Court made a final criminal judgment based on the presumption of innocence, and the pediatric nurse was pronounced innocent of the charge. This article intends to assist pediatric nurses understand their liabilities under Taiwan's criminal law. Pediatric nurses should gain a better understanding of the nature of liability for professional negligence in order to clarify how actions that may be illegal do not necessarily make nurses culpable.

Interpretation of 'Unnatural death' in coronial law: A review of the English legal process of decision making, statutory interpretation, and case law: The implications for medical cases and coronial consistency.

PubMed

Harris, Andrew; Walker, Andrew

2018-04-23

The article examines the decision-making process for medical reporting of deaths to a coroner and the statutory basis for coronial decisions whether to investigate. It analyses what is published about the consistency of decision making of coroners and discusses what should be the legal basis for determining whether a particular death is natural or unnatural in English law. There is a review of English case law, including the significance of Touche and Benton and the development of 'unnatural' as a term of art, which informs what the courts have held to be an unnatural death. What case law indicates about multiple causes and the significance of the wording in the Coroners & Justice Act 2009 that triggers an investigation are considered. It highlights the importance of considering the medical cause of death and to what extent information other than the initial death report is required, before making the decision that the coroner's duty to open an investigation is triggered. The article concludes that a two-stage test is required. Firstly, is the cause of death medically unnatural? Secondly, whether the circumstances themselves are unnatural or such as to make a medically natural cause of death unnatural. If the coroner has reason to suspect the medical cause of death is unnatural per se the statutory duty to investigate will be engaged, regardless of the circumstances.

Using cost and health impacts to prioritize the targeted testing of tuberculosis in the United States.

PubMed

Miller, Thaddeus L; Hilsenrath, Peter; Lykens, Kristine; McNabb, Scott J N; Moonan, Patrick K; Weis, Stephen E

2006-04-01

Evaluation improves efficiency and effectiveness. Current U.S. tuberculosis (TB) control policies emphasize the treatment of latent TB infection (LTBI). However, this policy, if not targeted, may be inefficient. We determined the efficiency of a state-law mandated TB screening program and a non state-law mandated one in terms of cost, morbidity, treatment, and disease averted. We evaluated two publicly funded metropolitan TB prevention and control programs through retrospective analyses and modeling. Main outcomes measured were TB incidence and prevalence, TB cases averted, and cost. A non state-law mandated TB program for homeless persons in Tarrant County screened 4.5 persons to identify one with LTBI and 82 persons to identify one with TB. A state-law mandated TB program for jail inmates screened 109 persons to identify one with LTBI and 3274 persons to identify one with TB. The number of patients with LTBI treated to prevent one TB case was 12.1 and 15.3 for the homeless and jail inmate TB programs, respectively. Treatment of LTBI by the homeless and jail inmate TB screening programs will avert 11.9 and 7.9 TB cases at a cost of 14,350 US dollars and 34,761 US dollars per TB case, respectively. Mandated TB screening programs should be risk-based, not population-based. Non mandated targeted testing for TB in congregate settings for the homeless was more efficient than state-law mandated targeted testing for TB among jailed inmates.

Readings in technology assessment. [in relation to social impact and the law

NASA Technical Reports Server (NTRS)

1975-01-01

Papers are presented which reflect research in the following areas: development of the concept of technology assessment; institutionalization of technology assessment; the interface between law and technology assessment; and assessment case studies. Case studies include hazards of the medical use of X-rays, environmental noise effects in transportation planning, genetic technology, impact of underground coal mining, and aircraft/airport noise abatement.

Zipf's law in city size from a resource utilization model.

PubMed

Ghosh, Asim; Chatterjee, Arnab; Chakrabarti, Anindya S; Chakrabarti, Bikas K

2014-10-01

We study a resource utilization scenario characterized by intrinsic fitness. To describe the growth and organization of different cities, we consider a model for resource utilization where many restaurants compete, as in a game, to attract customers using an iterative learning process. Results for the case of restaurants with uniform fitness are reported. When fitness is uniformly distributed, it gives rise to a Zipf law for the number of customers. We perform an exact calculation for the utilization fraction for the case when choices are made independent of fitness. A variant of the model is also introduced where the fitness can be treated as an ability to stay in the business. When a restaurant loses customers, its fitness is replaced by a random fitness. The steady state fitness distribution is characterized by a power law, while the distribution of the number of customers still follows the Zipf law, implying the robustness of the model. Our model serves as a paradigm for the emergence of Zipf law in city size distribution.

Zipf's law in city size from a resource utilization model

NASA Astrophysics Data System (ADS)

Ghosh, Asim; Chatterjee, Arnab; Chakrabarti, Anindya S.; Chakrabarti, Bikas K.

2014-10-01

We study a resource utilization scenario characterized by intrinsic fitness. To describe the growth and organization of different cities, we consider a model for resource utilization where many restaurants compete, as in a game, to attract customers using an iterative learning process. Results for the case of restaurants with uniform fitness are reported. When fitness is uniformly distributed, it gives rise to a Zipf law for the number of customers. We perform an exact calculation for the utilization fraction for the case when choices are made independent of fitness. A variant of the model is also introduced where the fitness can be treated as an ability to stay in the business. When a restaurant loses customers, its fitness is replaced by a random fitness. The steady state fitness distribution is characterized by a power law, while the distribution of the number of customers still follows the Zipf law, implying the robustness of the model. Our model serves as a paradigm for the emergence of Zipf law in city size distribution.

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

PubMed

Holoyda, Brian; Newman, William

2014-01-01

Although societies' responses to bestiality have varied internationally, the response in the United States has typically involved condemnation and prosecution. Currently, there are 31 states with statutes prohibiting human-animal sexual contact. Despite the prevalence of antibestiality legislation, there is limited case law in the United States. Most commonly, bestiality arises in legal cases involving sexually violent predator (SVP) civil commitments. Identifying offenders who commit acts of bestiality is important, since these individuals may be at increased risk of committing a variety of other sexually and nonsexually violent acts against humans. Because of the different laws among the states, however, commonly used forensic risk assessment tools for sexual recidivism can yield different scores for individuals charged with or convicted of bestiality offenses. Forensic evaluators should consider this factor when conducting risk assessments. State legislatures should also consider modernizing their bestiality statutes to accord with current terminology and objectives for such laws. © 2014 American Academy of Psychiatry and the Law.

[Medicine aboard cruise ships--law insurance specifics].

PubMed

Ottomann, C; Frenzel, R; Muehlberger, T

2013-04-01

The booming cruise industry, associated with ships with more passengers and crew on board, results in growing medical needs for the ship doctor. The ship's doctor insurance policy includes different jurisdictions, namely national law, international law, tort law, insurance law and labor law. In addition, international agreements must be taken into account, which complicates the design of an adequate insurance policy. Equally high are the costs and defense costs for the ship's doctor in case of liability. In order to limit the liability for all parties is to ask for appropriately qualified medical staff, hired on board. © Georg Thieme Verlag KG Stuttgart · New York.

A conservation law for virus infection kinetics in vitro.

PubMed

Kakizoe, Yusuke; Morita, Satoru; Nakaoka, Shinji; Takeuchi, Yasuhiro; Sato, Kei; Miura, Tomoyuki; Beauchemin, Catherine A A; Iwami, Shingo

2015-07-07

Conservation laws are among the most important properties of a physical system, but are not commonplace in biology. We derived a conservation law from the basic model for viral infections which consists in a small set of ordinary differential equations. We challenged the conservation law experimentally for the case of a virus infection in a cell culture. We found that the derived, conserved quantity remained almost constant throughout the infection period, implying that the derived conservation law holds in this biological system. We also suggest a potential use for the conservation law in evaluating the accuracy of experimental measurements. Copyright © 2015 Elsevier Ltd. All rights reserved.

Impact of a new mandatory reporting law on reporting and identification of child sexual abuse: A seven year time trend analysis.

PubMed

Mathews, Ben; Lee, Xing Ju; Norman, Rosana E

2016-06-01

Child sexual abuse is widespread and difficult to detect. To enhance case identification, many societies have enacted mandatory reporting laws requiring designated professionals, most often police, teachers, doctors and nurses, to report suspected cases to government child welfare agencies. Little research has explored the effects of introducing a reporting law on the number of reports made, and the outcomes of those reports. This study explored the impact of a new legislative mandatory reporting duty for child sexual abuse in the State of Western Australia over seven years. We analyzed data about numbers and outcomes of reports by mandated reporters, for periods before the law (2006-2008) and after the law (2009-2012). Results indicate that the number of reports by mandated reporters of suspected child sexual abuse increased by a factor of 3.7, from an annual mean of 662 in the three year pre-law period to 2448 in the four year post-law period. The increase in the first two post-law years was contextually and statistically significant. Report numbers stabilized in 2010-2012, at one report per 210 children. The number of investigated reports increased threefold, from an annual mean of 451 in the pre-law period to 1363 in the post-law period. Significant decline in the proportion of mandated reports that were investigated in the first two post-law years suggested the new level of reporting and investigative need exceeded what was anticipated. However, a subsequent significant increase restored the pre-law proportion, suggesting systemic adaptive capacity. The number of substantiated investigations doubled, from an annual mean of 160 in the pre-law period to 327 in the post-law period, indicating twice as many sexually abused children were being identified. Copyright © 2016 Elsevier Ltd. All rights reserved.

Federal Judge Says 1974 Privacy-Protection Law Does Not Bar Colleges from Airing Crime Data.

ERIC Educational Resources Information Center

Jaschik, Scott

1991-01-01

The first federal court decision on campus privacy protection law (the Buckley Amendment) contradicts the interpretation of the law used by the United States Department of Education and most colleges and universities. The case, against Southwest Missouri State University, offers encouragement to campus journalists wishing to publicize campus crime…

More than One Way to Tell a Story: Integrating Storytelling into Your Law Course

ERIC Educational Resources Information Center

Steslow, Donna M.; Gardner, Carolyn

2011-01-01

Storytelling has been used in diverse educational settings. It is employed at all educational levels, from elementary schools to graduate schools. Approximately twenty years ago, law school professors began writing about the application of storytelling to various law school subjects as an alternative to the traditional case method. Legal scholars…

The Impact on Institutional Research of Open Meeting and Open Records Laws in Higher Education.

ERIC Educational Resources Information Center

Letzring, Timothy D.

1997-01-01

Institutional researchers should know state and federal laws and attorneys general opinions applicable to higher education concerning open meetings and open records, and be prepared for information requests by media and concerned citizens. Case law is examined, and practical steps researchers can take are outlined, including knowing who will…

State Law, Policy, and Access to Information: The Case of Mandated Openness in Higher Education

ERIC Educational Resources Information Center

McLendon, Michael K.; Hearn, James C.

2010-01-01

Background/Context: Every state in the nation has legal requirements, state "sunshine laws," to ensure accountability and fairness in institutions receiving state funds and operating under state authority. These laws have come to significantly influence the ways in which the business of higher education is conducted. Purpose/Objective/Research…

42 CFR 422.400 - State licensure requirement.

Code of Federal Regulations, 2010 CFR

2010-10-01

... by Federal Law § 422.400 State licensure requirement. Except in the case of a PSO granted a waiver under subpart H of this part, each MA organization must— (a) Be licensed under State law, or otherwise authorized to operate under State law, as a risk-bearing entity (as defined in § 422.2) eligible to offer...

Studying Law in a Goldfish Bowl

ERIC Educational Resources Information Center

Benet, James

1977-01-01

A law firm, Equal Rights Advocates, Inc., specializing in sex discrimination cases, has become a magnet for law students in the San Francisco Bay Area. It is involved in a cooperative program with area universities in which a new model for clinical teaching is offered. Fifteen students each semester spend at least two days a week with the firm.…

Addressing the Gap between Case Law and Professional Practice: A Response to Zirkel

ERIC Educational Resources Information Center

Smith, Carl; Katsiyannis, Antonis; Ryan, Joseph

2014-01-01

In this article, authors Carl Smith, Antonis Katsiyannis, and Joseph Ryan respond to Zirkel's most recent article, "The Law in the Special Education Literature: A Brief Legal Critique," published in this issue of "Behavioral Disorders." Smith, Katsiyannis, and Ryan begin their response by saying that "The Law in the…

The Linkage between Secondary Victimization by Law Enforcement and Rape Case Outcomes

ERIC Educational Resources Information Center

Patterson, Debra

2011-01-01

Prior research has suggested that almost half of rape victims are treated by law enforcement in ways that they experience as upsetting (termed "secondary victimization"). However, it remains unknown why some victims have negative experiences with law enforcement and others do not. The purpose of this study is to explore victims' experiences with…

Student Rights in the U.S. and Civil Law Nations.

ERIC Educational Resources Information Center

Lynch, Patrick D.

A discussion of the two legal traditions illuminates this comparison of student rights in common and civil law nations. The United States is among a minority of nations that use common law, a complex system cluttered with processes difficult to explain and loaded with protections for defendents in both criminal and civil cases. In American common…

Limb darkening and exoplanets - II. Choosing the best law for optimal retrieval of transit parameters

NASA Astrophysics Data System (ADS)

Espinoza, Néstor; Jordán, Andrés

2016-04-01

Very precise measurements of exoplanet transit light curves both from ground- and space-based observatories make it now possible to fit the limb-darkening coefficients in the transit-fitting procedure rather than fix them to theoretical values. This strategy has been shown to give better results, as fixing the coefficients to theoretical values can give rise to important systematic errors which directly impact the physical properties of the system derived from such light curves such as the planetary radius. However, studies of the effect of limb-darkening assumptions on the retrieved parameters have mostly focused on the widely used quadratic limb-darkening law, leaving out other proposed laws that are either simpler or better descriptions of model intensity profiles. In this work, we show that laws such as the logarithmic, square-root and three-parameter law do a better job that the quadratic and linear laws when deriving parameters from transit light curves, both in terms of bias and precision, for a wide range of situations. We therefore recommend to study which law to use on a case-by-case basis. We provide code to guide the decision of when to use each of these laws and select the optimal one in a mean-square error sense, which we note has a dependence on both stellar and transit parameters. Finally, we demonstrate that the so-called exponential law is non-physical as it typically produces negative intensities close to the limb and should therefore not be used.

New class of control laws for robotic manipulators. I - Nonadaptive case. II - Adaptive case

NASA Technical Reports Server (NTRS)

Wen, John T.; Bayard, David S.

1988-01-01

A new class of exponentially stabilizing control laws for joint level control of robot arms is discussed. Closed-loop exponential stability has been demonstrated for both the set point and tracking control problems by a slight modification of the energy Lyapunov function and the use of a lemma which handles third-order terms in the Lyapunov function derivatives. In the second part, these control laws are adapted in a simple fashion to achieve asymptotically stable adaptive control. The analysis addresses the nonlinear dynamics directly without approximation, linearization, or ad hoc assumptions, and uses a parameterization based on physical (time-invariant) quantities.

Special considerations for specimen collections that may be involved in law enforcement cases

USGS Publications Warehouse

Viner, Tabitha; Franson, J. Christian; Friend, Milton; Gibbs, Samantha E.J.; Wild, Margaret A.

2015-01-01

The aims of this chapter are to 1) help biologists or field personnel recognize the signs that indicate a crime may have been committed, and 2) to give readers a basic understanding of how a wildlife crime scene is processed. This chapter is not intended to give readers the tools to investigate a crime scene alone, but will hopefully make them a valuable asset to law enforcement agents who respond to the scene. An effectively processed case, resulting in prosecution of a suspect, supports the law as a deterrent to future acts that could endanger the conservation of wildlife.

Transitions in State Public Health Law: Comparative Analysis of State Public Health Law Reform Following the Turning Point Model State Public Health Act

PubMed Central

Meier, Benjamin Mason; Gebbie, Kristine M.

2009-01-01

Given the public health importance of law modernization, we undertook a comparative analysis of policy efforts in 4 states (Alaska, South Carolina, Wisconsin, and Nebraska) that have considered public health law reform based on the Turning Point Model State Public Health Act. Through national legislative tracking and state case studies, we investigated how the Turning Point Act's model legal language has been considered for incorporation into state law and analyzed key facilitating and inhibiting factors for public health law reform. Our findings provide the practice community with a research base to facilitate further law reform and inform future scholarship on the role of law as a determinant of the public's health. PMID:19150900

Does Protecting Older Workers From Discrimination Make It Harder to Get Hired? Evidence From Disability Discrimination Laws.

PubMed

Neumark, David; Song, Joanne; Button, Patrick

2017-01-01

We explore the effects of disability discrimination laws on hiring of older workers. A concern with antidiscrimination laws is that they may reduce hiring by raising the cost of terminations and-in the specific case of disability discrimination laws-raising the cost of employment because of the need to accommodate disabled workers. Moreover, disability discrimination laws can affect nondisabled older workers because they are fairly likely to develop work-related disabilities, but are generally not protected by these laws. Using state variation in disability discrimination protections, we find little or no evidence that stronger disability discrimination laws lower the hiring of nondisabled older workers. We similarly find no evidence of adverse effects of disability discrimination laws on hiring of disabled older workers.

Therapeutic jurisprudence and outpatient commitment law: Kendra's Law and case study.

PubMed

Perlin, Michael L

2003-01-01

This article considers the implications of assisted outpatient commitment laws (OPC), with specific focus on New York's "Kendra's Law" through the lens of therapeutic jurisprudence (TJ). In this article, the author offers perspectives on the relationship between involuntary civil commitment, outpatient commitment, and the concept of the "least restrictive alternative"; considers pertinent empirical research, and looks at OPC's controversial relationship to forced drugging. Here, the civil libertarian critique is briefly considered, as well as the MacArthur Research Network research. Finally, the author looks closely at Kendra's Law, providing a brief overview of the law itself, and identifying some "pressure points" and pivotal issues, and considers the TJ implications of Kendra's Law, to determine how it "fits" into the public's "take" on all of mental disability law.

47 CFR 1.244 - Designation of a settlement judge.

Code of Federal Regulations, 2010 CFR

2010-10-01

... Administrative Law Judge for action. (c) If, in the discretion of the Chief Administrative Law Judge, it appears... submit their Standardized Integration Statements and/or their written direct cases for review. The...

Should Seat Belts Be Required on All School Buses?

ERIC Educational Resources Information Center

Mawdsley, Ralph D.

1996-01-01

Examines the limited case law involving seat belts for school buses and explores emerging legal issues surrounding use of common law causes of action to challenge school bus safety. (51 footnotes) (MLF)

Homicide-suicide cases in Switzerland and their impact on the Swiss Weapon Law.

PubMed

Grabherr, Silke; Johner, Stephan; Dilitz, Carine; Buck, Ursula; Killias, Martin; Mangin, Patrice; Plattner, Thomas

2010-12-01

Homicide followed by the suicide of the offender is a well-known phenomenon. In most cases, it takes place in the context of the so-called "family tragedies." A recent series of such family tragedies in Switzerland prompted an intensive debate in the media and the Swiss government concerning the Swiss Weapon Law, in particular the requirement to keep personal army weapons at home. The present study of Homicide-Suicide cases in Switzerland, thus focuses on the role played by guns, especially military weapons, in such crimes. We investigated retrospectively 75 cases of Homicide-Suicide, comprising 172 individuals and spanning a period of 23 years in western and central Switzerland. Our results show that if guns were used in 76% of the cases, army weapons were the cause of death in 25% of the total. In 28% of the deaths caused by a gunshot, the exact type of the gun and its origin could not be determined. Thus, the majority of Homicide-Suicide cases in Switzerland involve the use of guns. The exact percentage of cases were military weapons were involved could not be defined. In our opinion, a stricter weapons law, restricting access to firearms, would be a factor of prevention of Homicide- Suicide cases in Switzerland.

Law and regulation of benzene.

PubMed Central

Feitshans, I L

1989-01-01

OSHA has created final benzene regulations after extensive rulemakings on two occasions, 1978 and 1987. These standards have been the subject of extensive litigation for nearly 20 years. This article examines in detail the conceptual underpinnings of the Benzene Case, (which was decided by the U.S. Supreme Court in 1980) in light of U.S. administrative law precedents that have set limits upon administrative discretion under the test for "substantial evidence" and the "hard look doctrine." This article also addresses recent developments in the wake of the Benzene Case and their implications for benzene regulations following the "significant risk" doctrine in that case. This article briefly describes other national, regional, and international laws governing the use of benzene. This article concludes that the revisions of the benzene regulation and subsequent rulemaking provide substantial evidence of scientific underpinnings for regulatory action and that laws from other nations reflect an international consensus that occupational exposure to benzene is a proper subject of regulation. Such regulations and policies are therefore likely to withstand scrutiny and remain enforceable as widely accepted norms. PMID:2792048

The Contemporary Setting for Water Management in the West: An Overview

NASA Astrophysics Data System (ADS)

Cummings, Ronald G.

1985-11-01

The socioeconomic, legal, and institutional settings for water resources management and use in the United States have undergone dramatic changes over recent years. The resulting confusion and uncertainties in terms of the structure of water rights, the prerogatives of sovereign states, and the limitations of state-federal interfaces provide the raison d'être for the collection of papers in this special section of Water Resources Research. This special issue is intended to serve several purposes: to inform, to provoke, and to invite. Thus many readers may find new and informative Tarlock's [this issue] overview of the evolution of groundwater law from English Common Law to laws based on notions of "reasonable use" and "sharing"; of particular importance is the readers appreciation of the changes and uncertainties in water law associated with the 1982 decision in Sporhase and in the later El Paso case. These cases, marking an end of the "immunity theory" wherein states were immune, in cases involving resources use, from challenges under the Commerce Clause, give rise to Tarlock's concern with the question, Might current conditions give rise to federal control of groundwater?

