Science.gov

Sample records for legal responsibility

  1. Legal responsibility and accountability.

    PubMed

    Cox, Chris

    2010-06-01

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

  2. Trustee Liability and Legal Responsibility.

    ERIC Educational Resources Information Center

    Davies, Alton L.

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

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

    PubMed

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

    2009-01-01

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

  4. Legal Consciousness and Responses to Sexual Harassment*

    PubMed Central

    Blackstone, Amy; Uggen, Christopher; McLaughlin, Heather

    2009-01-01

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

  5. 16 CFR 1110.15 - Legal responsibility for certificate information.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 16 Commercial Practices 2 2010-01-01 2010-01-01 false Legal responsibility for certificate information. 1110.15 Section 1110.15 Commercial Practices CONSUMER PRODUCT SAFETY COMMISSION CONSUMER PRODUCT SAFETY ACT REGULATIONS CERTIFICATES OF COMPLIANCE § 1110.15 Legal responsibility for...

  6. 45 CFR 400.115 - Establishing legal responsibility.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ..., ADMINISTRATION FOR CHILDREN AND FAMILIES, DEPARTMENT OF HEALTH AND HUMAN SERVICES REFUGEE RESETTLEMENT PROGRAM Child Welfare Services § 400.115 Establishing legal responsibility. (a) A State must ensure that legal... appropriate State court. When adoption occurs, the child's status as an unaccompanied minor terminates....

  7. 45 CFR 400.115 - Establishing legal responsibility.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ..., ADMINISTRATION FOR CHILDREN AND FAMILIES, DEPARTMENT OF HEALTH AND HUMAN SERVICES REFUGEE RESETTLEMENT PROGRAM Child Welfare Services § 400.115 Establishing legal responsibility. (a) A State must ensure that legal... appropriate State court. When adoption occurs, the child's status as an unaccompanied minor terminates....

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

    ERIC Educational Resources Information Center

    Deming, Caren J.

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

  9. Legal Literacy for Teachers: A Neglected Responsibility

    ERIC Educational Resources Information Center

    Schimmel, David; Militello, Matthew

    2007-01-01

    In this article, David Schimmel and Matthew Militello document the legal knowledge and training of teachers based on a survey of more than thirteen hundred K-12 respondents in seventeen states. The findings from this study suggest that most educators (1) are uninformed or misinformed about student and teacher rights; (2) have taken no course in…

  10. [Personnel reduction in clinics and legal responsibility].

    PubMed

    Schelling, P

    2011-06-01

    Executive clinical physicians are increasingly being made jointly responsible for the economic success of clinics and it is to be expected that this joint responsibility will result in measures to reduce personnel. In this article it will be explained to which limits a reduction in medical personnel can be justified with respect to liability and from what level a reduction in staff can result in forensic risks. Furthermore, it will be discussed which liability or even penal responsibility in this connection affects the physicians, the hospital and especially the senior medical personnel.

  11. Violence against women: the international legal response.

    PubMed

    Chinkin, C

    1995-06-01

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

  12. [Legal responsibility of mentally ill persons].

    PubMed

    Olié, Jean-Pierre; Fabre, Isabelle

    2006-05-15

    In a long humanistic tradition, insanity is a cause of irresponsibility. An irresponsible patient has to be treated. Are responsibility and irresponsibility so contrasted? Where can we put the limits between judicial repression and mental care? What are the best means to treat mental patients? Debate remains open. This article is a clinical and practical reasoning.

  13. Legal Responsibilities of Lifeguards. Avoiding Lawsuits.

    ERIC Educational Resources Information Center

    Osinski, Alison

    1988-01-01

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

  14. 45 CFR 400.115 - Establishing legal responsibility.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 400.115 Public Welfare Regulations Relating to Public Welfare OFFICE OF REFUGEE RESETTLEMENT, ADMINISTRATION FOR CHILDREN AND FAMILIES, DEPARTMENT OF HEALTH AND HUMAN SERVICES REFUGEE RESETTLEMENT PROGRAM Child Welfare Services § 400.115 Establishing legal responsibility. (a) A State must ensure that...

  15. Neuroscience and legal determination of criminal responsibility.

    PubMed

    Eastman, Nigel; Campbell, Colin

    2006-04-01

    Neuroscience is increasingly identifying associations between biology and violence that appear to offer courts evidence relevant to criminal responsibility. In addition, in a policy era of 'zero tolerance of risk', evidence of biological abnormality in some of those who are violent, or biological markers of violence, may be seized on as a possible basis for preventive detention in the interest of public safety. However, there is a mismatch between questions that the courts and society wish answered and those that neuroscience is capable of answering. This poses a risk to the proper exercise of justice and to civil liberties.

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

    PubMed

    Mathews, Ben; Bismark, Marie M

    2015-08-17

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

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

    PubMed

    Mathews, Ben; Bismark, Marie M

    2015-08-17

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

  18. 5 CFR 581.303 - Response to legal process or interrogatories.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... 5 Administrative Personnel 1 2013-01-01 2013-01-01 false Response to legal process or... Response to legal process or interrogatories. (a) Whenever the designated agent is validly served with legal process pursuant to State procedures in effect pursuant to subjection (a)(1) or (b) of section...

  19. 5 CFR 581.303 - Response to legal process or interrogatories.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 5 Administrative Personnel 1 2014-01-01 2014-01-01 false Response to legal process or... Response to legal process or interrogatories. (a) Whenever the designated agent is validly served with legal process pursuant to State procedures in effect pursuant to subjection (a)(1) or (b) of section...

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

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 5 Administrative Personnel 1 2012-01-01 2012-01-01 false Response to legal process or... Response to legal process or interrogatories. (a) Whenever the designated agent is validly served with legal process pursuant to State procedures in effect pursuant to subjection (a)(1) or (b) of section...

  1. 5 CFR 581.303 - Response to legal process or interrogatories.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 5 Administrative Personnel 1 2010-01-01 2010-01-01 false Response to legal process or... Response to legal process or interrogatories. (a) Whenever the designated agent is validly served with legal process pursuant to State procedures in effect pursuant to subjection (a)(1) or (b) of section...

  2. Legal Responsibilities of Physicians When They Diagnose Hepatic Encephalopathy.

    PubMed

    Vierling, John M

    2015-08-01

    Both covert hepatic encephalopathy (CHE) and overt hepatic encephalopathy (OHE) impair the ability to operate machinery. The legal responsibilities of US physicians who diagnose and treat patients with hepatic encephalopathy vary among states. It is imperative that physicians know the laws regarding reporting in their state. OHE represents a neuropsychiatric impairment that meets general reporting criteria. The medical advisory boards of the states have not identified OHE as a reportable condition. In the absence of validated diagnostic guidelines, physicians are not obligated to perform tests for CHE. There is a need for explicit guidance from professional associations regarding this issue.

  3. 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.

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

    PubMed

    Holoyda, Brian; Newman, William

    2014-01-01

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

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

    ERIC Educational Resources Information Center

    Glick, David Matthew

    2010-01-01

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

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

    PubMed

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

    2014-08-01

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

  7. The migration response to the Legal Arizona Workers Act

    PubMed Central

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

    2014-01-01

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

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

    Code of Federal Regulations, 2011 CFR

    2011-01-01

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

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

    PubMed Central

    Baines, Paul

    2010-01-01

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

  10. Legal Rights and Responsibilities of Homosexuals in Public Education

    ERIC Educational Resources Information Center

    La Morte, Michael W.

    1975-01-01

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

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

    ERIC Educational Resources Information Center

    Wiley, Tisha R. A.

    2009-01-01

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

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

    PubMed

    Mackay, I

    1991-06-01

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

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

    ERIC Educational Resources Information Center

    Martinelli, Kathleen A.; Briggs, William

    1998-01-01

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

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

    PubMed

    Ahmadiani, Saeed; Nikfar, Shekoufeh

    2016-01-01

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

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

    PubMed

    Siso Martín, J

    2004-12-01

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

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

    PubMed

    Siso Martín, J

    2004-12-01

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

  17. ADHD--New Legal Responsibilities for Schools. Policy Briefs.

    ERIC Educational Resources Information Center

    Gregg, Soleil

    Children with attention deficit hyperactivity disorder (ADHD) are provided for under three federal statutes: the Individuals with Disabilities Education Act (IDEA), Part B; Section 504 of the Rehabilitation Act of 1973; and the Americans with Disabilities Act of 1990. State education agencies have ultimate responsibility for providing a free…

  18. 40 CFR 85.1907 - Responsibility under other legal provisions preserved.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 40 Protection of Environment 19 2012-07-01 2012-07-01 false Responsibility under other legal provisions preserved. 85.1907 Section 85.1907 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) CONTROL OF AIR POLLUTION FROM MOBILE SOURCES Emission Defect...

  19. 40 CFR 85.1907 - Responsibility under other legal provisions preserved.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 40 Protection of Environment 19 2013-07-01 2013-07-01 false Responsibility under other legal provisions preserved. 85.1907 Section 85.1907 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) CONTROL OF AIR POLLUTION FROM MOBILE SOURCES Emission Defect...

  20. 40 CFR 85.1907 - Responsibility under other legal provisions preserved.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 40 Protection of Environment 19 2014-07-01 2014-07-01 false Responsibility under other legal provisions preserved. 85.1907 Section 85.1907 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) CONTROL OF AIR POLLUTION FROM MOBILE SOURCES Emission Defect...

  1. 40 CFR 85.1907 - Responsibility under other legal provisions preserved.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

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

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

    PubMed

    Schmoll, D

    2012-04-01

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

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

    PubMed

    Kalis, Annemarie; Meynen, Gerben

    2014-01-01

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

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

    PubMed

    Kalis, Annemarie; Meynen, Gerben

    2014-01-01

    The paper discusses the relevance of decision-making models for evaluating the impact of mental disorder on legal responsibility. A three-stage model is presented that analyzes decision making in terms of behavioral control. We argue that understanding dysfunctions in each of the three stages of decision making could provide important insights in the relation between mental disorder and legal responsibility. In particular, it is argued that generating options for action constitutes an important but largely ignored stage of the decision-making process, and that dysfunctions in this early stage might undermine the whole process of making decisions (and thus behavioral control) more strongly than dysfunctions in later stages. Lastly, we show how the presented framework could be relevant to the actual psychiatric assessment of a defendant's decision making within the context of an insanity defense. PMID:24694295

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

    PubMed

    Ahmadiani, Saeed; Nikfar, Shekoufeh

    2016-01-01

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

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

    PubMed

    McQuoid-Mason, David Jan

    2016-09-01

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

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

    NASA Astrophysics Data System (ADS)

    Scolobig, A.

    2015-04-01

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

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

    NASA Astrophysics Data System (ADS)

    Scolobig, A.

    2015-06-01

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

  9. The medical-legal responsibilities of a dialysis unit medical director.

    PubMed

    Vaqar, Sarosh; Murray, Brian; Panesar, Mandip

    2014-01-01

    The specialty of Nephrology, by virtue of its relationship with the dialysis procedure, is highly vulnerable to litigation. As is the case with all nephrologists, a dialysis unit medical director is not immune to medical malpractice suits, and can be held liable for any act of perceived or potential harm to any dialysis patient, regardless of the director's level of involvement. The medical director, per the Centers for Medicare and Medicaid Services (CMS) Conditions of Participation, accepts the responsibilities, accountability, and consequent legal liabilities of the quality of the medical care provided to every dialysis patient in the unit. This review is a synopsis of lawsuits filed against medical directors of dialysis units in the past forty years. Six categories of legal actions were noted; medical malpractice, fraudulent claims, self-referral and Stark Law, discrimination, negligence, and violation of patient autonomy and dignity.

  10. Mutual aid agreements: essential legal tools for public health preparedness and response.

    PubMed

    Stier, Daniel D; Goodman, Richard A

    2007-04-01

    Mutual aid is the sharing of supplies, equipment, personnel, and information across political boundaries. States must have agreements in place to ensure mutual aid to facilitate effective responses to public health emergencies and to detect and control potential infectious disease outbreaks. The 2005 hurricanes triggered activation of the Emergency Management Assistance Compact (EMAC), a mutual aid agreement among the 50 states, the District of Columbia, Puerto Rico, and the US Virgin Islands. Although EMAC facilitated the movement of an unprecedented amount of mutual aid to disaster areas, inadequacies in the response demonstrated a need for improvement. Mutual aid may also be beneficial in circumstances where EMAC is not activated. We discuss the importance of mutual aid, examine obstacles, and identify legal "gaps" that must be filled to strengthen preparedness.

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

    ERIC Educational Resources Information Center

    Strazicich, Mirko, Ed.

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

  12. [Mental state and the criminal responsibility--legal regulations and medical criteria in Poland and other countries].

    PubMed

    Bolechała, Filip

    2009-01-01

    In contemporary civilized legal systems, sanity is a prerequisite for criminal responsibility of the perpetrator. Thus, insanity resulting from certain psychiatric and psychological disorders is a circumstance excluding the guilt. General assumptions of insanity criteria are close and similar in legal systems of the majority of countries; however, certain essential differences appear in details of their interpretation and acceptance. These differences in particular appear among systems of continental European states as opposed to these, in which the judiciary system is derived from the English law. The paper presents and discusses in detail the legal and medical considerations of insanity defense in Poland, as well as outlines the legal foundations of this issue in other countries of Europe, North America and Australia.

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

    PubMed

    Ferraro, Guido; Pavliha, Marko

    2010-03-01

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

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

    PubMed

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

    2015-01-01

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

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

    PubMed

    Ulsenheimer, K

    2009-05-01

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

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

    PubMed

    Ulsenheimer, K

    2009-11-01

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

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

    PubMed Central

    Craigie, Jillian

    2015-01-01

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

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

    PubMed

    Wasserman, David; Johnston, Josephine

    2014-01-01

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

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

    PubMed

    Wasserman, David; Johnston, Josephine

    2014-01-01

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

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

    ERIC Educational Resources Information Center

    Penven, James C.; Janosik, Steven M.

    2012-01-01

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

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

    PubMed

    Kholikov, I V; Sazonova, K L

    2015-08-01

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

  2. ['See and Treat' in the Emergency Department: legal aspects and professional nursing responsibility].

    PubMed

    Radice, Cristiano; Ghinaglia, Monica; Doneda, Renzo; Bollini, Giovanna

    2013-01-01

    The article aim to analyze the legal aspects of professional responsibility in the autonomous nursing care of a patient with a minor health problem treated in a See and Treat area of the Emergency Department through a literature review and an analyses of the Italian legislation about professional exercise. Recent studies have shown that the treatment of the emergency patients affected by minor health problems in separated areas of the A&E by skilled nurses proved to be effective in reducing time to medical examination and the overall time spent in the Emergency Department. Several studies have shown the positive effects of the Emergency Nurse Practitioner (ENP) in terms of reduction of time to medical examination with an increase in patient satisfaction, maintaining an adequate level of quality in the care of patients with minor health problems. The introduction of a See and Treat area, together with the institution of advanced post-triage protocols, represents a possible answer to the overcrowding of the Emergency Department. The aim is the reduction of waiting times and proper allocation of both material and professional resources. The "See and Treat" nurse represents an expert nurse, with an adequate level of competence, who acts in respect to the clinical protocols shared between physicians and nurses. The Italian legislation is not in contrast with the introduction of the See and Treat nurse, on the contrary it offers opportunities for further professional development. PMID:24083498

  3. Managing Legal Affairs.

    ERIC Educational Resources Information Center

    Weeks, Richard H.

    2001-01-01

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

  4. [Abnormal psychosocial development and legal responsibility--results of psychopathometric studies].

    PubMed

    Littmann, E; Friemert, K; Szewczyk, H

    1989-05-01

    The introduction (1968) of the legal concept of Grave Abnormal Development of the Personality Amounting to a Disorder into the penal code, made possible criminal deculpation on the basis of psychosocial maldevelopment. On the basis of an intelligence- and personality-diagnostic test-battery (Psychopathometry), the findings obtained in the examination of a sample of culprits on probation under this legal provision, has been compared with a control group homogeneous in respect of the significant parameters. Psychopathometric methods can and should reasonably supplement expertises of this culprits with defective psychosocial development.

  5. Scaring us all to death: the need for responsible legal scholarship on post-mortem organ donation.

    PubMed

    Naffine, Ngaire; Richards, Bernadette; Rogers, Wendy

    2009-02-01

    This article considers the legal, medical and policy issues arising from post-mortem organ donation. It explains the basis of relevant law, and examines the diagnosis of death and the ethics of medical aspects of post-mortem donation. While the law in this area may well be imperfect, it provides an appropriate and ethical framework within which health care professionals can function. The current medico-legal framework protects and preserves the public interest, such that the broader society can be confident that the dead donor rule is observed irrespective of the way that death is diagnosed. This article also acknowledges the human fear of death and calls for responsible scholarship in this area.

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

    ERIC Educational Resources Information Center

    Plum, Henry J.

    1991-01-01

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

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

    ERIC Educational Resources Information Center

    Zirkel, Perry A.; Barnes, Marianne B.

    2011-01-01

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

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

    ERIC Educational Resources Information Center

    Zirkel, Perry A.

    2012-01-01

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

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

    ERIC Educational Resources Information Center

    Burger, Warren E.

    1980-01-01

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

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

    ERIC Educational Resources Information Center

    Moorman, Anita M.

    2004-01-01

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

  11. Diminished responsibility as a mitigating circumstance in juvenile offenders' legal judgments.

    PubMed

    Siegal, M

    1984-09-01

    The legal judgments of 20 juvenile offenders and 20 non-offenders were examined for three types of crimes: assault, arson and treason. Mitigating circumstances cast in the form of an inability to control events consisted of brain damage, passion and economic need, in contrast to a situation in which no mitigating circumstances were offered. The results indicated that despite the often-made legal argument, neither group regarded passion and economic need as circumstances warranting the reduction of sentencing. Compared to the non-offender group, offenders rated brain damage as less mitigating. While non-offenders rated passion and economic need more severely than brain damage, offenders' ratings of the three circumstances did not differ significantly. The findings are discussed in terms of perceptions of control and structural-developmental approaches to socialization.

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

    PubMed

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

    2016-01-01

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

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

    PubMed

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

    2016-01-01

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

  14. Legal Preparedness

    PubMed Central

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

    2015-01-01

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

  15. [Legalization of cannabis: between political irresponsibility and loss of responsibility of psychiatrists].

