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. Death with Dignity: A Tripartite Legal Response

    ERIC Educational Resources Information Center

    Leblang, Theodore Raymond

    1978-01-01

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

  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. 45 CFR 400.115 - Establishing legal responsibility.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

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

  5. 45 CFR 400.115 - Establishing legal responsibility.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

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

  6. 45 CFR 400.115 - Establishing legal responsibility.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

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

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

    PubMed

    Lande, R G

    1993-11-01

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

  8. Legal Consciousness and Responses to Sexual Harassment*

    PubMed Central

    Blackstone, Amy; Uggen, Christopher; McLaughlin, Heather

    2009-01-01

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

  9. 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…

  10. Medical errors: legal and ethical responses.

    PubMed

    Dickens, B M

    2003-04-01

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

  11. Legal Liability: When Is the Union Responsible?

    ERIC Educational Resources Information Center

    Barr, Margaret J.

    1986-01-01

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

  12. Ethical and Legal Responsibilities of Counselors.

    ERIC Educational Resources Information Center

    Glennen, Robert E.

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

  13. 16 CFR 1110.15 - Legal responsibility for certificate information.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

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

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

    PubMed

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

    2008-01-01

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

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

    PubMed

    Behnke, S H

    1997-01-01

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

  16. Legal and regulatory responses to innovative treatment.

    PubMed

    Chan, Tracey Evans

    2013-01-01

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

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

    PubMed

    Neal-Boylan, Leslie; Miller, Michelle D

    2015-05-01

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

  18. 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

  19. 45 CFR 400.115 - Establishing legal responsibility.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... 45 Public Welfare 2 2011-10-01 2011-10-01 false Establishing legal responsibility. 400.115 Section 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...

  20. Students' Legal Rights and Responsibilities. American School Law Series.

    ERIC Educational Resources Information Center

    La Morte, Michael W.; And Others

    This book examines the impact of a variety of court cases involving the legal rights and responsibilities of public secondary school students. Each chapter begins with a brief commentary that provides an overview of a broad area of student rights, followed by a number of short sections that focus on significant subtopics. The final section of each…

  1. Students' Legal Rights and Responsibilities. American School Law Series.

    ERIC Educational Resources Information Center

    La Morte, Michael W.; And Others

    This book examines the impact of a variety of court cases involving the legal rights and responsibilities of public secondary school students. Each chapter begins with a brief commentary that provides an overview of a broad area of student rights, followed by a number of short sections that focus on significant subtopics. The final section of each…

  2. 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.

  3. The legal responsibilities of the health-care librarian.

    PubMed

    Muir, A; Oppenheim, C

    1995-06-01

    This article discusses the legal responsibilities that information intermediaries have towards the users of their services. The areas of law that affect legal liability are contract law, tort and strict liability. The likelihood of health-care librarians being held liable for the service they provide is assessed, and methods of reducing this risk are discussed. The key issues are: whether the recipient is relying on the information you provide and whether this reliance is reasonable; whether money changed hands; and whether the institution is under a statutory obligation to provide the information. All-embracing exclusion clauses are often used as an attempt to exclude liability, but their validity in law is doubtful, and they should be replaced by more reasonable ones. Adhering to good professional practice, and avoiding interpreting information for laymen are ways of minimizing liability. If court proceedings do take place, professional indemnity insurance can reduce financial loss.

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

    NASA Astrophysics Data System (ADS)

    Danidou, Yianna; Schafer, Burkhard

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

  5. 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.

  6. The historical debate on brain and legal responsibility--revisited.

    PubMed

    Kroeber, Hans-Ludwig

    2007-01-01

    The actual discussion on brain research, free will, and legal responsibility repeats all the arguments of a very similar discussion in central Europe 100 years ago, around 1900. Already back then the idea that human perception, emotions, thinking and behavior have a material basis was not new. It is conditioned and limited by the structure and workings of the brain. This applies to sane and sick brains alike. In this debate criminality was made a topic of biology by interpreting it as a symptom of genetic "degeneration". In regard to brain damage in humans with socially deviant behavior, psychiatry claimed responsibility for a large proportion of criminals. This article lays out some important positions of psychiatry and jurisprudence in this debate on the foundations of legal responsibility and their impact up to now. The debate leads to the conclusion that human behavior cannot be described adequately in physical terms of cause and effect. The psychological approach to describe reasons, motives and intentions is substantially more appropriate. This method is also accepted by criminal law. Copyright (c) 2007 John Wiley & Sons, Ltd.