[Pitfalls in informed consent: a statistical analysis of malpractice law suits].

PubMed

Echigo, Junko

2014-05-01

In medical malpractice law suits, the notion of informed consent is often relevant in assessing whether negligence can be attributed to the medical practitioner who has caused injury to a patient. Furthermore, it is not rare that courts award damages for a lack of appropriate informed consent alone. In this study, two results were arrived at from a statistical analysis of medical malpractice law suits. One, unexpectedly, was that the severity of a patient's illness made no significant difference to whether damages were awarded. The other was that cases of typical medical treatment that national medical insurance does not cover were involved significantly more often than insured treatment cases. In cases where damages were awarded, the courts required more disclosure and written documents of information by medical practitioners, especially about complications and adverse effects that the patient might suffer.

Case Resolution Manual

EPA Pesticide Factsheets

This Case Resolution Manual (CRM) is intended to provide procedural guidance to ECRCO case managers to ensure EPA’s prompt, effective, and efficient resolution of civil rights cases consistent with science and the civil rights laws.

The Impact of State Laws Limiting Malpractice Damage Awards on Health Care Expenditures

PubMed Central

Hellinger, Fred J.; Encinosa, William E.

2006-01-01

Twenty-eight states have laws that limit payments in malpractice cases, and several studies indicate that these laws reduce the frequency and severity of malpractice claims and lower premiums. Moreover, proponents believe that such laws reduce health care expenditures by reducing the practice of defensive medicine. However, there is a dearth of empirical evidence about the impact of these laws on the cost of health care. We used multivariate models and relatively recent data to estimate the impact of state tort reform laws that directly limit malpractice damage payments on health care expenditures. Estimates from these models suggest that laws limiting malpractice payments lower state health care expenditures by between 3% and 4%. PMID:16809580

Do consumers have the right to drink healthy wine? An appraisal of the Deutsches Weintor case.

PubMed

Inglese, Marco

2013-09-01

This article seeks to appraise the development that the Deutsches Weintor case will bring to EU law concerning health protection. The analysis will be carried out by highlighting the structure and the aims of Regulation no. 1924/2006/EC in order to assess its role in the construction of health as a fundamental right. Furthermore, attention will be devoted to how this judgment could affect the general theory behind fundamental rights and how it is placed in relation to the settled case law of the Court.

Supreme Court of the United States Syllabus: San Antonio Independent School District Et. Al. v. Rodriguez Et. Al. Appeal from the United States District Court for the Western District of Texas. No. 71-1332, Argued October 12, 1972 -- Decided March 21, 1973.

ERIC Educational Resources Information Center

Supreme Court of the U. S., Washington, DC.

In this landmark educational finance opinion (presented here in full) the U.S. Supreme Court held that the Texas case was not a proper case in which to examine a State's laws under standards of strict judicial scrutiny. That test, according to the Court, is reserved for cases involving laws that operate to the disadvantage of suspect classes or…

Technology for planning and scheduling under complex constraints

NASA Astrophysics Data System (ADS)

Alguire, Karen M.; Pedro Gomes, Carla O.

1997-02-01

Within the context of law enforcement, several problems fall into the category of planning and scheduling under constraints. Examples include resource and personnel scheduling, and court scheduling. In the case of court scheduling, a schedule must be generated considering available resources, e.g., court rooms and personnel. Additionally, there are constraints on individual court cases, e.g., temporal and spatial, and between different cases, e.g., precedence. Finally, there are overall objectives that the schedule should satisfy such as timely processing of cases and optimal use of court facilities. Manually generating a schedule that satisfies all of the constraints is a very time consuming task. As the number of court cases and constraints increases, this becomes increasingly harder to handle without the assistance of automatic scheduling techniques. This paper describes artificial intelligence (AI) technology that has been used to develop several high performance scheduling applications including a military transportation scheduler, a military in-theater airlift scheduler, and a nuclear power plant outage scheduler. We discuss possible law enforcement applications where we feel the same technology could provide long-term benefits to law enforcement agencies and their operations personnel.

Symmetries and integrability of a fourth-order Euler-Bernoulli beam equation

NASA Astrophysics Data System (ADS)

Bokhari, Ashfaque H.; Mahomed, F. M.; Zaman, F. D.

2010-05-01

The complete symmetry group classification of the fourth-order Euler-Bernoulli ordinary differential equation, where the elastic modulus and the area moment of inertia are constants and the applied load is a function of the normal displacement, is obtained. We perform the Lie and Noether symmetry analysis of this problem. In the Lie analysis, the principal Lie algebra which is one dimensional extends in four cases, viz. the linear, exponential, general power law, and a negative fractional power law. It is further shown that two cases arise in the Noether classification with respect to the standard Lagrangian. That is, the linear case for which the Noether algebra dimension is one less than the Lie algebra dimension as well as the negative fractional power law. In the latter case the Noether algebra is three dimensional and is isomorphic to the Lie algebra which is sl(2,R). This exceptional case, although admitting the nonsolvable algebra sl(2,R), remarkably allows for a two-parameter family of exact solutions via the Noether integrals. The Lie reduction gives a second-order ordinary differential equation which has nonlocal symmetry.

Intent v. Impact: The Standard of Proof Necessary to Establish a Prima Facie Case of Race Discrimination under 42 U.S.C. Section 1981.

ERIC Educational Resources Information Center

Heiser, Walter

1979-01-01

Considers action's impact and intent as proof; analyzes language, purpose, and legislative history of civil rights statutes; and concludes that the Supreme Court will likely require proof of intent to sustain a prima facie case of discrimination. Available from San Diego Law Review Association, University of San Diego School of Law, San Diego,…

Rodolfo's Casa Caribe in Cuba: Business, Law, and Ethics of Investing in a Start-Up in Havana

ERIC Educational Resources Information Center

Sulkowski, Adam J.

2017-01-01

This case study presents the true story of Rodolfo--a former tailor and attorney from the provinces of Cuba--who moved to Havana to start a hospitality business. In 2016, the author (referred to as Adam throughout the case study), a business law professor from the United States, visited Havana to interview Rodolfo and learn about the factors for…

43 CFR 12.710 - Policy.

Code of Federal Regulations, 2011 CFR

2011-10-01

...: Notice: Pursuant to sec. 501 of the Energy and Water Development Appropriations Act, 1997, Public Law 104... Appropriations Act of 1997, Public Law 104-208, 110 Stat. 3009, please be advised of the following: In the case...

43 CFR 12.710 - Policy.

Code of Federal Regulations, 2010 CFR

2010-10-01

...: Notice: Pursuant to sec. 501 of the Energy and Water Development Appropriations Act, 1997, Public Law 104... Appropriations Act of 1997, Public Law 104-208, 110 Stat. 3009, please be advised of the following: In the case...

43 CFR 12.710 - Policy.

Code of Federal Regulations, 2014 CFR

2014-10-01

...: Notice: Pursuant to sec. 501 of the Energy and Water Development Appropriations Act, 1997, Public Law 104... Appropriations Act of 1997, Public Law 104-208, 110 Stat. 3009, please be advised of the following: In the case...

43 CFR 12.710 - Policy.

Code of Federal Regulations, 2012 CFR

2012-10-01

...: Notice: Pursuant to sec. 501 of the Energy and Water Development Appropriations Act, 1997, Public Law 104... Appropriations Act of 1997, Public Law 104-208, 110 Stat. 3009, please be advised of the following: In the case...

43 CFR 12.710 - Policy.

Code of Federal Regulations, 2013 CFR

2013-10-01

...: Notice: Pursuant to sec. 501 of the Energy and Water Development Appropriations Act, 1997, Public Law 104... Appropriations Act of 1997, Public Law 104-208, 110 Stat. 3009, please be advised of the following: In the case...

Novel Third-Law Demonstration.

ERIC Educational Resources Information Center

Lonc, William

1995-01-01

Presents an easy method to demonstrate Third-Law interactions using identical button magnets sliding along a smooth (nonmagnetic) knitting needle. Explains the gravitational and magnetic interactions in the case of horizontal and vertical positions of the needle. (JRH)

32 CFR 536.41 - Determination of liability-generally.

Code of Federal Regulations, 2010 CFR

2010-07-01

... local, law applies to an interpretation of the SOL under all subparts. Minority or incompetence does not toll the SOL. Case law developed under the FTCA will be used in other subparts in interpreting SOL...

7 CFR 3550.6 - State law or State supplement.

Code of Federal Regulations, 2010 CFR

2010-01-01

... AGRICULTURE DIRECT SINGLE FAMILY HOUSING LOANS AND GRANTS General § 3550.6 State law or State supplement..., construction, or environmental policies. Supplemental guidance may be issued in the case of any conflict or...

PTSD and the law of psychiatric injury in England and Wales: finally coming closer?

PubMed

Adamou, Marios C; Hale, Anthony S

2003-01-01

With the increase in terrorism in several parts of the world, more people are exposed to traumatic events that could cause psychiatric injury either to them or to members of their families. In Britain, terrorist attacks or other catastrophes are not unknown; indeed, the case law relating to psychiatric injury is vast. However, the intersection between medicine and the law is minimal. The result is a law that lags behind the scientific evidence and, on occasion, may seem unfair.

Legalman and Legal Clerk Study Guide. November 1994 Edition.

DTIC Science & Technology

1994-11-01

by the various legislative bodies such as Congress or state legislatures. 2. These laws come from the federal and state statutes and are commonly...to be the "official" set of books to report the laws or cases within the jurisdiction of the legislative body that enacted the statute. For example...or other legislative bodies, or administrative law. 3. "Secondary Authority" is not "the law" itself but instead is an explanation or description of

The double power law in human collaboration behavior: The case of Wikipedia

NASA Astrophysics Data System (ADS)

Kwon, Okyu; Son, Woo-Sik; Jung, Woo-Sung

2016-11-01

We study human behavior in terms of the inter-event time distribution of revision behavior on Wikipedia, an online collaborative encyclopedia. We observe a double power law distribution for the inter-editing behavior at the population level and a single power law distribution at the individual level. Although interactions between users are indirect or moderate on Wikipedia, we determine that the synchronized editing behavior among users plays a key role in determining the slope of the tail of the double power law distribution.

Barriers to Technological Acceptance in a Legal Environment: A Case Study of a Florida Law Firm

ERIC Educational Resources Information Center

Owusu, Theophilus D.

2010-01-01

Technology is made available in the law firm to promote time efficient tasks and to provide resources that allows the accurate billing and storing of documents. This study examined the impact of three major technologies that are used by attorneys in a law firm. Quantitative procedures facilitated the identification of barriers to Personal Digital…

20 CFR 404.984 - Appeals Council review of administrative law judge decision in a case remanded by a Federal court.

Code of Federal Regulations, 2011 CFR

2011-04-01

... the Appeals Council whether or not they were raised in the administrative proceedings leading to the... change the decision of the administrative law judge, it will issue a notice to you addressing your exceptions and explaining why no change in the decision of the administrative law judge is warranted. In this...

Attempting to demystify law reports for the non-lawyer.

PubMed Central

Fletcher, V A

1988-01-01

To a non-lawyer, references to law reports can appear confusing and complicated. This brief article attempts to explain how to decode such references and thus get to the reports. Those wishing to pursue the matter further are referred to more detailed explanations. This article deals primarily with English case law and is up to date as of December 1987. PMID:3351882

The Secret History of Proprietary Legal Education: The Case of the Houston Law School, 1919-1945.

ERIC Educational Resources Information Center

Steiner, Mark E.

1997-01-01

Examines the history of the Houston Law School (Texas), a part-time night school that operated from 1919-1945 and was part of a brief period of ascendence for proprietary law schools. Discusses its competition with another institution, shifts in standards and enrollments, and other factors leading to its decline. Notes parallels between this…

The Law of Force or The Force of Law: Does Following The Rule of Law Assist Security Forces in Defeating an Armed Insurgency?

DTIC Science & Technology

2012-06-08

and Policy in International Relations (Spring): 40-79 Arendt , Hannah . 1963. On revolution. New York: Viking Cohen, Eliot A., John Horvath, and...conditions, where the armed forces can be trusted to obey the civil authorities” ( Arendt 1965, 40). This is especially the case in countries where

20 CFR 655.1315 - Administrative review and de novo hearing before an administrative law judge.

Code of Federal Regulations, 2010 CFR

2010-04-01

...) Consideration. Whenever an employer has requested an administrative review before an ALJ of a decision by the CO..., the CO will send a certified copy of the ETA case file to the Chief Administrative Law Judge by means normally assuring next-day delivery. The Chief Administrative Law Judge will immediately assign an ALJ...

20 CFR 655.1315 - Administrative review and de novo hearing before an administrative law judge.

Code of Federal Regulations, 2011 CFR

2011-04-01

...) Consideration. Whenever an employer has requested an administrative review before an ALJ of a decision by the CO..., the CO will send a certified copy of the ETA case file to the Chief Administrative Law Judge by means normally assuring next-day delivery. The Chief Administrative Law Judge will immediately assign an ALJ...

Managers Confront Competing Practical, Legal, and Ethical Claims: A Comprehensive Teaching Case

ERIC Educational Resources Information Center

McAdams, Tony

2009-01-01

Law classes help reveal the successes of the American legal system. Students observe that the law is honorable, workable, and effective. At the same time, law classes offer the opportunity to look at those situations where the legal system sometimes struggles to achieve its justice goals. Students certainly need to learn that lesson, but they also…

Saudi Arabia’s Counterterrorism Methods: A Case Study on Homeland Security

DTIC Science & Technology

2017-06-01

laws to safeguard the homeland and its borders, Saudi Arabia has enacted laws that impose stiff penalties aimed at money laundering and other illicit...safeguard the homeland and its borders, Saudi Arabia has enacted laws that impose stiff penalties aimed at money laundering and other illicit activities...34 1. Combating Financing Terrorist Organizations ............... 34 2. Combating Money Laundering by

20 CFR 404.984 - Appeals Council review of administrative law judge decision in a case remanded by a Federal court.

Code of Federal Regulations, 2010 CFR

2010-04-01

... the Appeals Council whether or not they were raised in the administrative proceedings leading to the... change the decision of the administrative law judge, it will issue a notice to you addressing your exceptions and explaining why no change in the decision of the administrative law judge is warranted. In this...

Using Buttons to Better Manage Online Presence: How One Academic Institution Harnessed the Power of Flair

ERIC Educational Resources Information Center

Dority Baker, Marcia L.

2013-01-01

This article provides a case study of how the University of Nebraska College of Law and Schmid Law Library use "buttons" to manage Law College faculty members' and librarians' online presence. Since Google is the primary search engine used to find information, it is important that librarians and libraries assist Web site visitors in…

Defining minors' abortion rights.

PubMed

Rhodes, A M

1988-01-01

The right to abortion is confirmed in the Roe versus Wade case, by the US Supreme Court. It is a fundamental right of privacy but not an absolute right, and must consider state interests. During the first trimester of pregnancy abortion is a decision of the woman and her doctor. During the second trimester of pregnancy the state may control the abortion practice to protect the mothers health, and in the last trimester, it may prohibit abortion, except in cases where the mother's life or health are in danger. The states enacted laws, including one that required parents to give written consent for a unmarried minor's abortion. This law was struck down by the US Court, but laws on notification were upheld as long as there was alternative procedures where the minor's interests are upheld. Many of these law have been challenged successfully, where the minor was judged mature and where it served her best interests. The state must enact laws on parental notification that take into consideration basic rights of the minor woman. Health professionals and workers should be aware of these laws and should encourage the minor to let parents in on the decision making process where possible.

In defence of mandatory bicycle helmet legislation: response to Hooper and Spicer.

PubMed

Biegler, Paul; Johnson, Marilyn

2015-08-01

We invoke a triple rationale to rebut Hooper and Spicer's argument against mandatory helmet laws. First, we use the laws of physics and empirical studies to show how bicycle helmets afford substantial protection to the user. We show that Hooper and Spicer erroneously downplay helmet utility and that, as a result, their attack on the utilitarian argument for mandatory helmet laws is weakened. Next, we refute their claim that helmet legislation comprises unjustified paternalism. We show the healthcare costs of bareheaded riding to pose significant third party harms. It follows, we argue, that a utilitarian case for helmet laws can be sustained by appeal to Mill's Harm Principle. Finally, we reject Hooper and Spicer's claim that helmet laws unjustly penalise cyclists for their own health-affecting behaviour. Rather, we show their argument to suffer by disanalogy with medical cases where injustice may be more evident, for example, denial of bypass surgery to smokers. We conclude that mandatory helmet laws offer substantial utility and are entirely defensible within the framework of a liberal democracy. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://group.bmj.com/group/rights-licensing/permissions.

Reconciling the Mitscherlich's law of diminishing returns with Liebig's law of the minimum. Some results on crop modeling.

PubMed

Ferreira, Iuri E P; Zocchi, Silvio S; Baron, Daniel

2017-11-01

Reliable fertilizer recommendations depend on the correctness of the crop production models fitted to the data, but generally the crop models are built empirically, neglecting important physiological aspects related with response to fertilizers, or they are based in laws of plant mineral nutrition seen by many authors as conflicting theories: the Liebig's Law of the Minimum and Mitscherlich's Law of Diminishing Returns. We developed a new approach to modelling the crop response to fertilizers that reconcile these laws. In this study, the Liebig's Law is applied at the cellular level to explain plant production and, as a result, crop models compatible with the Law of Diminishing Returns are derived. Some classical crop models appear here as special cases of our methodology, and a new interpretation for Mitscherlich's Law is also provided. Copyright © 2017 Elsevier Inc. All rights reserved.

Making the Case for Laws That Improve Health: A Framework for Public Health Law Research

PubMed Central

Burris, Scott; Wagenaar, Alexander C; Swanson, Jeffrey; Ibrahim, Jennifer K; Wood, Jennifer; Mello, Michelle M

2010-01-01

Context: Public health law has received considerable attention in recent years and has become an essential field in public health. Public health law research, however, has received less attention. Methods: Expert commentary. Findings: This article explores public health law research, defined as the scientific study of the relation of law and legal practices to population health. The article offers a logic model of public health law research and a typology of approaches to studying the effects of law on public health. Research on the content and prevalence of public health laws, processes of adopting and implementing laws, and the extent to which and mechanisms through which law affects health outcomes can use methods drawn from epidemiology, economics, sociology, and other disciplines. The maturation of public health law research as a field depends on methodological rigor, adequate research funding, access to appropriate data sources, and policymakers’ use of research findings. Conclusions: Public health law research is a young field but holds great promise for supporting evidence-based policymaking that will improve population health. PMID:20579282

Supreme Court strikes down Montana's sodomy law.

PubMed

1997-08-08

The Montana Supreme Court struck down the State's sodomy law and ruled that the law violates the State constitutional right to privacy. Until this ruling, all homosexual relations were labeled deviate sexual conduct, punishable by a $50,000 fine and 10 years in prison. No one had been prosecuted under the law since it was enacted in 1973, but its existence placed gay men and lesbians at risk of prosecution. The high court was not persuaded by the State's argument that the sodomy law was permissible because it prevented HIV infection and preserved public morality, largely because the law was enacted a decade before the first case of AIDS was reported in Montana.

Moving on from bland: the evolution of the law and minimally conscious patients.

PubMed

Heywood, Rob

2014-01-01

The decision in Bland centred on the withdrawal of artificial nutrition and hydration from a patient in a persistent vegetative state (PVS). Since then, a new medical condition has emerged, known as a minimally conscious state (MCS). In W v M, the Court of Protection was asked to authorise the withdrawal of artificial nutrition and hydration from a patient in a MCS. Baker J refused to grant the declaration. More recently, however, the courts were also asked to rule on the lawfulness of withholding treatment in a similar, albeit factually different, case. In the Court of Appeal decision in Aintree University Hospitals NHS Foundation Trust v David James and Others, Sir Alan Ward, with the agreement of Arden LJ and Laws LJ, granted a declaration that it would be lawful to withhold treatment. The Supreme Court then upheld this ruling, Lady Hale stating that the Court of Appeal reached the right result but for the wrong reasons. This article seeks to critically appraise the evolution of the law in regard to withdrawing treatment from MCS patients. The piece begins by explaining the differences between the two conditions of PVS and MCS and defines the law from the starting point of Bland. From here, the discussion progresses to focus on the challenges that the law has had to face in trying to keep pace with the advancing nature of medical understanding of conditions of the brain and explains how it has responded to these. The narrative then critiques the legal mechanism of best interests as it has been employed in the case law concerning MCS patients to date by analysing the various judicial perspectives on the concept. After addressing both the narrow and wide viewpoints, a conclusion is ventured as to how the balancing of best interests should be approached in respect of future MCS cases. © The Author [2014]. Published by Oxford University Press; all rights reserved. For Permissions, please email: journals.permissions@oup.com.