    PubMed

    Bersani, Giuseppe; Iannitelli, Angela

    2015-01-01

    In Italy a political parliamentary majority, recognized by all the press as "cross party", is going to approve the law that will legalize the use of cannabis. As diversified in different Countries, it is a phenomenon which affects substantially homogeneous many European nations, as well as several states of the USA and other Countries of the world. The authors, after listing the main harmful effects of cannabis, especially in young people, on cognitive functions and on the onset of several psychotic disorders, express the need for reflection by the mental health experts on a problem of extreme relevance and urgency care.

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

    PubMed

    Smith, Steven R

    2012-09-01

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

  17. Medical malpractice and the professional legal responsibility of the sports physician.

    PubMed

    Verzeletti, Andrea

    2013-09-01

    As with other medical specialties, litigation in sports medicine appears to be on the increase. In most countries, the applicable legal standard is "good medical practice" as identified with reference to the physician's own field of specialisation: what is commonly done by physicians in the same specialty generally serves as the standard by which a physician's conduct is measured. To enhance the quality of sports medicine practice, medical societies have been issuing guidelines for use by sports physicians, and a number of courts have recognised guidelines as evidence of good medical practice. One potential field of malpractice in sports medicine relates to privacy issues: an athlete should be asked to fill in a consent form if the medical information needs to be shared with other parties. Another relevant field is doping: for any act of drug prescription to be legally sound, sports physicians have to be aware of the requirements of the World Anti-Doping Agency Code and its international standards. Ultimately, the best way for sports physicians to avoid sources of liability is for them to keep up to date with the latest research and to act in a careful and diligent manner.

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

    PubMed

    Lowry, W T; Garriott, J C

    1975-10-01

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

  19. Evolving legal responses to dependence on families in New Zealand and Singapore healthcare.

    PubMed

    Chan, Tracey E; Peart, Nicola S; Chin, Jacqueline

    2014-12-01

    Healthcare decision-making has traditionally focused on individual autonomy, but there is now a change occurring in which the involvement of families is gaining prominence. This appears to stem from an increasing emphasis on relational aspects of autonomy which recognises the individual's connectedness to their family, and also state reliance upon families to share the burdens and costs of caring for elderly and disabled dependents. Such a reorientation calls for similar legal emphasis on patient autonomy as understood in relational terms, and one that offers more adequate conceptions of independence, confidentiality and decision-making authority in the light of this change. This paper outlines how two common law jurisdictions, New Zealand and Singapore, have accommodated, or are responding to, these changes.

  20. Fuller on Legal Education.

    ERIC Educational Resources Information Center

    Summers, Robert S.

    1984-01-01

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

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

    ERIC Educational Resources Information Center

    Serpa, Fernando A.

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

  2. A New Generation of Tenure Problems: Legal Issues and Institutional Responses.

    ERIC Educational Resources Information Center

    Lee, Barbara A.

    This chapter addresses developments concerning faculty tenure, examines institutional responses to new pressures and the litigation by faculty over those reponses, and explores faculty and administration rights and responsibilities. Academic administrators have realized that the reappointment, tenure, and promotion processes are an opportunity to…

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

    PubMed Central

    Lacey, Nicola; Pickard, Hanna

    2013-01-01

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

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

    ERIC Educational Resources Information Center

    Abinanti & Tripp, Arcata, CA.

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

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

    ERIC Educational Resources Information Center

    Connecticut State Dept. of Education, Hartford.

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

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

    ERIC Educational Resources Information Center

    Wilks, Duffy; Ratheal, Juli D'Ann

    2009-01-01

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

  7. Exploring Professional, Ethical and Legal Dimensions of Social Studies Teachers' Rights and Responsibilities: Implications for NCSS "Standards for Social Studies Teachers."

    ERIC Educational Resources Information Center

    Schneider, Donald O.

    A comprehensive statement of teacher rights and responsibilities must consider the nature of the teaching profession, ethical standards, and legal dimensions. Precision in defining these areas as they relate to social studies teachers is difficult due to disagreement about purposes and approaches to social studies, lack of practitioner support of…

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

    PubMed

    Gkotsi, Georgia Martha; Gasser, Jacques

    2016-01-01

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

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

    PubMed

    Gkotsi, Georgia Martha; Gasser, Jacques

    2016-01-01

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

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

    PubMed Central

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

    2013-01-01

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

  11. Legal forms and reproductive norms.

    PubMed

    Fletcher, Ruth

    2003-06-01

    This article draws on Pashukanis's concept of legal form and on O'Brien's concept of synthetic value to argue that legal form plays a role in reproductive relations by constructing legal subjects as the bearers of reproductive responsibilities. Pashukanis conceived of legal form as playing a particular role in capitalist exchange relations by interpellating subjects as the bearers of property rights. O'Brien argued that reproduction's specific value is synthetic value, which represents the value of integrating nature and reason in species continuity. Synthetic value is distinct from exchange value or emotional value which may also attach to reproductive process. By working through Pashukanis's method of extracting legal form from specific social relations and by adapting it to reproductive relations, an example is provided of how legal form analysis can be extended beyond the particular context of capitalist exchange relations. Just as legal form constitutes owners and non-owners as legal subjects, so it constitutes reproducers and non-reproducers. By tracing the way in which law attributes reproductive responsibility, legal form analysis shows us how law draws a line between wanting to attribute responsibility and not to attribute it, and this contradiction is a hook which social forces such as sexuality, gender, race, class and disability can latch on to in pushing legal form to shape reproductive responsibilities in a particular way. Each legal form is also externally contradicted by other legal forms. When law negotiates a balance between the reproductive norms of responsibilities and rights, it demonstrates how particular legal forms manage the interaction of different sets of social relations, such as reproduction and exchange. PMID:15871155

  12. Legal Rights

    ERIC Educational Resources Information Center

    Baril, Cecile; Couchman, Ian S. B.

    1976-01-01

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

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

    PubMed

    Mina, András

    2016-04-24

    This paper is focusing on the legal aspects of communication in health care, especially on doctor-patient relationship, responsibility for information, communication of adverse events, and legal declarations. PMID:27084442

  14. Bibliography on Public Access to Legal Materials.

    ERIC Educational Resources Information Center

    Reinertsen, Gail

    1986-01-01

    This annotated bibliography of literature on public access to legal information is categorized into three sections: public access to legal information and materials in law libraries, access in non-law libraries, and non-prison libraries' responsibility to provide legal information to prisoners. (CLB)

  15. 76 FR 11176 - Proposed Legal Interpretation

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-03-01

    ... Federal Aviation Administration 14 CFR Part 121 Proposed Legal Interpretation AGENCY: Federal Aviation... pilot must assume responsibilities for more in-flight duties. See Legal Interpretation from Donald P... duties and may be provided an opportunity for rest. See Legal Interpretation from Donald P. Byrne...

  16. Legal preparedness for bioterrorism.

    PubMed

    Matthews, Gene W; Benjamin, Georges; Mills, S Peter; Parmet, Wendy; Misrahi, James J

    2002-01-01

    Responding to a terrorist biological weapon attack poses new challenges not only for the public health response community but also to the very construct of public health police powers as we know them today. States are debating the merits of revising and updating these powers in order to ensure an effective and legally appropriate response. This article covers three aspects of the policy debate: the experience in one state from a legislative perspective, a discussion from an academic viewpoint, and one example of the role of enhanced powers from the response perspective. PMID:12508503

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

    PubMed

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

    1983-12-01

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

  18. Legalizing the Intolerable Is a Bad Idea.

    ERIC Educational Resources Information Center

    Hawley, Richard A.

    1991-01-01

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

  19. Legal Scholarship: The Course.

    ERIC Educational Resources Information Center

    Markovits, Richard S.

    1998-01-01

    Outlines content of a law-school course in legal scholarship, describes course mechanics, and reports on its success. A section explains why law students should be given additional instruction in jurisprudence, legal history, and social science. Discusses legal education's content and quality, effects of student-run law reviews, and…

  20. 37 CFR 10.36 - Fees for legal services.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... legal service properly. (2) The likelihood, if apparent to the client, that the acceptance of the... 37 Patents, Trademarks, and Copyrights 1 2010-07-01 2010-07-01 false Fees for legal services. 10... Office Code of Professional Responsibility § 10.36 Fees for legal services. (a) A practitioner shall...

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

    SciTech Connect

    Domby, A.H.

    2007-07-01

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

  2. RUSA Guidelines. Guidelines for Liaison Work in Managing Collections and Services; Guidelines for Medical, Legal, and Business Information Service Responses; Guidelines for the Preparation of a Bibliography.

    ERIC Educational Resources Information Center

    Reference & User Services Quarterly, 2001

    2001-01-01

    Presents guidelines developed by RUSA (Reference and User Services Association), a division of the American Library Association, regarding collection development with user liaisons; meeting user needs for medical, legal, or business information; and bibliography preparation that includes a variety of formats such as nonprint materials and Web…

  3. 45 CFR 1302.20 - Grantee to show both legal status and financial viability.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

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

  4. 45 CFR 1302.20 - Grantee to show both legal status and financial viability.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... 45 Public Welfare 4 2011-10-01 2011-10-01 false Grantee to show both legal status and financial... both legal status and financial viability. (a) Upon the occurrence of a change in the legal condition... satisfaction of the responsible HHS official that it has and will continue to have legal status and...

  5. School Safety Legal Anthology.

    ERIC Educational Resources Information Center

    Stephens, Ronald D., Ed.; And Others

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

  6. Should Drugs Be Legalized?

    ERIC Educational Resources Information Center

    Chambliss, William; Scorza, Thomas

    1989-01-01

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

  7. Development of Legal Expertise

    ERIC Educational Resources Information Center

    Glöckner, Andreas; Towfigh, Emanuel; Traxler, Christian

    2013-01-01

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

  8. Accreditation's Legal Landscape

    ERIC Educational Resources Information Center

    Graca, Thomas J.

    2009-01-01

    Like most issues in higher education, the accreditation paradigm in the United States is defined in large measure by the legal and political climate in which the academy finds itself. In the case of accreditation in particular, the legal substrate is of particular importance given the central role of accreditation in a college's ability to receive…

  9. Legal issues associated with genetics.

    PubMed

    Carson, W Y

    2000-09-01

    With the evolution of genetic research, legal issues have emerged related to the health care delivery industry and the protection of patient information. The use of genetics or genetic enhancement expands the role of the nurse and also brings a new perspective to the nurse-patient relationship. Nurses now must discern their role in relation to patient privacy and confidentiality. In addition to reviewing the ethical and legal dilemmas of registered nurses in clinical practice, the nursing profession must review the level of responsibility appropriate when using genetic and or experimental treatments, especially when the nurse is not the primary care provider or the leader of the research team. Nurses will have to delve into privacy and confidentiality issues associated with genetic research. Although little case law exists on the relationship of nursing to genetic research and treatments, the implications of experimental research and policy associated with genetics must be analyzed to better understand their impact on the scope of nursing practice.

  10. Innovative Legal Approaches to Address Obesity

    PubMed Central

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

    2009-01-01

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

  11. Children's Health in a Legal Framework

    ERIC Educational Resources Information Center

    Huntington, Clare; Scott, Elizabeth

    2015-01-01

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

  12. Legal Q & A.

    ERIC Educational Resources Information Center

    NACE Journal, 2003

    2003-01-01

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

  13. Disease management contracting: legal issues.

    PubMed

    Dunst, I

    1996-01-01

    The legal issues surrounding disease management (DM) agreements can be complex and confusing to participants whose primary expertise is in the management or providing of health care. Because DM is such a rapidly evolving field, attorneys can provide invaluable guidance in avoiding legal pitfalls that can arise from the partners' sometimes-differing goals and expectations. Although managed-care organizations (MCOs) are generally already familiar with the legal issues in DM, the independent partners in DM agreements, often drug companies, may be less familiar with the various state and federal licensing and regulatory requirements that may apply to their DM activities. For this reason, it is important that, unless they are prepared to take on the responsibilities involved with licensing and regulation, independent partners of MCOs should contractually state that they are not "health care providers" and should not engage in activities that would make them subject to regulation. In addition, partnership contracts must be carefully defined to avoid running afoul of federal and state anti-kickback laws, which prohibit certain impermissible inducements to purchase health care products or services covered by Medicare/Medicaid.

  14. AIDS--legal issues.

    PubMed

    Kirby, M

    1988-01-01

    Legal issues worldwide prompted by the AIDS epidemic are discussed, in a general way, since legal systems vary widely in different countries and localities. WHO publishes a tabulation of legal instruments dealing with AIDS and HIV infection. Criminal laws intended to protect people from harm from HIV infection have been enacted, such as a penalty for unprotected sexual intercourse by infected persons, in some Australian states. Knowing spread of HIV already amounts to a crime in many systems. The U.S. Supreme Court has already ruled that states do not violate the constitution for punishing homosexuals for consensual sodomy, nor the Army for discharging homosexuals. Quarantine law is a civil matter, but may provide penalties stricter than criminal penalties, without as much protection. No quarantines against AIDS have been enacted, although some countries require screening of immigrants. Legal issues regarding screening, liability of suppliers of blood products, and tracing of sexual partners are much discussed. Stigmatization of minority and alienated groups such as homosexuals, prostitutes, migrants, drug users and prisoners is a tricky legal problem. The apparent failure of the criminalization of drug users and how to contain the spread of AIDS into the drug free population may prompt drastic new solutions. Other legal issues drawing attention include regulation of health insurance, changes in family law, pre-marriage HIV tests, screening for HIV ostensibly to detect HIV-associated dementia, liability protection for developers and testers of vaccines, and euthanasia and the treatment of the deceased. The legal system tends to lag behind medicine. In the case of AIDS, it cannot afford to delay, therefore effective legal strategies will include effective media presentation of AIDS information to the general public; ready and cheap supply of condoms; and a new approach to illegal drugs.

  15. Surface-mining primacy for Kentucky: the legal implications

    SciTech Connect

    McGraw, M.P.

    1983-01-01

    A number of legal issues and problems developed when Kentucky achieved primacy; i.e., it assumed the primary regulatory responsibility for enforcing environmental laws concerning coal mining operations. This article describes how Kentucky phased in the new state law. It covers the legal issues of when various parts of the law would take effect, revisions in the rulemaking after primacy, and legal challenges made to the Secretary of the Interior's approval of the Kentucky program, some leading to injunctions. 84 references.

  16. [Sterilization and legal proceedings].

    PubMed

    Roscam Abbing, H D

    1992-06-01

    According to data of the central bureau of social insurance, during 1983-87 4 out of a total of 197 damage claims were related to sterilization, and in 2 cases payment was made. From 1976 to 1992 there were fewer than 10 verdicts in sterilization cases. What is charged also has to be proven. If damage is involved, the accused party has to prove that it was not caused by its own negligence. For instance, spontaneous recanalization is the case when usual controls did not take place. The onus of proof is on the patient who has to prove the damage (affecting health and physical integrity) and the causative connection between the service and the damage based on the guidelines of the Commission of the European Community. The provider has to show that no error was committed. The responsibility of doctors is larger because of the insight of science into information not in the public domain and higher expectations of them. A recent case seeking damages for a hemophilic patient who was infected with HIV in June 1983 by a blood preparation was rejected, because at that time the connection between a blood preparation and AIDS was not yet firm. If pregnancy occurs after sterilization, the liability of the doctor is not exclusive; the opposite facts also have to be proven, as spontaneous recanalization is possible. The compensation for damages after failed sterilization will only have a chance of succeeding when the failure was the consequence of a shortcoming of the provider of service. If it was provided in conformity with medical-professional standards then the damage is not accountable. A Maastricht court sentenced a doctor to compensation of damages who did not sterilize a woman completely because of insufficient information. Informing the patient about a procedure that went awry can help avoid unnecessary legal procedures. Defensive health care could have negative results for the doctor-patient relationship.

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

    PubMed

    Hirstein, William; Sifferd, Katrina

    2011-03-01

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

  18. Investigating legal aspects of cyberbullying.

    PubMed

    Paul, Simone; Smith, Peter K; Blumberg, Herbert H

    2012-11-01

    In the UK schools are required by law to protect students from bullying; the responsibility of teachers to govern such behaviour has been extended outside the school setting to include cyberbullying. In this investigation, cyberbullying in secondary education is explored from the student perspective using a qualitative method of enquiry. Reported awareness and understanding about the legal aspects of cyberbullying are investigated; consideration is given to legislation, cybercrime, children's rights, school sanctions and safeguarding responsibilities. A total of 197 male and female students aged between 11 and 14 years old participated. Despite the availability of information on guidelines and legislation at national, local, and school level, this does not appear to have reached ground level of the individual student. There is a considerable gap between what students should know and what they report to be aware of with regard to legal aspects of cyberbullying. To address concerns of keeping up with the pace of change in cyberbullying, a collaborative approach is required with young people and adults sharing expertise.

  19. Investigating legal aspects of cyberbullying.

    PubMed

    Paul, Simone; Smith, Peter K; Blumberg, Herbert H

    2012-11-01

    In the UK schools are required by law to protect students from bullying; the responsibility of teachers to govern such behaviour has been extended outside the school setting to include cyberbullying. In this investigation, cyberbullying in secondary education is explored from the student perspective using a qualitative method of enquiry. Reported awareness and understanding about the legal aspects of cyberbullying are investigated; consideration is given to legislation, cybercrime, children's rights, school sanctions and safeguarding responsibilities. A total of 197 male and female students aged between 11 and 14 years old participated. Despite the availability of information on guidelines and legislation at national, local, and school level, this does not appear to have reached ground level of the individual student. There is a considerable gap between what students should know and what they report to be aware of with regard to legal aspects of cyberbullying. To address concerns of keeping up with the pace of change in cyberbullying, a collaborative approach is required with young people and adults sharing expertise. PMID:23079364

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

    PubMed

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

    2016-01-01

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

  1. The Public Health Framework of Legalized Marijuana in Colorado

    PubMed Central

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

    2016-01-01

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

  2. LEGAL DUTIES OF PHYSICIANS

    PubMed Central

    Sandor, Andrew A.

    1951-01-01

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

  3. 36 CFR 215.5 - Legal notice of proposed actions.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... NOTICE, COMMENT, AND APPEAL PROCEDURES FOR NATIONAL FOREST SYSTEM PROJECTS AND ACTIVITIES § 215.5 Legal... in paragraph (b)(2)(i) for each National Forest System unit. When the Chief is the Responsible... 36 Parks, Forests, and Public Property 2 2010-07-01 2010-07-01 false Legal notice of...