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

    PubMed

    Holoyda, Brian; Newman, William

    2014-01-01

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

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

    ERIC Educational Resources Information Center

    Glick, David Matthew

    2010-01-01

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

  9. 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.

  10. 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

  11. Ethical and legal responsibilities of the neurosurgeon: selected topics.

    PubMed

    Kaufman, H H; Lewin, J; Munzner, R; Pearson, J; Sullivan, R; Rector, S; Vannoy, D W; Frost, J L; Brisell, D

    1991-06-01

    There are many ethical and legal implications in a variety of activities in the neurosurgeon's day-to-day practice. Awareness of and proper attention to these issues are a professional responsibility that should be attended to, to ensure that the practice of medicine is carried out efficiently and effectively, to maintain public confidence, and to try to avoid micromanagement by third parties. The authors discuss four such subjects of particular interest to them, namely: 1) reporting of certain diseases and conditions to authorities and third parties; 2) acting without the consent of the patient to prevent harm to him or her and/or others; 3) reporting problems with drugs and devices; and 4) the detection and treatment of colleagues impaired by alcohol, drugs, or mental or physical illness.

  12. Legal Responsibility for Curriculum in the Basic Skills: Whose Job Is It?

    ERIC Educational Resources Information Center

    Hodges, V. Pauline; Johnson, William H.

    Basic skills teachers have a legal and moral responsibility to instruct students in reading, writing, and mathematics. The obligations of teachers and principals are extensions of the legal responsibility assumed by the state and local boards of education and practitioners' professional and moral responsibilities. Teachers and principals are…

  13. AGOG Committee Opinion. Number 370. July 2007. Institutional responsibility to provide legal representation.

    PubMed

    2007-07-01

    Hospitals, academic institutions, professional corporations, and other health care organizations should have policies and procedures by which alleged violations of professional behavior can be reported and investigated. These institutions should adopt policies on legal representation and indemnification to protect those whose responsibilities in managing such investigations may expose them to potentially costly legal actions. The American College of Obstetricians and Gynecologists' Committee on Ethics supports the position of the American Association of University Professors regarding institutional responsibility for legal demands on faculty.

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

    ERIC Educational Resources Information Center

    McFarlane, David E.

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

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

    ERIC Educational Resources Information Center

    McFarlane, David E.

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

  16. 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

  17. 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)

  18. 22 CFR 72.9 - Responsibility if legal representative is present.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... present. 72.9 Section 72.9 Foreign Relations DEPARTMENT OF STATE PROTECTION AND WELFARE OF AMERICANS... Nationals § 72.9 Responsibility if legal representative is present. (a) A consular officer should not act as provisional conservator if the consular officer knows that a legal representative is present in the foreign...

  19. 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,…

  20. Legal and social service responses to child sexual abuse: a primer and discussion of relevant research.

    PubMed

    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, including research on investigator training, forensic interviewing techniques, children's suggestibility, jurors' perceptions of child witnesses, and courtroom accommodations for child witnesses.

  1. Legal awareness and responsibilities of nursing staff in administration of patient care in a trust hospital.

    PubMed

    Kumar, Hemant; Gokhale; Jain, Kalpana; Mathur, D R

    2013-12-01

    The enactment of various legal provisions like Consumer Protection Act, Right to Information Act and standardization of procedures and practices have brought nursing care under legal ambit. Needless to say, the level of legal awareness amidst nursing staff in India is abysmally low. Present study was undertaken to assess the level of legal awareness and responsibilities of nursing staff in administration of patient care at a trust hospital. An open ended questionnaire was prepared to assess the level of legal awareness among the nursing staff. The GNM and ANM nursing staff deployed at the nursing home and general wards only were randomly screened and specialty nurses were exempted. The knowledge on various legal provisions, as was applicable to nursing, across all categories of nurses which were under review, was found to be poor. The nursing staff had poor knowledge on patients' rights and also on their legal obligations towards patients. The GNM nurses fared better than ANM nurses. However, 46.67 % of nurses were found to be aware about cases of omission or commission. This study substantiated the fact that nurses had poor knowledge on the law that governed their profession and that in days to come, it would become increasingly difficult for them to avoid law suits which were prepared against them, unless remedial actions were taken.