Greedy algorithms and Zipf laws

NASA Astrophysics Data System (ADS)

Moran, José; Bouchaud, Jean-Philippe

2018-04-01

We consider a simple model of firm/city/etc growth based on a multi-item criterion: whenever entity B fares better than entity A on a subset of M items out of K, the agent originally in A moves to B. We solve the model analytically in the cases K  =  1 and . The resulting stationary distribution of sizes is generically a Zipf-law provided M  >  K/2. When , no selection occurs and the size distribution remains thin-tailed. In the special case M  =  K, one needs to regularize the problem by introducing a small ‘default’ probability ϕ. We find that the stationary distribution has a power-law tail that becomes a Zipf-law when . The approach to the stationary state can also be characterized, with strong similarities with a simple ‘aging’ model considered by Barrat and Mézard.

[Patient information in urology: current legal situation with particular emphasis on the codification of the contract governing medical treatment in the German Civil Code (BGB)].

PubMed

Fischer, C; Petersilie, F

2014-12-01

The extent and specification of patient information have so far been defined by case law. Henceforth, the rules of patient information are included in a new type of contract, a contract governing medical treatment (Behandlungsvertrag), codified in §§630a-630e of the German Civil Code (BGB). The main conclusions of the case law are now governed by law; however, some new requirements, such as the obligation to inform patients about treatment errors or the stipulation to deliver copies of undersigned documents have been added. This article gives an overview of the codification of patient information, explains how to inform patients, particularly in urology and illustrates where it is still likely that law courts will be concerned with questions of interpretation. Correct patient information is crucial for declarations of informed consent.

Obsolete Laws: Economic and Moral Aspects, Case Study-Composting Standards.

PubMed

Vochozka, Marek; Maroušková, Anna; Šuleř, Petr

2017-12-01

From the early days of philosophy, ethics and justice, there is wide consensus that the constancy of the laws establishes the legal system. On the other hand, the rate at which we accumulate knowledge is gaining speed like never before. Due to the recently increased attention of academics to climate change and other environmental issues, a lot of new knowledge has been obtained about carbon management, its role in nature and mechanisms regarding the formation and degradation of organic matter. A multidisciplinary techno-economic assessment of current composting standards and laws that took into account the current state of knowledge about carbon management was carried out as a case study. Economic and environmental damage caused by outdated laws was revealed. In addition, it was found that the introduction of the best composts into the market is permitted, causing additional negative environmental as well as economic impacts.

Human rights and reproductive choices in the case-law of Italian and European courts.

PubMed

Valongo, Alessia

2014-04-01

The major issues regarding human fertilisation and embryology are addressed in a comparative perspective and in the light of relevant rulings of the European Court for Human Rights: the relationship between artificial procreation and parental responsibilities, the legal nature of the unborn child, the human right to reproduce and to have a healthy child. The article focuses on the key data of the latest Italian regulation regarding assisted conception, especially compared with British law. Particular attention is paid to the contribution given by recent European decisions to the protection of new human rights. National and international judgements ensure the right to private life and to health that are not always guaranteed by law. Converging developments in case-law panorama make the right to have children, to responsible procreation, to information about medical treatments, much less disharmonic realities than the Member States legislation suggests.

U.S. nanotechnology policy and the decay of environmental law, 1980--2005

NASA Astrophysics Data System (ADS)

Rudd, Jeffrey D.

2009-11-01

Environmental law's authority to protect humans and the environment from pollution and resource exploitation began to deteriorate in the early 1980s. The dissertation is a modest attempt to answer the question, "What caused the gradual erosion in environmental law's normative authority?" It argues that the emergence of a neoliberal, market-centered ideology redefined the relationship between economic and environmental policies, causing environmental law's transformation into an instrument of economic discourse. This ethical transformation weakened environmental law's authority to protect humans and the environment from risks posed by unbridled economic growth policies. It also sparked the rise of an ideology to counter neoliberalism's power over environmental policy: sustainable development or "sustainability." Sustainable development reaffirms environmental law's normative authority and relies upon deliberative democratic principles similar to those that drove the enactment of environmental legislation during the 1960s and 1970s. The dissertation analyzes environmental law's transformation through two complementary case studies. First, it shows how the expansion of regulatory agencies' legislative power has combined with cost-benefit analysis mandates to undermine the goals of environmental law and limit democratic debate about environmental policy. Second, it analyzes the genesis and development of nanotechnology policy in the United States to show how neoliberalism's economic logic subtly erodes environmental law's normative authority. These case studies illuminate pragmatic differences in substance and process between neoliberalism and sustainable development. They also show that the relative balance of institutional authority over risk-related information determines the effectiveness and durability of legislative mandates intended to protect the environment.

Some life lessons in the work place: personal narrative/case study.

PubMed

Schwartz, Michael A

2014-01-01

Michael Schwartz, a lawyer deaf since birth, describes his journey as a professional for the last 32 years since his graduation from NYU School of Law in 1981. He offers a case study of his experiences with accommodations on the job as required by federal and state law. The study includes specific examples of what worked and what did not work for a deaf lawyer like him working at his craft. Schwartz wraps up with the lessons he learned over the last three decades as we moved from the model of non-compliance to that of compliance, even beyond compliance, with the mandates of law in the employment context.

Best interests: what problems in family law should health care law avoid?

PubMed

Holm, Søren

2008-09-01

This article comments briefly on three specific issues in Shazia Choudhry's paper "'Best Interests' What can healthcare law learn from family law?" The three issues are: (1) the implications of 'best interests' and 'welfare science' for women within the family law and the health care law context, (2) the risk of capture by the 'welfare science' industry, and (3) the proposal that a committee of medical experts and medical ethicists should be set up to provide reports to the Court of Protection on cases brought under the Mental Capacity Act 2005 (MCA). I argue that the risk of capture by 'welfare science' is equally large in health care law and that a committee of the kind envisaged by Choudhry is unlikely to contribute significantly to conflict resolution under the MCA.

Freedom to divorce or protection of marriage? The divorce laws in Denmark, Norway, and Sweden in the early twentieth century.

PubMed

Le Bouteillec, Nathalie; Bersbo, Zara; Festy, Patrick

2011-01-01

In the period 1909-1927, new laws concerning divorce and marriage were enacted by the Scandinavian countries. Both at the time and more recently, these laws were considered as "liberal" as they promoted greater freedom to divorce based on individuality and gender equality. In this article, the authors first analyze the changes in these Family laws in the early twentieth century. Then, the authors study the effect of these laws on divorce and marriage patterns. As these laws did not modify the trend in divorce rates, the authors ask why this was the case. The authors' conclusions are that the laws were more concerned with preserving the sanctity of marriage and maintaining social order than with promoting individual freedom and gender equality.

The appeal to law to provide public answers to bioethical questions: it all depends what sort of answers you want.

PubMed

James, Timothy

2008-03-01

Bioethics as an academic discipline comes into public discourse when real life "hard cases" receive media attention. Since cases of this sort increasingly often become the subject of litigation, the forum for debate can be a court of law, with judges as the final arbiters. Judges (unlike philosophers) are obliged to give final and definitive rulings in a constrained time period. Their training is in a type of discourse very different from moral philosophy, though still concerned with right and wrong. This paper explores the differences between the tools and methods used in public legal debate and private academic discourse, and the different nature of the answers they produce. It attempts to suggest some ways in which bioethicists can better understand lawyers' reasoning in cases of this sort, and how communication between bioethics and law might be improved.

Patient Mobility in Times of Austerity: A Legal and Policy Analysis of the Petru Case.

PubMed

Frischhut, Markus; Fahy, Nick

2016-03-01

The case-law of the Court of Justice (ECJ) on patient mobility was recently challenged by a ruling that a patient could go to Germany for treatment when facilities in Romanian hospitals were inadequate. Given the reported impact of austerity measures in the field of health care this raises the question; what is the impact of the ECJ's ruling on how Member States can manage expenditure and limit outflows of patients and how should such measures be legally evaluated? The objective of this article is to analyse potential impact on health systems in the context of increasing pressure on public financing for health. While the ECJ mainly referred to the requirement of treatment in due time, we also analyse possible austerity reductions of the basket of care against the background of EU law (i.e., EGJ case-law, patient mobility directive, Charter of Fundamental rights and social security regulation).

Understanding and Informing Policy Implementation: A Case Study of the Domestic Violence Provisions of the Maryland Gun Violence Act

ERIC Educational Resources Information Center

Frattaroli, Shannon; Teret, Stephen P.

2006-01-01

The Maryland Gun Violence Act, enacted into law in 1996, explicitly authorized courts to order batterers to surrender their firearms through civil protective orders. It also vested law enforcement with the explicit authority to remove guns when responding to a domestic violence complaint. In order to assess how these laws were implemented, we…

Case Study of Apple, Inc. for Business Law Students: How Apple's Business Model Controls Digital Content through Legal and Technological Means

ERIC Educational Resources Information Center

Reder, Margo E. K.

2009-01-01

This article describes a six-week long exercise that incorporates a dynamic learning approach into an e-commerce or Internet technology business law elective course; the exercise pursues an entrepreneurial approach to the use of an appropriate business model by emphasizing the interaction between technology, business, and law. This active learning…

Parental Kidnapping: How to Prevent an Abduction and What to Do If Your Child Is Abducted. Second Edition.

ERIC Educational Resources Information Center

Hoff, Patricia M.

This handbook was written for parents, law enforcement officers, attorneys, and government officials who deal directly with cases of parental kidnapping. It provides a guide through the criminal and civil justice systems and a summary of the laws on parental kidnapping. Actions that parents can take and laws that may help them when their children…

Is the Sun Shining? A Qualitative Study on the Presence of Sunshine Laws in the College and University Journalism Curriculum

ERIC Educational Resources Information Center

Shemberger, Melony

2017-01-01

This case study focusing on journalism curriculum in Tennessee sheds light on the obstacles that journalism schools face in efforts to include more instruction of sunshine laws into courses. Journalists use these laws to gather information to write their stories, either by attending public meetings or by filing open records requests. This study…

A Case Study of 2-4 Transfer in New Jersey: Implementation of a Transfer Law at Three Community Colleges

ERIC Educational Resources Information Center

McCormick, Mark Allen

2017-01-01

The purpose of this study was to examine ways in which the 2007 New Jersey transfer law mandating "seamless transfer" between public two- and four-year colleges has been implemented at three community colleges and the state's flagship research university and the forces that have contributed to and limited the extent to which the law has…

Reneging: A Topic to Promote Engaging Discussions about Law and Ethics in a Business Law or Legal Environment Course

ERIC Educational Resources Information Center

Murphy, Tonia Hap

2009-01-01

This article is intended for business law and legal environment instructors who want to help students understand how they might react when presented with an ethical conflict, no matter how big or how small. The article discusses not only the compelling ethical issues that may arise in reneging cases, but also legal issues. The article provides…

Law and the Wearing of Religious Symbols: European Bans on the Wearing of Religious Symbols in Education

ERIC Educational Resources Information Center

Howard, Erica

2011-01-01

Written in accessible language, Law and the Wearing of Religious Symbols is a comprehensive analysis of a topical subject that is being widely debated across Europe. The book provides an overview of emerging case law from the European Court of Human Rights as well as from national courts and equality bodies in European countries on the wearing of…

Thermodynamic laws and equipartition theorem in relativistic Brownian motion.

PubMed

Koide, T; Kodama, T

2011-06-01

We extend the stochastic energetics to a relativistic system. The thermodynamic laws and equipartition theorem are discussed for a relativistic Brownian particle and the first and the second law of thermodynamics in this formalism are derived. The relation between the relativistic equipartition relation and the rate of heat transfer is discussed in the relativistic case together with the nature of the noise term.

[Social perception of the Spanish law for young offenders].

PubMed

García, Ma Dolores; Martín, Eduardo; Torbay, Ángela; Rodríguez, Carmen

2010-11-01

The implementation of the law 5/2000 for the regulation of Criminal Responsibility for Minors has led to a change in interventions in cases of juvenile offenders. This law promotes the educational and rehabilitative aims of the measures imposed. However, the focus of the media on the most serious cases has generated considerable alarm in society in general. The aim of this study is to determine the social perception of Law 5/2000. For this purpose, a sample of 936 people from the Autonomous Region of the Canary Islands was surveyed. The main results indicate that there is a significant lack of knowledge about the law and that people tend to think that the measures taken are not as effective as studies carried out in connection with this subject have shown. Nevertheless, the people surveyed are more in favour of educational measures than of measures that penalize. These results are discussed in connection with the importance that community factors have in dealing with juvenile delinquency, and in particular, in the power of social pressure to modify legislation, and of the community to assume responsibility for the reinsertion of juvenile offenders.

The business of human embryonic stem cell research and an international analysis of relevant laws.

PubMed

De Trizio, Ella; Brennan, Christopher S

2004-01-01

Few sciences have held out such therapeutic promise and correspondingly stirred so much controversy in countries throughout the world as the developing science surrounding human embryonic stem cells. Since the first reported development of several lines of human embryonic stem cells in 1988, many governments around the world have attempted to address the thorny ethical issues raised by human embryonic stem cell research by the passage of laws. In some cases these laws have directly regulated governmental funding of the science; in other cases they have created a legal environment that has either encouraged or discouraged both governmental and private funding of the science. This article first differentiates human embryonic stem cells from other types of stem cells and frames the ethical controversy surrounding human embryonic stem cell research, then surveys laws governing human embryonic stem cell research in various scientifically advanced countries located throughout the Pacific Rim, Europe and North America and explains the impact these laws have had on governmental and private funding of human embryonic stem cell research.

Fatal Injuries of Law Enforcement/Correctional Officers Attacked with Sharp-Edged Weapons.

PubMed

Chenpanas, Patsy; Bir, Cynthia

2017-05-01

According to the National Law Enforcement Memorial Fund, there were 117 law enforcement fatalities in the United States in 2015. Assaults with sharp-edged weapons have resulted in a total of over 400 fatalities in the United States. The goal of the current research was to examine sharp-edged weapon assaults against law enforcement and correctional agents that resulted in a fatal outcome. A total of twelve autopsy reports were reviewed from across the United States. Four cases involved law enforcement officers, seven involved correctional officers, and one was an off-duty border officer. The male-to-female ratio was 11:1. A total of 70.2% of the wounds analyzed were stab wounds (n = 85), and 29.8% of the wounds were slash wounds (n = 36). Based on this review, the neck, shoulder, and chest regions were the most vulnerable to single fatal stab/slash wounds. Multiple stab/slash wounds often resulted in exsanguination. The use of body armor was only noted in one case. © 2016 American Academy of Forensic Sciences.

Power law for the duration of recession and prosperity in Latin American countries

NASA Astrophysics Data System (ADS)

Redelico, Francisco O.; Proto, Araceli N.; Ausloos, Marcel

2008-11-01

Ormerod and Mounfield [P. Ormerod, C. Mounfield, Power law distribution of duration and magnitude of recessions in capitalist economies: Breakdown of scaling, Physica A 293 (2001) 573] and Ausloos et al. [M. Ausloos, J. Mikiewicz, M. Sanglier, The durations of recession and prosperity: Does their distribution follow a power or an exponential law? Physica A 339 (2004) 548] have independently analyzed the duration of recessions for developed countries through the evolution of the GDP in different time windows. It was found that there is a power law governing the duration distribution. We have analyzed data collected from 19 Latin American countries in order to observe whether such results are valid or not for developing countries. The case of prosperity years is also discussed. We observe that the power law of recession time intervals, see Ref. [1], is valid for Latin American countries as well. Thus an interesting point is discovered: the same scaling time is found in the case of recessions for the three data sets (ca. 1 year), and this could represent a universal feature. Other time scale parameters differ significantly from each other.

Evolution and the Law

ERIC Educational Resources Information Center

Mayer, William V.

1973-01-01

Some court cases and legislative bills have been filed in states to legalize the use of the creationist view (of life forms on earth) in biology textbooks superseding the organic theory of evolution. The law has not yet accepted the religious viewpoint. (PS)

A "Bioethics" Approach to Teaching Health Law.

ERIC Educational Resources Information Center

Capron, Alexander Morgan

1988-01-01

The reasons for offering a course in bioethics to law students and some approaches to take in addressing controversial issues are examined. The use of hypothetical vs. real cases, emphasis on clinical problems, and overall course objectives are discussed. (MSE)

Lesbians still face job discrimination.

PubMed

Ryniker, Margaret R

2008-01-01

This article examines continued discrimination against lesbians in the workplace. A number of cases from various jurisdictions in the United States are highlighted. The paper studies two common forms of discrimination: denial of employment benefits to same sex partners, and sexual harassment. On the first front, the case law suggests that health insurance coverage for one's partner is becoming the norm. On the question of sexual harassment in the workplace, the case law did not provide protection for lesbians. Finally, U.S. employment policies related to sexual orientation are contrasted with those in Israel, which provides much greater protection from discrimination.

Trajectory optimization and guidance law development for national aerospace plane applications

NASA Technical Reports Server (NTRS)

Calise, A. J.; Flandro, G. A.; Corban, J. E.

1988-01-01

The work completed to date is comprised of the following: a simple vehicle model representative of the aerospace plane concept in the hypersonic flight regime, fuel-optimal climb profiles for the unconstrained and dynamic pressure constrained cases generated using a reduced order dynamic model, an analytic switching condition for transition to rocket powered flight as orbital velocity is approached, simple feedback guidance laws for both the unconstrained and dynamic pressure constrained cases derived via singular perturbation theory and a nonlinear transformation technique, and numerical simulation results for ascent to orbit in the dynamic pressure constrained case.

Laboratory study of sonic booms and their scaling laws. [ballistic range simulation

NASA Technical Reports Server (NTRS)

Toong, T. Y.

1974-01-01

This program undertook to seek a basic understanding of non-linear effects associated with caustics, through laboratory simulation experiments of sonic booms in a ballistic range and a coordinated theoretical study of scaling laws. Two cases of superbooms or enhanced sonic booms at caustics have been studied. The first case, referred to as acceleration superbooms, is related to the enhanced sonic booms generated during the acceleration maneuvers of supersonic aircrafts. The second case, referred to as refraction superbooms, involves the superbooms that are generated as a result of atmospheric refraction. Important theoretical and experimental results are briefly reported.

On Integral Upper Limits Assuming Power-law Spectra and the Sensitivity in High-energy Astronomy

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

Ahnen, Max L., E-mail: m.knoetig@gmail.com

The high-energy non-thermal universe is dominated by power-law-like spectra. Therefore, results in high-energy astronomy are often reported as parameters of power-law fits, or, in the case of a non-detection, as an upper limit assuming the underlying unseen spectrum behaves as a power law. In this paper, I demonstrate a simple and powerful one-to-one relation of the integral upper limit in the two-dimensional power-law parameter space into the spectrum parameter space and use this method to unravel the so-far convoluted question of the sensitivity of astroparticle telescopes.

A model for longitudinal and shear wave propagation in viscoelastic media

PubMed

Szabo; Wu

2000-05-01

Relaxation models fail to predict and explain loss characteristics of many viscoelastic materials which follow a frequency power law. A model based on a time-domain statement of causality is presented that describes observed power-law behavior of many viscoelastic materials. A Hooke's law is derived from power-law loss characteristics; it reduces to the Hooke's law for the Voigt model for the specific case of quadratic frequency loss. Broadband loss and velocity data for both longitudinal and shear elastic types of waves agree well with predictions. These acoustic loss models are compared to theories for loss mechanisms in dielectrics based on isolated polar molecules and cooperative interactions.

Bad risk? An overview of laws prohibiting possession of firearms by individuals with a history of treatment for mental illness.

PubMed

Simpson, Joseph R

2007-01-01

For nearly 40 years, federal law has barred certain individuals with a history of mental health treatment from purchasing, receiving, or possessing firearms. State laws are a patchwork of different regulations, some much more inclusive than the federal statute, others that parallel it closely. In some states, such laws are nonexistent. For the past 20 years, it has been possible to petition for relief from the federal prohibition; however, this is not the case with all state laws. The mechanisms for relief under state laws, when present, vary significantly, and not all require the input of a mental health professional or even of any physician. This article provides an overview of federal and state laws, a discussion of implications of these laws for mental health clinicians and forensic practitioners, and suggestions of directions for future research.

The role of law in public health: the case of family planning in the Philippines.

PubMed

Mello, Michelle Marie; Powlowski, Marcus; Nañagas, Juan M P; Bossert, Thomas

2006-07-01

Compared to neighboring countries, the Philippines has high fertility rates and a low prevalence of modern-method contraception use. The Philippine government faces political and cultural barriers to addressing family planning needs, but also legal barriers erected by its own policies. We conducted a review of laws and policies relating to family planning in the Philippines in order to examine how the law may facilitate or constrain service provision. The methodology consisted of three phases. First, we collected and analyzed laws and regulations relating to the delivery of family planning services. Second, we conducted a qualitative interview study. Third, we synthesized findings to formulate policy recommendations. We present a conceptual model for understanding the impact of law on public health and discuss findings in relation to the roles of health care provider regulation, drug regulation, tax law, trade policies, insurance law, and other laws on access to modern-method contraceptives.