  4. 36 CFR 215.5 - Legal notice of proposed actions.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... NOTICE, COMMENT, AND APPEAL PROCEDURES FOR NATIONAL FOREST SYSTEM PROJECTS AND ACTIVITIES § 215.5 Legal... in paragraph (b)(2)(i) for each National Forest System unit. When the Chief is the Responsible... 36 Parks, Forests, and Public Property 2 2013-07-01 2013-07-01 false Legal notice of...

  5. 36 CFR 215.5 - Legal notice of proposed actions.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... NOTICE, COMMENT, AND APPEAL PROCEDURES FOR NATIONAL FOREST SYSTEM PROJECTS AND ACTIVITIES § 215.5 Legal... in paragraph (b)(2)(i) for each National Forest System unit. When the Chief is the Responsible... 36 Parks, Forests, and Public Property 2 2014-07-01 2014-07-01 false Legal notice of...

  6. 36 CFR 215.5 - Legal notice of proposed actions.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... NOTICE, COMMENT, AND APPEAL PROCEDURES FOR NATIONAL FOREST SYSTEM PROJECTS AND ACTIVITIES § 215.5 Legal... in paragraph (b)(2)(i) for each National Forest System unit. When the Chief is the Responsible... 36 Parks, Forests, and Public Property 2 2012-07-01 2012-07-01 false Legal notice of...

  7. 36 CFR 215.5 - Legal notice of proposed actions.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... NOTICE, COMMENT, AND APPEAL PROCEDURES FOR NATIONAL FOREST SYSTEM PROJECTS AND ACTIVITIES § 215.5 Legal... in paragraph (b)(2)(i) for each National Forest System unit. When the Chief is the Responsible... 36 Parks, Forests, and Public Property 2 2011-07-01 2011-07-01 false Legal notice of...

  8. Legal Aspects of Internet Filtering in Public Libraries.

    ERIC Educational Resources Information Center

    Elsner, Edward J.

    2001-01-01

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

  9. 22 CFR 92.81 - Performance of legal services.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... responsibility on the part of the United States Government or the officer performing the service. (e) Fees. No... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Performance of legal services. 92.81 Section 92.81 Foreign Relations DEPARTMENT OF STATE LEGAL AND RELATED SERVICES NOTARIAL AND RELATED...

  10. 22 CFR 92.81 - Performance of legal services.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... responsibility on the part of the United States Government or the officer performing the service. (e) Fees. No... 22 Foreign Relations 1 2011-04-01 2011-04-01 false Performance of legal services. 92.81 Section 92.81 Foreign Relations DEPARTMENT OF STATE LEGAL AND RELATED SERVICES NOTARIAL AND RELATED...

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

    ERIC Educational Resources Information Center

    Zirkel, Perry A.

    2011-01-01

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

  12. Top 10 Campus Legal Issues for Boards

    ERIC Educational Resources Information Center

    White, Lawrence

    2015-01-01

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

  13. Legal Protections Gay Students Must Receive

    ERIC Educational Resources Information Center

    Underwood, Julie

    2004-01-01

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

  14. Roundtable: Legal Abortion

    ERIC Educational Resources Information Center

    Guttmacher, Alan F.; And Others

    1971-01-01

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

  15. [Teenage pregnancies, legal aspects].

    PubMed

    Rogue, Fanny

    2016-01-01

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

  16. [Teenage pregnancies, legal aspects].

    PubMed

    Rogue, Fanny

    2016-01-01

    Minor girls are legally considered as incapable, under the authority of their parents. Difficulties can arise when a minor becomes pregnant. The law takes account of this situation: under certain conditions, she can decide by herself to undertake certain actions, medical or otherwise, without the consent of her parents. These include access to contraception, abortion or anonymous birth. PMID:27444530

  17. Legal Liabilities of Administrators.

    ERIC Educational Resources Information Center

    Underwood, Julie

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

  18. Irresistible impulse: legal viewpoint.

    PubMed

    Borichansky, L

    1989-01-01

    The legal point of view concerning irresistible impulse as an exemption from criminal liability is discussed. A defendant who pleads that at the time of committing an illegal act he was suffering from a mental disease must prove to the court that his version is the most possible one.

  19. Legal Challenges and Opportunities

    ERIC Educational Resources Information Center

    Heyward, Salome

    2011-01-01

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

  20. Legalization White Paper.

    ERIC Educational Resources Information Center

    United States Catholic Conference, Washington, DC.

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

  1. Euthanasia: Some Legal Considerations

    ERIC Educational Resources Information Center

    Koza, Pamela

    1976-01-01

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

  2. Preventing Legal Headaches.

    ERIC Educational Resources Information Center

    Petzko, Vicki Nord

    2001-01-01

    Teachers continue to be underinformed about legal issues affecting schools. Litigation and case law since 1998 suggest that principals should provide teachers with additional training in the areas of school violence, school prayer, sexual harassment, the Individuals with Disabilities Education Act, data privacy, and student suicide. (MLH)

  3. A Legal Constant

    ERIC Educational Resources Information Center

    Taylor, Kelley R.

    2009-01-01

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

  4. Characterization and Legal Discourse.

    ERIC Educational Resources Information Center

    Little, Laura E.

    1996-01-01

    A discourse technique, re-framing a dispute in terms favorable to the speaker, is discussed as it has implications for lawyering and legal education. Literature on this approach to argument is reviewed, addressing such issues as constructive and destructive forms and avoidance of confrontation; and several discourse models are outlined. The…

  5. Analysis: A Legal Perspective.

    PubMed

    Schwartz, Jack

    2016-01-01

    This commentary summarizes the uncertain state of the law regarding consent for posthumous gamete retrieval. The emergence of a legal framework will be aided by the kind of ethical analysis prompted by this family's request for removal and preservation of a deceased patient's ovaries. PMID:27045308

  6. Minimally legally invasive dentistry.

    PubMed

    Lam, R

    2014-12-01

    One disadvantage of the rapid advances in modern dentistry is that treatment options have never been more varied or confusing. Compounded by a more educated population greatly assisted by online information in an increasingly litigious society, a major concern in recent times is increased litigation against health practitioners. The manner in which courts handle disputes is ambiguous and what is considered fair or just may not be reflected in the judicial process. Although legal decisions in Australia follow a doctrine of precedent, the law is not static and is often reflected by community sentiment. In medical litigation, this has seen the rejection of the Bolam principle with a preference towards greater patient rights. Recent court decisions may change the practice of dentistry and it is important that the clinician is not caught unaware. The aim of this article is to discuss legal issues that are pertinent to the practice of modern dentistry through an analysis of legal cases that have shaped health law. Through these discussions, the importance of continuing professional development, professional association and informed consent will be realized as a means to limit the legal complications of dental practice.

  7. Mediation and Legal Literacy

    ERIC Educational Resources Information Center

    Tomlinson, Elizabeth C.

    2010-01-01

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

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

    ERIC Educational Resources Information Center

    Data Quality Campaign, 2011

    2011-01-01

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

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

    PubMed

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

    2013-09-01

    Medical child protection includes besides interdisciplinary diagnostics and treatment of physical and psychological symptoms also a discussion that looks at the ensuing legal consequences.This study analyses 21 criminally investigated cases of suspected child abuse from a 2 year study period and compares severity of injury to legal outcome.7 of those 21 criminal proceedings were already dropped by the prosecution and never went to trial. 4 of the 8 cases that led to a trial ended with a conviction. In all of the 4 cases that resulted in an acquittal the judges had been convinced that the child had been abused but found themselves unable to exactly identify the perpetrator. Our study's cases did not show a positive correlation between severity of injury and legal outcome.Diagnosing and treating children and minors within the context of medical child protection should always also include the ques-tion of possible legal consequences. The judicial process in cases of serious child abuse requires high medical expertise. Such expertise particularly includes the ability to determine the time of injury as exactly as possible and to provide precise written documentation of any medical findings. However, our study also shows that medical assessment is only one of many aspects in the legal response to child abuse. PMID:23975849

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

    PubMed

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

    2013-09-01

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

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

    PubMed

    Larsen, Ann-Claire

    2012-12-01

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

  12. Analysis - what is legal medicine?

    PubMed

    Beran, Roy G

    2008-04-01

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

  13. Did Legalized Abortion Lower Crime?

    ERIC Educational Resources Information Center

    Joyce, Ted

    2004-01-01

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

  14. Analysis - what is legal medicine?

    PubMed

    Beran, Roy G

    2008-04-01

    Legal medicine addresses the interface between medicine and law in health care. The Australian College of Legal Medicine (ACLM) established itself as the peak body in legal and forensic medicine in Australia. It helped establish the Expert Witness Institute of Australia (EWIA), the legal medicine programme at Griffith University and contributes to government enquiries. Public health, disability assessment, competing priorities of privacy verses notification and determination of fitness for a host of pursuits are aspects of legal medicine. Complementing the EWIA, the ACLM runs training programmes emphasising legal medicine skills additional to clinical practice, advocating clinical relevance. Assessment of athletes' fitness and ensuring that prohibited substances are not inadvertently prescribed represent a growing area of legal medicine. Ethical consideration of health care should respect legal medicine principles rather than armchair commentary. International conventions must be respected by legal medicine and dictate physicians' obligations. The NSW courts imposed a duty to provide emergency medical care. Migration and communicable diseases are aspects of legal medicine. Police surgeons provide a face to legal medicine (which incorporates forensic medicine) underpinning its public perception of specialty recognition. Legal medicine deserves its place as a medical specialty in its own right. PMID:18313010

  15. Immigrant health: legal tools/legal barriers.

    PubMed

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

    2002-01-01

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

  16. 32 CFR 727.6 - Functions of legal assistance officers.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... problems, business ventures, or matters that are not of a personal nature. Legal assistance duties are... including the ethical considerations under the Code of Professional Responsibility of the American...

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

    ERIC Educational Resources Information Center

    Bruce, Nigel

    2002-01-01

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

  18. 48 CFR 801.602-82 - Documents to submit for legal or technical review-general.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... legal or technical review-general. 801.602-82 Section 801.602-82 Federal Acquisition Regulations System... Development, Contracting Authority, and Responsibilities 801.602-82 Documents to submit for legal or technical review—general. Table 801.602-82 specifies the documents that must be submitted when a legal or...

  19. 48 CFR 801.602-82 - Documents to submit for legal or technical review-general.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... legal or technical review-general. 801.602-82 Section 801.602-82 Federal Acquisition Regulations System... Development, Contracting Authority, and Responsibilities 801.602-82 Documents to submit for legal or technical review—general. Table 801.602-82 specifies the documents that must be submitted when a legal or...

  20. 48 CFR 801.602-82 - Documents to submit for legal or technical review-general.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... legal or technical review-general. 801.602-82 Section 801.602-82 Federal Acquisition Regulations System... Development, Contracting Authority, and Responsibilities 801.602-82 Documents to submit for legal or technical review—general. Table 801.602-82 specifies the documents that must be submitted when a legal or...

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

    ERIC Educational Resources Information Center

    Northcott, Jill; Brown, Gillian

    2006-01-01

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

  2. [Relation of maturity for responsibility according to section 3 JGG to the legal liability question according to sections 20, 21 StGB].

    PubMed

    Rüth, U

    1994-06-01

    Psychiatric Assessment of juvenile offenders deals with criteria of maturity on the one hand as well as psychiatric disorders as factors of lessened responsibility on the other. Rivalry of both in German criminal legislation for youths between 14 and 18 is discussed, especially as regards aspects of practical proceedings.

  3. 48 CFR 801.602-82 - Documents to submit for legal or technical review-general.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... DEPARTMENT OF VETERANS AFFAIRS GENERAL DEPARTMENT OF VETERANS AFFAIRS ACQUISITION REGULATION SYSTEM Career Development, Contracting Authority, and Responsibilities 801.602-82 Documents to submit for legal or...

  4. Legal regime of human activities in outer space law

    NASA Technical Reports Server (NTRS)

    Golda, Carlo

    1994-01-01

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

  5. HIV, drugs and the legal environment

    PubMed Central

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

    2014-01-01

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

  6. Pathways to legal immigration

    PubMed Central

    MASSEY, DOUGLAS S.; MALONE, NOLAN

    2010-01-01

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

  7. Argumentation in Legal Reasoning

    NASA Astrophysics Data System (ADS)

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

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

  8. Legal considerations for document delivery services.

    PubMed Central

    Bunting, A

    1994-01-01

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

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

    ERIC Educational Resources Information Center

    Sharf, James C.

    1976-01-01

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

  10. Legality Principle of Crimes and Punishments in Iranian Legal System

    ERIC Educational Resources Information Center

    Habibzadeh, Mohammad Ja'far

    2006-01-01

    The Principle of legality of crimes and punishments (nullum crimen, nulla poena sine lege) refers to the fact that an act is not considered a crime and deserves no punishment, unless the Legislator determines and announces the criminal title and its penalty before. The legality principle protects individual security by ensuring basic individual…

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

    PubMed

    Judge, Abigail M

    2012-01-01

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

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

    PubMed

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

    2016-06-01

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

  13. Medical marijuana: legal considerations.

    PubMed

    Schouten, J T

    1999-01-01

    In 1998, Washington State passed a law, Initiative 692 (I-692), that gives individuals who are charged with possession of marijuana for medical purposes a possible affirmative defense. The law lets these individuals provide a note from their doctor or a copy of their medical records stating they have a condition that may benefit from the use of marijuana. I-692 does not legalize the medical use of marijuana and does not affect Federal law, which makes obtaining, possessing, and growing marijuana illegal. The Washington law limits the amount of marijuana a patient can possess to a 60-day supply and defines the conditions for which medical marijuana may be used. These conditions include HIV, cancer, multiple sclerosis, and epilepsy.

  14. Representation of Legal Knowledge for Conceptual Retrieval.

    ERIC Educational Resources Information Center

    Cross, George R.; deBessonet, Cary G.

    1985-01-01

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

  15. Legal Citation at a Crossroads

    ERIC Educational Resources Information Center

    Bast, Carol; Harrell, Susan W.

    2004-01-01

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

  16. Legal Language, on the Fly

    ERIC Educational Resources Information Center

    Monaghan, Peter

    2006-01-01

    US federal, state, and municipal courts are facing a severe shortage of qualified interpreters as the non-English-speaking population in the country soars. Virginia Benmaman, a professor of Hispanic studies and legal interpretation advocate, runs a bilingual legal interpretation program at the College of Charleston that helps students tackle the…

  17. Legal Reasoning and Jury Deliberations.

    ERIC Educational Resources Information Center

    Rotenberg, Ken J.; Hurlbert, Mike J.

    1992-01-01

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

  18. Legal Administrative Systems. Curriculum Guide.

    ERIC Educational Resources Information Center

    Patton, Jan

    This curriculum guide provides materials for teachers to use in developing a course in legal administrative systems. Following an introductory section that lists the common essential elements of the course, the guide contains six sections that cover the following course topics: (1) introduction to legal administrative systems; (2) word processing;…

  19. Legal Aspects of the Web.

    ERIC Educational Resources Information Center

    Borrull, Alexandre Lopez; Oppenheim, Charles

    2004-01-01

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

  20. Legalizing Farmworkers: The 2002 Outlook.

    ERIC Educational Resources Information Center

    Martin, Philip

    2002-01-01

    Discusses proposals for a new guest worker program with Mexico, reviewing characteristics of U.S. farmworkers, the current federal H-2A program for admitting legal guest workers for farm work, major proposals being debated to turn unauthorized into legal farmworkers, and new considerations after September 11 that may affect the negotiations. (SM)

  1. 75 FR 3893 - Legal Processes

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-01-25

    ... Patent and Trademark Office Legal Processes ACTION: Proposed collection; comment request. SUMMARY: The... United States Patent and Trademark Office (USPTO). The rules for these legal processes may be found under 37 CFR Part 104, which outlines procedures for service of process, demands for employee testimony...

  2. 78 FR 14079 - Legal Processes

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-03-04

    ... United States Patent and Trademark Office Legal Processes ACTION: Proposed collection; comment request... Patent and Trademark Office (USPTO). The rules for these legal processes may be found under 37 CFR Part 104, which outlines procedures for service of process, demands for employee testimony and...

  3. 28 CFR 543.11 - Legal research and preparation of legal documents.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 28 Judicial Administration 2 2012-07-01 2012-07-01 false Legal research and preparation of legal documents. 543.11 Section 543.11 Judicial Administration BUREAU OF PRISONS, DEPARTMENT OF JUSTICE INSTITUTIONAL MANAGEMENT LEGAL MATTERS Inmate Legal Activities § 543.11 Legal research and preparation of legal documents. (a) The Warden shall...

  4. Public Health Legal Preparedness in Indian Country

    PubMed Central

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

    2009-01-01

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

  5. Overlapping universe: understanding legal insanity and psychosis.

    PubMed

    Torry, Zachary D; Billick, Stephen B

    2010-09-01

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

  6. Attitudes to legalizing cannabis use.

    PubMed

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

    2016-09-01

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

  7. 32 CFR 727.6 - Functions of legal assistance officers.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... including the ethical considerations under the Code of Professional Responsibility of the American Bar... independent professional judgment on behalf of his client within the standards promulgated in the Code of Professional Responsibility and the specific limitations imposed in this part. (d) Professional legal...

  8. Legal aspects of service robotics.

    PubMed

    Dreier, Thomas; Spiecker Genannt Döhmann, Indra

    2012-12-01

    The emergent use of service robots in more and more areas of social life raises a number of legal issues which have to be addressed in order to apply and adapt the existing legal framework to this new technology. The article provides an overview of law as a means to regulate and govern technology and discusses fundamental issues of the relationship between law and technology. It then goes on to address a number of relevant problems in the field of service robotics. In particular, these issues include the organization of administrative control and the legal liability regime which applies to service robots. Also, the issue of autonomy of service robots is discussed, which cannot easily be answered under the existing, human-centered legal regime.

  9. Business School Internships: Legal Concerns.

    ERIC Educational Resources Information Center

    Swift, Cathy Owens; Kent, Russell

    1999-01-01

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

  10. Legal Aspects of Faculty Reduction.

    ERIC Educational Resources Information Center

    Hendrickson, Robert M.