  2. Determination of legal responsibility in iatrogenic tracheal and laryngeal stenosis.

    PubMed

    Svider, Peter F; Pashkova, Anna A; Husain, Qasim; Mauro, Andrew C; Eloy, Jean Daniel; Baredes, Soly; Eloy, Jean Anderson

    2013-07-01

    Laryngotracheal stenosis usually occurs as a result of injury from endotracheal intubation or tracheostomy placement. With an estimated incidence of 1% to 22% after these procedures, chronic sequelae ranging from discomfort to devastating effects on quality of life, and even death, make this complication a potential litigation target. We examined federal and state court records for malpractice regarding laryngotracheal stenosis and examined characteristics influencing determination of liability. Retrospective analysis. The Westlaw Next legal database (Thomson Reuters, New York, NY) was searched for pertinent federal and state malpractice cases and examined for several factors including alleged cause of malpractice, complications, case outcome, and specialty of the defendants. Twenty-three pertinent cases over 35 years were identified. Fourteen (60.9%) cases were decided in the physician's favor, with six plaintiff verdicts awarding an average of $922,129 for malpractice, and three out-of-court settlements averaging $441,600. Hospitals were the most frequently named defendants, and anesthesiologists were most commonly named physician defendants. Endotracheal intubations and tracheostomy history were frequent factors in these cases. Laryngeal lesions were more likely to result in payments, trending higher than those stemming from tracheal lesions. Multiple cases mentioned previous intubation as a potential risk factor that may have led to laryngotracheal stenosis. Location of stenosis and requirement of reparative procedures may also influence outcomes. Cases not decided in the defendant's favor frequently included other extenuating circumstances, including severity of other injuries. Although the majority of cases were defendant decisions, the verdicts decided for the plaintiffs had considerable damages awarded. Copyright © 2013 The American Laryngological, Rhinological and Otological Society, Inc.

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

    PubMed

    Ahmadiani, Saeed; Nikfar, Shekoufeh

    2016-05-04

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

  4. [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.

  5. 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...

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

    ERIC Educational Resources Information Center

    Tibbitts, Felisa

    2015-01-01

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

  7. 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…

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

    PubMed

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

    2017-04-01

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

  9. Navigating the legal framework for state foodborne illness surveillance and outbreak response: observations and challenges.

    PubMed

    David, Stephanie D; Katz, Rebecca L

    2013-03-01

    Public health and food safety officials have long recognized the important role that state agencies play in protecting consumers from foodborne disease. With the increasing occurrence of multi-jurisdictional outbreaks, efforts have been underway to modernize and make more uniform the patchwork of state laws, protocols, and policies that exist across the U.S. for food-borne illness surveillance and outbreak response activities. To aid in this endeavor, and to better understand the role of law in a state's ability to carry out these functions effectively, we are creating a database of key legal authorities and provisions relating to foodborne illness surveillance and outbreak response across the 50 states and District of Columbia. There appears to be wide variation in the legal infrastructure for these activities, ranging from how certain terms are defined, to what and when foodborne illnesses must be reported, to which level of government has responsibility over investigation and response of foodborne outbreaks. As outbreaks become more widespread and involve multiple jurisdictions, it is important that public health and food safety stakeholders understand the legal authorities under which they operate, how such authorities may impede or promote efficient and effective surveillance and outbreak response, and use that knowledge to determine if state laws should be updated or strengthened. © 2013 American Society of Law, Medicine & Ethics, Inc.

  10. Nurse drug diversion and nursing leader's responsibilities: legal, regulatory, ethical, humanistic, and practical considerations.

    PubMed

    Tanga, Hazel Y

    2011-01-01

    Nurses who divert drugs pose significant threats to patient safety, but also become a liability to healthcare organizations and the nursing department where the diversion occurred. Healthcare and nursing leaders have a responsibility to ensure that security systems are in place to prevent diversion and protect patients if nursing impairment is suspected as a result of drug diversion. Nursing leaders must consider legal, regulatory, ethical, humanistic, and practical considerations in resolving this issue.