77 FR 72141 - Rules of Practice and Procedure for Hearings Before the Office of Administrative Law Judges

Federal Register 2010, 2011, 2012, 2013, 2014

2012-12-04

...The Department of Labor proposes to revise and reorganize the Rules of Practice and Procedure for Administrative Hearings Before the Office of Administrative Law Judges, from our regulations, which provide procedural guidance to administrative law judges, claimants, employers, and Department of Labor representatives seeking to resolve disputes under a variety of employment and labor laws. The Office of Administrative Law Judges promulgated these regulations in 1983. The regulations were modeled on the Federal Rules of Civil Procedure (FRCP) and have proved extraordinarily helpful in providing litigants with familiar rules governing hearing procedure. Since 1983, the FRCP have been amended many times. Moreover, in 2007 the FRCP were given a complete revision to improve style and clarity. The nature of litigation has also changed in the past 28 years, particularly in the areas of discovery and electronic records. Thus, OALJ has revised its regulations to make the rules more accessible and useful to parties, and to harmonize administrative hearing procedures with the current FRCP. The goal in amending the regulations is to provide clarity through the use of consistent terminology, structure and formatting so that parties have clear direction when pursuing or defending against a claim. In addition to revising the regulations to conform to modern legal procedure, the rules need to be modified to reflect the types of claims now heard by OALJ. When the rules were promulgated in 1983, OALJ primarily adjudicated occupational disease and injury cases. Presently, and looking ahead to the future, OALJ is and will be increasingly tasked with hearing whistleblower and other workplace retaliation claims, in addition to the occupational disease and injury cases. These types of cases require more structured management and oversight by the presiding administrative law judge and more sophisticated motions and discovery procedures than the current regulations provide. In order to best manage the complexities of whistleblower and discrimination claims, OALJ needs to update its rules to address the procedural questions that arise in these cases.

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

PubMed

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

2005-01-01

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

Medicolegal aspects of complex behaviours arising from the sleep period: a review and guide for the practising sleep physician.

PubMed

Morrison, Ian; Rumbold, John M M; Riha, Renata L

2014-06-01

This review is aimed at summarizing the current state of knowledge regarding parasomnias, which have been implicated in medicolegal cases as well as providing guidance to those working within common-law jurisdictions regarding the technical aspects of the law. Sleepwalking and sexsomnia as a defence are being raised more frequently in criminal cases and there has been public debate on their validity. Unfortunately, expert evidence on forensic sleep disorders continues to be heavily opinion-based with the potential for miscarriages of justice seen in recent highly publicized cases. There is an apparent inertia in research into violent sleep disorders. We review the current state of forensic sleep science in the United Kingdom (UK) and abroad and discuss the need to formulate guidelines based on available evidence. We also highlight the pressing necessity for more research in this area as well as the need to reform the law, which is the subject of a recent Criminal Law Commission report in the United Kingdom. In time, this will facilitate the efficient, proportionate, and just disposal of violence arising from sleep, thus benefitting both society and the individual sufferer. Copyright © 2013 Elsevier Ltd. All rights reserved.

A unifying fractional wave equation for compressional and shear waves.

PubMed

Holm, Sverre; Sinkus, Ralph

2010-01-01

This study has been motivated by the observed difference in the range of the power-law attenuation exponent for compressional and shear waves. Usually compressional attenuation increases with frequency to a power between 1 and 2, while shear wave attenuation often is described with powers less than 1. Another motivation is the apparent lack of partial differential equations with desirable properties such as causality that describe such wave propagation. Starting with a constitutive equation which is a generalized Hooke's law with a loss term containing a fractional derivative, one can derive a causal fractional wave equation previously given by Caputo [Geophys J. R. Astron. Soc. 13, 529-539 (1967)] and Wismer [J. Acoust. Soc. Am. 120, 3493-3502 (2006)]. In the low omegatau (low-frequency) case, this equation has an attenuation with a power-law in the range from 1 to 2. This is consistent with, e.g., attenuation in tissue. In the often neglected high omegatau (high-frequency) case, it describes attenuation with a power-law between 0 and 1, consistent with what is observed in, e.g., dynamic elastography. Thus a unifying wave equation derived properly from constitutive equations can describe both cases.

The Right of the Child to Be Heard in Education Litigation: An Analysis of the "Intelligent Design" Pennsylvania Case on the Separation of Church and State in the Public Schools

ERIC Educational Resources Information Center

Grover, Sonja

2006-01-01

This paper examines a seminal case in US education law regarding the separation of Church and State in the public schools. The issue decided was whether it is constitutional under American law for a school district to mandate reference to "intelligent design" (ID) as an alternative to the theory of evolution whilst instructing students…

25 CFR 20.516 - How are child abuse, neglect or exploitation cases to be handled?

Code of Federal Regulations, 2010 CFR

2010-04-01

... Family Violence Prevention Act of 1990, Public Law 101-630, 25 CFR part 63, federal and/or state laws where applicable, and tribal codes which protect Indian children and victims of domestic violence. This...

Recent Developments in the Law.

ERIC Educational Resources Information Center

Journal of Law and Education, 1983

1983-01-01

An overview of recent court decisions on prayer in public schools is followed by brief synopses of cases in nine areas concerning primary and secondary levels and four areas concerning higher education. Finally, law review articles on federal and state issues are summarized. (MD)

Children in Civil Law: The Tort of Negligence.

ERIC Educational Resources Information Center

Sheehy, N. P.; Chapman, A. J.

1984-01-01

Examines judgments involving children under the tort of negligence, using All England Law Reports for 1939 to 1983 and some cases from other countries. Discusses "contributory negligence,""parental liability,""responsibility,""allurement," and "res-ipsa loquitur." Suggests more use of developmental…

From Legislation to Implementation: A Distributed Leadership View of One District's Response to the Massachusetts Anti-Bullying Law of 2010

ERIC Educational Resources Information Center

Cron, Alan H

2016-01-01

Purpose: The purpose of this paper is to examine the leadership practice of an 11-member district team of educators assembled to respond to one of the most comprehensive bullying laws in the nation--the Massachusetts Anti-Bullying Law of 2010. This three-year case study provides school leaders and legislators with an in-depth, fine-grained…

The Employment Context. The Impact of the Law on the Lives of Women. Gender and American Law Series, No. 3.

ERIC Educational Resources Information Center

Maschke, Karen J., Ed.

This book contains the following 14 articles on the effects of law on women in the United States: "Protection of Women Workers and the Courts: A Legal Case History" (Ann Corinne Hill); "Sexual Harassment and Race: A Legal Analysis of Discrimination" (Judy Trent Ellis); "Comparable Worth: Is This a Theory for Black Workers?" (Judy Scales-Trent);…

[Patients' rights--doctors' duties].

PubMed

Jaeger, L; Bertram, E; Grate, S; Mischkowsky, T; Paul, D; Probst, J; Scala, E; Wbllenweber, H D

2015-06-01

On 26 February 2013 the new "Law on Patients' Rights" (hereinafter also the "Law") became effective. This Law strengthens patients' rights vis-à-vis the insurdnce company and also regulates patients' rights regarding their relation to the doctor. This has consequences for the laws on medical liability all doctors must consider. The doctor's performance is and remains a service and such service does not hold any guarantee of success. Nevertheless, this Law primarily reads as a "law on the duties of physicians". To duly take into account these duties and to avoid mistakes and misinterpretation of the Law, the Ethics Committee of the Consortium of Osteosynthesis Trauma Germany (AOTRAUMA-D) has drafted comments on the Law. Brief summaries of its effects are to be found at the end of the respective comment under the heading "Consequences for Practice". The text of the law was influenced particularly by case law, as continuously developed by the German Federal Court of Justice ("BGH"). The implementation of the Law on Patients' Rights was effected by the newly inserted sections 630a to 630h of the German Civil Code (the "BGB"), which are analysed below. The following comments are addressed to physicians only and do not deal with the specific requirements and particularities of the other medical professions such as physiotherapy, midwifery and others so on. Special attention should be paid to the comments on the newly inserted Duty to inform, which has to be fullfilled prior to any diagnostic or therapeutic procedure (sec. 630c para 2 sentence 1 BGB). Under certain conditions the doctor also has to inform the patient about the circumstances that lead to the presumed occurance of a therapeutic or diagnostic malpractice (sec. 630c para. 2 sentence 2 BGB), based on the manifestation of an undesired event or an undesired outcome. As before, the patient's valid consent to any procedure (sec. 630d BGB) is directly linked to the comprehensive and timely provision of information (sec. 630e BGB). Comprehensive documentation obligations regarding all procedures are stipulated in sec. 630f BGB. As before, the burden of proof still rests with the patient, unless a severe malpractice has been established (sec. 630h BGB). The definition of "severe malpractice" remains unchanged and is based on the case law of the Federal Court of Justice (BGH). The patient's obligations to preserve his or her health and to actively support the process of recovery and securing a positive outcome of the treatment are not explicitly mentioned in the Law. Nevertheless, the patient and the physician need to work closely together to achieve a successful result of the treatment. In case the patient does not give his or her cooperation, the physician should consider terminating the treatment relationship.

Combining Benford's Law and machine learning to detect money laundering. An actual Spanish court case.

PubMed

Badal-Valero, Elena; Alvarez-Jareño, José A; Pavía, Jose M

2018-01-01

This paper is based on the analysis of the database of operations from a macro-case on money laundering orchestrated between a core company and a group of its suppliers, 26 of which had already been identified by the police as fraudulent companies. In the face of a well-founded suspicion that more companies have perpetrated criminal acts and in order to make better use of what are very limited police resources, we aim to construct a tool to detect money laundering criminals. We combine Benford's Law and machine learning algorithms (logistic regression, decision trees, neural networks, and random forests) to find patterns of money laundering criminals in the context of a real Spanish court case. After mapping each supplier's set of accounting data into a 21-dimensional space using Benford's Law and applying machine learning algorithms, additional companies that could merit further scrutiny are flagged up. A new tool to detect money laundering criminals is proposed in this paper. The tool is tested in the context of a real case. Copyright © 2017 Elsevier B.V. All rights reserved.

Race, law, and health: Examination of 'Stand Your Ground' and defendant convictions in Florida.

PubMed

Ackermann, Nicole; Goodman, Melody S; Gilbert, Keon; Arroyo-Johnson, Cassandra; Pagano, Marcello

2015-10-01

Previous analyses of Stand Your Ground (SYG) cases have been primarily descriptive. We examine the relationship between race of the victim and conviction of the defendant in SYG cases in Florida from 2005 to 2013. Using a regression analytic approach, we allow for simultaneous examination of multiple factors to better understand existing interrelationships. Data was obtained from the Tampa Bay Times SYG database (237 cases) which was supplemented with available online court documents and/or news reports. After excluding cases which were, still pending as of January 2015; had multiple outcomes (because of multiple suspects); and missing information on race of victim and weapon of victim, our final analytic sample has 204 cases. We chose whether the case resulted in a conviction as the outcome. We develop logistic regression models using significant bivariate predictors as candidates. These include race of the victim (White, non-White), whether the defendant could have retreated from the situation, whether the defendant pursued the victim, if the victim was unarmed, and who was the initiator of the confrontation. We find race of the victim to be a significant predictor of case outcome in this data set. After controlling for other variables, the defendant is two times (OR = 2.1, 95% CI [1.07, 4.10]) more likely to be convicted in a case that involves White victims compared to those involving non-White victims. Our results depict a disturbing message: SYG legislation in Florida has a quantifiable racial bias that reveals a leniency in convictions if the victim is non-White, which provides evidence towards unequal treatment under the law. Rather than attempting to hide the outcomes of these laws, as was done in Florida, other states with SYG laws should carry out similar analyses to see if their manifestations are the same as those in Florida, and all should remediate any injustices found. Copyright © 2015 Elsevier Ltd. All rights reserved.

3 CFR 8658 - Proclamation 8658 of April 27, 2011. Workers Memorial Day, 2011

Code of Federal Regulations, 2012 CFR

2012-01-01

... hazards. In the four decades since those landmark laws were enacted, we have seen great progress in... full force of the law is brought to bear in cases where workers are put in harm's way. Many of our...

28 CFR 92.2 - Am I eligible to apply to participate in the Police Corps?

Code of Federal Regulations, 2014 CFR

2014-07-01

... dedication to law enforcement and public service; (5) In the case of an undergraduate, agree in writing that... dedication to law enforcement. (b) According to the Debt Collection Procedures Act (Pub. L. 101-647 as...

28 CFR 92.2 - Am I eligible to apply to participate in the Police Corps?

Code of Federal Regulations, 2012 CFR

2012-07-01

... dedication to law enforcement and public service; (5) In the case of an undergraduate, agree in writing that... dedication to law enforcement. (b) According to the Debt Collection Procedures Act (Pub. L. 101-647 as...

28 CFR 92.2 - Am I eligible to apply to participate in the Police Corps?

Code of Federal Regulations, 2013 CFR

2013-07-01

... dedication to law enforcement and public service; (5) In the case of an undergraduate, agree in writing that... dedication to law enforcement. (b) According to the Debt Collection Procedures Act (Pub. L. 101-647 as...

28 CFR 68.2 - Definitions.

Code of Federal Regulations, 2011 CFR

2011-07-01

... IMMIGRATION-RELATED EMPLOYMENT PRACTICES, AND DOCUMENT FRAUD § 68.2 Definitions. For purposes of this part: Adjudicatory proceeding means an administrative judicial-type proceeding, before the Office of the Chief... law by an Administrative Law Judge or the Chief Administrative Hearing Officer; Document fraud cases...

28 CFR 68.2 - Definitions.

Code of Federal Regulations, 2010 CFR

2010-07-01

... IMMIGRATION-RELATED EMPLOYMENT PRACTICES, AND DOCUMENT FRAUD § 68.2 Definitions. For purposes of this part: Adjudicatory proceeding means an administrative judicial-type proceeding, before the Office of the Chief... law by an Administrative Law Judge or the Chief Administrative Hearing Officer; Document fraud cases...

Grimm's Law Revisited: A Case for Natural, Typological Phonology.

ERIC Educational Resources Information Center

Caflisch, Jacob, Sr.

1990-01-01

Reviews and comments on the major points made in Albert Gessman's paper, "Grimm's Law: Fact or Myth?" Through the evaluation of the paper's 13 points, several ideas are pointed out that are believed to be crucial to Gessman's arguments. (29 references) (GLR)

Medical negligence and the law.

PubMed

Murthy, K K S R

2007-01-01

After the Consumer Protection Act, 1986, came into effect, a number of patients have filed cases against doctors. This article presents a summary of legal decisions related to medical negligence: what constitutes negligence in civil and criminal law, and what is required to prove it.

Discrimination in Public Employment: The Evolving Law.

ERIC Educational Resources Information Center

McCarthy, Martha M.

This monograph reviews the current status of constitutional, statutory, and case law governing public employers' obligations to assure equal employment opportunities and employees' rights to nondiscriminatory treatment. An initial overview of the legal framework discusses federal equal protection mandates including the guarantee of equal…

32 CFR 701.12 - FOIA appeals/litigation.

Code of Federal Regulations, 2011 CFR

2011-07-01

... Counsel, and the Associate General Counsel (Management). (1) In their capacity, appellate authorities will... activities in the areas of business and commercial law, real and personal property law, intellectual property... right of judicial remedy. Nonetheless, the appellate authority will continue to process the case...

A Venture in Constitutional Law.

ERIC Educational Resources Information Center

Cole, W. Graham; Dillon, Dorothy H.

1980-01-01

Senior high girls and boys from two single-sex schools undertook a study of a Supreme Court case that provided insight not only into constitutional law and history but also into how men and women can work together and relate in other ways than dating. (DS)

Legal Officer Civil Law Study Guide

DTIC Science & Technology

1993-04-01

Publication 9-7 Civil Law - Legal Officer Study Guide 2. Some cases are not amenable to treatment (such as extrafamilial pedophiles , who are considered...evaluations showing a good treatment prognosis (including a determination that the person is not a pedophile , as pedophiles are generally considered

Health, alcohol and EU law: understanding the impact of European single market law on alcohol policies.

PubMed

Baumberg, Ben; Anderson, Peter

2008-08-01

Many professionals in the alcohol field see the role of the the European Court of Justice (ECJ) as negative for health. This review examines ECJ and European Free Trade Association (EFTA) case law in the context of two broader debates: firstly the extension of European Union (EU) law into alcohol policy (the 'juridification' of alcohol policy), and secondly the extent to which alcohol policy is an example of the dominance of 'negative integration' (the removal of trade-distorting policy) over 'positive integration' (the creation of European alcohol policies). A comprehensive review of all ECJ/EFTA Court cases on alcohol, with interpretation aided by a secondary review on alcohol and EU law and the broader health and trade field. From looking at taxation, minimum pricing, advertising and monopoly policies, the extension of the scope of the these courts over alcohol policy is unquestionable. However, the ECJ and EFTA Court have been prepared to prioritize health over trade concerns when considering alcohol policies, providing certain conditions have been met. While a partial juridification of alcohol policy has led to the negative integration of alcohol policies, this effect is not as strong as sometimes thought; EU law is more health friendly than it is perceived to be, and its impact on levels of alcohol-related harm appears low. Nevertheless, lessons emerge for policymakers concerned about the legality of alcohol policies under EU law. More generally, those concerned with alcohol and health should pay close attention to developments in EU law given their importance for public health policy on alcohol.

Impact of U.S. Smoke-free Air Laws on Restaurant and Bar Employment, 1990-2015.

PubMed

Shafer, Paul

2017-12-23

Secondhand smoke exposure is responsible for an estimated 50,000 deaths per year among nonsmokers in the U.S. Smoke-free air laws reduce secondhand smoke exposure but often encounter opposition over concerns about their economic impact. Expansion of these laws has stagnated and efforts to weaken existing laws may exacerbate existing disparities in exposure. Studies at the state and local levels have found that smoke-free air laws do not generally have an adverse effect, but there are no recent estimates of the impact of these laws nationally. Employment and sales are two measures commonly used to estimate the economic impact of smoke-free air laws. Sales data are gathered by state and local taxing authorities but not uniformly across jurisdictions. Dynamic panel models are used to estimate a population-weighted national average treatment effect of smoke-free air laws on restaurant and bar employment using data from the Quarterly Census of Employment and Wages for 1990 to 2015. A one-percentage point increase in population covered by a restaurant smoke-free air law is associated with a small increase (approximately 0.01%) in restaurant employment (b=0.0001, P<0.001). The percentage of state population covered by a bar smoke-free air law was not associated with bar employment. Smoke-free air laws are a powerful tool for protecting hospitality workers and patrons from the dangers of secondhand smoke. Using data over more than two decades, these results suggest that smoke-free air laws in the U.S. do not generally have any meaningful effect on restaurant and bar employment. Smoke-free air laws are associated with reductions in negative health outcomes and decreased smoking prevalence. Despite this clear public health argument and strong public support, passage of new laws has stagnated and exemptions are being used to weaken existing laws. The ability to make both a health and business case in support of existing laws may also bolster the case for expansion. This study provides an updated look at the economic impact of smoke-free air laws nationally through 2015. The lack of adverse findings provides additional support for these laws as public health win-win. © The Author(s) 2017. Published by Oxford University Press on behalf of the Society for Research on Nicotine and Tobacco. All rights reserved. For permissions, please e-mail: journals.permissions@oup.com.

Sleep-related automatism and the law.

PubMed

Ebrahim, Irshaad Osman; Fenwick, Peter

2008-04-01

Crimes carried out during or arising from sleep highlight many difficulties with our current law and forensic sleep medicine clinical practice. There is a need for clarity in the law and agreement between experts on a standardised form of assessment and diagnosis in these challenging cases. We suggest that the time has come for a standardised, internationally recognised diagnostic protocol to be set as a minimum standard in all cases of suspected sleep-related forensic cases. The protocol of a full medical history, sleep history, psychiatric history, neuropsychiatric and psychometric examination and electroencephalography (EEG), should be routine. It should now be mandatory to carry out routine polysomnography (PSG) to establish the presence of precipitating and modulating factors. Sleepwalking is classified as insane automatism in England and Wales and sudden arousal from sleep in a non-sleepwalker as sane automatism. The recent case in England of R v. Lowe (2005) highlights these anomalies. Moreover, the word insanity stigmatises sleepwalkers and should be dropped. The simplest solution to these problems would be for the law to be changed so that there is only one category of defence for all sleep-related offences--not guilty by reason of sleep disorder. This was rejected by the House of Lords for cases of automatism due to epilepsy, and is likely to be rejected for sleepwalkers. Removing the categories of automatism (sane or insane) would be the best solution. Risk assessment is already standard practice in the UK and follow up, subsequent to disposal, by approved specialists should become part of the sentencing process. This will provide support for the defendant and protection of the public.

Signal-to-Noise Ratio Requirements for Half-Wave and Full-Wave Nonlinear Detectors with Arbitrary Power Laws, Sampling Rates, Input Spectra, and Filter Characteristics

DTIC Science & Technology

1986-06-10

system consisting of a sampler, a nonlinear rectifier, and a low-pass filter is evaluated generally , for arbitrary half-wave or full-wave v-th law...spectra, the possibility of using deliberate undersampling with no loss of performance is illustrated. The use of a half-wave rectifier generally ... some cases, significantly so. Programs for all procedures employed are presented so that investigation of additional cases or combinations of

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

Babac, Gulru

Gas flow in micro/nano scale systems has been generally studied for the Maxwell gases. In the limits of very low temperature and very confined domains, the Maxwellian approximation can break down and the quantum character of the gases becomes important. In these cases, Knudsen law, which is one of the important equations to analyze rarefied gas flows is invalid and should be reanalyzed for quantum gases. In this work, the availability of quantum gas conditions in the high Knudsen number cases is discussed and Knudsen law is analyzed for quantum gases.