    1981-01-01

    A well-designed database, carefully defined procedures, and consultation with legal counsel can greatly reduce the prospect of costly litigation associated with retrenchment. Tenure contracts, case law on financial exigency, due process, and liability are discussed. (Author/LB)

  11. Performance Contracting: Making It Legal

    ERIC Educational Resources Information Center

    Martin, Reed

    1971-01-01

    Discusses the possible limits on the legal authority of a school to contract with private enterprise for instructional services. The proper procedure for entering into such a contract is discussed. (JF)

  12. Indian legal system and mental health.

    PubMed

    Narayan, Choudhary Laxmi; Shikha, Deep

    2013-01-01

    Although there was a rich tradition of legal system in Ancient India, the present judicial system of the country derives largely from the British system and is based on English Common Law, a system of law based on recorded judicial precedents. Earlier legislations in respect of mental health were primarily concerned with custodial aspects of persons with mental illness and protection of the society. Indian laws are also concerned with determination of competency, diminished responsibility and/or welfare of the society. United Nations Convention for Rights of Persons with Disabilities (UNCRPD) was adopted in 2006, which marks a paradigm shift in respect of disabilities (including disability due to mental illness) from a social welfare concern to a human right issue. The new paradigm is based on presumption of legal capacity, equality and dignity. Following ratification of the convention by India in 2008, it became obligatory to revise all the disability laws to bring them in harmony with the UNCRPD. Therefore, the Mental Health Act - 1987 and Persons with Disability Act - 1995 are under process of revision and draft bills have been prepared. Human right activists groups are pressing for provisions for legal capacity for persons with mental illness in absolute terms, whereas the psychiatrists are in favor of retaining provisions for involuntary hospitalization in special circumstances.

  13. Indian legal system and mental health

    PubMed Central

    Narayan, Choudhary Laxmi; Shikha, Deep

    2013-01-01

    Although there was a rich tradition of legal system in Ancient India, the present judicial system of the country derives largely from the British system and is based on English Common Law, a system of law based on recorded judicial precedents. Earlier legislations in respect of mental health were primarily concerned with custodial aspects of persons with mental illness and protection of the society. Indian laws are also concerned with determination of competency, diminished responsibility and/or welfare of the society. United Nations Convention for Rights of Persons with Disabilities (UNCRPD) was adopted in 2006, which marks a paradigm shift in respect of disabilities (including disability due to mental illness) from a social welfare concern to a human right issue. The new paradigm is based on presumption of legal capacity, equality and dignity. Following ratification of the convention by India in 2008, it became obligatory to revise all the disability laws to bring them in harmony with the UNCRPD. Therefore, the Mental Health Act – 1987 and Persons with Disability Act – 1995 are under process of revision and draft bills have been prepared. Human right activists groups are pressing for provisions for legal capacity for persons with mental illness in absolute terms, whereas the psychiatrists are in favor of retaining provisions for involuntary hospitalization in special circumstances. PMID:23858251

  14. [Biopiracy: about its legal meanings].

    PubMed

    Ramírez García, Hugo Saúl

    2009-01-01

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

  15. [Artificial insemination as a legal problem].

    PubMed

    Nesterowicz, M

    1977-08-01

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

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

    PubMed

    Barnes, R E

    2000-01-01

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

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

    PubMed

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

    2014-11-01

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

  18. Legal madness in the nineteenth century.

    PubMed

    Bartlett, P

    2001-01-01

    Legal sources remain under-exploited in the history of madness, and the legal character of some documents is sometimes unrecognized. This article examines the inter-relations between legal and medical histories of madness, and discusses use and availability of nineteenth-century legal source material relating to criminal insanity, mental incapacity, and the confinement of the insane.

  19. 38 CFR 13.58 - Legal custodian.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

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

  20. 32 CFR 724.703 - Legal counsel.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 32 National Defense 5 2011-07-01 2011-07-01 false Legal counsel. 724.703 Section 724.703 National... Organization of the Naval Discharge Review Board § 724.703 Legal counsel. Normally, the NDRB shall function without the immediate attendance of legal counsel. In the event that a legal advisory opinion is...

  1. 32 CFR 724.703 - Legal counsel.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 32 National Defense 5 2010-07-01 2010-07-01 false Legal counsel. 724.703 Section 724.703 National... Organization of the Naval Discharge Review Board § 724.703 Legal counsel. Normally, the NDRB shall function without the immediate attendance of legal counsel. In the event that a legal advisory opinion is...

  2. 40 CFR 60.26 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 40 Protection of Environment 6 2010-07-01 2010-07-01 false Legal authority. 60.26 Section 60.26... Legal authority. (a) Each plan shall show that the State has legal authority to carry out the plan... designated pollutant(s) for which the plan is submitted. (c) The plan shall show that the legal...

  3. 38 CFR 13.58 - Legal custodian.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

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

  4. 14 CFR 77.47 - Legal officer.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

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

  5. Navigating legal issues in academic nursing.

    PubMed

    Pressler, Jana L; Kenner, Carole A

    2014-01-01

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

  6. The legal status of Uncertainty

    NASA Astrophysics Data System (ADS)

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

    2011-03-01

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

  7. Legal Literacy for Teachers

    ERIC Educational Resources Information Center

    Schimmel, David; Militello, Matthew

    2008-01-01

    Principals are the chief teachers of law in their schools. However, many principals would say that teaching law is not in their job description and that they do not need another responsibility, but intentional or not, most principals already teach law--in staff meetings; in teacher conferences; in informal conversations; and when they develop,…

  8. Defeasible reasoning with legal conditionals.

    PubMed

    Gazzo Castañeda, Lupita Estefania; Knauff, Markus

    2016-04-01

    Valid conclusions can be defeated if people can think of conditions that prevent the consequent to occur although the antecedent is given. The goal of the present research was to investigate how people consider these conditions when reasoning with legal conditionals such as "If a person kills another human, then this person should be punished for manslaughter." In Experiments 1 and 2 legal conditionals were presented to participants together with exculpatory circumstances, i.e., counterexamples. The participants' task was to decide whether they would adhere to the legal conditional rule and punish the offender. Participants were either lawyers (i.e., advanced law students and graduate lawyers) or legal laypeople. We found that laypeople often ignore exculpatory circumstances and adhere to the conditional rule when offences evoked high levels of moral outrage. Lawyers did not show this effect. In Experiment 3 laypeople showed difficulties even when asked to simply imagine exculpatory circumstances for highly morally outrageous offences. Results provide new evidence for the role of emotions--like moral outrage--in the consideration of counterexamples to legal conditionals. PMID:26689704

  9. Legal Issues for the Medical Director.

    PubMed

    Trulove, William G

    2015-09-01

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

  10. Legal considerations in a nuclear detonation.

    PubMed

    Sherman, Susan E

    2011-03-01

    This article summarizes public health legal issues that need to be considered in preparing for and responding to nuclear detonation. Laws at the federal, state, territorial, local, tribal, and community levels can have a significant impact on the response to an emergency involving a nuclear detonation and the allocation of scarce resources for affected populations. An understanding of the breadth of these laws, the application of federal, state, and local law, and how each may change in an emergency, is critical to an effective response. Laws can vary from 1 geographic area to the next and may vary in an emergency, affording waivers or other extraordinary actions under federal, state, or local emergency powers. Public health legal requirements that are commonly of concern and should be examined for flexibility, reciprocity, and emergency exceptions include liability protections for providers; licensing and credentialing of providers; consent and privacy protections for patients; occupational safety and employment protections for providers; procedures for obtaining and distributing medical countermeasures and supplies; property use, condemnation, and protection; restrictions on movement of individuals in an emergency area; law enforcement; and reimbursement for care. PMID:21402813

  11. Legal considerations in a nuclear detonation.

    PubMed

    Sherman, Susan E

    2011-03-01

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

  12. Legal Issues for the Medical Director

    PubMed Central

    2015-01-01

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

  13. Legal Issues for the Medical Director.

    PubMed

    Trulove, William G

    2015-09-01

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

  14. [Legal aspects of toxicological care].

    PubMed

    Teijeira, R

    2003-01-01

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

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

    ERIC Educational Resources Information Center

    Remley, Theodore P., Jr.; And Others

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

  16. Legal Issues in the Transition to Public School for Handicapped Infants and Children.

    ERIC Educational Resources Information Center

    Weber, Mark C.; Binkelman, Mary

    1990-01-01

    Looks at the general legal entitlements of preschool handicapped children. Discusses school districts' responsibilities regarding accepting applications for service; evaluating the child; and devising a placement. Concludes with a discussion of legal remedies available when school districts fail to comply with their duties. (MLF)

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

    ERIC Educational Resources Information Center

    Sughrue, Jennifer; Driscoll, Lisa G.

    2012-01-01

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

  18. Legal and Program Issues Related to Child Custody and Late Parents.

    ERIC Educational Resources Information Center

    Southern Regional Education Board, Atlanta, GA. Training for Child Care Project.

    This bulletin, the third in a series on selected issues in day care, addresses two problems involving legal issues: (1) what are the implications for the day care program when parents or other legal guardians are involved in a dispute over the custody of children? and (2) what are the rights and responsibilities of day care programs when parents…

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

    ERIC Educational Resources Information Center

    Cameron, Craig; Klopper, Christopher

    2015-01-01

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

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

    ERIC Educational Resources Information Center

    Sacks, Albert M.

    1984-01-01

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

  1. Avoiding the Legal “Blemish”

    PubMed Central

    Michaels, Brent D.; Momin, Saira B.

    2009-01-01

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

  2. AIDS and Persons with Developmental Disabilities: The Legal Perspective.

    ERIC Educational Resources Information Center

    Rennert, Sharon; And Others

    This report provides lawyers and service providers with legal information and analysis about issues affecting persons with developmental disabilities and Acquired Immune Deficiency Syndrome (AIDS). The report reviews relevant medical facts, discusses federal and state laws which define the rights and responsibilities of disabled individuals and…

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

    ERIC Educational Resources Information Center

    Zirkel, Perry A.; Brown, Brenda Eagan

    2015-01-01

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

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

    ERIC Educational Resources Information Center

    Sussman, Marvin B.

    1983-01-01

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

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

    ERIC Educational Resources Information Center

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

    2008-01-01

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

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

    ERIC Educational Resources Information Center

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

    2016-01-01

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

  7. Instructional Materials Approved for Legal Compliance, 1987-88.

    ERIC Educational Resources Information Center

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

    The instructional materials listed in this document were reviewed by a California Legal Compliance Committee using the social content requirements of the Educational Code concerning the depiction of males and females, ethnic groups, older persons, disabled persons, and others to ensure that the materials were responsive to social concerns.…

  8. [Legal aspects of hyperkinetic disorders/ADHD].

    PubMed

    Hässler, F; Reis, O; Buchmann, J; Bohne-Suraj, S

    2008-07-01

    With a prevalence of 2-6%, hyperkinetic disorders (F 90, ICD-10) and disturbances of activity and attention (F 90.0, ADHD, ICD-10) are among the psychiatric disorders most commonly diagnosed in children, adolescents, and adults. Children and adolescents diagnosed with ADHD suffer from hyperactivity and deficits in attention and impulse control. Adults usually have problems focusing on one goal, maintaining their attention, modulating emotions effectively, structuring their tasks, and controlling impulses and in executive functions. Legal implications derive from core symptoms and from treatment with stimulants governed by legislation on narcotics. This paper discusses juridical aspects of ADHD in connection with the administration of medication at school, trips abroad within and outside the Schengen area, driving, competitive sports, military service, the increased risk of delinquency, the individual capacity to incur criminal responsibility, developmental criteria for the ability to act responsibly, and modalities for withdrawal treatment or treatment during detention.

  9. PLATO, EDUCOM, and Legal Education.

    ERIC Educational Resources Information Center

    Munro, Robert J.; Noah, Dennis

    1979-01-01

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

  10. The Legality of Chicano Education.

    ERIC Educational Resources Information Center

    Floca, Kathryn Priscilla Haines

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

  11. Contemporary Legal Issues in Education.

    ERIC Educational Resources Information Center

    McGhehey, M. A., Ed.

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

  12. Student Centred Legal Language Study.

    ERIC Educational Resources Information Center

    Leahy, Christine

    1998-01-01

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

  13. Legal Education Reform: Modest Suggestions.

    ERIC Educational Resources Information Center

    Watson, Alan

    2001-01-01

    Based on harsh criticism of legal education by students, offers suggestions for improvement that do not require additional time for law studies, will increase the exposure of students both to law as practice and to law as an intellectual discipline, and involve no greater burden on law schools. A main suggestion involves elimination of teaching…

  14. Janet Benshoof: Master Legal Activist.

    ERIC Educational Resources Information Center

    Subotnik, Rena F.

    1995-01-01

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

  15. Legal Scholarship as a Vocation.

    ERIC Educational Resources Information Center

    Luban, David

    2001-01-01

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

  16. Legal Aspects of Pupil Transportation.

    ERIC Educational Resources Information Center

    Mawdsley, Ralph D.

    The legal aspects of pupil transportation are examined, including the liability of various factions for transportation decisions and the duty of school districts to provide adequate transportation. Discussed are court decisions dealing with such complex topics as transportation of special education students, transportation for purpose of…

  17. [The debate over drug legalization].

    PubMed

    Babín Vich, Francisco de Asís

    2013-01-01

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

  18. [Legal aspects of ritual circumcision].

    PubMed

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

    2009-12-01

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

  19. Legal Education in China Today.

    ERIC Educational Resources Information Center

    Macdonald, R. St. J.

    1980-01-01

    Education in law, which was suspended during the 1976 Chinese Cultural Revolution, is now being steadily developed. Since 1978 the concept of law nihilism has been repudiated, juridical debate has expanded, publications and translated articles are appearing, and legal advisory offices have reappeared. (MSE)

  20. Legal Aspects of Fuel Shortage

    ERIC Educational Resources Information Center

    Hill, Frederick W.

    1974-01-01

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

  1. School Safety & the Legal Community.

    ERIC Educational Resources Information Center

    Nicholson, George; And Others

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

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

    ERIC Educational Resources Information Center

    Nyquist, Curtis

    2002-01-01

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

  3. Legal trends in bioethics.

    PubMed

    Onel, S; Fry-Revere, S

    1992-01-01

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

  4. Legal issues in clinical nursing education.

    PubMed

    Patton, Carla Wheeler; Lewallen, Lynne Porter

    2015-01-01

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

  5. Complementary therapies in pediatrics: a legal perspective.

    PubMed

    Cohen, Michael H; Kemper, Kathi J

    2005-03-01

    Increasing use of complementary and alternative medicine (CAM) therapies such as chiropractic, massage therapy, and herbal medicine, raises questions about the clinically appropriate use of CAM in pediatrics. Nonjudicious use of CAM therapies may cause either direct harm or, by creating an unwarranted financial and emotional burden, indirect harm. When advising patients concerning CAM therapies, pediatricians face 2 major legal risks: medical malpractice and professional discipline. Pediatricians can incorporate these considerations into advising and clinical decision-making about CAM therapies to address the best interest of the pediatric patient while helping to manage potential liability risk. This article provides a suggested framework, including asking the following questions: (1) Do parents elect to abandon effective care when the child's condition is serious or life-threatening? (2) Will use of the CAM therapy otherwise divert the child from imminently necessary conventional treatment? (3) Are the CAM therapies selected known to be unsafe and/or ineffective? (4) Have the proper parties consented to the use of the CAM therapy? (5) Is the risk-benefit ratio of the proposed CAM therapy acceptable to a reasonable, similarly situated clinician, and does the therapy have at least minority acceptance or support in the medical literature? Such an approach ideally can help guide the pediatrician toward clinical conduct that is clinically responsible, ethically appropriate, and legally defensible. PMID:15741385

  6. [Temporary disability and its legal implications].

    PubMed

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

    2014-03-01

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

  7. [Temporary disability and its legal implications].

    PubMed

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

    2014-03-01

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

  8. 34 CFR 85.965 - Legal proceedings.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

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

  9. Anticipating Legal Issues in Higher Education

    ERIC Educational Resources Information Center

    Janosik, Steven M.

    2005-01-01

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

  10. "Legal Language": Varieties, Genres, Registers, Discourses.

    ERIC Educational Resources Information Center

    Kurzon, Dennis

    1997-01-01

    Analyzes classification of "legal language," clarifying terms such as "variety,""genre,""register," and "discourse," and related issues in languages for special purposes, particularly as they apply to professions. Argues that "genre," not "register," is the most appropriate term for legal language, and that study of legal discourse should focus on…

  11. A Storytelling Learning Model for Legal Education

    ERIC Educational Resources Information Center

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

    2014-01-01

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

  12. Organizational Factors Affecting Legalization in Education.

    ERIC Educational Resources Information Center

    Meyer, John W.

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

  13. International Practice and Comparative Legal Studies.

    ERIC Educational Resources Information Center

    Cummins, Richard J.

    1985-01-01

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

  14. Same-Sex Couples: Legal Complexities

    ERIC Educational Resources Information Center

    Oswald, Ramona Faith; Kuvalanka, Katherine A.

    2008-01-01

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

  15. A New Approach to Campus Legal Services.

    ERIC Educational Resources Information Center

    Roster, Michael; Woodward, Linda

    1996-01-01

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

  16. 20 CFR 725.422 - Legal assistance.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

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

  17. 29 CFR 98.965 - Legal proceedings.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

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

  18. 5 CFR 919.965 - Legal proceedings.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

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

  19. 2 CFR 180.965 - Legal proceedings.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

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

  20. 31 CFR 3.22 - Legal review.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

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

  1. 40 CFR 52.775 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

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

  2. 40 CFR 52.06 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

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

  3. 31 CFR 19.965 - Legal proceedings.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

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

  4. 40 CFR 52.874 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

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

  5. 40 CFR 52.775 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

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

  6. 40 CFR 62.4623 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

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

  7. 31 CFR 3.3 - Legal review.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

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

  8. 22 CFR 1508.965 - Legal proceedings.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

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

  9. 31 CFR 19.965 - Legal proceedings.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

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

  10. 40 CFR 52.1325 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

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

  11. 29 CFR 98.965 - Legal proceedings.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

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

  12. 29 CFR 1471.965 - Legal proceedings.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

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

  13. 28 CFR 540.19 - Legal correspondence.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

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

  14. 22 CFR 1006.965 - Legal proceedings.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

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

  15. 22 CFR 1508.965 - Legal proceedings.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

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

  16. 22 CFR 208.965 - Legal proceedings.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

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

  17. 14 CFR 77.47 - Legal officer.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

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

  18. 40 CFR 52.06 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

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

  19. 29 CFR 1471.965 - Legal proceedings.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

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

  20. 28 CFR 0.13 - Legal proceedings.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

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

  1. 40 CFR 62.4623 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

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

  2. 20 CFR 725.422 - Legal assistance.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

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

  3. 22 CFR 1006.965 - Legal proceedings.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

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

  4. 5 CFR 919.965 - Legal proceedings.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

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

  5. 40 CFR 62.05 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

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

  6. 33 CFR 327.6 - Legal adviser.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

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

  7. 29 CFR 1912.41 - Legal services.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

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

  8. 40 CFR 62.05 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

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

  9. 28 CFR 540.19 - Legal correspondence.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

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

  10. 40 CFR 52.1325 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

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

  11. 22 CFR 208.965 - Legal proceedings.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

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

  12. 21 CFR 1404.965 - Legal proceedings.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

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

  13. 7 CFR 3017.965 - Legal proceedings.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

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

  14. 33 CFR 327.6 - Legal adviser.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

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

  15. 28 CFR 0.13 - Legal proceedings.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Legal proceedings. 0.13 Section 0.13... Attorney General § 0.13 Legal proceedings. (a) Each Assistant Attorney General and Deputy Assistant... to conduct any legal proceeding, civil or criminal, including grand jury proceedings and...