  11. [Responsibilities of physicians in legal practice with emphasis on civil law].

    PubMed

    Veselić, Ivica

    2007-01-01

    Medical doctors and lawyers respectively are very often directed to cooperate in many different ways. It is worth informing the medical doctors in a simple and understandable way of a newer and more recent practice of the term of responsibility and its usage in legal practice. Placing subjective or objective medical doctors' responsibility arises a considerable doubt in practice. Author's opinion is that the legal practice should keep the subjective responsibility because it is precisely the subjective responsibility that has a supremacy over the objective one. He is, of course, taking into consideration the honorable medical profession which shouldn't professionally constraint the doctors in doing their honorable work by confronting them with ethical and professional dilemma about whether they would be burdened with criminal or civil responsibility, and all that on the assumption of lege artis. The author has himself searched and checked the archive and Internet records of 200 court rulings of the Municipal Court in Zagreb and the District Court in Zagreb. He also searched Internet records of the Supreme Court of the Republic of Croatia both for the civil law responsibility as for the criminal law one. The figures shown in this work are appriximate and they are to be used as guidelines and support for indentifying and solving problems both in medical as in legal practice. After checking the court rulings of the Municipal Court in Zagreb the author has noted that the mistakes most frequently occur in the field of diagnostics and additional health care (42%), in performing a surgery and post-operative complications (43%) and in the field of ginecology (15%). With the developpement of medicine and technology the risks and medical mistakes are ever growing. However, maybe one simple conversation between a doctor and a patient before and after providing medical services would solve many of the dilemmas and reduce the unreasonable expectations.

  12. 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.

  13. 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.

  14. Responsible use of cone beam computed tomography: minimising medico-legal risks.

    PubMed

    Noffke, C E E; Farman, A G; Van der Linde, A; Nel, S

    2013-07-01

    This communication highlights some of the ethical and possible legal responsibilities which pertain to the taking, reading, reporting, and communication of findings from cone-beam computed tomography (CBCT) scans. The importance of knowledge of head and neck anatomy and pathology to reduce the likelihood of incorrect interpretation is emphasised. Failure to detect critical findings in any diagnostic image can potentially result in medico-legal consequences. CBCT is no exception to this rule. Dental schools are advised to include CBCT imaging as a diagnostic tool in their under- and postgraduate curricula thereby equipping graduates to use 3D imaging in general and CBCT in particular. Existing dental practitioners are advised to seek continuing education on 3D imaging as part of their required lifelong learning.

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

    PubMed

    Padela, Aasim I

    2016-12-30

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

  16. [Assessment of fitness for police custody: the physicians' responsibility and legal liability].

    PubMed

    Heide, S; Krüger, M; Kroke, S; Kleiber, M; Stiller, D

    2011-06-01

    In contrast to several other European countries, German law provides only insufficient regulations on who is responsible for the medical assessment of persons in police custody. The police frequently report that doctors refuse to assess fitness for custody. Under consideration of the current legal background, we will discuss whether and, if so, which physicians can be obligated to carry out these assessments. We also examine a physician's possible exposure to criminal and civil liability if he or she refuses to assess fitness for custody or fails to render a correct assessment. © Georg Thieme Verlag KG Stuttgart · New York.

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

    PubMed

    Bandrés, Javier; Llavona, Rafael

    2011-11-01

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

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

    PubMed

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

    2013-01-01

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

  19. Mutual Aid Agreements: Essential Legal Tools for Public Health Preparedness and Response

    PubMed Central

    Stier, Daniel D.; Goodman, Richard A.

    2007-01-01

    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. PMID:17413085

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

    PubMed

    Bryant, L E

    1998-01-01

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

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

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... legal process on a first-come, first-served basis, with any such legal process being satisfied out of... prescribed under such section by the Secretary of Health and Human Services; (3) Such moneys as remain...

  2. 5 CFR 581.303 - Response to legal process or interrogatories.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... legal process on a first-come, first-served basis, with any such legal process being satisfied out of... prescribed under such section by the Secretary of Health and Human Services; (3) Such moneys as remain...

  3. 5 CFR 581.303 - Response to legal process or interrogatories.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... legal process on a first-come, first-served basis, with any such legal process being satisfied out of... prescribed under such section by the Secretary of Health and Human Services; (3) Such moneys as remain...