Improving coordinated responses for victims of intimate partner violence: law enforcement compliance with state-mandated intimate partner violence documentation.

PubMed

Cerulli, Catherine; Edwardsen, Elizabeth A; Hall, Dale; Chan, Ko Ling; Conner, Kenneth R

2015-07-01

New York State law mandates specific intimate partner violence (IPV) documentation under all circumstances meeting the enumerated relationship and crime criteria at the scene of a domestic dispute. Law enforcement compliance with this mandate is unknown. We reviewed law enforcement completion rates of Domestic Violence Incident Reports (DVIRs) and assessed correlations with individual or legal factors. Law enforcement officers filed DVIRs in 54% of the cases (n = 191), more often when injury occurred (p < .01) and the defendant had prior court contact (p < .05). The discussion explores policy implications and potential means to rectify the gap between mandated processes and implementation. © The Author(s) 2015.

Legal obstacles and incentives to the development of small scale hydroelectric power in New Jersey

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

None,

1980-05-01

The legal and institutional obstacles to the development of small-scale hydroelectric energy at the state level in New Jersey are described. The Federal government also exercises extensive regulatory authority in the area. The dual regulatory system from the standpoint of the appropriate legal doctrine, the law of pre-emption, application of the law to the case of hydroelectric development, and an inquiry into the practical use of the doctrine by the FERC is discussed. New Jersey follows the riparian theory of water law. Following an extensive discussion of the New Jersey water law, New Jersey regulatory law and financial considerations regardingmore » hydroelectric power development are discussed.« less

Forty-Year Anniversary of Louisiana's Medical Malpractice Act, Act 817 of 1975.

PubMed

Palmisano, Donald J

2015-01-01

Here we are at the 40th anniversary of the passage of the 1975 Medical Malpractice Act, Act 817.2 How time flies! Act 817 of 1975 lives and the Louisiana State Supreme Court has ruled the current law, a total cap on all damages with its 1984 amendment for unlimited future medical payments as incurred (La. Act 435 of 19843), constitutional in the Butler case previously cited in the 20-year anniversary article (reprinted in this issue of the Journal). Louisiana's law was voted into law prior to California's famous medical liability law.4 For another great triumph, see Texas and its success in 2003.5 Three different laws; three proven long-term successes.

[Compulsory hospitalizations, which cantonal law does apply? The situation in west Switzerland].

PubMed

Dupont-Willemin, Alexandre

2014-09-17

The Swiss cantons authorize doctors to order compulsory hospitalization for a maximal duration of four to six week. The examination of cantonal proceedings highlights new exceptions to medical confidentiality in respect of the protection authority. The Civil Code (Art. 442) specifies which cantonal laws do apply when the patient lives in another canton. In urgent cases, doctors may order a hospitalization according to their cantonal law or according to the cantonal law of the patient's residence. However, only Berne and Fribourg allow all doctors in Switzerland to hospitalize their residents. If possible the decision should be made according to the law of the canton, where the patient will be hospitalized.

Addressing the “Risk Environment” for Injection Drug Users: The Mysterious Case of the Missing Cop

PubMed Central

Burris, Scott; Blankenship, Kim M; Donoghoe, Martin; Sherman, Susan; Vernick, Jon S; Case, Patricia; Lazzarini, Zita; Koester, Stephen

2004-01-01

Ecological models of the determinants of health and the consequent importance of structural interventions have been widely accepted, but using these models in research and practice has been challenging. Examining the role of criminal law enforcement in the “risk environment” of injection drug users (IDUs) provides an opportunity to apply structural thinking to the health problems associated with drug use. This article reviews international evidence that laws and law enforcement practices influence IDU risk. It argues that more research is needed at four levels—laws; management of law enforcement agencies; knowledge, attitudes, beliefs, and practices of frontline officers; and attitudes and experiences of IDUs—and that such research can be the basis of interventions within law enforcement to enhance IDU health. PMID:15016246

A Note on Weak Solutions of Conservation Laws and Energy/Entropy Conservation

NASA Astrophysics Data System (ADS)

Gwiazda, Piotr; Michálek, Martin; Świerczewska-Gwiazda, Agnieszka

2018-03-01

A common feature of systems of conservation laws of continuum physics is that they are endowed with natural companion laws which are in such cases most often related to the second law of thermodynamics. This observation easily generalizes to any symmetrizable system of conservation laws; they are endowed with nontrivial companion conservation laws, which are immediately satisfied by classical solutions. Not surprisingly, weak solutions may fail to satisfy companion laws, which are then often relaxed from equality to inequality and overtake the role of physical admissibility conditions for weak solutions. We want to answer the question: what is a critical regularity of weak solutions to a general system of conservation laws to satisfy an associated companion law as an equality? An archetypal example of such a result was derived for the incompressible Euler system in the context of Onsager's conjecture in the early nineties. This general result can serve as a simple criterion to numerous systems of mathematical physics to prescribe the regularity of solutions needed for an appropriate companion law to be satisfied.

Lawsuits and secondhand smoke.

PubMed

Sweda, E L

2004-03-01

This paper describes secondhand smoke (SHS) litigation over the past quarter century where non-smoking litigants have prevailed and attempts to decipher trends in the law that may impact the course of future cases. Since the early 1980s, the author has sought and examined legal cases in which SHS exposure is an important factor. Law library searches using the official reporter system (for example, Shimp v. New Jersey Bell Telephone Co., 368 A.2d 408) have more recently been combined with computerised online searches using LexisNexis and Westlaw. The author has learned of other cases through personal correspondence and from articles in newspapers. Over 420 cases involving exposure to SHS were identified. Each case was reviewed and summarised. Since 1976, the year of the first reported SHS lawsuit, this type of litigation has increased both in number and in scope with increasing success. While it is common for initial cases to lose in a new area where the law eventually evolves, litigants and their lawyers who later bring similar cases can learn from those previous, unsuccessful cases. It is now apparent that the judicial branch has begun to recognise the need to protect the public-especially some of the most vulnerable members of our society-from the serious threat to their health that is exposure to SHS. Successful cases brought on behalf of individuals exposed to SHS produce an additional benefit for the public health by both paving the way for other non-smoking litigants to succeed in their cases and persuading business owners and others voluntarily to make their facilities 100% smoke-free.

Suicide by cop: clinical risks and subtypes.

PubMed

Dewey, Lauren; Allwood, Maureen; Fava, Joanna; Arias, Elizabeth; Pinizzotto, Anthony; Schlesinger, Louis

2013-01-01

This study examines whether clinical classification schemes from general suicide research are applicable for cases of suicide by cop (SbC) and whether there are indicators as to why the police might be engaged in the suicide. Using archival law enforcement data, 13 clinical risks were examined among 68 cases of SbC using exploratory factor analysis and k-means cluster analysis. Three subtypes of SbC cases emerged: Mental Illness, Criminality, and Not Otherwise Specified. The subtypes varied significantly on their levels of mental illness, substance use, and criminal activity. Findings suggest that reducing fragmentation between law enforcement and mental health service providers might be a crucial goal for suicide intervention and prevention, at least among cases of SbC.

The Legal Implications of Student Use of Social Networking Sites in the UK and US: Current Concerns and Lessons for the Future

ERIC Educational Resources Information Center

Davies, Mark R.; Lee, Barbara A.

2008-01-01

This paper provides a comparative snapshot of the current state of the law in the US and UK with respect to potential liability of university and college students for use (and misuse) of social networking sites. It reviews the limited case law on this topic, highlights the differences in the two nations' laws of defamation and the various possible…

Benford's Law and Why the Integers Are Not What We Think They Are: A Critical Numeracy of Benford's Law

ERIC Educational Resources Information Center

Stoessiger, Rex

2013-01-01

A critical numeracy examination of Benford's Law suggests that our understanding of the integers is faulty. We think of them as equally likely to turn up as the first digit of a random real world number. For many real world data sets this is not true. In many cases, ranging from eBay auction prices to six digit numbers in Google to the…

Tenn Tom Constructors, Inc. Case Study No. 1

DTIC Science & Technology

1989-08-01

government contract law , both sides felt he was the best choice. ADR PROCEDURE PARTICIPANTS The decision-makers for the mini-trial were General Peter...of names. Both sides agreed to Professor Ralph Nash from George Washington University Law School, a highly reputable expert in government contract ... law . PRIOR EXPERIENCE WITht ADR Stan Johnson had served as counsel for TRW in the TRW-NASA mini-trial, the government’s first experience in using ADR to

Ethics On The Fly: Toward A Drone - Specific Code Of Conduct For Law Enforcement

DTIC Science & Technology

2016-03-01

Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202- 4302, and to the Office of Management and Budget... documentary evidence of ethical frameworks for UAS currently in use by law enforcement. A comparative policy analysis is then performed to identify...Using the case study method, this thesis considered documentary evidence of ethical frameworks for UAS currently in use by law enforcement. A

Infectious disease-related laws: prevention and control measures.

PubMed

Park, Mijeong

2017-01-01

This study examines recently revised Korean government legislation addressing global infectious disease control for public health emergency situations, with the aim of proposing more rational, effective and realistic interpretations and applications for improvement of law. The Korea reported its first laboratory-confirmed case of Middle East Respiratory Syndrome (MERS) coronavirus on May 20, 2015. Since the first indexed case, Korean public health authorities enforced many public health measures that were not authorized in the law; the scope of the current law was too limited to cover MERS. Korea has three levels of government: the central government, special self-governing provinces, and si/gun/gu. Unfortunately, the Infectious Disease Control and Prevention Act does not designate the specific roles of each level of government, and does not state how these governmental branches should be vertically integrated in a state of emergency. When thinking about these policy questions, we should be especially concerned about introducing a new act that deals with all matters relevant to emerging infectious diseases. The aim would be to develop a structure that specifies the roles of each level of government, and facilitates the close collaboration among them, then enacting this in law for the prevention and response of infectious disease. To address this problem, after analyzing the national healthcare infrastructure along with the characteristics of emerging infectious diseases, we propose the revision of the relevant law(s) in terms of governance aspects, emergency medical countermeasure aspects, and the human rights aspect.

Infectious disease-related laws: prevention and control measures

PubMed Central

2017-01-01

OBJECTIVES This study examines recently revised Korean government legislation addressing global infectious disease control for public health emergency situations, with the aim of proposing more rational, effective and realistic interpretations and applications for improvement of law. METHODS The Korea reported its first laboratory-confirmed case of Middle East Respiratory Syndrome (MERS) coronavirus on May 20, 2015. Since the first indexed case, Korean public health authorities enforced many public health measures that were not authorized in the law; the scope of the current law was too limited to cover MERS. Korea has three levels of government: the central government, special self-governing provinces, and si/gun/gu. Unfortunately, the Infectious Disease Control and Prevention Act does not designate the specific roles of each level of government, and does not state how these governmental branches should be vertically integrated in a state of emergency. RESULTS When thinking about these policy questions, we should be especially concerned about introducing a new act that deals with all matters relevant to emerging infectious diseases. The aim would be to develop a structure that specifies the roles of each level of government, and facilitates the close collaboration among them, then enacting this in law for the prevention and response of infectious disease. CONCLUSIONS To address this problem, after analyzing the national healthcare infrastructure along with the characteristics of emerging infectious diseases, we propose the revision of the relevant law(s) in terms of governance aspects, emergency medical countermeasure aspects, and the human rights aspect. PMID:28774161

Federal Immunity Law in Higher Education: A Review of the 1997 Judicial Decisions.

ERIC Educational Resources Information Center

Johnsen, Christopher

1998-01-01

Monitors developments in 1997 in federal immunity law applicable to higher education, generally public institutions. Cases touched on Eleventh Amendment immunity (abrogation, waiver, removal, entities, interlocutory appeals, discovery), qualified immunity (claims involving motivation, interlocutory appeals), and absolute immunity. (EV)

Bibliography of Mock Trial Materials.

ERIC Educational Resources Information Center

National Inst. for Citizen Education in the Law, Washington, DC.

This catalog lists general articles on mock trials, information for arranging mock trial competitions, mock trial problem sets, and video tapes. The problem sets contain introductory material, applicable law, statements of facts, witness statements, and documents. The cases include issues in family, consumer, criminal, and immigration law. Several…

49 CFR 386.38 - Scope of discovery.

Code of Federal Regulations, 2010 CFR

2010-10-01

... Assistant Administrator or, in cases that have been called for a hearing, the administrative law judge, in... administrative law judge shall protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of an attorney or other representative of a party concerning the proceeding. ...

28 CFR 77.5 - No private remedies.

Code of Federal Regulations, 2010 CFR

2010-07-01

... procedural, enforceable at law by a party to litigation with the United States, including criminal defendants, targets or subjects of criminal investigations, witnesses in criminal or civil cases (including civil law enforcement proceedings), or plaintiffs or defendants in civil investigations or litigation; or any other...

28 CFR 77.5 - No private remedies.

Code of Federal Regulations, 2012 CFR

2012-07-01

... procedural, enforceable at law by a party to litigation with the United States, including criminal defendants, targets or subjects of criminal investigations, witnesses in criminal or civil cases (including civil law enforcement proceedings), or plaintiffs or defendants in civil investigations or litigation; or any other...

28 CFR 77.5 - No private remedies.

Code of Federal Regulations, 2014 CFR

2014-07-01

... procedural, enforceable at law by a party to litigation with the United States, including criminal defendants, targets or subjects of criminal investigations, witnesses in criminal or civil cases (including civil law enforcement proceedings), or plaintiffs or defendants in civil investigations or litigation; or any other...

28 CFR 77.5 - No private remedies.

Code of Federal Regulations, 2013 CFR

2013-07-01

... procedural, enforceable at law by a party to litigation with the United States, including criminal defendants, targets or subjects of criminal investigations, witnesses in criminal or civil cases (including civil law enforcement proceedings), or plaintiffs or defendants in civil investigations or litigation; or any other...

28 CFR 77.5 - No private remedies.

Code of Federal Regulations, 2011 CFR

2011-07-01

... procedural, enforceable at law by a party to litigation with the United States, including criminal defendants, targets or subjects of criminal investigations, witnesses in criminal or civil cases (including civil law enforcement proceedings), or plaintiffs or defendants in civil investigations or litigation; or any other...

Boiling Temperature vs. Composition. An Almost-Exact Explicit Equation for a Binary Mixture Following Raoult's Law.

ERIC Educational Resources Information Center

Cardinali, Mario Emilio; Giomini, Claudio

1989-01-01

Proposes a simple procedure based on an expansion of the exponential terms of Raoult's law by applying it to the case of the benzene-toluene mixture. The results with experimental values are presented as a table. (YP)

Governance.

ERIC Educational Resources Information Center

Moran, K. D.

Chapter 1 of a book on school law, this chapter summarizes 1979 cases related to school governance in several areas: authority of state boards of education and other governmental agencies, authority of state superintendents of education, powers and duties of school boards, open meeting laws, constitutional matters, conflicts of interest on the…

Hint of Universal Law for the Financial Gains of Competitive Sport Teams. The case of Tour de France cycle race.

NASA Astrophysics Data System (ADS)

Ausloos, Marcel

2017-12-01

This short note is intended as a "Letter to the Editor" Perspective in order that it serves as a contribution, in view of reaching the physics community caring about rare events and scaling laws and unexpected findings, on a domain of wide interest: sport and money. It is apparent from the data reported and discussed below that the scarcity of such data does not allow to recommend a complex elaboration of an agent based model, - at this time. In some sense, this also means that much data on sport activities is not necessarily given in terms of physics prone materials, but it could be, and would then attract much attention. Nevertheless the findings tie the data to well known scaling laws and physics processes. It is found that a simple scaling law describes the gains of teams in recent bicycle races, like the Tour de France. An analogous case, ranking teams in Formula 1 races, is shown in an Appendix

Concentric layered Hermite scatterers

NASA Astrophysics Data System (ADS)

Astheimer, Jeffrey P.; Parker, Kevin J.

2018-05-01

The long wavelength limit of scattering from spheres has a rich history in optics, electromagnetics, and acoustics. Recently it was shown that a common integral kernel pertains to formulations of weak spherical scatterers in both acoustics and electromagnetic regimes. Furthermore, the relationship between backscattered amplitude and wavenumber k was shown to follow power laws higher than the Rayleigh scattering k2 power law, when the inhomogeneity had a material composition that conformed to a Gaussian weighted Hermite polynomial. Although this class of scatterers, called Hermite scatterers, are plausible, it may be simpler to manufacture scatterers with a core surrounded by one or more layers. In this case the inhomogeneous material property conforms to a piecewise continuous constant function. We demonstrate that the necessary and sufficient conditions for supra-Rayleigh scattering power laws in this case can be stated simply by considering moments of the inhomogeneous function and its spatial transform. This development opens an additional path for construction of, and use of scatterers with unique power law behavior.

GPU accelerated simulations of three-dimensional flow of power-law fluids in a driven cube

NASA Astrophysics Data System (ADS)

Jin, K.; Vanka, S. P.; Agarwal, R. K.; Thomas, B. G.

2017-01-01

Newtonian fluid flow in two- and three-dimensional cavities with a moving wall has been studied extensively in a number of previous works. However, relatively a fewer number of studies have considered the motion of non-Newtonian fluids such as shear thinning and shear thickening power law fluids. In this paper, we have simulated the three-dimensional, non-Newtonian flow of a power law fluid in a cubic cavity driven by shear from the top wall. We have used an in-house developed fractional step code, implemented on a Graphics Processor Unit. Three Reynolds numbers have been studied with power law index set to 0.5, 1.0 and 1.5. The flow patterns, viscosity distributions and velocity profiles are presented for Reynolds numbers of 100, 400 and 1000. All three Reynolds numbers are found to yield steady state flows. Tabulated values of velocity are given for the nine cases studied, including the Newtonian cases.

Adaptive Control in the Presence of Simultaneous Sensor Bias and Actuator Failures

NASA Technical Reports Server (NTRS)

Joshi, Suresh M.

2012-01-01

The problem of simultaneously accommodating unknown sensor biases and unknown actuator failures in uncertain systems is considered in a direct model reference adaptive control (MRAC) setting for state tracking using state feedback. Sensor biases and actuator faults may be present at the outset or may occur at unknown instants of time during operation. A modified MRAC law is proposed, which combines sensor bias estimation with control gain adaptation for accommodation of sensor biases and actuator failures. This control law is shown to provide signal boundedness in the resulting system. For the case when an external asymptotically stable sensor bias estimator is available, an MRAC law is developed to accomplish asymptotic state tracking and signal boundedness. For a special case wherein biases are only present in the rate measurements and bias-free position measurements are available, an MRAC law is developed using a model-independent bias estimator, and is shown to provide asymptotic state tracking with signal boundedness.

PubMed Central

Voultsos, P.; Casini, M.; Ricci, G.; Tambone, V.; Spagnolo, A.G.

2017-01-01

SUMMARY The aim of the present study is to propose legal reform limiting surgeons' criminal liability in high-accuracy and high-risk surgery such as endoscopic sinus surgery (ESS). The study includes a review of the medical literature, focusing on identifying and examining reasons why ESS carries a very high risk of serious complications related to inaccurate surgical manoeuvers and reviewing British and Italian legal theory and case-law on medical negligence, especially with regard to Italian Law 189/2012 (so called "Balduzzi" Law). It was found that serious complications due to inaccurate surgical manoeuvers may occur in ESS regardless of the skill, experience and prudence/diligence of the surgeon. Subjectivity should be essential to medical negligence, especially regarding high-accuracy surgery. Italian Law 189/2012 represents a good basis for the limitation of criminal liability resulting from inaccurate manoeuvres in high-accuracy surgery such as ESS. It is concluded that ESS surgeons should be relieved of criminal liability in cases of simple/ordinary negligence where guidelines have been observed. PMID:28374874

The first-digit frequencies in data of turbulent flows

NASA Astrophysics Data System (ADS)

Biau, Damien

2015-12-01

Considering the first significant digits (noted d) in data sets of dissipation for turbulent flows, the probability to find a given number (d = 1 or 2 or …9) would be 1/9 for a uniform distribution. Instead the probability closely follows Newcomb-Benford's law, namely P(d) = log(1 + 1 / d) . The discrepancies between Newcomb-Benford's law and first-digits frequencies in turbulent data are analysed through Shannon's entropy. The data sets are obtained with direct numerical simulations for two types of fluid flow: an isotropic case initialized with a Taylor-Green vortex and a channel flow. Results are in agreement with Newcomb-Benford's law in nearly homogeneous cases and the discrepancies are related to intermittent events. Thus the scale invariance for the first significant digits, which supports Newcomb-Benford's law, seems to be related to an equilibrium turbulent state, namely with a significant inertial range. A matlab/octave program provided in appendix is such that part of the presented results can easily be replicated.

Software Piracy in Research: A Moral Analysis.

PubMed

Santillanes, Gary; Felder, Ryan Marshall

2015-08-01

Researchers in virtually every discipline rely on sophisticated proprietary software for their work. However, some researchers are unable to afford the licenses and instead procure the software illegally. We discuss the prohibition of software piracy by intellectual property laws, and argue that the moral basis for the copyright law offers the possibility of cases where software piracy may be morally justified. The ethics codes that scientific institutions abide by are informed by a rule-consequentialist logic: by preserving personal rights to authored works, people able to do so will be incentivized to create. By showing that the law has this rule-consequentialist grounding, we suggest that scientists who blindly adopt their institutional ethics codes will commit themselves to accepting that software piracy could be morally justified, in some cases. We hope that this conclusion will spark debate over important tensions between ethics codes, copyright law, and the underlying moral basis for these regulations. We conclude by offering practical solutions (other than piracy) for researchers.