  16. 29 CFR 1912.41 - Legal services.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

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

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

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... program or work assignment), to do legal research and to prepare legal documents. Where practical, the... preparation of legal documents for submission to a court or other judicial body. (2) Except as provided for in... scheduled by staff, duplicate legal documents if the inmate demonstrates that more than one copy must...

  18. 28 CFR 543.11 - Legal research and preparation of legal documents.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... program or work assignment), to do legal research and to prepare legal documents. Where practical, the... preparation of legal documents for submission to a court or other judicial body. (2) Except as provided for in... scheduled by staff, duplicate legal documents if the inmate demonstrates that more than one copy must...

  19. Legal pathways for cross-border research: building a legal platform for biomedical academia.

    PubMed

    Bovenberg, Jasper A

    2007-05-01

    A proposal for the development of a dynamic, online, grass roots WIKI+ legal platform for sharing, discussing, validating and issuing authoritative and reliable legal forms and standards to aid the (European) biomedical research community in navigating the legal pathways that govern cross-border, multi-jurisdictional (EU) research (legal platform). PMID:17327881

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

    PubMed

    Beran, Roy G

    2010-04-01

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

  1. Digital Identity - The Legal Person?

    NASA Astrophysics Data System (ADS)

    Sullivan, Clare

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

  2. Legal dimensions of adolescent sexuality.

    PubMed

    Mykitiuk, Roxanne; Turnham, Stephanie

    2004-11-01

    The ethical and legal obligations with respect to treating a minor can be confusing, particularly in the areas of consent to treatment, confidentiality, and parental involvement. The clinician must be aware of the appropriate course of practice when the patient is an adolescent seeking care for contraception, pregnancy, or sexually transmitted infections. This article examines a number of ethical and legal issues that arise when providing reproductive and sexual health care to an adolescent and offers recommendations for the physician's most appropriate courses of action regarding adolescent patients and the age of consent to sexual activity, reporting of child abuse, provision of reproductive and sexual health care to a minor, assessing an adolescent's capacity to consent to treatment, the physician's duty of confidentiality, and the exceptions to the rule of confidentiality. PMID:15560862

  3. Legal developments in assisted reproduction.

    PubMed

    Dickens, Bernard M

    2008-05-01

    Courts have been quite consistent in allowing ex-partners in marriages or similar relationships, usually men, to veto the other partner's reproductive use of jointly-created IVF embryos. This supports the principle of voluntary parenthood. In contrast, child custody disputes following surrogate motherhood may favor the commissioning couple or the surrogate. Decisive are the best interests of the child, which a court may find favorable to the former or the latter, or custody shared between them. Preimplantation genetic diagnosis (PGD) may be restricted by governmental licensing regulations, and raises concerns about diagnosis showing noninheritance of a feared disorder, but not other conditions harming a subsequently born child. Travel abroad raises concerns of legality. Some countries explicitly allow nationals to go to other countries for services legally barred in their own, but others would bind nationals by their prohibitive laws if they were to receive, or counsel, services abroad that are lawful where delivered. PMID:18289543

  4. Disaster behavioral health: legal and ethical considerations in a rapidly changing field.

    PubMed

    Flynn, Brian W; Speier, Anthony H

    2014-08-01

    Disaster behavioral health is increasingly regarded as a central part of disaster preparedness, response and recovery. Legal and ethical issues have received relatively little attention and have sparked divergent opinions. Optimally, understanding and applying legal and ethical considerations requires an understanding of the evolution of the disaster behavioral health field and the context of disaster response and recovery. In addition, there are many legal and ethical questions identified for consideration, and many ways to approach reaching understanding and consensus. Traditionally, discussions of disaster behavioral health, including legal and ethical issues, have not included understanding decision making processes that occur in extreme circumstances. Models which interpret disaster response operations as complex adaptive systems are presented for consideration as useful tools for preparing mental health workers for effectively delivering services in acute disaster response environments.

  5. Legal aspects of satellite teleconferencing

    NASA Technical Reports Server (NTRS)

    Smith, D. D.

    1971-01-01

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

  6. Are xenotransplantation safeguards legally viable?

    PubMed

    Florencio, P S; Ramanathan, E D

    2001-01-01

    Scientists agree on the need for robust public health safeguards to accompany the imminent introduction of xenotransplantation--clinical transplantation of animal tissue into humans. To protect society in the event of emerging infectious diseases, governments must devise a legally effective means of ensuring compliance with such safeguards. Neither consent law, the law of contracts, nor existing public health legislation can adequately enforce such compliance. Consent law serves as a mechanism of communicating the momentary waiver of legal rights, not as a durable enforcement doctrine. Because it would be essential for recipients personally to comply with public safety measures, the law of contracts would also be unable to compel compliance. Existing public health legislation would also likely be ineffective because it would need to be substantially amended to incorporate the heightened powers necessary for the periodic examination of asymptomatic xenotransplant recipients. Xenotransplantation-specific legislation would be a legally effective means of enforcing public health safeguards since it could require conforming behaviors and could impose monetary fines on those recipients who, having benefited from life-saving intervention, fail to comply. This Article argues that legislation implementing a post-xenotransplantation surveillance system should withstand constitutional scrutiny because it would not be discriminatory and because, although it would violate fundamental rights of recipients, such violations would be justified under existing constitutional doctrines. PMID:15212014

  7. Are xenotransplantation safeguards legally viable?

    PubMed

    Florencio, P S; Ramanathan, E D

    2001-01-01

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

  8. Coping with urban water shortages during drought: the effects of legal and administrative factors. Final report

    SciTech Connect

    Dziegielewski, B.; Ferrell-Dillard, R.; Beck, R.E.

    1992-04-01

    The study describes the results of a survey of 547 local water supply systems serving some 31 million residents of urban areas in the states of Alabama, California, Florida, Oklahoma, Tennessee and Wyoming. While examining the legal and administrative aspects of drought management, the survey also included the assessment of the current status of drought preparedness and long-term drought protection among the responding water supply systems. The rate of legal or administrative problems encountered during drought response was surprisingly low, affecting only twenty percent of all implementing systems. The low incidence of difficulties counters a widespread assumption that the legal environment frequently restrains or constricts drought response efforts.

  9. [Decubitus ulcers and wounds. Ethical and legal features].

    PubMed

    Santisteban Cano, Mar

    2005-01-01

    The author presented a conference at the 5th National Symposium on Bedsores, or Decubitus Ulcers, and Chronic Injuries. In our country there is no specific regulation on the medical-sanitary responsibility regarding decubitus ulcers, or bedsores, and other injuries; rather these regulations are covered by more general legal concepts such as the civil responsibility according to articles 1902 and 1903.4 of the "CC", the patrimonial responsibility the State has for the normal or abnormal functioning of the Sanitary Administration, and penal responsibility.

  10. Oil spills: Legal aspects. (Latest citations from the Selected Water Resources Abstracts database). Published Search

    SciTech Connect

    Not Available

    1993-07-01

    The bibliography contains citations concerning the legal aspects of oil spills. Topics include general perspectives on oil spills, EPA's response to oil spills, legal and corporate response to oil spills, public interest groups' attitudes on oil spills, and economic and political approaches to the problems caused by oil spills. Federal, state and local legislation dealing with these problems is emphasized. (Contains 250 citations and includes a subject term index and title list.)

  11. 28 CFR 543.15 - Legal aid program.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Legal aid program. 543.15 Section 543.15... Inmate Legal Activities § 543.15 Legal aid program. (a) A legal aid program which is funded or approved... Warden shall give those students or legal assistants working in legal aid programs the same status...

  12. Investigating correlation between legal and physical property: possibilities and constraints

    NASA Astrophysics Data System (ADS)

    Dimopoulou, E.; Kitsakis, D.; Tsiliakou, E.

    2015-06-01

    Contemporary urban environment is characterized by complexity and mixed use of space, in which overlapping land parcels and different RRRs (Rights, Restrictions and Responsibilities) are frequent phenomena. Internationally, real property legislation either focuses on surface property or has introduced individual 3D real property units. The former approach merely accommodates issues related to subdivision, expropriation and transactions on part of the real property above or below surface, while the latter provides for defining and registering 3D real property units. National laws require two-dimensional real property descriptions and only a limited number of jurisdictions provide for threedimensional data presentation and recording. International awareness on 3D Cadastre may be apparent through the proposals for transition of existing cadastral systems to 3D along with legal amendments improving national 3D Cadastre legislation. Concurrently the use of appropriate data sources and the correct depiction of 3D property units' boundaries and spatial relationships need to be addressed. Spatial relations and constraints amongst real world objects could be modeled geometrically and topologically utilizing numerous modeling tools, e.g. CityGML, BIM and further sophisticated 3D software or by adapting international standards, e.g. LADM. A direct correlation between legal and physical property should be based on consistent geometry between physical and legal space, improving the accuracy that legal spaces' volumes or locations are defined. To address these issues, this paper investigates correlation possibilities and constraints between legal and physical space of typical 3D property cases. These cases comprise buildings or their interior spaces with mixed use, as well as complex structures described by explicit facade patterns, generated by procedural or by BIM ready 3D models. The 3D models presented are evaluated, regarding compliancy to physical or legal reality.

  13. Legal prerequisites for ecosystem-based management in the Baltic Sea area: The example of eutrophication.

    PubMed

    Nilsson, Annika K; Bohman, Brita

    2015-06-01

    The purpose of this paper is to discuss the role of law in the management of the Baltic Sea, with focus on eutrophication. It aims to identify legal instruments or structures realizing an ecosystem approach. This also includes a discussion of the prerequisites of law as contributor to ecosystem-based management (EBM), as well as evaluation of current legal instruments. While ecosystem approach to environmental management is central to contemporary environmental management policy, it is still unclear what such an approach entails in concrete legal terms. The scope of the analysis stretches from international and EU legal regimes, to implementation and regulation within the national legal systems. A conclusion is that the management structures need further development to properly realize EBM, for example, through concretization of management measures, and clarification of duties and responsibilities for their realization.

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

    PubMed

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

    2014-04-01

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

  15. [Current legal problems of sterilization].

    PubMed

    Eser, A; Koch, H G

    1982-06-01

    Voluntary sterilization has not yet acquired comprehensive legal formulation. Thus there is a legal vacuum which physicians have attempted to fill by relying on their internal professional regulations. These provide for sterilization on an indication; however, an offense against this rule is not punishable in the courts. There is a prohibition, in particular, against so-called "courtesy sterilization," but this is of little significance today when so many social indications for sterilization can be found. But in general these professional regulations provide no useful assistance in deciding when a sterilization is permitted. In criminal law sterilization done by free will is not punishable nor is any indication required. The law deals in detail with the meaning and definition of the "free will" of the person being sterilized. This involves: capacity to have a free will, what to do about persons lacking that capacity (especially minors), and necessity to ensure that that woman understands all the consequences of sterilization. The civil courts have much more to do with sterilization than the criminal ones. One ground for suit is that the sterilization was "contrary to accepted morality," although the courts will generally hold that the woman herself cannot assert this claim. Another ground is lack of consent by the woman. Another ground is improper performance by the physician, i.e., malpractice. Thus the physician has to fear most the charges of no valid consent or malpractice. Questions of insurance law are also pertinent, since an insured person can be compensated for sterilization only if the procedure is legal.

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

    PubMed

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

    2015-10-01

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

  17. Legal aspects of genetic information.

    PubMed Central

    Andrews, L. B.

    1991-01-01

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

  18. Legal aspects of genetic information.

    PubMed

    Andrews, L B

    1991-01-01

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

  19. Father by law: effects of joint legal custody on nonresident fathers' involvement with children.

    PubMed

    Seltzer, J A

    1998-05-01

    Family membership and household composition do not always coincide. Joint legal custody after divorce formalizes the relationship between fathers and children who live apart. Policymakers hope that explicit acknowledgment of nonresident fathers' rights and responsibilities will increase their involvement with their children. I use prospective data from the National Survey of Families and Households to examine the association between joint legal custody and two aspects of nonresident fathers' contributions to their children--the frequency of visits between fathers and children and child-support payments. The analysis examines approximately 160 families in which parents divorced between interviews conducted for Wave 1 (1987-1988) and Wave 2 (1992-1994) of the survey. I investigate the effects of joint legal custody holding constant physical custody or replacement by restricting the analysis to children who live with their mothers most of the year. Controlling for socioeconomic status and the quality of family relationships before separation, fathers with joint legal custody see their children more frequently and have more overnight visits than do other fathers. The positive effect of joint legal custody on frequency of visits persists once unobserved differences among families are taken into account. Although fathers with joint legal custody pay more child support than those without joint legal custody, this difference lacks statistical significance when other family characteristics are taken into account. These findings support the view that joint legal custody may encourage some aspects of paternal involvement after divorce.

  20. Moral questions, legal answers, and biotechnological advances.

    PubMed

    Godlovitch, G

    1998-03-01

    Moral failing is usually construed as a personal flaw, but there is another construction: where morals fail people, where our moral precepts are silent. The author of this article argues that this happens nowadays where technological advances, such as genetic engineering in medicine, raise moral questions but get legal answers. By responding to the legal issues involved, the moral questions are pre-empted. This results in answers drawn from legal categories, often with commercial perspectives, but misses the larger moral dilemma.

  1. Minors and Sexting: Legal Implications.

    PubMed

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

    2016-03-01

    Sexting is the sending or forwarding of sexually explicit photographs or videos of the sender or someone known to the sender via cell phone. It has become common practice among young people, as cell phones are being given to adolescents at ever younger ages. Youths often send messages without giving appropriate thought to the content of the images. In studies on the subject, rates of minors who have sent sexual images range from 4 to 25 percent, depending on the age of the youths surveyed, the content of the messages and other factors. Because transferring and viewing sexually explicit material when the subject is a minor can be considered child pornography, there can be serious legal consequences. Several states have enacted legislation to help differentiate between child pornography and sexting by minors. The trend reflected in statutes has been that minors involved in sexting without other exacerbating circumstances should be charged with a less serious offense. There is no clear national consensus on how sexting by minors is adjudicated, and therefore we compared several statutes. Case examples are used to illustrate the range of legal outcomes, from felony charges to no charges. Two sexting episodes that were followed by suicide are described. We also address the role of the forensic mental health professional. PMID:26944746

  2. Minors and Sexting: Legal Implications.

    PubMed

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

    2016-03-01

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

  3. [Drugs legalization and public health].

    PubMed

    Laranjeira, Ronaldo

    2010-05-01

    The objective of this article is to: (1) evaluate the rationality and opportunity of this debate; (2) try to establish links with legal drugs; (3) evaluate the available data on the effect of legalization of a drug; and (4) propose an alternative drug police based on clear objectives to be reached; (5) describe how Sweden is dealing with the theme of drugs restriction as a social care. Methodologically the text constitutes in a summary of readings and elaborations of the author, placed to incite a discussion. It is concluded that four aspects need to be taken into consideration when a drug police of a country is analyzed, they are: (1) external factors influence the police: international agreements, health and social assistance police, individual rights, authority and autonomy of physicians and other professionals; (2) the objective established influence formal polices and its implementation; (3) the symbolic influence that excels the implementation. Influent people make declarations that strongly reach the legitimacy and adhesion to actions; (4) formal polices and their implementation receive direct influence to socially perceived damages by the drugs use, which could be independent of the real level of its use in a determined society.

  4. Planetary protection - some legal questions

    NASA Astrophysics Data System (ADS)

    Fasan, E.

    2004-01-01

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

  5. Planetary protection - some legal questions

    NASA Astrophysics Data System (ADS)

    Fasan, E.

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

  6. The legal basis of forensic psychiatry: statutorily mandated psychiatric diagnoses.

    PubMed

    Bloom, J D; Rogers, J L

    1987-07-01

    Using the Oregon statutory scheme as an example, the authors review certain areas of the law where psychiatric expertise is mandated by statute. This review points out the diversity of determinations where forensic psychiatric expertise is required by law. The authors' thesis is that forensic psychiatry draws its vitality from the law. Legal requirements, however, should not dictate psychiatric response, which should be guided by psychiatric knowledge and ethical concerns.

  7. Pregnancy complications following legally induced abortion.

    PubMed

    Obel, E B

    1979-01-01

    The frequency of pregnancy and delivery complications in women whose previous pregnancy had been terminated by a legally induced abortion is evaluated in a prospective and a retrospective study. Bleeding before 28 weeks of gestation and retention of placenta or placental tissue occurred more frequently after legal abortion that in a control group matched for age, parity, and socio-economic status. Other pregnancy and delivery complications did not occur more frequently after legal abortion. It is of particular interest that the study could not demonstrate an increased frequency of low birth weight among women whose previous pregnancy had been terminated by legal abortion.

  8. Legal methodology as nursing problem solving.

    PubMed

    Weiler, K; Rhodes, A M

    1991-01-01

    This article presents legal methodology as a form of nursing research. The four elements of the legal methodology are examined. The sources of legal authority are explained and the essential components of one case, Sermchief v Gonzales are presented in detail as an illustration of the legal methodology. In addition to the elements of the methodology, the methodological tools for the process are described. The computer and manual searching strategies are identified. Finally, the citation system which serves as an integral portion of the methodological process is discussed.

  9. Attitudes towards drug legalization among drug users.

    PubMed

    Trevino, Roberto A; Richard, Alan J

    2002-01-01

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

  10. Legal Reference Service in the Public Library: A Guide to Primary-Source Legal Material.

    ERIC Educational Resources Information Center

    Nixon, Judith M.