  4. 5 CFR 581.303 - Response to legal process or interrogatories.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... legal process on a first-come, first-served basis, with any such legal process being satisfied out of... prescribed under such section by the Secretary of Health and Human Services; (3) Such moneys as remain...

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

    PubMed

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

    2005-01-01

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

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

    PubMed

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

    2014-01-01

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

  7. 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…

  8. 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.

  9. 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.

  10. Response to a legal challenge. Five steps to defensible credentialing examinations.

    PubMed

    Cavanaugh, S H

    1991-03-01

    In 1975 the National Board for Respiratory Therapy (currently the National Board for Respiratory Care) was named as a defendant in a class action suit field on behalf of three individuals seeking relief for alleged violations of Title VII of the Civil Rights Act of 1964, as well as the Sherman Antitrust Act. Although a pretrial settlement was reached, the conduct of this case demonstrates the potential vulnerability of credentialing examinations to complaints regarding discrimination and the necessity for credentialing organizations to be socially responsible for the potential use of test results by employers. The board has since instituted a systematic five-step research and development process that is used for all of its examinations to ensure and document that they are fair, valid, and defensible. This article recounts the salient aspects of the class action suit, discusses implications and current applicable technical standards and legal guidelines, and describes the components of the "Five Step Examination Development Process."

  11. 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

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

    PubMed

    Craigie, Jillian

    2015-01-01

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

  13. 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…

  14. 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…

  15. 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. © 2014 by The Hastings Center.

  16. Ownership and human tissue - the legal conundrum: A response to Jordaan's critique.

    PubMed

    Mahomed, S; Nöthling-Slabbert, M; Pepper, M S

    2017-02-27

    The debate over whether there should be a property or non-property approach with regard to human tissue is only the tip of the iceberg, because the issues involved are very complex, reflecting profound considerations on the nature of the self and the structuring of society; the balance of power between the citizen, the government and commercial interests; and human beings' perceptions of themselves and their bodies. This article responds to a publication by Donrich Jordaan titled 'Social justice and research using human biological material: A response to Mahomed, Nöthling-Slabbert and Pepper' in the July 2016 SAMJ. The original article to which Jordaan's critique refers and that provides the source for his response appeared in the South African Journal of Bioethics and Law in 2013, titled 'The legal position on the classification of human tissue in South Africa: Can tissues be owned?'. It is our contention that Jordaan's critique is based on a misinterpretation of the issues raised relating to the ownership of human tissue, an issue extensively debated in the academic sphere for many years. Jordaan's critique focuses on selected aspects of the original article and draws unjustifiable inferences from these. The purpose of this article is to contextualise Jordaan's critique and reaffirm the validity of the arguments made in the original article in 2013. There are, however, certain aspects of Jordaan's critique that we as authors of the original article acknowledge and appreciate in the spirit of academic discourse.

  17. 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,…

  18. 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,…

  19. ['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.

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

    PubMed

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

    2017-01-28

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

  1. DNA paternity tests in Spain without the mother's consent: the legal responsibility of the laboratories.

    PubMed

    Barrot, C; Sánchez, C; Ortega, M; De Alcaraz-Fossoul, J; Carreras, C; Medallo, J; Bono, N; Royes, A; Gené, M

    2014-01-01

    It is technically feasible to perform paternity diagnosis testing solely involving an alleged father and his descendent. However, there are serious legal and ethical problems for forensic genetics laboratories when it comes to paternity testing cases for investigating the alleged father-child relationship if the biological mother has not given consent to access her genetic information. Based on the Spanish Constitution, the new Code of Ethics of the Spanish Medical Association includes several articles on studies about genetic information and their acceptance by all the individuals involved. This problem is greater when the child is a minor, mentally incapacitated or psychologically incapable, because current Spanish law requires informed consent from legal representatives, but the law does not typify what happens when one parent gives consent (the putative father) and the other parent (the mother) does not agree. The aim of this study is to put forward legal solutions to avoid potential legal problems.

  2. [Responsibility of the anaesthetist in preoperative risk management. Comments on the legal implications of medical publications in this field].