Court Decisions on Medical Malpractice in China After the New Tort Liability Law.

PubMed

Zhang, Kui; Li, Yuan; Fan, Fei; Liu, Xin; Deng, Zhen-Hua

2016-09-01

A new Tort Law of the People's Republic of China became effective on July 1, 2010. We undertook an analysis of medical malpractice lawsuits brought before regional courts in Beijing districts after this new Tort Liability Law went into effect. In total, 726 cases eventuating in a final verdict were collected from the Beijing district courts from 2011 to 2013 in this retrospective study; 83.7% of the 726 alleged instances of medical malpractice were confirmed to be malpractice by the final verdict. The disciplines most frequently involved with claims of medical malpractice were obstetrics and gynecology, the most frequent outcomes was death, and the most common types of case associated with malpractice was surgery related. The average length of time between the occurrence of the injury and closure of the claim was 9.2 months, and the average payment was ¥163,000. Since the introduction of the new Tort Liability Law, the average time to complete a litigation was shortened, but it has made little apparent difference otherwise.

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.

[Medical Devices Law for pain therapists].

PubMed

Regner, M; Sabatowski, R

2016-08-01

Medical Devices Law is a relatively new legal system, which has replaced the Medical Devices Regulations still well-known in Germany. German Medical Devices Law is based on European directives, which are, in turn, incorporated into national law by the Medical Devices Act. The Medical Devices Act is a framework law and covers a number of regulations that address specific topics within Medical Devices Law. In turn, in individual regulations, reference is made to guidelines, recommendations, etc. from other sources that provide detailed technical information on specific topics. Medical Devices Law is a very complex legal system, which needs to be permanently observed due to constant updating and adjustment. In the current article, the design and the structure of the system will be described, but special emphasis will be laid on important problem areas that need to be considered when applying and operating medical products, in this case by pain therapists in particular.

Development of guidance laws for a variable-speed missile

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

Gazit, R.; Gutman, S.

1991-05-01

The most used guidance law for short-range homing missiles is proportional navigation (PN). In PN, the acceleration command is proportional to the line-of-sight (LOS) angular velocity. Indeed, if a missile and a target move on a collision course with constant speeds, the LOS rate is zero. The speed of a highly maneuverable modern missile varies considerably during flight. The performance of PN is far from being satisfactory in that case. In this article the collision course for a variable-speed missile is analyzed and a guidance law that steers the heading of the missile to the collision course is defined. Guidancemore » laws based on optimal control and differential game formulations are developed, and note that both optimal laws coincide with the Guidance to Collision law at impact. The performance improvement of the missile using the new guidance law as compared to PN is demonstrated. 19 refs.« less

Hart-Devlin revisited: law, morality and consent in parenthood.

PubMed

Moss, Kate; Hughes, Rowland

2011-04-01

The debate about law and morality is not new but changing social structures and advances in science, medicine and technology have impacted the decisions courts have to make. Within the fast-changing societies of the 21st century, is judicial decision-making cognisant of these advances and how do the judiciary currently reconcile difficult emergent issues concerning law, science and morality? The dilemma of decision-making regarding frozen embryos, the gametes of deceased donors and the issue of consent is analysed by reference to recent case law and the problem of decision-making in relation to the newly possible.

Threshold law for positron-atom impact ionisation

NASA Technical Reports Server (NTRS)

Temkin, A.

1982-01-01

The threshold law for ionisation of atoms by positron impact is adduced in analogy with our approach to the electron-atom ionization. It is concluded the Coulomb-dipole region of the potential gives the essential part of the interaction in both cases and leads to the same kind of result: a modulated linear law. An additional process which enters positron ionization is positronium formation in the continuum, but that will not dominate the threshold yield. The result is in sharp contrast to the positron threshold law as recently derived by Klar on the basis of a Wannier-type analysis.

Double-winding Wilson loops in SU(N) Yang-Mills theory - A criterion for testing the confinement models -

NASA Astrophysics Data System (ADS)

Matsudo, Ryutaro; Kondo, Kei-Ichi; Shibata, Akihiro

2018-03-01

We examine how the average of double-winding Wilson loops depends on the number of color N in the SU(N) Yang-Mills theory. In the case where the two loops C1 and C2 are identical, we derive the exact operator relation which relates the doublewinding Wilson loop operator in the fundamental representation to that in the higher dimensional representations depending on N. By taking the average of the relation, we find that the difference-of-areas law for the area law falloff recently claimed for N = 2 is excluded for N ⩾ 3, provided that the string tension obeys the Casimir scaling for the higher representations. In the case where the two loops are distinct, we argue that the area law follows a novel law (N - 3)A1/(N - 1) + A2 with A1 and A2(A1 < A2) being the minimal areas spanned respectively by the loops C1 and C2, which is neither sum-ofareas (A1 + A2) nor difference-of-areas (A2 - A1) law when (N ⩾ 3). Indeed, this behavior can be confirmed in the two-dimensional SU(N) Yang-Mills theory exactly.

A blow to gender equality. Supreme Court judgement on Manushi's case on women's land rights.

PubMed

Reddy, V

1999-01-01

Many scholars take the view that personal laws of various communities are not subject to the constitution. Thus, the constitutional mandate of gender equality, which is to be found in articles 14 and 15 of the constitution, need not be taken into account by community-determined personal laws. The effect of such reasoning is that personal laws are given a free hand to discriminate against women. In the case of Madhu Kishwar against State of Bihar, the Apex Court decision caused a good deal of confusion on this aspect. A three-judge bench considered sections 7 and 8 of the Chotanagpur Tenancy Act, which is applicable to the Scheduled Tribes in Bihar and denies the right of succession to females in favor of males, as constitutional. This decision implies that general principles of equality as laid down in other succession laws cannot be applied to the laws of tribals. In addition, it reflects the general reluctance to let women be economically independent. However, it is proved that the decision is not in accordance with the constitution, making it clear that tribal women are entitled to equal succession rights, as are all women in India.

Changing laws on medical assistance in dying: Implications for critical care nurses.

PubMed

Edwards, Marie

2016-10-01

In February 2015, the Supreme Court of Canada released its decision in the Carter v. Canada (Attorney General) case, declaring section 241(b) and section 14 of the Criminal Code invalid, and granting a one-year suspension on that declaration to enable the Parliament of Canada to respond. In June 2016, Bill C-14: An Act to Amend the Criminal Code and Make Related Amendments to Other Acts (Medical Assistance in Dying) was passed after much debate in the House of Commons and Senate of Canada. Brief summaries of the Carter v. Canada case and the new federal law are provided and questions regarding medical assistance in dying are explored. The implications of the case and the new law for critical care nurses are also examined, including the need for nurses to attend to legislative changes, the need for education about the roles of nurses in medical assistance in dying, particularly what can be learned from other jurisdictions, and the importance of understanding the concept of conscientious objection.

The first welfare case: money, sex, marriage, and white supremacy in Selma, 1966: a reproductive justice analysis.

PubMed

Solinger, Rickie

2010-01-01

King v. Smith, the first welfare case heard by the U.S. Supreme Court, overturned the Alabama substitute father law. Such laws directed or allowed welfare officials to use the sexual behavior and reproductive capacity of poor African American women to alienate this population from "cash-money"; to reassert political and bureaucratic control over the intimate relationships of African Americans, demonstrating that this population was unprepared for civil rights and full citizenship; and to shore up white supremacy in the civil rights era. The context for this case which originated in Selma, Alabama in 1966 illustrates that even if poor African American women had had access to contraception and legal abortion at that time, they would still have lacked reproductive autonomy and dignity as the state surveilled their sexual behavior and enforced laws making sex, itself, as well as reproduction, and the right to define their own intimate relationships and families, a race and class privilege.

Case Citations 1991. Eleventh Series.

ERIC Educational Resources Information Center

Sharp, Linda A., Ed.

Case citations from five legal areas--college students, liability on campus, sport law, employment, and employment discrimination--are presented in this document. Each section offers brief summaries of cases and concludes with a table of cases. The first section on college students examines litigation involving student finances, disciplinary…

[Mentally ill and dangerous: civil commitment or internment? The Belgian judicial framework].

PubMed

Smets, H; Verelst, R; Vandenberghe, J

2009-01-01

There are two important Belgian laws referring to psychiatric disturbances that may prove dangerous. The Civil Code includes the law relating to the protection of the mentally ill person, dated 26th June 1990, better known as the law of civil commitment of the mentally ill. Since April, 2007, the Penal Code has contained a new law on the internment of people with a psychiatric disorder; this new law replaces the old law of the 1st July, 1964, meant to protect the society. Although the two laws apply to different fields, in clinical practice there are sometimes 'grey areas' where it is not immediately evident which legal framework is applicable. Starting from a case study in which the civil judge ordered the civil commitment of a detainee, we explore these 'grey areas' and compare the two legal frameworks. We base our study on the new law on internment, clarify it and sketch the legal history of internment in Belgium.

Thermodynamics in Context: A Case Study of Contextualized Teaching for Undergraduates

ERIC Educational Resources Information Center

Holman, John; Pilling, Gwen

2004-01-01

Chemical thermodynamics that is often considered abstract and demanding could be made more accessible by taking a contextualized approach. The trial of a course designed for chemistry majors dealing with gas laws and the first law of thermodynamics in the existing course are illustrated.

45 CFR 164.412 - Law enforcement delay.

Code of Federal Regulations, 2013 CFR

2013-10-01

... 45 Public Welfare 1 2013-10-01 2013-10-01 false Law enforcement delay. 164.412 Section 164.412 Public Welfare DEPARTMENT OF HEALTH AND HUMAN SERVICES ADMINISTRATIVE DATA STANDARDS AND RELATED REQUIREMENTS SECURITY AND PRIVACY Notification in the Case of Breach of Unsecured Protected Health Information...

45 CFR 164.412 - Law enforcement delay.

Code of Federal Regulations, 2012 CFR

2012-10-01

... 45 Public Welfare 1 2012-10-01 2012-10-01 false Law enforcement delay. 164.412 Section 164.412 Public Welfare DEPARTMENT OF HEALTH AND HUMAN SERVICES ADMINISTRATIVE DATA STANDARDS AND RELATED REQUIREMENTS SECURITY AND PRIVACY Notification in the Case of Breach of Unsecured Protected Health Information...

The Consumer Protection Clinical Course at UCLA School of Law

ERIC Educational Resources Information Center

Bergman, Paul

1978-01-01

The Consumer Protection clinical course, in which case supervision is provided by government agency personnel, is described. Implications are considered regarding the necessity and emphasis of a seminar component, and the usefulness of clinical courses in teaching substantive law as well as lawyering skills. (LBH)

45 CFR 164.412 - Law enforcement delay.

Code of Federal Regulations, 2014 CFR

2014-10-01

... 45 Public Welfare 1 2014-10-01 2014-10-01 false Law enforcement delay. 164.412 Section 164.412 Public Welfare Department of Health and Human Services ADMINISTRATIVE DATA STANDARDS AND RELATED REQUIREMENTS SECURITY AND PRIVACY Notification in the Case of Breach of Unsecured Protected Health Information...

45 CFR 164.412 - Law enforcement delay.

Code of Federal Regulations, 2011 CFR

2011-10-01

... 45 Public Welfare 1 2011-10-01 2011-10-01 false Law enforcement delay. 164.412 Section 164.412 Public Welfare DEPARTMENT OF HEALTH AND HUMAN SERVICES ADMINISTRATIVE DATA STANDARDS AND RELATED REQUIREMENTS SECURITY AND PRIVACY Notification in the Case of Breach of Unsecured Protected Health Information...

8 CFR 1274a.1 - Employer requirements.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 1274a.1 Aliens and Nationality EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE... proceedings. The procedures for hearings before an administrative law judge relating to civil penalties sought... administrative law judge and, to the extent relevant, to cases before an immigration judge or the Board of...

Estimated medical cost savings in Massachusetts by implementation of a primary seat belt law

DOT National Transportation Integrated Search

2008-12-01

This report examines 2006 hospital discharge data reporting cases where the external cause of injury to a vehicle occupant was a motor vehicle crash to predict the estimated savings to Massachusetts if a primary seat belt law is implemented. The savi...

The Law of Higher Education and the Courts: 1994 in Review.

ERIC Educational Resources Information Center

Robinson, John H.; Pieronek, Catherine

1996-01-01

The review of 1994 judicial pronouncements on the law of higher education reports on and discusses cases addressing the First Amendment, invasion of privacy, tort liability, immunities, civil procedure, access to records and meetings, funding, employment, disciplinary decision, discrimination against students, intercollegiate athletics, and…

12 CFR 313.40 - Scope.

Code of Federal Regulations, 2010 CFR

2010-01-01

... FEDERAL DEPOSIT INSURANCE CORPORATION PROCEDURE AND RULES OF PRACTICE PROCEDURES FOR CORPORATE DEBT... arising under the Internal Revenue Code, the tariff laws of the United States or to any case where... any way questioning the amount or validity of a debt, in the manner specified by law or these agency...

How Is the Ideal Gas Law Explanatory?

ERIC Educational Resources Information Center

Woody, Andrea I.

2013-01-01

Using the ideal gas law as a comparative example, this essay reviews contemporary research in philosophy of science concerning scientific explanation. It outlines the inferential, causal, unification, and erotetic conceptions of explanation and discusses an alternative project, the functional perspective. In each case, the aim is to highlight…

Disciplining Students with Emotional and Behavioral Disorders: A Legal Update.

ERIC Educational Resources Information Center

Yell, Mitchell L.; And Others

1995-01-01

This article explicates the current legislation, case law, and administrative law governing the discipline of students with disabilities. Guidelines are offered that divide disciplinary procedures into three categories: permitted, controlled, and prohibited. The role of the Individualized Education Program team in planning proactive disciplinary…

What Does the Law Say?

ERIC Educational Resources Information Center

Zirkel, Perry A.

2011-01-01

In this article, the author provides legal explanations to the following concerns: (1) case law on specific learning disability (SLD) eligibility; (2) recent developments on response to intervention (RTI); (3) Individuals with Disabilities Education Act (IDEA) rules; and (4) the Free Appropriate Public Education (FAPE) regulation. The author's…

Technology, Disability, and Law: Then and Now

ERIC Educational Resources Information Center

Dalsen, Jennifer

2017-01-01

Disability law and technology services share a rich history. This article investigates this transformative relationship through the contextual framework of the Individuals with Disabilities Education Act. A summary of legal cases, accommodation services, and barriers to access are explored. This includes an overview of the challenges facing…

Dynamics of gas bubble growth in a supersaturated solution with Sievert's solubility law.

PubMed

Gor, G Yu; Kuchma, A E

2009-07-21

This paper presents a theoretical description of diffusion growth of a gas bubble after its nucleation in supersaturated liquid solution. We study systems where gas molecules completely dissociate in the solvent into two parts, thus making Sievert's solubility law valid. We show that the difference between Henry's and Sievert's laws for chemical equilibrium conditions causes the difference in bubble growth dynamics. Assuming that diffusion flux is steady we obtain a differential equation on bubble radius. Bubble dynamics equation is solved analytically for the case of homogeneous nucleation of a bubble, which takes place at a significant pressure drop. We also obtain conditions of diffusion flux steadiness. The fulfillment of these conditions is studied for the case of nucleation of water vapor bubbles in magmatic melts.

AKNS hierarchy, Darboux transformation and conservation laws of the 1D nonautonomous nonlinear Schroedinger equations

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

Zhao Dun; Center for Interdisciplinary Studies, Lanzhou University, Lanzhou 730000; Zhang Yujuan

2011-04-15

By constructing nonisospectral Ablowitz-Kaup-Newell-Segur (AKNS) hierarchy, we investigate the nonautonomous nonlinear Schroedinger (NLS) equations which have been used to describe the Feshbach resonance management in matter-wave solitons in Bose-Einstein condensate and the dispersion and nonlinearity managements for optical solitons. It is found that these equations are some special cases of a new integrable model of nonlocal nonautonomous NLS equations. Based on the Lax pairs, the Darboux transformation and conservation laws are explored. It is shown that the local external potentials would break down the classical infinite number of conservation laws. The result indicates that the integrability of the nonautonomous NLSmore » systems may be nontrivial in comparison to the conventional concept of integrability in the canonical case.« less

Estimation of inlet flow rates for image-based aneurysm CFD models: where and how to begin?

PubMed

Valen-Sendstad, Kristian; Piccinelli, Marina; KrishnankuttyRema, Resmi; Steinman, David A

2015-06-01

Patient-specific flow rates are rarely available for image-based computational fluid dynamics models. Instead, flow rates are often assumed to scale according to the diameters of the arteries of interest. Our goal was to determine how choice of inlet location and scaling law affect such model-based estimation of inflow rates. We focused on 37 internal carotid artery (ICA) aneurysm cases from the Aneurisk cohort. An average ICA flow rate of 245 mL min(-1) was assumed from the literature, and then rescaled for each case according to its inlet diameter squared (assuming a fixed velocity) or cubed (assuming a fixed wall shear stress). Scaling was based on diameters measured at various consistent anatomical locations along the models. Choice of location introduced a modest 17% average uncertainty in model-based flow rate, but within individual cases estimated flow rates could vary by >100 mL min(-1). A square law was found to be more consistent with physiological flow rates than a cube law. Although impact of parent artery truncation on downstream flow patterns is well studied, our study highlights a more insidious and potentially equal impact of truncation site and scaling law on the uncertainty of assumed inlet flow rates and thus, potentially, downstream flow patterns.

Torts.

ERIC Educational Resources Information Center

McCarthy, Martha M.

During 1978, cases pertaining to pupil injuries (mainly involving athletics) and employee injuries under workmen's compensation laws continued to dominate tort litigation in the educational sphere. Several noteworthy cases, however, were rendered in the emerging areas of educational malpractice and constitutional torts. The cases discussed are…

Global trade and assisted reproductive technologies: regulatory challenges in international surrogacy.

PubMed

Nelson, Erin

2013-01-01

International surrogacy is an increasingly common phenomenon and an important global health challenge. Legal rules are a key consideration for the participants in international surrogacy arrangements. In some cases the law can help to resolve the complex issues that arise in this context, but it is important to consider the role played by law in contributing to the complex conflicts that such arrangements can generate. © 2013 American Society of Law, Medicine & Ethics, Inc.

The C130 Hercules Acquisition Program: A Case Study of the Potential Impact of a System Level Warranty Application.

DTIC Science & Technology

1986-09-01

Orfice in the Aeronautical Systems Division, and the Air Force Contract Law Center, provided support that ensured success from the very start. Last, but...76 Recommendations for Future Researcn ........ .. 79 Appendix A: Air Force Contract Law Center Suggested Systems Level Warranty...analysis of the findings was accomplisned by the Air Force Contract Law Center.’ Benefits from applying a system level warranty to the C-hiO were

Application of the Minitrial in Department of Defense Contract Disputes

DTIC Science & Technology

1993-06-01

number of cases. Additionally, the American Bar Association’s Public Contract Law Section reflects this expansion by an increase in membership of over 50...before the BCAs. These approaches had not been previously used in the field of Government contract law and their injection further impeded the CDA’s...for Resolving Disputes Involving Federal Acquisition and Assistance Contracts?" Public Contract Law Journal 38, #2, pp. 66-93. 5. Brett, Jeanne, et al

The NAFTA Effect -- Mexico’s Unfulfilled Dream

DTIC Science & Technology

2011-10-28

and reap the benefits of NAFTA , Mexico will need to become more aggressive in its enforcement of competition and anti-trust laws .30 Having...the courts and rule of law . Mexico’s courts are notoriously unhurried and corrupt. Disastrous to NAFTA aims, few cases end up in court, due to the...any other provision of law , no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a

Jurisdiction and applicable law in cases of damage from space in Europe—The advent of the most suitable choice—Rome II

NASA Astrophysics Data System (ADS)

Smith, Lesley Jane; Doldirina, Catherine

2010-01-01

Liability for space activities is a much discussed subject and the advent of commercial space operations has only added to its importance. Articles VI and VII Outer Space Treaty, together with Articles II and III Liability Convention, remain the main entry level for state liability for damage arising from private space activities. Few space-faring nations have introduced national space statutes that include a flow down of their international obligations. The European Union (EU) Regulation on the law applicable to non-contractual obligations—hereinafter Rome II Regulation—could harbour developments for liability law in the context of damage resulting from space operations. Space activities were not the main focus of the Regulation but may well turn out to be an interesting spin-off. The Regulation prescribes general rules that will determine the law applicable to damage scenarios where more than one legal system applies. It is important for trans-national tort cases in that it does not limit the rules of applicable law to EU Member States only. This paper focuses on the common rules applicable to damage actions based on torts or other non-contractual obligations as they apply to damage caused by space activities. After an assessment of the relevant international and national law norms, the impact of the Rome II Regulation will be addressed.

Thermal transport at the nanoscale: A Fourier's law vs. phonon Boltzmann equation study

NASA Astrophysics Data System (ADS)

Kaiser, J.; Feng, T.; Maassen, J.; Wang, X.; Ruan, X.; Lundstrom, M.