    1984-01-01

    Discusses primary-source legal materials (laws, regulations, court decisions) useful for public libraries. Highlights include a discussion of federal and state branches of government and corresponding publications; tools needed for legal research (digests, annotated codes, "pocket parts"); four levels of legal service; and primary sources of…

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

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... or legally adopted child. 404.733 Section 404.733 Employees' Benefits SOCIAL SECURITY ADMINISTRATION FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE (1950- ) Evidence Evidence for Child's and Parent's Benefits § 404.733 Evidence you are the legally adopting parent or legally adopted child. If you are...

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

    ERIC Educational Resources Information Center

    Anichkin, Eugene S.

    2016-01-01

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

  13. 20 CFR 404.733 - Evidence you are the legally adopting parent or legally adopted child.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... or legally adopted child. 404.733 Section 404.733 Employees' Benefits SOCIAL SECURITY ADMINISTRATION FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE (1950- ) Evidence Evidence for Child's and Parent's Benefits § 404.733 Evidence you are the legally adopting parent or legally adopted child. If you are...

  14. Legal aspects of E-HEALTH.

    PubMed

    Callens, Stefaan; Cierkens, Kim

    2008-01-01

    legal challenges. Several member states are introducing electronic health records or e-Health platforms. The use of electronic health records that contain data of several health actors poses new risks with some legal consequences. Recently, grids are being used in some ambitious medical and healthcare applications. In order to be truly effective such grid applications must draw together huge amounts of data from disparately located computers - which implies data sharing across jurisdictions and the sharing of responsibilities by a range of different data controllers. E-Health will also enhance the further use of human tissue and genetic data. More and clear guidelines on the reimbursement criteria for telemedicine and on liability would also be very useful. Guidance at the European level can be given as to the criteria that (tele-) health sessions will have to comply with for reimbursement purposes, since it is still unclear when e-Health sessions will be reimbursed. It is clear that the existing European legal framework is not finished yet and that more specific European rules are needed. PMID:18953124

  15. Legal aspects of E-HEALTH.

    PubMed

    Callens, Stefaan; Cierkens, Kim

    2008-01-01

    legal challenges. Several member states are introducing electronic health records or e-Health platforms. The use of electronic health records that contain data of several health actors poses new risks with some legal consequences. Recently, grids are being used in some ambitious medical and healthcare applications. In order to be truly effective such grid applications must draw together huge amounts of data from disparately located computers - which implies data sharing across jurisdictions and the sharing of responsibilities by a range of different data controllers. E-Health will also enhance the further use of human tissue and genetic data. More and clear guidelines on the reimbursement criteria for telemedicine and on liability would also be very useful. Guidance at the European level can be given as to the criteria that (tele-) health sessions will have to comply with for reimbursement purposes, since it is still unclear when e-Health sessions will be reimbursed. It is clear that the existing European legal framework is not finished yet and that more specific European rules are needed.

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

    PubMed

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

    2015-03-01

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

  17. Legal interfaces in telemedicine technology.

    PubMed

    Lott, C M

    1996-05-01

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

  18. [Legal medicine--an evolution].

    PubMed

    Timperman, J

    1996-01-01

    After about forty years of medico-legal practice the author considers some aspects of the evolution of this activity on the forensic field. He throws a glance on the nowadays problems concerning living persons or victims and even so on the new trends in regard to thanatology and thanato-etiology. After having drown some comments towards the "CO-WORKING" with the judicial apparatus he underlines his views and perspectives regarding on the one side the eventual postdoctoral graduation of Police Surgeons and on the other, the official qualification, on the basis of academic criteria, of forensic pathologists who, with the clear support of the universities, he hopes to see more strengthened by future statutes.

  19. 28 CFR 543.15 - Legal aid program.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

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

  20. 22 CFR 92.84 - Legal process defined.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

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

  1. Tuberculosis: Medico-Legal Aspects

    PubMed Central

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

    2014-01-01

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

  2. Tuberculosis: medico-legal aspects.

    PubMed

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

    2014-01-01

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

  3. Advice for the New Legal Studies Professor

    ERIC Educational Resources Information Center

    Bird, Robert C.

    2012-01-01

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

  4. Legal issues associated with antimicrobial drug resistance.

    PubMed Central

    Fidler, D. P.

    1998-01-01

    An effective public health strategy against the development of antimicrobial drug resistance needs to be informed by legal as well as scientific analysis. This article describes some legal issues arising from current efforts against antimicrobial resistance and underscores the interdependence between law and public health in these efforts. PMID:9621187

  5. Legal Basics: A Handbook for Educators.

    ERIC Educational Resources Information Center

    Kelly, Evelyn B.

    The purpose of this handbook is to help educators at all levels to recognize potential legal hazards in educational settings and to learn how to negotiate the slick roads safely. The focus is on school and classroom issues, not district-level topics. Legal basics are discussed in the context of both informal anecdotes about actual situations and…

  6. LEGAL ISSUES OF GEOGRAPHIC INFORMATION SYSTEMS

    EPA Science Inventory

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

  7. 16 CFR 698.2 - Legal effect.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

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

  8. 16 CFR 600.2 - Legal effect.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... Credit Reporting Act are found in subpart H of 16 CFR part 1 (§§ 1.71-1.73). ... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Legal effect. 600.2 Section 600.2 Commercial... INTERPRETATIONS § 600.2 Legal effect. (a) The interpretations in the Commentary are not trade regulation rules...

  9. New Directions in Legal Information Processing.

    ERIC Educational Resources Information Center

    Chien, R. T.; And Others

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

  10. 28 CFR 0.13 - Legal proceedings.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 28 Judicial Administration 1 2014-07-01 2014-07-01 false Legal proceedings. 0.13 Section 0.13 Judicial Administration DEPARTMENT OF JUSTICE ORGANIZATION OF THE DEPARTMENT OF JUSTICE Office of the Attorney General § 0.13 Legal proceedings. (a) Each Assistant Attorney General and Deputy...

  11. 28 CFR 0.13 - Legal proceedings.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 28 Judicial Administration 1 2013-07-01 2013-07-01 false Legal proceedings. 0.13 Section 0.13 Judicial Administration DEPARTMENT OF JUSTICE ORGANIZATION OF THE DEPARTMENT OF JUSTICE Office of the Attorney General § 0.13 Legal proceedings. (a) Each Assistant Attorney General and Deputy...

  12. 21 CFR 120.9 - Legal basis.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 21 Food and Drugs 2 2013-04-01 2013-04-01 false Legal basis. 120.9 Section 120.9 Food and Drugs FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN SERVICES (CONTINUED) FOOD FOR HUMAN CONSUMPTION HAZARD ANALYSIS AND CRITICAL CONTROL POINT (HACCP) SYSTEMS General Provisions § 120.9 Legal basis. Failure of a processor to have and...

  13. Normalized Legal Drafting and the Query Method.

    ERIC Educational Resources Information Center

    Allen, Layman E.; Engholm, C. Rudy

    1978-01-01

    Normalized legal drafting, a mode of expressing ideas in legal documents so that the syntax that relates the constituent propositions is simplified and standardized, and the query method, a question-asking activity that teaches normalized drafting and provides practice, are examined. Some examples are presented. (JMD)

  14. Legal Guidelines for Curbing School Violence.

    ERIC Educational Resources Information Center

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

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

  15. Medical marijuana: Legal and regulatory considerations.

    PubMed

    Kaplan, Louise

    2015-10-16

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

  16. The Florida Survey of Newly Legalized Persons.

    ERIC Educational Resources Information Center

    Schilit, Jeffrey; Nimnicht, Glen

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

  17. The Employment and Wages of Legalized Immigrants.

    ERIC Educational Resources Information Center

    Borjas, George J.; Tienda, Marta

    1993-01-01

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

  18. Abortion Legalization and Life-Cycle Fertility

    ERIC Educational Resources Information Center

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

    2007-01-01

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

  19. The Legalization of the School Psychologists' World

    ERIC Educational Resources Information Center

    Kirp, David L.; Kirp, Lauren M.

    1976-01-01

    Discusses the increasing tendency of legal rules to shape school psychologist's conduct. The article suggests that "the legalization of the school psychologist's world" may afford an opportunity to reshape, in more "nonformal" and collegial ways, relationships with other school professions, students, and parents. (Author)

  20. 32 CFR 637.12 - Legal considerations.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

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

  1. 32 CFR 637.12 - Legal considerations.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

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

  2. 32 CFR 637.12 - Legal considerations.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

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

  3. 32 CFR 637.12 - Legal considerations.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

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

  4. 32 CFR 637.12 - Legal considerations.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

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

  5. The Legal Issues Surrounding the TAAS Case.

    ERIC Educational Resources Information Center

    Saucedo, Leticia M.

    2000-01-01

    Reviews legal claims made by the Mexican American Legal Defense and Educational Fund on behalf of plaintiffs challenging the Texas graduation requirement that students pass the Texas Assessment of Academic Skills. Discusses the requirement as a violation of minority students' equal protection and due process rights. Analyzes court actions and the…

  6. 20 CFR 410.391 - Legal impediment.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

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

  7. 20 CFR 410.391 - Legal impediment.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

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

  8. The Jeffersonian Vision of Legal Education.

    ERIC Educational Resources Information Center

    Douglas, Davison M.

    2001-01-01

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

  9. Legal Aspects of Organizing a Library Network.

    ERIC Educational Resources Information Center

    Carlile, Huntington; Burkley, John H.

    1980-01-01

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

  10. 31 CFR 3.3 - Legal review.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 31 Money and Finance: Treasury 1 2013-07-01 2013-07-01 false Legal review. 3.3 Section 3.3 Money and Finance: Treasury Office of the Secretary of the Treasury CLAIMS REGULATIONS AND INDEMNIFICATION OF DEPARTMENT OF TREASURY EMPLOYEES Claims Under the Federal Tort Claims Act § 3.3 Legal review....

  11. 31 CFR 3.22 - Legal review.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 31 Money and Finance: Treasury 1 2013-07-01 2013-07-01 false Legal review. 3.22 Section 3.22 Money and Finance: Treasury Office of the Secretary of the Treasury CLAIMS REGULATIONS AND INDEMNIFICATION OF DEPARTMENT OF TREASURY EMPLOYEES Claims Under the Small Claims Act § 3.22 Legal review....

  12. 40 CFR 52.2373 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 40 Protection of Environment 4 2010-07-01 2010-07-01 false Legal authority. 52.2373 Section 52.2373 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Vermont § 52.2373 Legal authority. (a)...

  13. 40 CFR 52.2726 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 40 Protection of Environment 4 2010-07-01 2010-07-01 false Legal authority. 52.2726 Section 52.2726 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Puerto Rico § 52.2726 Legal authority....

  14. 40 CFR 52.1275 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 40 Protection of Environment 4 2011-07-01 2011-07-01 false Legal authority. 52.1275 Section 52.1275 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Mississippi § 52.1275 Legal authority....

  15. 40 CFR 52.2124 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 40 Protection of Environment 4 2011-07-01 2011-07-01 false Legal authority. 52.2124 Section 52.2124 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) South Carolina § 52.2124 Legal authority....

  16. 40 CFR 52.2574 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 40 Protection of Environment 4 2011-07-01 2011-07-01 false Legal authority. 52.2574 Section 52.2574 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Wisconsin § 52.2574 Legal authority. (a)...

  17. 40 CFR 52.1275 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 40 Protection of Environment 4 2010-07-01 2010-07-01 false Legal authority. 52.1275 Section 52.1275 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Mississippi § 52.1275 Legal authority....

  18. 40 CFR 52.1379 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 40 Protection of Environment 4 2010-07-01 2010-07-01 false Legal authority. 52.1379 Section 52.1379 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Montana § 52.1379 Legal authority. (a)...

  19. 40 CFR 52.1575 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 40 Protection of Environment 4 2011-07-01 2011-07-01 false Legal authority. 52.1575 Section 52.1575 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) New Jersey § 52.1575 Legal authority. (a)...

  20. 40 CFR 52.1379 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 40 Protection of Environment 4 2011-07-01 2011-07-01 false Legal authority. 52.1379 Section 52.1379 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Montana § 52.1379 Legal authority. (a)...

  1. 40 CFR 52.2074 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 40 Protection of Environment 4 2011-07-01 2011-07-01 false Legal authority. 52.2074 Section 52.2074 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Rhode Island § 52.2074 Legal authority....

  2. 40 CFR 52.225 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 40 Protection of Environment 3 2011-07-01 2011-07-01 false Legal authority. 52.225 Section 52.225 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS California § 52.225 Legal authority. (a) The requirements of §...

  3. 40 CFR 52.2074 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 40 Protection of Environment 4 2010-07-01 2010-07-01 false Legal authority. 52.2074 Section 52.2074 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Rhode Island § 52.2074 Legal authority....

  4. 40 CFR 52.2333 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 40 Protection of Environment 4 2010-07-01 2010-07-01 false Legal authority. 52.2333 Section 52.2333 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Utah § 52.2333 Legal authority. (a)...

  5. 40 CFR 52.225 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 40 Protection of Environment 3 2010-07-01 2010-07-01 false Legal authority. 52.225 Section 52.225 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS California § 52.225 Legal authority. (a) The requirements of §...

  6. 16 CFR 698.2 - Legal effect.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

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

  7. 40 CFR 52.324 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 40 Protection of Environment 3 2011-07-01 2011-07-01 false Legal authority. 52.324 Section 52.324 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS Colorado § 52.324 Legal authority. (a) The requirements of § 51.230(f)...

  8. 40 CFR 52.324 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

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

  9. 40 CFR 52.2726 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 40 Protection of Environment 4 2011-07-01 2011-07-01 false Legal authority. 52.2726 Section 52.2726 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Puerto Rico § 52.2726 Legal authority....

  10. 40 CFR 52.2124 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 40 Protection of Environment 4 2010-07-01 2010-07-01 false Legal authority. 52.2124 Section 52.2124 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) South Carolina § 52.2124 Legal authority....

  11. 40 CFR 52.2373 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 40 Protection of Environment 4 2011-07-01 2011-07-01 false Legal authority. 52.2373 Section 52.2373 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Vermont § 52.2373 Legal authority. (a)...

  12. 40 CFR 52.2025 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 40 Protection of Environment 4 2010-07-01 2010-07-01 false Legal authority. 52.2025 Section 52.2025 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Pennsylvania § 52.2025 Legal authority....

  13. 40 CFR 52.2173 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 40 Protection of Environment 4 2011-07-01 2011-07-01 false Legal authority. 52.2173 Section 52.2173 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) South Dakota § 52.2173 Legal authority....

  14. 40 CFR 52.1575 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 40 Protection of Environment 4 2010-07-01 2010-07-01 false Legal authority. 52.1575 Section 52.1575 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) New Jersey § 52.1575 Legal authority. (a)...

  15. 40 CFR 52.625 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 40 Protection of Environment 3 2010-07-01 2010-07-01 false Legal authority. 52.625 Section 52.625 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS Hawaii § 52.625 Legal authority. (a) The requirements of § 51.230(f)...

  16. 40 CFR 52.526 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 40 Protection of Environment 3 2011-07-01 2011-07-01 false Legal authority. 52.526 Section 52.526 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS Florida § 52.526 Legal authority. (a) The requirements of § 51.230(f)...

  17. 16 CFR 600.2 - Legal effect.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... Credit Reporting Act are found in subpart H of 16 CFR part 1 (§§ 1.71-1.73). ... 16 Commercial Practices 1 2011-01-01 2011-01-01 false Legal effect. 600.2 Section 600.2 Commercial... INTERPRETATIONS § 600.2 Legal effect. (a) The interpretations in the Commentary are not trade regulation rules...

  18. 2 CFR 180.965 - Legal proceedings.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 2 Grants and Agreements 1 2011-01-01 2011-01-01 false Legal proceedings. 180.965 Section 180.965 Grants and Agreements Office of Management and Budget Guidance for Grants and Agreements OFFICE OF... GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 180.965 Legal proceedings....

  19. 29 CFR 18.35 - Legal assistance.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 29 Labor 1 2010-07-01 2010-07-01 true Legal assistance. 18.35 Section 18.35 Labor Office of the Secretary of Labor RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES General § 18.35 Legal assistance. The Office of Administrative Law Judges does not...

  20. 40 CFR 52.2574 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 40 Protection of Environment 4 2010-07-01 2010-07-01 false Legal authority. 52.2574 Section 52.2574 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Wisconsin § 52.2574 Legal authority. (a)...

  1. 40 CFR 52.2173 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 40 Protection of Environment 4 2010-07-01 2010-07-01 false Legal authority. 52.2173 Section 52.2173 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) South Dakota § 52.2173 Legal authority....

  2. 40 CFR 52.526 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 40 Protection of Environment 3 2010-07-01 2010-07-01 false Legal authority. 52.526 Section 52.526 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS Florida § 52.526 Legal authority. (a) The requirements of § 51.230(f)...

  3. 40 CFR 52.625 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 40 Protection of Environment 3 2011-07-01 2011-07-01 false Legal authority. 52.625 Section 52.625 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS Hawaii § 52.625 Legal authority. (a) The requirements of § 51.230(f)...

  4. 40 CFR 52.2025 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 40 Protection of Environment 4 2011-07-01 2011-07-01 false Legal authority. 52.2025 Section 52.2025 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Pennsylvania § 52.2025 Legal authority....

  5. 28 CFR 76.33 - Legal assistance.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Legal assistance. 76.33 Section 76.33 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) RULES OF PROCEDURE FOR ASSESSMENT OF CIVIL PENALTIES FOR POSSESSION OF CERTAIN CONTROLLED SUBSTANCES § 76.33 Legal assistance. The Judge does not...

  6. 29 CFR 18.35 - Legal assistance.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 29 Labor 1 2011-07-01 2011-07-01 false Legal assistance. 18.35 Section 18.35 Labor Office of the Secretary of Labor RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES General § 18.35 Legal assistance. The Office of Administrative Law Judges does not...

  7. 40 CFR 52.2333 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 40 Protection of Environment 4 2011-07-01 2011-07-01 false Legal authority. 52.2333 Section 52.2333 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Utah § 52.2333 Legal authority. (a)...

  8. 28 CFR 76.33 - Legal assistance.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 28 Judicial Administration 2 2011-07-01 2011-07-01 false Legal assistance. 76.33 Section 76.33 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) RULES OF PROCEDURE FOR ASSESSMENT OF CIVIL PENALTIES FOR POSSESSION OF CERTAIN CONTROLLED SUBSTANCES § 76.33 Legal assistance. The Judge does not...