    PubMed

    Bock, R-W; Dudziak, R; Wilke, H J

    2004-06-01

    There is an increasing number of publications in the medical literature which address the medical and legal obligations of a specialist in a given field. These articles, mostly editorials, seek to delineate the optimal course of treatment based on the current state of the art and science of medicine. However, we believe that the unreflected adoption of these often highly theoretical ideas and suggestions carries its own dangers. For one thing, there is the threatening financial crisis in the public health system. In addition, the feasibility of implementing these suggestions in routine medical and surgical practice is questionable. Last but not least, suggestions and guidelines for preoperative risk management by, for instance, Lingnau and Strohmenger 2002 cross the well established boundaries of the various medical and surgical specialties, which obviously demands careful deliberations among the specialties involved. So far, few specialty boards have seen fit to act on these suggestions. Our article on the medical and legal responsibilities of the anaesthesiologist in perioperative risk management restates the aforementioned concerns. We attempt to point out medical and legal points of controversy. In particular, we caution against the ever present danger of a bona fide adoption of visionary guidelines as the "standard of care" by both medical and legal experts. We feel that it is imperative to carefully evaluate editorial comments and suggestions, however well meaning, in the light of established teaching and practice, lest these comments and suggestions become the basis of an unjustified determination of a physicians innocence or guilt in a court of law.

  3. 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…

  4. 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…

  5. 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…

  6. 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…

  7. 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…

  8. 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

  9. 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.

  10. Legal Responses to Terrorism: Case Study of the Republic of Kenya

    DTIC Science & Technology

    2012-12-01

    advisories that paralyzed the tourism sector in 2003, recording a loss of $14 million a week ( tourism employs more than half a million people in Kenya and...2009),117–119. 10 Marc Lacey, “Threat of Terrorism Hurts Kenya Tourism ,” New York Times, January 4, 2004, accessed August 16, 2012, http...in a dark corner at the edge of the legal universe, such as how a constitutional regime should respond to violent challenges.”23 Some scholars

  11. Malfunctions of robotic system in surgery: role and responsibility of surgeon in legal point of view

    PubMed Central

    Pozzi, Giada; Borghi, Felice; Marano, Alessandra; Delbon, Paola; Amato, Bruno; Santangelo, Michele; Buccelli, Claudio; Niola, Massimo; Martino, Valter; Capasso, Emanuele

    2016-01-01

    Abstract Robotic surgery (RS) technology has undergone rapid growth in the surgical field since its approval. In clinical practice, failure of robotic procedures mainly results from a surgeon’s inability or to a device malfunction. We reviewed the literature to estimate the impact of this second circumstance in RS and its consequent legal implications. According to data from the literature, device malfunction is rare. We believe it is necessary to complement surgical training with a technical understanding of RS devices. PMID:28352809

  12. Malfunctions of robotic system in surgery: role and responsibility of surgeon in legal point of view.

    PubMed

    Ferrarese, Alessia; Pozzi, Giada; Borghi, Felice; Marano, Alessandra; Delbon, Paola; Amato, Bruno; Santangelo, Michele; Buccelli, Claudio; Niola, Massimo; Martino, Valter; Capasso, Emanuele

    2016-01-01

    Robotic surgery (RS) technology has undergone rapid growth in the surgical field since its approval. In clinical practice, failure of robotic procedures mainly results from a surgeon's inability or to a device malfunction. We reviewed the literature to estimate the impact of this second circumstance in RS and its consequent legal implications. According to data from the literature, device malfunction is rare. We believe it is necessary to complement surgical training with a technical understanding of RS devices.

  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. Copyright © 2016 Elsevier Ltd. All rights reserved.

  14. 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.

  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. 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.

  17. While You Were Sleepwalking: Science and Neurobiology of Sleep Disorders & the Enigma of Legal Responsibility of Violence During Parasomnia.