2017-01-01

Steady-state thermal transport in nanostructures with dimensions comparable to the phonon mean-free-path is examined. Both the case of contacts at different temperatures with no internal heat generation and contacts at the same temperature with internal heat generation are considered. Fourier's law results are compared to finite volume method solutions of the phonon Boltzmann equation in the gray approximation. When the boundary conditions are properly specified, results obtained using Fourier's law without modifying the bulk thermal conductivity are in essentially exact quantitative agreement with the phonon Boltzmann equation in the ballistic and diffusive limits. The errors between these two limits are examined in this paper. For the four cases examined, the error in the apparent thermal conductivity as deduced from a correct application of Fourier's law is less than 6%. We also find that the Fourier's law results presented here are nearly identical to those obtained from a widely used ballistic-diffusive approach but analytically much simpler. Although limited to steady-state conditions with spatial variations in one dimension and to a gray model of phonon transport, the results show that Fourier's law can be used for linear transport from the diffusive to the ballistic limit. The results also contribute to an understanding of how heat transport at the nanoscale can be understood in terms of the conceptual framework that has been established for electron transport at the nanoscale.

Modified Van der Waals equation and law of corresponding states

NASA Astrophysics Data System (ADS)

Zhong, Wei; Xiao, Changming; Zhu, Yongkai

2017-04-01

It is well known that the Van der Waals equation is a modification of the ideal gas law, yet it can be used to describe both gas and liquid, and some important messages can be obtained from this state equation. However, the Van der Waals equation is not a precise state equation, and it does not give a good description of the law of corresponding states. In this paper, we expand the Van der Waals equation into its Taylor's series form, and then modify the fourth order expansion by changing the constant Virial coefficients into their analogous ones. Via this way, a more precise result about the law of corresponding states has been obtained, and the law of corresponding states can then be expressed as: in terms of the reduced variables, all fluids should obey the same equation with the analogous Virial coefficients. In addition, the system of 3 He with quantum effects has also been taken into consideration with our modified Van der Waals equation, and it is found that, for a normal system without quantum effect, the modification on ideal gas law from the Van der Waals equation is more significant than the real case, however, for a system with quantum effect, this modification is less significant than the real case, thus a factor is introduced in this paper to weaken or strengthen the modification of the Van der Waals equation, respectively.

Continuous Wheel Momentum Dumping Using Magnetic Torquers and Thrusters

NASA Astrophysics Data System (ADS)

Oh, Hwa-Suk; Choi, Wan-Sik; Eun, Jong-Won

1996-12-01

Two momentum management schemes using magnetic torquers and thrusters are sug-gested. The stability of the momentum dumping logic is proved at a general attitude equilibrium. Both momentum dumping control laws are implemented with Pulse-Width- Pulse-Frequency Modulated on-off control, and shown working equally well with the original continuous and variable strength control law. Thrusters are assummed to be asymmetrically configured as a contingency case. Each thruster is fired following separated control laws rather than paired thrusting. Null torque thrusting control is added on the thrust control calculated from the momentum control law for the gener-ation of positive thrusting force. Both magnetic and thrusting control laws guarantee the momentum dumping, however, the wheel inner loop control is needed for the "wheel speed" dumping, The control laws are simulated on the KOrea Multi-Purpose SATellite (KOMPSAT) model.

When Do Laws Matter? National Minimum-Age-of-Marriage Laws, Child Rights, and Adolescent Fertility, 1989–2007

PubMed Central

Kim, Minzee; Longhofer, Wesley; Boyle, Elizabeth Heger; Nyseth, Hollie

2014-01-01

Using the case of adolescent fertility, we ask the questions of whether and when national laws have an effect on outcomes above and beyond the effects of international law and global organizing. To answer these questions, we utilize a fixed-effect time-series regression model to analyze the impact of minimum-age-of-marriage laws in 115 poor- and middle-income countries from 1989 to 2007. We find that countries with strict laws setting the minimum age of marriage at 18 experienced the most dramatic decline in rates of adolescent fertility. Trends in countries that set this age at 18 but allowed exceptions (for example, marriage with parental consent) were indistinguishable from countries that had no such minimum-age-of-marriage law. Thus, policies that adhere strictly to global norms are more likely to elicit desired outcomes. The article concludes with a discussion of what national law means in a diffuse global system where multiple actors and institutions make the independent effect of law difficult to identify. PMID:25525281

Medical experiments on persons with special needs, a comparative study of Islamic jurisprudence vs. Arab laws: UAE law as case study.

PubMed

Hammad, Hamza Abed Al-Karim

2014-01-01

This article is a comparative study of medical experiments on persons with special needs in Islamic jurisprudence and Arab laws; United Arab Emirates (UAE) law as case study. The current study adopts a comparative analytical and descriptive approach. The conclusion of this study points out that the Convention on the Rights of Persons with Special Needs, ratified by a number of Arab States, including the United Arab Emirates, approves conducting medical experiments on persons with special needs, subject to their free consent. As a result of ratifying this Convention, a number of special laws were enacted to be enforced in the United Arab Emirates. On the other hand, this issue is controversial from an Islamic jurisprudence point of view. One group of jurisprudents permits conducting these experimentations if they are designed to treat the person involved, and prohibits such experimentations for scientific advancement. Other jurisprudents permit conducting medical experimentations on persons with special needs, whether the purpose of such experimentations is treatment of the disabled or achieving scientific advancement. The opinion of this group is consistent with the International Convention and the Arab laws in this respect. However, neither the Convention nor the Arab laws regulate this matter by specific and comprehensive conditions, as addressed by some contemporary scholars. It is recommended that the Convention and the Arab laws adopt these conditions. Additionally, the Convention does not state whether the experimentations may be conducted for the interest of the person with disability or for the purpose of scientific advancement. The text of the Convention is unclear and therefore requires further illumination.

The protein folds as platonic forms: new support for the pre-Darwinian conception of evolution by natural law.

PubMed

Denton, Michael J; Marshall, Craig J; Legge, Michael

2002-12-07

Before the Darwinian revolution many biologists considered organic forms to be determined by natural law like atoms or crystals and therefore necessary, intrinsic and immutable features of the world order, which will occur throughout the cosmos wherever there is life. The search for the natural determinants of organic form-the celebrated "Laws of Form"-was seen as one of the major tasks of biology. After Darwin, this Platonic conception of form was abandoned and natural selection, not natural law, was increasingly seen to be the main, if not the exclusive, determinant of organic form. However, in the case of one class of very important organic forms-the basic protein folds-advances in protein chemistry since the early 1970s have revealed that they represent a finite set of natural forms, determined by a number of generative constructional rules, like those which govern the formation of atoms or crystals, in which functional adaptations are clearly secondary modifications of primary "givens of physics." The folds are evidently determined by natural law, not natural selection, and are "lawful forms" in the Platonic and pre-Darwinian sense of the word, which are bound to occur everywhere in the universe where the same 20 amino acids are used for their construction. We argue that this is a major discovery which has many important implications regarding the origin of proteins, the origin of life and the fundamental nature of organic form. We speculate that it is unlikely that the folds will prove to be the only case in nature where a set of complex organic forms is determined by natural law, and suggest that natural law may have played a far greater role in the origin and evolution of life than is currently assumed.

The effects of driving age, driver education, and curfew laws on traffic fatalities of 15-17 year olds.

PubMed

Levy, D T

1988-12-01

This study examines the effect of state driving age, learning permit, driver's education, and curfew laws on 15-17-year-old driver fatality rates. A multivariate regression model is estimated for 47 states and nine years. The minimum legal driving age and curfew laws are found to be important determinants of fatalities. Driver's education and learning permits have smaller effects. The relationship between rates of licensure and driving age, education, and curfew laws is also examined. In each case, a more restrictive policy is found to reduce licensure of 15-17 year olds. The results suggest that the imposition of curfew laws and higher minimum driving ages are particularly effective traffic safety policies.

Delinquency Cases in Juvenile Court, 2002. OJJDP Fact Sheet #02

ERIC Educational Resources Information Center

Stahl, Anne L.

2006-01-01

This fact sheet presents statistics on delinquency cases processed by juvenile courts in 2002. The number of delinquency cases handled by juvenile courts decreased 11 percent between 1997 and 2002. During this time, the number of person offense cases decreased 2 percent, property offense cases decreased 27 percent, drug law violation cases…

Defamation of and by Principals. A Legal Memorandum.

ERIC Educational Resources Information Center

Zirkel, Perry A.

Defamation is a common-law claim for liability that encompasses "libel," which is the written form, and "slander," which is the oral form. School principals can be plaintiffs or defendants in defamation suits. Relevant case law provides illustrations of the various elements of defamation for both roles of the principal. Court…

IDEA 1997--"Inclusion Is the Law."

ERIC Educational Resources Information Center

Sultana, Qaisar

This paper stresses that the word "inclusion" is not used in the Individuals with Disabilities Education Act (IDEA) and that the law calls for students with disabilities to be provided with a free, appropriate public education in the least restrictive environment. Ten 1997-1999 court cases that address the placement of students with…

The U.S. Army and Doctrine for Weapons of Mass Destruction: Consequence Management Operations.

DTIC Science & Technology

1999-06-04

Forces within section 7 Competency of witnesses 23 Construction Generally 1 With other laws 2 Estoppel 19 Exclusionary rule 22 Execution of laws 8...19. Estoppel Despite ruling in previous case that this section precluded prosecutions under section 231 of this title prohibiting attempts to

Impact of Implementing a Primary Enforcement Seat Belt Law in Florida : A Case Study

DOT National Transportation Integrated Search

2012-08-01

On June 30, 2009, Florida implemented a primary seat belt law. The State was already engaged in a Rural : Demonstration Program (RDP) to increase belt usage in rural areas in the northern part of the State and participated : regularly in annual Click...

Special Education Law Update II.

ERIC Educational Resources Information Center

Zirkel, Perry A.

1991-01-01

An annotated outline provides recent case law in special education since the last update in volume 56 of this journal. Based on the 1990 amendments to the Education of the Handicapped Act (EHA), references are in the form of the acronym for its new title, the Individuals with Disabilities Education Act (IDEA). (MLF)

Federal immunity Law in Higher Education.

ERIC Educational Resources Information Center

Johnsen, Christopher; Todd, James C.

1999-01-01

Monitors and analyzes developments in immunity law in 1998 applicable to higher education. The review suggests that the extent of a plaintiff's constitutional rights and the scope of a public official's qualified immunity depend to a not insignificant degree on which circuit, or even which panel, decides the case. (SLD)

Estimated medical cost savings in New Hampshire by implementation of a primary seat belt law

DOT National Transportation Integrated Search

2008-03-01

This report examines 2005 hospital discharge data reporting cases where the external cause of injury to a vehicle occupant was a motor vehicle crash to predict the estimated savings to the State of New Hampshire if a primary seat belt law is implemen...

32 CFR 635.21 - USACRC control numbers.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 32 National Defense 4 2010-07-01 2010-07-01 true USACRC control numbers. 635.21 Section 635.21 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY (CONTINUED) LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONS LAW ENFORCEMENT REPORTING Offense Reporting § 635.21 USACRC control numbers. (a) Case numbers to support reporting...

Youth and the Law: A Guide for Legislators.

ERIC Educational Resources Information Center

Minnesota House of Representatives, St. Paul. Research Dept.

This document describes Minnesota statutes and cases that provide rights, responsibilities, and protections for young people different from those applicable to adults. It gives legislators an overview of all laws affecting young people, serving as a reference aid for current state policies toward youth. It is basically a state guide, including…

Compulsory Attendance: An Analysis of Litigation

ERIC Educational Resources Information Center

Leddon, Leo Levy, Jr.

2010-01-01

The purpose of this research was to examine court cases dealing with compulsory attendance laws, also known as compulsory education laws, for the purpose of establishing the issues, outcomes, and trends in compulsory attendance litigation. In this manner, school officials could be provided guidance on dealing with issues surrounding the attendance…

Judicial, Legislative, and Administrative Trends Since Lau v. Nichols.

ERIC Educational Resources Information Center

Thomas, Stephen B.

This tenth chapter of a book on school law discusses the "Lau v. Nichols" ruling which held that the San Francisco (California) Unified School District was denying non-English-speaking students the opportunity to obtain an education. Also covered are "Lau's" case law progeny, related federal statutes, and resulting…

Education and the Law of Defamation.

ERIC Educational Resources Information Center

Pyra, Joseph F.

1982-01-01

Summarizes Canadian law pertaining to defamation and looks at educational cases in this area. The definition of defamation is explored generally, then defamation, libel, slander, the importance of publication, and the role of malice are examined. Various defenses available to a defendant in a suit of defamation are studied. (Author/BRR)

Using Controversial Mock Trials in "Psychology and Law" Courses: Suggestions from Participants.

ERIC Educational Resources Information Center

Werth, James L., Jr.; Harvey, James; McNamara, Rebecca; Svoboda, Andrea; Gulbrandson, Raina; Hendren, Jennifer; Greedy, Tiffany; Leybold, Christie

2002-01-01

Describes a mock trial focused on Jack Kevorkian and an euthanasia case that was included in a psychology and law course. Discusses the course format, provides the reactions to the mock trial by students and consultants, and includes suggestions for improving the mock trial. (CMK)

RTI and Other Approaches to SLD Identification under the IDEA: A Legal Update

ERIC Educational Resources Information Center

Zirkel, Perry A.

2017-01-01

This article provides a concise and objective synthesis of the federal legislation, regulations, and agency policy interpretations; state laws; and case law, including hearing officer and complaint investigation decisions, concerning specific learning disability (SLD) identification since the 2006 IDEA regulations. The results reveal wide latitude…

Disciplining Students Receiving Special Education

ERIC Educational Resources Information Center

Gordon, Vincent H. A., Jr.

2017-01-01

A brief synopsis of the legality of disciplining students with special needs in public education is presented. An example of a case study is also presented from the experience of the author demonstrating laws surrounding providing students with a free and public education (FAPE). Examples of the application of the laws protecting students' rights…

Federal Laws: Nondiscrimination and Faculty Employment.

ERIC Educational Resources Information Center

Shulman, Carol Herrnstadt

Federal laws and regulations designed to assure equal employment opportunities have only recently been applied to faculty employment, but they have rapidly become an important issue in higher education. The goal of true equal employment opportunity has been pursued in court cases and legislation for many years, principally in the industrial…

Reagan Judges: Communication Law at Risk?

ERIC Educational Resources Information Center

Kostyu, Paul E.

A study examined the record of President Ronald Reagan's appointees of the District of Columbia Court of Appeals as regards decisions on communication law. One hundred thirty-nine cases--obtained by examining the civil liberties, libel, obscenity, privacy, records, and telecommunications entries of the volume indexes of the Federal Reporter,…

Estimated medical cost savings in Utah by implementation of a primary seat belt law

DOT National Transportation Integrated Search

2010-05-01

This report examines 2007 hospital discharge data reporting cases where the external cause of injury to : a vehicle occupant was a motor vehicle crash to predict the estimated savings to Utah if a primary seat : belt law is implemented. The savings a...

Estimated medical cost savings in Rhode Island by implementation of a primary seat belt law

DOT National Transportation Integrated Search

2008-09-01

This report examines 2006 hospital discharge data reporting cases where the external cause of injury to a vehicle occupant was a motor vehicle crash to predict the estimated savings to Rhode Island if a primary seat belt law is implemented. The savin...

Estimated medical cost savings in Nevada by implementation of a primary seat belt law

DOT National Transportation Integrated Search

2008-09-01

This report examines 2007 hospital discharge data reporting cases where the external cause of injury to a vehicle occupant was a motor vehicle crash to predict the estimated savings to Nevada if a primary seat belt law is implemented. The savings are...

Estimated medical cost savings in Vermont by implementation of a primary seat belt law

DOT National Transportation Integrated Search

2008-09-01

This report examines 2005 hospital discharge data reporting cases where the external cause of injury to a vehicle occupant was a motor vehicle crash to predict the estimated savings to the State of Vermont if a primary seat belt law is implemented. T...

School Law. Trends and Issues.

ERIC Educational Resources Information Center

Goorian, Brad

Four subjects are the focus of this discussion of school law: sexual harassment, the copyright act, school discipline, and religion and the schools. In cases of sexual harassment of students by school personnel, a criterion for determining whether a school is liable involves the standard of "actual knowledge" in which school officials…

A Preventable Tragedy.

ERIC Educational Resources Information Center

Dowling-Sendor, Benjamin

2003-01-01

Discusses the implications of "Niziol," a case in which a Florida high school student was killed in the school parking lot when his gun accidentally discharged. The parents sued the school board in federal district court. The magistrate dismissed all the federal law claims, though she postponed her decision on the state law claims. (MLF)

Law Enforcement Use of Threat Assessments to Predict Violence

ERIC Educational Resources Information Center

Wood, Tracey Michelle

2016-01-01

The purpose of this qualitative, descriptive multiple case study was to explore what process, policies and procedures, or set of empirically supported norms governed law enforcement officers in a selected county in the southwest region of the United States when threat assessments were conducted on potentially violent subjects threatening mass…

The Right to Representation in Immigration Cases

ERIC Educational Resources Information Center

Roberts, Maurice A.

1978-01-01

The alien's right to representation often makes the crucial difference between his being able to remain and being deported. Regulations have been issued as to classes of persons who are authorized to represent the alien. These include attorneys, law students and law graduates, reputable individuals, accredited representatives of recognized…

38 CFR 14.709 - Surety bonds; court-appointed fiduciary.

Code of Federal Regulations, 2010 CFR

2010-07-01

..., where possible under State laws and rules of the court, corporate surety bonds in all court-appointed... procuring a corporate surety bond. Corporate bonds may be required of corporate fiduciaries in accordance with State laws. In cases wherein fiduciaries neglect or refuse to furnish corporate bonds, as...

Gorsuch, the Judicious Judge: A Common-Sense Approach to Education Issues

ERIC Educational Resources Information Center

Bolick, Clint

2017-01-01

This article discusses concerns about how Neil M. Gorsuch, a U.S. Supreme Court nominee, might influence decisions regarding cases involving the appropriate scope of services guaranteed by federal special-education law, government aid to religious institutions providing educational services, and how intellectual property law applies to sports…

Defense Officer Personnel Management Act for Medical Officer Pay and Entitlements

DTIC Science & Technology

1993-03-22

are equitable in nature it is not considered appropriate that the strict legalistic standards of contract law be rigorously applied. It is important...to note that the BCNR panels deciding the cases in question were aware of the established legal standards and principles of contract law , as well

Tenure and Employment Contracts: Evolving Standards for Principals. A Legal Memorandum.

ERIC Educational Resources Information Center

Buckner, Kermit

Decision makers in education frequently identify tenure laws as a barrier to improving student achievement. Many principals believe statutes and case law adequately protect employees, and join others calling for modifications in tenure policies. The inadequate number of qualified applicants for principal positions is a national problem that…

77 FR 60343 - Federal Acquisition Regulation; Positive Law Codification of Title 41

Federal Register 2010, 2011, 2012, 2013, 2014

2012-10-03

... DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Part 53 [FAR Case 2011-018; Docket 2011-0018; Sequence 1] RIN 9000-AM30 Federal Acquisition Regulation; Positive Law Codification of Title 41 Correction In proposed rule document 2012-21874, appearing...

What has Reform of Rape Legislation Wrought?

ERIC Educational Resources Information Center

Loh, Wallace D.

1981-01-01

Compares the impact of common law and reform rape legislation on prosecution based on analysis of 445 forcible and statutory rape cases in King County, Washington. Concludes that the impact of the statutory reform has been mainly symbolic and educative for society at large, rather than instrumental for law enforcement. (Author/MJL)

Alternative Fuels Data Center: Idle Reduction

Science.gov Websites

Cities Annual Petroleum Savings Clean Cities Annual Petroleum Savings Incentive and Law Additions by Fuel /Technology Type Incentive and Law Additions by Fuel/Technology Type Incentive Additions by Policy Type Incentive Additions by Policy Type More Idle Reduction Data | All Maps & Data Case Studies Massachusetts

The effect of gun control laws on hospital admissions for children in the United States.

PubMed

Tashiro, Jun; Lane, Rebecca S; Blass, Lawrence W; Perez, Eduardo A; Sola, Juan E

2016-10-01

Gun control laws vary greatly between states within the United States. We hypothesized that states with strict gun laws have lower mortality and resource utilization rates from pediatric firearms-related injury admissions. Kids' Inpatient Database (1997-2012) was searched for accidental (E922), self-inflicted (E955), assault (E965), legal intervention-related (E970), or undetermined circumstance (E985) firearm injuries. Patients were younger than 20 years and admitted for their injuries. Case incidence trends were examined for the study period. Propensity score-matched analyses were performed using 38 covariates to compare outcomes between states with strict or lenient gun control laws. Overall, 38,424 cases were identified, with an overall mortality of 7%. Firearm injuries were most commonly assault (64%), followed by accidental (25%), undetermined circumstance (7%), or self-inflicted (3%). A small minority involved military-grade weapons (0.2%). Most cases occurred in lenient gun control states (48%), followed by strict (47%) and neutral (6%).On 1:1 propensity score-matched analysis, in-hospital mortality by case was higher in lenient (7.5%) versus strict (6.5%) states, p = 0.013. Lenient states had a proportionally higher rate of accidental (31%) and self-inflicted injury (4%) versus strict states (17% and 1.6%, respectively), p < 0.001. Assault-related injuries were proportionally lower in lenient (54%) versus strict (75%) states, p < 0.001. Military-grade weapons were more common in lenient (0.4%) versus strict (0.1%) states, p = 0.001. These findings highlight the importance of legislative measures and their role in injury prevention, as firearm injuries are entirely avoidable mechanisms of injury. Lenient gun control contributes not only to worse outcomes per case, but also to a more significant and detrimental impact on public health. Epidemiologic study, level III.