  9. Student Discipline: Legal, Empirical, and Educational Perspectives.

    ERIC Educational Resources Information Center

    Harris, J. John, III, Ed.; Bennett, Christine, Ed.

    This book presents four perspectives on student discipline: legal and historical, empirical, educational, and futuristic. Part I examines the legal history of student discipline in papers by J. John Harris III, Richard E. Fields, and A. Reynaldo Contreras (Chapter 1); Richard E. Fields (Chapter 2); and David G. Carter, Sr. and Cynthia L. Jackson…

  10. American Legal Education and Professional Despair

    ERIC Educational Resources Information Center

    French, David

    2011-01-01

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

  11. The Family Day Care Providers' Legal Handbook.

    ERIC Educational Resources Information Center

    Treadwell, Lujuana Wolfe

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

  12. 31 CFR 3.3 - Legal review.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Legal review. 3.3 Section 3.3 Money and Finance: Treasury Office of the Secretary of the Treasury CLAIMS REGULATIONS AND INDEMNIFICATION OF DEPARTMENT OF TREASURY EMPLOYEES Claims Under the Federal Tort Claims Act § 3.3 Legal review....

  13. 31 CFR 3.22 - Legal review.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

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

  14. Exploring Technological Frontiers: Autonomy in Legal Scholarship

    ERIC Educational Resources Information Center

    Moses, Lyria Bennett

    2010-01-01

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

  15. Developing Legal Problem-Solving Skills.

    ERIC Educational Resources Information Center

    Nathanson, Stephen

    1994-01-01

    A law professor explains how he came to view legal problem solving as the driving concept in law school curriculum design and draws on personal experience and a survey of students concerning teaching methods in a commercial law course. He outlines six curriculum design principles for teaching legal problem solving. (MSE)

  16. Are You a Legally Literate School Counselor?

    ERIC Educational Resources Information Center

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

    2010-01-01

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

  17. 28 CFR 68.34 - Legal assistance.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... ALIENS, UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES, AND DOCUMENT FRAUD § 68.34 Legal assistance. The... 28 Judicial Administration 2 2013-07-01 2013-07-01 false Legal assistance. 68.34 Section 68.34 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) RULES OF PRACTICE AND PROCEDURE...

  18. 28 CFR 68.34 - Legal assistance.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... ALIENS, UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES, AND DOCUMENT FRAUD § 68.34 Legal assistance. The... 28 Judicial Administration 2 2011-07-01 2011-07-01 false Legal assistance. 68.34 Section 68.34 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) RULES OF PRACTICE AND PROCEDURE...

  19. 28 CFR 68.34 - Legal assistance.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... ALIENS, UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES, AND DOCUMENT FRAUD § 68.34 Legal assistance. The... 28 Judicial Administration 2 2014-07-01 2014-07-01 false Legal assistance. 68.34 Section 68.34 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) RULES OF PRACTICE AND PROCEDURE...

  20. Legal Concerns in Community College Employment Matters

    ERIC Educational Resources Information Center

    Rodriguez, Roy C.

    2010-01-01

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

  1. Legal considerations when making a practice change.

    PubMed

    Armon, Bruce D; Bayus, Karilynn

    2014-07-01

    Changes in medical practice, such as retiring, selling a practice, and switching employment, have significant legal impacts on physicians. These decisions should be carefully analyzed prior to being made. Physicians who do not make decisions in a well-considered manner may face economic penalties, licensure sanctions, and/or other legal issues. This article explores some key legal issues including (1) timing, (2) patient care continuity, (3) medical records retention, (4) licensure and board certification, (5) professional liability insurance, and (6) postemployment restrictions on practice. Within these topics, sources of physicians' legal and ethical obligations are examined, including possible resolutions to identified issues. Not all changes affect physicians in the same manner. This article further considers how these important legal issues may impact differently situated physicians, such as retiring physicians vs transitioning physicians and physicians employed by groups or hospital systems vs physicians in solo practice.

  2. A Hospital-based Patient Legal Clinic.

    PubMed

    Bishop, Liz; Shahkhan, Hana; Loff, Bebe

    2016-03-01

    The HeLP Patient Legal Clinic has provided free legal advice to public hospital patients with health-related problems since March 2014. This article reports on the findings of a study of the first six months of HeLP's operation. The study adopted qualitative methods informed by grounded theory and sought to understand patient and social worker experiences of HeLP. Interviews were conducted with 13 patients and 10 next of kin. Focus group discussions were carried out with 19 social workers who referred patients to HeLP. Locating the legal service in the hospital's social work department enabled and expedited access to legal advice; a team-based approach to patient problems emerged that enhanced patient outcomes; and provision of legal advice relieved the anxiety experienced by patients, allowing them to focus better on their health concern.

  3. A Hospital-based Patient Legal Clinic.

    PubMed

    Bishop, Liz; Shahkhan, Hana; Loff, Bebe

    2016-03-01

    The HeLP Patient Legal Clinic has provided free legal advice to public hospital patients with health-related problems since March 2014. This article reports on the findings of a study of the first six months of HeLP's operation. The study adopted qualitative methods informed by grounded theory and sought to understand patient and social worker experiences of HeLP. Interviews were conducted with 13 patients and 10 next of kin. Focus group discussions were carried out with 19 social workers who referred patients to HeLP. Locating the legal service in the hospital's social work department enabled and expedited access to legal advice; a team-based approach to patient problems emerged that enhanced patient outcomes; and provision of legal advice relieved the anxiety experienced by patients, allowing them to focus better on their health concern. PMID:27323643

  4. Reliability of repeated forensic evaluations of legal sanity.

    PubMed

    Kacperska, Iwona; Heitzman, Janusz; Bąk, Tomasz; Leśko, Anna Walczyna; Opio, Małgorzata

    2016-01-01

    Criminal responsibility evaluation is a very complex and controversial issue due to the gravity of its consequences. Polish legislation allows courts to request multiple sanity evaluations. The purpose of this study was to assess the extent of agreement on sanity evaluations in written evidence provided by experts of criminal cases in Poland. A total of 381 forensic evaluation reports addressing 117 criminal defendants were analysed. In sixty eight cases, there was more than one forensic evaluation report containing an assessment of legal sanity, including forty one cases containing two assessments of criminal responsibility, seventeen containing three assessments, eight containing four assessments and two containing five assessments. We found that in 47% of the cases containing more than one sanity assessment, the initial criminal responsibility assessment was changed after a subsequent forensic evaluation. The agreement between repeated criminal responsibility evaluations was found to be fair. This study found a strong correlation between the number of forensic reports and the number of contradictory sanity assessments. There were fewer forensic opinions involved in the cases in which the same conclusion regarding criminal responsibility was reached in subsequent forensic evaluation reports compared to the cases in which more forensic opinions were involved. There is a clear need for further research in this area, and it is necessary to standardise criminal responsibility evaluations in order to improve their reliability and to shorten the legal proceedings. PMID:26346685

  5. Reliability of repeated forensic evaluations of legal sanity.

    PubMed

    Kacperska, Iwona; Heitzman, Janusz; Bąk, Tomasz; Leśko, Anna Walczyna; Opio, Małgorzata

    2016-01-01

    Criminal responsibility evaluation is a very complex and controversial issue due to the gravity of its consequences. Polish legislation allows courts to request multiple sanity evaluations. The purpose of this study was to assess the extent of agreement on sanity evaluations in written evidence provided by experts of criminal cases in Poland. A total of 381 forensic evaluation reports addressing 117 criminal defendants were analysed. In sixty eight cases, there was more than one forensic evaluation report containing an assessment of legal sanity, including forty one cases containing two assessments of criminal responsibility, seventeen containing three assessments, eight containing four assessments and two containing five assessments. We found that in 47% of the cases containing more than one sanity assessment, the initial criminal responsibility assessment was changed after a subsequent forensic evaluation. The agreement between repeated criminal responsibility evaluations was found to be fair. This study found a strong correlation between the number of forensic reports and the number of contradictory sanity assessments. There were fewer forensic opinions involved in the cases in which the same conclusion regarding criminal responsibility was reached in subsequent forensic evaluation reports compared to the cases in which more forensic opinions were involved. There is a clear need for further research in this area, and it is necessary to standardise criminal responsibility evaluations in order to improve their reliability and to shorten the legal proceedings.

  6. Legal parent versus biological parent: the impact of disclosure.

    PubMed

    Cahn, Naomi

    2012-06-01

    This article addresses arguments regarding disclosure of information to donor-conceived individuals, showing that disclosure is entirely different from the recognition of parental rights and responsibilities for the gamete providers. It argues that disclosure of information is not equivalent to saying: "donors are parents". Instead, information release simply provides a basis for donors, donor-conceived individuals and recipient parents to exchange information about themselves. When a jurisdiction enacts laws that provide for such information release, these statutes are distinct from any other legal rights and responsibilities for any members of the donor-conceived community. In its first section, the article briefly explains the means for determining legal parentage before reviewing research on how parents tell their children about their means of conception. Next, it explores studies of why members of the donor-conceived world search, providing an empirical basis for the claim that disclosure does not equal parenthood. The article explores concerns about information release, and, in the final section, suggests possible approaches for protecting the rights of donor-conceived people while reinforcing the legal separation between social and biological parents.

  7. Eyewitness testimony: tracing the beliefs of Swedish legal professionals.

    PubMed

    Granhag, Pär Anders; Strömwall, Leif A; Hartwig, Maria

    2005-01-01

    This paper examines beliefs held by Swedish legal professionals about eyewitness testimony. In a survey including questions about 13 key issues of eyewitness testimony, three groups were investigated: police officers (n = 104), prosecutors (n = 158), and judges (n = 251). The response rate was 74%. Examples of findings are that the beliefs were in line with scientific findings concerning the weapon focus effect, but were not in line for simultaneous vs. sequential lineups. Between-group differences were found for seven items. Judges were much more sceptical than police officers about the reliability and completeness of children's testimonies. The groups seldom agreed about one answer alternative, and they reported not being up to date about scientific research on eyewitness testimony. The results suggest that some important research findings have reached those working on the field. However, they hold many wrongful beliefs about eyewitness testimony, beliefs that might compromise the accuracy of legal decisions. PMID:16170786

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

    PubMed

    Ding, Chunyan

    2008-12-01

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

  9. Response

    ERIC Educational Resources Information Center

    Higgins, Chris

    2012-01-01

    This article presents the author's response to the reviews of his book, "The Good Life of Teaching: An Ethics of Professional Practice." He begins by highlighting some of the main concerns of his book. He then offers a brief response, doing his best to address the main criticisms of his argument and noting where the four reviewers (Charlene…

  10. Fill the Gap in the Legal Knowledge Modelling

    NASA Astrophysics Data System (ADS)

    Palmirani, Monica; Contissa, Giuseppe; Rubino, Rossella

    There is a gap between the legal text description in XML trends and the legal knowledge representation of the norms that from the text starts. This gap affects the effectiveness of the legal resources exploitation and the integrity of the legal knowledge on the Web. This paper presents a legal document model for managing the legal resources in integrated way and linking all the different levels of representation.

  11. Denial of abortion in legal settings

    PubMed Central

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

    2015-01-01

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

  12. AIDS and orphans: legal and ethical issues.

    PubMed

    Siamwiza, R

    1998-03-01

    This article explores the ethical and human rights issues surrounding AIDS and those orphaned by the epidemic in Zambia. A major area of controversy is on the rights of parents and children in adoptive or fostering relationships; civil law is unclear, and customary law treats children as the property of parents and selected kin. HIV/AIDS adds to the controversy concerning the following rights for adoptive and foster parents and children: 1) the right of prospective parents to know the health status of the child, and the child to know the prospective parent's status; 2) the rights, responsibilities, and obligations of the foster child's biological family after the placement; 3) the rights of adoptive or foster parents to public welfare assistance, health care, educational grants, particularly if the child has HIV; 4) property rights of adopted or foster children within their new families; and 5) the legal and civil rights of abandoned children. In conclusion, the ethical issues surrounding adoption and fostering require extensive research and public debate, taking into account the impact of broad socioeconomic changes affecting the extended family, as well as the impact of AIDS. PMID:12222354

  13. AIDS and orphans: legal and ethical issues.

    PubMed

    Siamwiza, R

    1998-03-01

    This article explores the ethical and human rights issues surrounding AIDS and those orphaned by the epidemic in Zambia. A major area of controversy is on the rights of parents and children in adoptive or fostering relationships; civil law is unclear, and customary law treats children as the property of parents and selected kin. HIV/AIDS adds to the controversy concerning the following rights for adoptive and foster parents and children: 1) the right of prospective parents to know the health status of the child, and the child to know the prospective parent's status; 2) the rights, responsibilities, and obligations of the foster child's biological family after the placement; 3) the rights of adoptive or foster parents to public welfare assistance, health care, educational grants, particularly if the child has HIV; 4) property rights of adopted or foster children within their new families; and 5) the legal and civil rights of abandoned children. In conclusion, the ethical issues surrounding adoption and fostering require extensive research and public debate, taking into account the impact of broad socioeconomic changes affecting the extended family, as well as the impact of AIDS.

  14. Cooperative Education Student Rights and Responsibilities: Federal Family Educational Rights Act and Privacy Act of 1974 [and] Michigan Employee Right to Know Act of 1978. Legal Modules for Vocational Cooperative Education.

    ERIC Educational Resources Information Center

    Western Michigan Univ., Kalamazoo.

    This module deals with cooperative education student rights and responsibilities as they are specified in the Federal Family Educational Rights and Privacy Act of 1974 and the Michigan Employee Right to Know Act of 1978. Designed to be a self-paced instructional package, the module includes a pre-test, answer key, scoring instructions, a…

  15. Should nurses act legally or ethically?

    PubMed

    Newnham, H

    1998-03-01

    Should health professionals act legally or ethically in the delivery of health care presuming it is impossible to do both? There is a tendency by some to take the position that to act ethically is more important in the provision of health care and to ignore or at least minimise any legal consequences that may arise. At the same time the law may ignore ethical principles claiming the legal position is more important. This article argues that while law and ethics are both important in the delivery of health care the law as the final arbitrator takes precedence.

  16. Health care professionals’ comprehension of the legal status of end-of-life practices in Quebec

    PubMed Central

    Marcoux, Isabelle; Boivin, Antoine; Arsenault, Claude; Toupin, Mélanie; Youssef, Joseph

    2015-01-01

    Abstract Objective To determine health care professionals’ understanding of the current legal status of different end-of-life practices and their future legal status if medical aid in dying were legalized, and to identify factors associated with misunderstanding surrounding the current legal status. Design Cross-sectional survey using 6 clinical scenarios developed from a validated European questionnaire and from a validated classification of end-of-life practices. Setting Quebec. Participants Health care professionals (physicians and nurses). Main outcome measures Perceptions of the current legal status of the given scenarios and whether or not the practices would be authorized in the event that medical aid in dying were legalized. Results Among the respondents (n = 271, response rate 88.0%), more than 98% knew that the administration or prescription of lethal medication was currently illegal. However, 45.8% wrongly thought that it was not permitted to withdraw a potentially life-prolonging treatment at the patient’s request, and this misconception was more common among nurses and professionals who had received their diplomas longer ago. Only 39.5% believed that, in the event that medical aid in dying were legalized, the use of lethal medication would be permitted at the patient’s request, and 34.6% believed they would be able to give such medication to an incompetent patient upon a relative’s request. Conclusion Health care professionals knew which medical practices were illegal, but some wrongly believed that current permitted practices were not legal. There were various interpretations of what would or would not be allowed if medical aid in dying were legalized. Education on the clinical implications of end-of-life practice legislation should be promoted. PMID:26052600

  17. Correlates for Legal Help-Seeking: Contextual Factors for Battered Women in Shelter

    PubMed Central

    Wright, Caroline Vaile; Johnson, Dawn M.

    2010-01-01

    Legal redress can play a critical role in interrupting the pattern of domination and control inherent in intimate partner violence (IPV), yet it remains an infrequent strategy among battered women. The current study employed a contextual framework for investigating the correlates for engagement in the criminal justice system for a sample of 227 sheltered battered women. Results indicated that individual, relational, and system-level factors were all associated with two legal help-seeking behaviors: having a civil protection order and criminal prosecution. In particular, posttraumatic stress disorder (PTSD) symptomatology, social support, and prior experience with police officers were significant correlates for legal help-seeking. Results highlight the need for a coordinated community response to IPV, addressing both legal needs and psychological needs simultaneously. PMID:20055214

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

    PubMed

    Burman, Monica

    2010-02-01

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

  19. Legal vs Ethical News-Gathering Methods.

    ERIC Educational Resources Information Center

    Vahl, Rod

    1990-01-01

    Discusses legal and ethical issues surrounding methods of news-gathering, including undercover reporting, misrepresentation of the reporter's identity, fabrication, and plagiarism. Maintains that high school reporters should search out and follow guidelines for their information-seeking methods. (SR)

  20. Chronic pain management: legal and licensure issues.

    PubMed

    Chang, Ku-Lang; Fillingim, Roger; Hurley, Robert W; Schmidt, Siegfried

    2015-05-01

    Legal and licensure issues are an inevitable aspect of treating patients with chronic pain. Clinicians need to ensure compliance with state medical board and federal guidelines. Prescription drug abuse continues to be a significant problem. Despite the legalization of medical marijuana in some states, there is currently no medical indication for prescribing marijuana; the exceptions are dronabinol and nabilone. These are approved by the Food and Drug Administration for chemotherapy-induced nausea and vomiting, and dronabinol also is approved for anorexia in patients with AIDS or cancer. Other legal issues concern establishment of chronic pain as a basis for disability status. Clinicians often are asked to provide a letter or assessment, such as a functional capacity evaluation, for documenting disability. Referral to a physical medicine and rehabilitation subspecialist or physical therapist for this evaluation should be considered. Balancing legal and licensure issues with the best interests of the patient can be challenging for clinicians. PMID:25970871

  1. Legal Underpinnings for Creating Campus Computer Policy.

    ERIC Educational Resources Information Center

    Hodges, Marjorie W.; Worona, Steven L.