    PubMed

    Popat, Shreeya; Winslade, William

    In terms of medical science and legal responsibility, the sleep disorder category of parasomnias, chiefly REM sleep behavior disorder and somnambulism, pose an enigmatic dilemma. During an episode of parasomnia, individuals are neither awake nor aware, but their actions appear conscious. As these actions move beyond the innocuous, such as eating and blurting out embarrassing information, and enter the realm of rape and homicide, their degree of importance and relevance increases exponentially. Parasomnias that result in illegal activity, particularly violence, are puzzling phenomena for medicine and the law. Via a review of the pertinent medical literature, a general overview of the current scientific knowledge of parasomnias will be provided. Though this knowledge is far from complete, it can provide some neurobiological information about the nature of parasomnia, including conclusions about a sleepwalker's level of intention as well as factors that predispose one to such episodes. Although a parasomniac's complete lack of consciousness warrants acquittal from criminal liability, it does not exclude responsibility for subjecting oneself to exacerbating factors that result in these violent parasomnias. Individuals should be held accountable if they could be expected to control these factors. In addition, they should undergo appropriate treatment and management in order to prevent future parasomnia behaviors. Establishing a legal defense for parasomnia will prove difficult due to the strong potential for malingering, so specific criteria will be outlined in order to distinguish between true and fraudulent claims of crimes committed during parasomniac states.

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

    PubMed

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

    2005-01-01

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

  19. Legal Insanity

    PubMed Central

    2008-01-01

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

  20. 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…

  1. LEGAL ASPECTS OF STUDENT TEACHING.

    ERIC Educational Resources Information Center

    SWALLS, FRED

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

  2. Treating war detainees and terror suspects: legal and ethical responsibilities of military physicians.

    PubMed

    Singh, Jerome Amir

    2007-12-01

    Several international legal instruments and ethical guidelines bestow rights and impose duties on detainees and military physicians, respectively. Ideological totalism, moral disengagement, and victim blame can facilitate the abuse of detainees, and this mindset must be avoided by military physicians. Physicians should report suspected violations of detainee rights to the U.N. Special Rapporteur on Torture or organizations such as the International Committee of the Red Cross, Médecins Sans Frontières, Amnesty International, Physicians for Human Rights, or Human Rights Watch. To discourage victimization of physician whistleblowers on detainee abuse, domestic medical associations should pressure their respective governments to explicitly endorse their codes of ethics. Domestic medical communities should regard it as their ethical duty to pressure their respective governments to accede to the Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, if their governments have not already done so. They should also regard it as their ethical duty to pressure their governments to afford "prisoner of war" status to persons they detain. If faced with a conflict between following national policies and following universally accepted, multilateral principles of international law and ethics, military physicians should consider themselves ethically bound to follow the latter. The duty of care must supercede any blanket notion of loyalty, obligation, allegiance, or patriotism that the physician may feel is owed to his or her station. This is the true ethos of service to humankind.

  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. Response to: Dittrich et al.: Non-Embryo-Destructive Extraction of Pluripotent Embryonic Stem Cells – Overlooked Legal Prohibitions, Professional Legal Consequences and Inconsistencies in Patent Law

    PubMed Central

    Faltus, T.; Storz, U.

    2016-01-01

    The publication of “Non-embryo-destructive Extraction of Pluripotent Embryonic Stem Cells: Implications for Regenerative Medicine and Reproductive Medicine” by Dittrich et al. in Geburtshilfe und Frauenheilkunde 2015; 75: 1239–1242 1 describes various possibilities which could result from the non-embryo-destructive extraction of embryonic stem cells from human blastocysts. But implementing this method is more problematic, both legally and ethically, than the authors have represented it to be and is illegal in Germany. German patent DE 10 2004 062 184 on the non-embryo-destructive extraction of embryonic stem cells referred to by Dittrich et al. contravenes the higher-ranking case-law of the European Court of Justice. Ultimately, the non-embryo-destructive harvesting of embryonic stem cells with the aim of storing these cells for use in potential therapies as proposed by Dittrich et al. is prohibited in Germany and could lead to criminal prosecution. PMID:28094826

  5. Response to: Dittrich et al.: Non-Embryo-Destructive Extraction of Pluripotent Embryonic Stem Cells - Overlooked Legal Prohibitions, Professional Legal Consequences and Inconsistencies in Patent Law.