Human Rights and the Excess of Identity

PubMed Central

Al Tamimi, Yussef

2017-01-01

Identity is a central theme in contemporary politics, but legal academia lacks a rigorous analysis of this concept. The aim of this article is twofold: (i) firstly, it aims to reveal presumptions on identity in human rights law by mapping how the European Court of Human Rights approaches identity and (ii) secondly, it seeks to analyse these presumptions using theoretical insights on identity. By merging legal and theoretical analysis, this article contributes a reading of the Court’s case law which suggests that the tension between the political and apolitical is visible as a common thread in the Court’s use of identity. In case law concerning paternity, the Court appears to hold a specific view of what is presented as an unquestionable part of identity. This ostensibly pre-political notion of identity becomes untenable in cases where the nature of an identity feature, such as the headscarf, is contended or a minority has adopted a national identity that conflicts with the majoritarian national identity. The Court’s approach to identity in such cases reflects a paradox that is inherent to identity; identity is personal while simultaneously constituted and shaped by overarching power mechanisms. PMID:29881144

Abusive head trauma in Maine infants: medical, child protective, and law enforcement analysis.

PubMed

Ricci, Lawrence; Giantris, Amy; Merriam, Phyllis; Hodge, Sandra; Doyle, Tim

2003-03-01

To collect and compare the results of medical, child protective, and law enforcement evaluation of a sample of Maine children who were victims of abusive head trauma (AHT) in order to describe the clinical and evaluative characteristics as they relate to victims, families and perpetrators of such trauma and to improve the professional response to AHT in Maine. Retrospective chart review of medical, child protective, and law enforcement records of all AHT victims admitted to two tertiary care hospitals in Maine or seen by the state medical examiner from 1991 to 1994. Nineteen children (age range 2 weeks to 17 months) were identified as victims of AHT (out of a total of 94 head trauma admissions) accounting for 20 hospitalizations during the study period. There was a history of prior injury in 30%, history of prior medical evaluations for possibly abuse related problems in 65%, while, on presentation, 75% had evidence or history of prior injury. The hospitals notified child protective services (CPS) in all 20 cases and correctly identified abuse in 18 (90%). Parental risk factors for abuse identified in CPS records included substance abuse (53%), domestic violence (42%), criminal history (32%), unrealistic expectations (42%), and attachment problems (32%). However, risk factors were inadequately assessed in 53% of homes. Law enforcement identified a likely perpetrator in 79% of cases and in the majority the identified suspect was the father. In the 15 cases where a perpetrator was identified by law enforcement, that person was alone with the child at symptom onset in 14 (93%). The medical response, at least at the inpatient level, was generally well done with regard to suspicion and reporting. Cases are possibly being missed at the outpatient level. Child protective risk assessment was limited overall yet in a third of the homes where AHT occurred, few if any risk factors were present to aid in identification and prevention. Law enforcement results suggest that a primary suspect for AHT is the caretaker alone with the child at the time of symptom onset.

The role and reliability of the Psychopathy Checklist-Revised in U.S. sexually violent predator evaluations: a case law survey.

PubMed

DeMatteo, David; Edens, John F; Galloway, Meghann; Cox, Jennifer; Smith, Shannon Toney; Formon, Dana

2014-06-01

The civil commitment of offenders as sexually violent predators (SVPs) is a highly contentious area of U.S. mental health law. The Psychopathy Checklist-Revised (PCL-R) is frequently used in mental health evaluations in these cases to aid legal decision making. Although generally perceived to be a useful assessment tool in applied settings, recent research has raised questions about the reliability of PCL-R scores in SVP cases. In this report, we review the use of the PCL-R in SVP trials identified as part of a larger project investigating its role in U.S. case law. After presenting data on how the PCL-R is used in SVP cases, we examine the reliability of scores reported in these cases. We located 214 cases involving the PCL-R, 88 of which included an actual score and 29 of which included multiple scores. In the 29 cases with multiple scores, the intraclass correlation coefficient for a single evaluator for the PCL-R scores was only .58, and only 41.4% of the difference scores were within 1 standard error of measurement unit. The average score reported by prosecution experts was significantly higher than the average score reported by defense-retained experts, and prosecution experts reported PCL-R scores of 30 or above in nearly 50% of the cases, compared with less than 10% of the cases for defense witnesses (κ = .29). In conjunction with other recently published findings demonstrating the unreliability of PCL-R scores in applied settings, our results raise questions as to whether this instrument should be admitted into SVP proceedings.

A classification of event sequences in the influence network

NASA Astrophysics Data System (ADS)

Walsh, James Lyons; Knuth, Kevin H.

2017-06-01

We build on the classification in [1] of event sequences in the influence network as respecting collinearity or not, so as to determine in future work what phenomena arise in each case. Collinearity enables each observer to uniquely associate each particle event of influencing with one of the observer's own events, even in the case of events of influencing the other observer. We further classify events as to whether they are spacetime events that obey in the fine-grained case the coarse-grained conditions of [2], finding that Newton's First and Second Laws of motion are obeyed at spacetime events. A proof of Newton's Third Law under particular circumstances is also presented.

A right to die? Euthanasia and the law in Australia.

PubMed

Bartels, Lorana; Otlowski, Margaret

2010-02-01

This article examines the legal regulation of active voluntary euthanasia and assisted suicide in Australia. The Dying with Dignity Bill 2009 (Tas), which was recently defeated by the Tasmanian Parliament, is discussed, as well as other jurisdictions' past and present legislative developments in this context. The recent case law is also considered to ascertain how "mercy killing" or assisted suicide cases are dealt with by the criminal justice system, with particular reference to the case of R v Justins [2008] NSWSC 1194. This is followed by a critical evaluation of the key arguments for and against euthanasia. The article concludes by examining the significance of the Tasmanian Bill and the implications of such legislation.

Alcohol, duty-of-care and common law--where do the consequences of drunken behaviour lie?

PubMed

Brett, Francesca; Tormey, William

2014-09-01

Legal issues around the duty of care in common law with regard to addictive legal drugs are evolving. Two recent cases came before the Irish courts dealing with the issue of duty of care of alcohol suppliers to intoxicated individuals. In both cases the intoxication was self-induced and the consequences were lethal. The juxtaposition of personal autonomy and duty of care cannot ignore personal responsibility. Do we need protection from ourselves? © The Author(s) 2014 Reprints and permissions: sagepub.co.uk/journalsPermissions.nav.

Geometry of Conservation Laws for a Class of Parabolic Partial Differential Equations

NASA Astrophysics Data System (ADS)

Clelland, Jeanne Nielsen

1996-08-01

I consider the problem of computing the space of conservation laws for a second-order, parabolic partial differential equation for one function of three independent variables. The PDE is formulated as an exterior differential system {cal I} on a 12 -manifold M, and its conservation laws are identified with the vector space of closed 3-forms in the infinite prolongation of {cal I} modulo the so -called "trivial" conservation laws. I use the tools of exterior differential systems and Cartan's method of equivalence to study the structure of the space of conservation laws. My main result is:. Theorem. Any conservation law for a second-order, parabolic PDE for one function of three independent variables can be represented by a closed 3-form in the differential ideal {cal I} on the original 12-manifold M. I show that if a nontrivial conservation law exists, then {cal I} has a deprolongation to an equivalent system {cal J} on a 7-manifold N, and any conservation law for {cal I} can be expressed as a closed 3-form on N which lies in {cal J}. Furthermore, any such system in the real analytic category is locally equivalent to a system generated by a (parabolic) equation of the formA(u _{xx}u_{yy}-u_sp {xy}{2}) + B_1u_{xx }+2B_2u_{xy} +B_3u_ {yy}+C=0crwhere A, B_{i}, C are functions of x, y, t, u, u_{x}, u _{y}, u_{t}. I compute the space of conservation laws for several examples, and I begin the process of analyzing the general case using Cartan's method of equivalence. I show that the non-linearizable equation u_{t} = {1over2}e ^{-u}(u_{xx}+u_ {yy})has an infinite-dimensional space of conservation laws. This stands in contrast to the two-variable case, for which Bryant and Griffiths showed that any equation whose space of conservation laws has dimension 4 or more is locally equivalent to a linear equation, i.e., is linearizable.

Limits of imagination: the 150th Anniversary of Mendel's Laws, and why Mendel failed to see the importance of his discovery for Darwin's theory of evolution.

PubMed

Singh, Rama S

2015-09-01

Mendel is credited for discovering Laws of Heredity, but his work has come under criticism on three grounds: for possible falsification of data to fit his expectations, for getting undue credit for the laws of heredity without having ideas of segregation and independent assortment, and for being interested in the development of hybrids rather than in the laws of heredity. I present a brief review of these criticisms and conclude that Mendel deserved to be called the father of genetics even if he may not, and most likely did not, have clear ideas of segregation and particulate determiners as we know them now. I argue that neither Mendel understood the evolutionary significance of his findings for the problem of genetic variation, nor would Darwin have understood their significance had he read Mendel's paper. I argue that the limits to imagination, in both cases, came from their mental framework being shaped by existing paradigms-blending inheritance in the case of Darwin, hybrid development in the case of Mendel. Like Einstein, Darwin's natural selection was deterministic; like Niels Bohr, Mendel's Laws were probabilistic-based on random segregation of trait-determining "factors". Unlike Einstein who understood quantum mechanics, Darwin would have been at a loss with Mendel's paper with no guide to turn to. Geniuses in their imaginations are like heat-seeking missiles locked-in with their targets of deep interests and they generally see things in one dimension only. Imagination has limits; unaided imagination is like a bird without wings--it goes nowhere.

The influence of the law on patient's rights on the practice of the Flemish paediatricians anno 2010.

PubMed

Deneyer, M; Marchand, J; Buy, R; Michel, L; Holsters, D; Vandenplas, Y

2012-01-01

The law on patients' rights in Belgium was issued in 2002. The new legal framework recommends the establishment of a true dialogue between physician and patient, and it assigns decisive priority to the adolescent rather than to the physician or his parents. The purpose of this study is to map the current interpretation of the paediatrician and the realisation of the law in practice. The answers of 117 Flemish paediatricians to an anonymous questionnaire were analyzed. Only 7.8% of the paediatricians state that they know the law well. 15.5% experience the law as a burden. 20.9% have adopted a different attitude when rendering care to adolescents under impulse of this law. 6.2% say they do not strictly follow the law. 27.8% think that the emancipating thought is too far-reaching. Most paediatricians apply protocols to interpret the traditional values that are stamped as being good medical practice: high quality care (81%), free patient's choice (70.7%), adequate pain control (77.4%). On the other hand paediatricans seldom dispose of procedures regarding the more emancipated amenities in the law such as obtaining informed consent (16.4%), access to the medical file (24.8%) and safe-guarding the privacy (13%). In practice most of the physicians offer the possibility of a free choice in 80% of the cases. All questioned physicians strive for a high quality care, for adequate pain control and for a careful maintained medical file. 79.1% of the physicians transfer to the parents all medical information regarding the adolescent. Proper experience and expertise (80.7%), case by case completed, are most often used as the basis for the judgment about the competence of the adolescent. From the patient's side, little advance is taken to exercise his own rights. Barely 1% of the adolescents consulting a paediatrician use their legal right to autonomously consent to a medical intervention. In barely 0.16% access is requested to the medical file. Practically no complaints are received regarding the law on patients' rights (0.1% in intramural setting, versus 0.001% extramural). The law on patients' rights is, after 8 years of issuance, badly penetrated in the paediatric practice. On the one hand this is due to a poor knowledge of the law as well from the side of the physician as from the side of the adolescent and/or his parents. On the other hand 42.2% of the paediatricians experience difficulties with the practical interpretation of the law because of the lack of applicable guidelines. An important obstacle is the fact that more than a quarter of the paediatricians do not agree with the in the law foreseen autonomy of the adolescents. For that reason, paediatricians urgently need to be instructed in these matters. It is the moral duty of the Society of Paediatrics to organize workshops on these matters and develop clear guidelines concerning this law. Proper application of the legal context, the handling of the watertight procedures and the necessary communication in this respect is indispensable for the confidence and will lower the barrier for adolescents to use the healthcare system.

Entropy bounds, acceleration radiation, and the generalized second law

NASA Astrophysics Data System (ADS)

Unruh, William G.; Wald, Robert M.

1983-05-01

We calculate the net change in generalized entropy occurring when one attempts to empty the contents of a thin box into a black hole in the manner proposed recently by Bekenstein. The case of a "thick" box also is treated. It is shown that, as in our previous analysis, the effects of acceleration radiation prevent a violation of the generalized second law of thermodynamics. Thus, in this example, the validity of the generalized second law is shown to rest only on the validity of the ordinary second law and the existence of acceleration radiation. No additional assumptions concerning entropy bounds on the contents of the box need to be made.

Scaling laws for coastal overwash morphology

NASA Astrophysics Data System (ADS)

Lazarus, Eli D.

2016-12-01

Overwash is a physical process of coastal sediment transport driven by storm events and is essential to landscape resilience in low-lying barrier environments. This work establishes a comprehensive set of scaling laws for overwash morphology: unifying quantitative descriptions with which to compare overwash features by their morphological attributes across case examples. Such scaling laws also help relate overwash features to other morphodynamic phenomena. Here morphometric data from a physical experiment are compared with data from natural examples of overwash features. The resulting scaling relationships indicate scale invariance spanning several orders of magnitude. Furthermore, these new relationships for overwash morphology align with classic scaling laws for fluvial drainages and alluvial fans.

The convergence of spectral methods for nonlinear conservation laws

NASA Technical Reports Server (NTRS)

Tadmor, Eitan

1987-01-01

The convergence of the Fourier method for scalar nonlinear conservation laws which exhibit spontaneous shock discontinuities is discussed. Numerical tests indicate that the convergence may (and in fact in some cases must) fail, with or without post-processing of the numerical solution. Instead, a new kind of spectrally accurate vanishing viscosity is introduced to augment the Fourier approximation of such nonlinear conservation laws. Using compensated compactness arguments, it is shown that this spectral viscosity prevents oscillations, and convergence to the unique entropy solution follows.

Developments in medical law in the United Kingdom in 2005 and 2006.

PubMed

Gertz, Renate; Harmon, Shawn; Laurie, Graeme; Pradella, Geoff

2006-06-01

This article highlights and summarises the key developments in medical law in the jurisdictions of the United Kingdom in 2005 and to April 2006. Topics are mental health and mental capacity, data protection, freedom of information and the impact on health data, the Human Tissue Act, genetic research databanks, Human Fertilisation and Embryology Act--Review of the legislation, consultations and related case law, developments in embryo and embryonic stem cell research, clinical trials and human subject research, medical futility, and physician assisted dying.

Case Study of the Application of the Weapon System Warranty on the C-130 Program.

DTIC Science & Technology

1986-09-01

31 Appendix A: Air Force Contract Law Center Suggested Systems Level Warranty Clauses . . . . . 33 Appendix B: Original C-130 Warranty ClauseCs...avoidance and still protect the government’s interest can work. vii This study recommends that the Department of Defense use the Air Force Contract Law Center’s...would have had the potential For allowing Lockheed to void a system level warranty had one been in effect such as the Air Force Contract Law Center’s

Corrosion-Fatigue Crack Growth in Plates: A Model Based on the Paris Law

PubMed Central

Toribio, Jesús; Matos, Juan-Carlos; González, Beatriz

2017-01-01

In this paper, a Paris law-based model is presented whereby crack propagation occurs under cyclic loading in air (fatigue) and in an aggressive environment (corrosion-fatigue) for the case of corner cracks (with a wide range of aspect ratios in the matter of the initial cracks) in finite-thickness plates of 316L austenitic stainless steel subjected to tension, bending, or combined (tension + bending) loading. Results show that the cracks tend during their growth towards a preferential propagation path, exhibiting aspect ratios slightly lower than unity only for the case of very shallow cracks, and diminishing as the crack grows (increasing the relative crack depth)—more intensely in the case of bending than in the case of tension (the mixed loading tension/bending representing an intermediate case). In addition, the crack aspect ratios during fatigue propagation evolution are lower in fatigue (in air) than in corrosion-fatigue (in aggressive environment). PMID:28772798

21 CFR 520.1780 - Pimobendan.

Code of Federal Regulations, 2010 CFR

2010-04-01

... severe (modified New York Heart Association Class II, III, or IV) congestive heart failure due to... heart failure as appropriate on a case-by-case basis. (3) Limitations. Federal law restricts this drug...

21 CFR 520.1780 - Pimobendan.

Code of Federal Regulations, 2012 CFR

2012-04-01

... severe (modified New York Heart Association Class II, III, or IV) congestive heart failure due to... heart failure as appropriate on a case-by-case basis. (3) Limitations. Federal law restricts this drug...

21 CFR 520.1780 - Pimobendan.

Code of Federal Regulations, 2013 CFR

2013-04-01

... severe (modified New York Heart Association Class II, III, or IV) congestive heart failure due to... heart failure as appropriate on a case-by-case basis. (3) Limitations. Federal law restricts this drug...

21 CFR 520.1780 - Pimobendan.

Code of Federal Regulations, 2011 CFR

2011-04-01

... severe (modified New York Heart Association Class II, III, or IV) congestive heart failure due to... heart failure as appropriate on a case-by-case basis. (3) Limitations. Federal law restricts this drug...

21 CFR 520.1780 - Pimobendan.

Code of Federal Regulations, 2014 CFR

2014-04-01

... severe (modified New York Heart Association Class II, III, or IV) congestive heart failure due to... heart failure as appropriate on a case-by-case basis. (3) Limitations. Federal law restricts this drug...

Commentary on Skene and Parker: the role of the church in developing the law.

PubMed

Gormally, L

2002-08-01

Skene and Parker are demonstrably mistaken in suggesting that the amicus role of Catholic bishops in three cases has been concerned with "developing" the law. In contrast with Skene and Parker's freestanding conception of legal principle, the Catholic understanding of law's rational moral foundations has permitted Catholic bishops to defend longstanding legal principle as well as defending the integrity of the church's health care and welfare services. It is shown that in the three cases under discussion Catholic bishops were providing needed argument otherwise unavailable to the courts in defence of existing statute. In face of the attempts by pressure groups to bypass the legislature and use the courts to subvert fundamental legal principles, the church is perhaps uniquely capable of continuing to provide to the courts rational defences of those principles.

Discriminating between Light- and Heavy-Tailed Distributions with Limit Theorem.

PubMed

Burnecki, Krzysztof; Wylomanska, Agnieszka; Chechkin, Aleksei

2015-01-01

In this paper we propose an algorithm to distinguish between light- and heavy-tailed probability laws underlying random datasets. The idea of the algorithm, which is visual and easy to implement, is to check whether the underlying law belongs to the domain of attraction of the Gaussian or non-Gaussian stable distribution by examining its rate of convergence. The method allows to discriminate between stable and various non-stable distributions. The test allows to differentiate between distributions, which appear the same according to standard Kolmogorov-Smirnov test. In particular, it helps to distinguish between stable and Student's t probability laws as well as between the stable and tempered stable, the cases which are considered in the literature as very cumbersome. Finally, we illustrate the procedure on plasma data to identify cases with so-called L-H transition.

Unconsented HIV Testing in Cases of Occupational Exposure: Ethics, Law, and Policy

PubMed Central

Cowan, Ethan; Macklin, Ruth

2012-01-01

Post-exposure prophylaxis (PEP) has substantially reduced the risk of acquiring human immunodeficiency virus (HIV) after an occupational exposure; nevertheless, exposure to HIV remains a concern for emergency department providers. According to published guidelines, PEP should be taken only when source patients are HIV positive or have risk factors for HIV. Initiating PEP when source patients are uninfected puts exposed persons at risk from taking toxic drugs with no compensating benefit. Forgoing PEP if the source is infected results in increased risk of acquiring HIV. What should be done if source patients refuse HIV testing? Is it justifiable to test the blood of these patients over their autonomous objection? The authors review current law and policy and perform an ethical analysis to determine if laws permitting unconsented testing in cases of occupational exposure can be ethically justified. PMID:22994417

Discriminating between Light- and Heavy-Tailed Distributions with Limit Theorem

PubMed Central

Chechkin, Aleksei

2015-01-01

In this paper we propose an algorithm to distinguish between light- and heavy-tailed probability laws underlying random datasets. The idea of the algorithm, which is visual and easy to implement, is to check whether the underlying law belongs to the domain of attraction of the Gaussian or non-Gaussian stable distribution by examining its rate of convergence. The method allows to discriminate between stable and various non-stable distributions. The test allows to differentiate between distributions, which appear the same according to standard Kolmogorov–Smirnov test. In particular, it helps to distinguish between stable and Student’s t probability laws as well as between the stable and tempered stable, the cases which are considered in the literature as very cumbersome. Finally, we illustrate the procedure on plasma data to identify cases with so-called L-H transition. PMID:26698863