    1996-01-01

    Provides guidelines for the development of campus computer policies, focusing on legal issues related to adult material, harassment, privacy, commerce, and copyright. Notes that computer use policies and practices need to evolve in concert with the changing computer culture. (MDM)

  2. Some Legal Aspects of Higher Education

    ERIC Educational Resources Information Center

    Kowalski, Casimir J.; And Others

    1977-01-01

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

  3. Standardizing Legal Content with OWL and RDF

    NASA Astrophysics Data System (ADS)

    Hondros, Constantine

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

  4. 40 CFR 52.1074 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ...) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Maryland § 52.1074 Legal authority. (a) The requirements of § 51.230(f) of this chapter are not met, since section 698(f) of the Maryland Air...

  5. 40 CFR 52.1074 - Legal authority.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ...) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Maryland § 52.1074 Legal authority. (a) The requirements of § 51.230(f) of this chapter are not met, since section 698(f) of the Maryland Air...

  6. 40 CFR 52.1074 - Legal authority.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ...) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Maryland § 52.1074 Legal authority. (a) The requirements of § 51.230(f) of this chapter are not met, since section 698(f) of the Maryland Air...

  7. 40 CFR 52.1074 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ...) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Maryland § 52.1074 Legal authority. (a) The requirements of § 51.230(f) of this chapter are not met, since section 698(f) of the Maryland Air...

  8. Desegregation in Education: A Legal Bibliography

    ERIC Educational Resources Information Center

    Wise, Michael B., Comp.

    1977-01-01

    Includes references on equal educational opportunity, educational finance, preferential admissions, higher education, racial discrimination in teacher employment, civil rights, school desegregation, legal education, minorities, desegregation litigation, busing, and due process of law. (AM)

  9. Managing Legal Texts in Requirements Engineering

    NASA Astrophysics Data System (ADS)

    Otto, Paul N.; Antón, Annie I.

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

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

    PubMed

    Marjanović-Cengić, S

    2001-01-01

    This article deals with various opinions and assertions regarding drug legalization. Societal and clinical implication regarding the effect of decrease or increase in the use of psyhoactive substances, on public health, violence and criminal activities have been pointed out. The relation between legal and illegal drugs has been considered. Special attention has been paid to arguments on legalization and decriminalization of marihuana and possible consequences on the risk group-children and adolescents. Experiences from USA and some European countries have been presented. Having in mind the specific situation in BiH, the author of article gives her own view and suggest the introduction of harm reduction strategy into BiH drug policy, without changing the legal drug status. PMID:11769432

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

    PubMed Central

    Howse, Genevieve

    2015-01-01

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

  12. [Ethical and legal aspects at the emergency department

    PubMed

    Carvalho, P R; Torreão, L A

    1999-11-01

    OBJECTIVE: To discuss ethical and legal aspects of physicianś attitudes in emergency departments under the light of Braziĺs codes and laws.METHODS: The authors raise questions based upon case reports and comment using the medical ethical code, laws that protect children and adolescents, hospitalized children and adolescents rights statement and medical federal council decisions.RESULTS: The authors discuss child patients' rights and the parents disclosure right; the problem of domestic violence and abuse and the physician duty to denunciate this kind of practice for the child security and protection; the medical responsability even under workplace adverse conditions, as well as the concerns related to transportation of patients to another hospital; the dilemma between withholding and withdrawing life support measures at the emergency department and the prohibition to certificate death in violent death situations; the autonomy and decision-making capa-city of adolescent patients and their limitations, including violation of confidentiality.CONCLUSIONS: The commentaries presented in the article try to explain to the pediatrician how to identify ethical and legal conflicts in the emergency department and to prepare him (her) to assume attitudes based on codes and legal statements, as well as to respect the patient's rights. PMID:14685477

  13. Hereditary breast and gynecological tumors: Italian legal issues.

    PubMed

    DI Vella, Giancarlo

    2016-10-01

    The availability of diagnostic and therapeutic procedures that lower the risk for developing hereditary family-related tumors is weighed against Italian ethical and legal provisions. The healthcare environment in which a professional works should require that he possess specific technical, relational and medical competencies based upon legal orientation in addition to scientific evidence. Particular emphasis is attributed to the doctor-patient relationship, with explicit reference to the following: 1) all of the information at hand that is required to achieve a "therapeutic alliance" that combines the best interests of the patient with treatment options; 2) the completeness and intelligibility of health records, as they are likely to explain the background logic and the following of scientific clinical procedure; 3) the observance of guidelines and protocols, and their relevance to the legal responsibility of the individual and health care companies; 4) the need of a multidisciplinary approach in the treatment of these patients and the obligation of the team to have malpractice insurance. Advances on "provisions concerning liability of health personnel", which is currently awaiting approval, allows the professional to protect the patient's health without the fear of being unnecessarily censured, and unjustified from a penal or civil point of view which can deteriorate the relationship of trust and cooperation established.

  14. Resolving legal questions with psychological data.

    PubMed

    Loftus, E F

    1991-10-01

    Psychologists are ever finding new legal arenas for their psychological data and concepts. Findings about the character and operation of stereotyping have been introduced in sex discrimination litigation in the United States. Findings about conformity, obedience to authority, and bystander apathy have been introduced into death penalty cases in South Africa. These concrete and detailed applications of psychological science demonstrate the expanding role that psychology is playing in the legal world.

  15. Legal issues critical in software license agreements.

    PubMed

    Manfredi, M J; Peterson, D M

    1989-05-01

    The complex legal aspects of software license agreements are addressed in this final part of a three-part series. A healthcare organization that has selected a software vendor and has reviewed the central provisions of a licensing agreement must then take a close look at the other provisions of the agreement. These include numerous legal provisions, regulatory requirements, and ancillary agreements related to maintenance and access to the software.

  16. A legal version of the nanoworld

    NASA Astrophysics Data System (ADS)

    Lacour, Stéphanie

    2011-09-01

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

  17. 33 CFR 326.5 - Legal action.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 33 Navigation and Navigable Waters 3 2014-07-01 2014-07-01 false Legal action. 326.5 Section 326.5... § 326.5 Legal action. (a) General. For cases the district engineer determines to be appropriate, he will... directives he has issued pursuant to §§ 326.3 and 326.4, or other relief as appropriate. Appropriate...

  18. 33 CFR 326.5 - Legal action.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 33 Navigation and Navigable Waters 3 2010-07-01 2010-07-01 false Legal action. 326.5 Section 326.5... § 326.5 Legal action. (a) General. For cases the district engineer determines to be appropriate, he will... directives he has issued pursuant to §§ 326.3 and 326.4, or other relief as appropriate. Appropriate...

  19. 33 CFR 326.5 - Legal action.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 33 Navigation and Navigable Waters 3 2011-07-01 2011-07-01 false Legal action. 326.5 Section 326.5... § 326.5 Legal action. (a) General. For cases the district engineer determines to be appropriate, he will... directives he has issued pursuant to §§ 326.3 and 326.4, or other relief as appropriate. Appropriate...

  20. 33 CFR 326.5 - Legal action.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 33 Navigation and Navigable Waters 3 2012-07-01 2012-07-01 false Legal action. 326.5 Section 326.5... § 326.5 Legal action. (a) General. For cases the district engineer determines to be appropriate, he will... directives he has issued pursuant to §§ 326.3 and 326.4, or other relief as appropriate. Appropriate...

  1. 33 CFR 326.5 - Legal action.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 33 Navigation and Navigable Waters 3 2013-07-01 2013-07-01 false Legal action. 326.5 Section 326.5... § 326.5 Legal action. (a) General. For cases the district engineer determines to be appropriate, he will... directives he has issued pursuant to §§ 326.3 and 326.4, or other relief as appropriate. Appropriate...

  2. Understanding How Grammatical Aspect Influences Legal Judgment.

    PubMed

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

    2015-01-01

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

  3. Understanding How Grammatical Aspect Influences Legal Judgment.

    PubMed

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

    2015-01-01

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

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

    NASA Astrophysics Data System (ADS)

    Blauassociate, Andrew

    1993-09-01

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

  5. French Current Plans for a National Space Legal Framework

    NASA Astrophysics Data System (ADS)

    Clerc, Philippe

    2002-01-01

    France bears the international obligation to authorise and supervise space activities under its jurisdiction and can be liable for damage caused by space objects launched from Kourou (French Guiana) and/or by companies registered in France. The current national framework for the activities carried by Arianespace, Starsem, Eutelsat and for the Ariane European launcher operated from the Guiana Space Centre (CSG) is adequately regulated on the basis of relevant programmatic, contractual and administrative legal regime. But in consequence of the liberalisation of the telecommunications market, of the privatisation of international organisations and State owned companies and of the increasing private demands to access CSG facilities, further regulations could be needed. In this context, the French Ministry of Research's Space Department has convened in 1999, during 2 years, more than 100 technical and legal experts organised in several working groups to propose an upgraded national legal framework for space activities. This constituted working groups dealt with: launching (to implement a licence procedure, considering the responsibility of France and international competition rules), earth observation (for licensing and data policy), telecommunications and navigation, and space objects property and security regime (linked to the registration convention and the Unidroit Space Protocol). Th report of this work named "Space Law Evolution in France Study" was presented to the Minister of Research by the beginnings of this year. The present author has driven the overall study on behalf of the French Research Ministry's Space Department. This paper presents the report's general content with following actions regarding the French national space legal framework.

  6. Extending 3D city models with legal information

    NASA Astrophysics Data System (ADS)

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

    2012-10-01

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

  7. 45 CFR 505.2 - Persons under legal disability.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

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

  8. 45 CFR 505.2 - Persons under legal disability.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

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

  9. 45 CFR 505.2 - Persons under legal disability.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

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

  10. 45 CFR 505.2 - Persons under legal disability.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

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

  11. 45 CFR 505.2 - Persons under legal disability.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

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

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

    Code of Federal Regulations, 2011 CFR

    2011-04-01

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

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

    Code of Federal Regulations, 2010 CFR

    2010-04-01

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

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

    Code of Federal Regulations, 2014 CFR

    2014-04-01

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

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

    Code of Federal Regulations, 2013 CFR

    2013-04-01

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

  16. 20 CFR 222.33 - Relationship resulting from legal adoption.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

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

  17. 48 CFR 1552.211-76 - Legal analysis.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

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

  18. 48 CFR 1552.211-76 - Legal analysis.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

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

  19. 44 CFR 206.164 - Disaster legal services.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... 44 Emergency Management and Assistance 1 2014-10-01 2014-10-01 false Disaster legal services. 206..., DEPARTMENT OF HOMELAND SECURITY DISASTER ASSISTANCE FEDERAL DISASTER ASSISTANCE Other Individual Assistance § 206.164 Disaster legal services. (a) Legal services, including legal advice, counseling,...

  20. 44 CFR 206.164 - Disaster legal services.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 44 Emergency Management and Assistance 1 2013-10-01 2013-10-01 false Disaster legal services. 206..., DEPARTMENT OF HOMELAND SECURITY DISASTER ASSISTANCE FEDERAL DISASTER ASSISTANCE Other Individual Assistance § 206.164 Disaster legal services. (a) Legal services, including legal advice, counseling,...

  1. 44 CFR 206.164 - Disaster legal services.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... 44 Emergency Management and Assistance 1 2012-10-01 2011-10-01 true Disaster legal services. 206..., DEPARTMENT OF HOMELAND SECURITY DISASTER ASSISTANCE FEDERAL DISASTER ASSISTANCE Other Individual Assistance § 206.164 Disaster legal services. (a) Legal services, including legal advice, counseling,...

  2. 44 CFR 206.164 - Disaster legal services.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... 44 Emergency Management and Assistance 1 2011-10-01 2011-10-01 false Disaster legal services. 206..., DEPARTMENT OF HOMELAND SECURITY DISASTER ASSISTANCE FEDERAL DISASTER ASSISTANCE Other Individual Assistance § 206.164 Disaster legal services. (a) Legal services, including legal advice, counseling,...

  3. 44 CFR 206.164 - Disaster legal services.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 44 Emergency Management and Assistance 1 2010-10-01 2010-10-01 false Disaster legal services. 206..., DEPARTMENT OF HOMELAND SECURITY DISASTER ASSISTANCE FEDERAL DISASTER ASSISTANCE Other Individual Assistance § 206.164 Disaster legal services. (a) Legal services, including legal advice, counseling,...

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

    ERIC Educational Resources Information Center

    Edwards, Harry T.

    1988-01-01

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

  5. 5 CFR 582.202 - Service of legal process.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 5 Administrative Personnel 1 2010-01-01 2010-01-01 false Service of legal process. 582.202 Section... GARNISHMENT OF FEDERAL EMPLOYEES' PAY Service of Legal Process § 582.202 Service of legal process. (a) A person using this part shall serve interrogatories and legal process on the agent to receive process...

  6. 32 CFR 776.67 - Judicial and legal officers.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

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

  7. 32 CFR 776.67 - Judicial and legal officers.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

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

  8. 42 CFR 57.1511 - Opinion of legal counsel.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

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

  9. 5 CFR 582.202 - Service of legal process.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

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

  10. 77 FR 20795 - Establishment of the Defense Legal Policy Board

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-04-06

    ... of the Secretary Establishment of the Defense Legal Policy Board AGENCY: Department of Defense, DoD... establishing the Defense Legal Policy Board (hereafter referred to as ``the Board''). The Board is a... Board relating to legal and related legal policy matters within the Department of Defense. The Board,...

  11. Suicide cases in civil law: do the legal tests make sense?

    PubMed

    McClung, M

    1990-01-01

    The legal 'tests' for suicide liability in negligence and workmen's compensation law have developed along parallel, but not identical, lines to the tests for criminal responsibility. Current legal precedent has shifted the focus from cognitive awareness and irresistible impulse theories to the ability of a negligent act or injury to cause an abnormal mental state. The courts, in their variable interpretation of these mental state tests, leave no clear guidelines for the psychiatric expert asked to address suicidal behavior from the standpoint of responsibility.

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

    PubMed Central

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

    2014-01-01

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

  13. Federal legal preparedness tools for facilitating medical countermeasure use during public health emergencies.

    PubMed

    Courtney, Brooke; Sherman, Susan; Penn, Matthew

    2013-03-01

    Preparing for and responding to public health emergencies involving medical countermeasures (MCMs) raise often complex legal challenges and questions among response stakeholders at the local, state, and federal levels. This includes concerns about emergency legal authorities, liability, emergency use of regulated medical products, and regulations that might enhance or hinder public health response goals. In this article, lawyers from the U.S. Department of Health and Human Services' (HHS) Office of the General Counsel (OGC), Centers for Disease Control and Prevention (CDC), and Food and Drug Administration (FDA) discuss federal legal tools that are critical to enhancing MCM legal preparedness for public health emergencies, with an emphasis on the legal mechanisms that can be used to facilitate the emergency use of countermeasures. Specifically, the authors describe the Public Readiness and Emergency Preparedness (PREP) Act and Emergency Use Authorization (EUA) authority, outlining the conditions under which these tools can be utilized and providing examples of how they have supported both pre-event (e.g., doxycycline mass dispensing preparedness for anthrax) and intra-event (e.g., 2009 H1N1 influenza pandemic response) activities.

  14. The law and emergencies: surveillance for public health-related legal issues during Hurricanes Katrina and Rita.

    PubMed

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

    2007-04-01

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

  15. Some legal implications of the Precautionary Principle: improving information-generation and legal protections.

    PubMed

    Cranor, Carl F

    2004-01-01

    In creating a legal agenda in service of the Precautionary Principle, the idea of precaution requires more inventories and better monitoring of the condition of public and workforce health than at present. Rectifying problems of the past to better serve the aims of precaution will require more affirmative pre-market and much more post-market knowledge-generation by those who create and use potentially toxic substances, improved pre-market review of substances, better responses to early warnings, and quicker protective post-market responses to evidence of toxicity. This paper conceptualizes a model pre-market screening law to highlight the need for primary prevention measures and to provide philosophic ideas for improving post-market laws and addressing a large universe of existing substances that have been poorly characterized. Although retrospective personal injury law does not have good mechanisms for precaution, even this can be more protective than it is at present by enhancing causes of action for reasonable fear of disease and medical monitoring, and moving to create new causes of action for failure to develop and disseminate information needed to assess the toxicity of substances.

  16. Some legal implications of the Precautionary Principle: improving information-generation and legal protections.

    PubMed

    Cranor, Carl F

    2004-01-01

    In creating a legal agenda in service of the Precautionary Principle, the idea of precaution requires more inventories and better monitoring of the condition of public and workforce health than at present. Rectifying problems of the past to better serve the aims of precaution will require more affirmative pre-market and much more post-market knowledge-generation by those who create and use potentially toxic substances, improved pre-market review of substances, better responses to early warnings, and quicker protective post-market responses to evidence of toxicity. This paper conceptualizes a model pre-market screening law to highlight the need for primary prevention measures and to provide philosophic ideas for improving post-market laws and addressing a large universe of existing substances that have been poorly characterized. Although retrospective personal injury law does not have good mechanisms for precaution, even this can be more protective than it is at present by enhancing causes of action for reasonable fear of disease and medical monitoring, and moving to create new causes of action for failure to develop and disseminate information needed to assess the toxicity of substances. PMID:15212203

  17. Legal issues in medical management of violent and threatening patients.

    PubMed

    Dickens, B M

    1986-11-01

    The responsibility of professionals in the medical management of violent and threatening patients is discussed using the Tarasoff case (American) and the Lawson case (Canadian) as landmark cases influencing subsequent jurisprudence. It is becoming increasingly important to be aware of the court's interpretations in such areas as confidentiality, predictions regarding dangerousness, the duty to warn, and the legal duty to strangers to the therapist/patient relationship. A number of other issues relating to the risks involved in management of patients potentially dangerous as a result of the use of drugs are also discussed.

  18. The medico-legal aspects of prescribing vitamin D

    PubMed Central

    Davies, John S; Poole, Chris D; Feldschreiber, Peter

    2014-01-01

    Vitamin D is a particularly important sterol hormone and its effects beyond bone are increasingly recognized. Over the last decade clinical interest has grown in vitamin D, with increased recognition of deficiency and hence increased prescribing of vitamin D products. However, the increased prescription of vitamin D has generally been met with unlicensed vitamin D products which potentially expose the patient to clinical risk. This review discusses the issues relating to the clinical use of unlicensed vitamin D products, safety concerns that may arise from this, as well as discussing the medico-legal responsibilities of the prescriber and dispenser. PMID:25047693

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

    ERIC Educational Resources Information Center

    Shannon, Michael O.

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

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

    ERIC Educational Resources Information Center

    Miller, Sandra K.; DiMatteo, Larry A.

    2012-01-01

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