    PubMed

    Faltus, T; Storz, U

    2016-12-01

    The publication of "Non-embryo-destructive Extraction of Pluripotent Embryonic Stem Cells: Implications for Regenerative Medicine and Reproductive Medicine" by Dittrich et al. in Geburtshilfe und Frauenheilkunde 2015; 75: 1239-1242 1 describes various possibilities which could result from the non-embryo-destructive extraction of embryonic stem cells from human blastocysts. But implementing this method is more problematic, both legally and ethically, than the authors have represented it to be and is illegal in Germany. German patent DE 10 2004 062 184 on the non-embryo-destructive extraction of embryonic stem cells referred to by Dittrich et al. contravenes the higher-ranking case-law of the European Court of Justice. Ultimately, the non-embryo-destructive harvesting of embryonic stem cells with the aim of storing these cells for use in potential therapies as proposed by Dittrich et al. is prohibited in Germany and could lead to criminal prosecution.

  6. [Ethical-legal aspects of the civil responsibility of physicians in professional practice].

    PubMed

    Fortes, P A

    1990-12-01

    The ethical-juridical concepts related to the civil responsibility of medical activity in liberal practice are brought up to date. To this end, the arguments which guide the shaping up of the contractual relationship between the physician and the client are analysed, as also are the foundations on which the notion of guilt--an essential component of civil responsibility, whether relating to technical acts of to those within the field of medical humanism--are grounded. The answers presented for the solution of this question by European juridical systems are given.

  7. Handbook on the Legal Rights and Responsibilities of School Personnel and Students in the Areas of Moral and Civic Education and Teaching About Religion.

    ERIC Educational Resources Information Center

    California State Board of Education, Sacramento.

    This handbook, developed by the California Moral Guidelines Implementation Committee, provides a structure of legal rights and responsibilities for school personnel and students in moral and civic education and teaching about religion. These guidelines were adopted by the California State Board of Education in 1973. Section 1 presents the legal…

  8. 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…

  9. 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,…

  10. 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

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

    PubMed

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

    2014-01-22

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

  12. Clinical, Radiologic, and Legal Significance of "Extensor Response" in Posttraumatic Coma.

    PubMed

    Firsching, Raimund; Woischneck, Dieter; Langejürgen, Alexander; Parreidt, Andreas; Bondar, Imre; Skalej, Martin; Röhl, Friedrich; Voellger, Benjamin

    2015-11-01

    The timely detection of neurologic deterioration can be critical for the survival of a neurosurgical patient following head injury. Because little reliable evidence is available on the prognostic value of the clinical sign "extensor response" in comatose posttraumatic patients, we investigated the correlation of this clinical sign with outcome and with early radiologic findings from magnetic resonance imaging (MRI). This retrospective analysis of prospectively obtained data included 157 patients who had remained in a coma for a minimum of 24 hours after traumatic brain injury. All patients received a 1.5-T MRI within 10 days (median: 2 days) of the injury. The correlations between clinical findings 12 and 24 hours after the injury-in particular, extensor response and pupillary function, MRI findings, and outcome after 1 year-were investigated. Statistical analysis included contingency tables, Fisher exact test, odds ratios (ORs) with confidence intervals (CIs), and weighted κ values. There were 48 patients with extensor response within the first 24 hours after the injury. Patients with extensor response (World Federation of Neurosurgical Societies coma grade III) statistically were significantly more likely to harbor MRI lesions in the brainstem when compared with patients in a coma who had no further deficiencies (coma grade I; p = 0.0004 by Fisher exact test, OR 10.8 with 95% CI, 2.7-42.5) and patients with unilateral loss of pupil function (coma grade II; p = 0.0187, OR 2.8 with 95% CI, 1.2-6.5). The correlation of brainstem lesions as found by MRI and outcome according to the Glasgow Outcome Scale after 1 year was also highly significant (p ≤ 0.016). The correlation of extensor response and loss of pupil function with an unfavorable outcome and with brainstem lesions revealed by MRI is highly significant. Their sudden onset may be associated with the sudden onset of brainstem dysfunction and should therefore be regarded as one of the most

  13. Cannabis and crash responsibility while driving below the alcohol per se legal limit.

    PubMed

    Romano, Eduardo; Voas, Robert B; Camp, Bayliss

    2017-11-01

    There is a growing interest in how extensively the use of marijuana by drivers relates to crash involvement. While cognitive, lab-based studies are consistent in showing that the use of cannabis impairs driving tasks, epidemiological, field-based studies have been inconclusive regarding whether cannabis use causes an increased risk of accidents. There is ample evidence that the presence of cannabis among drivers with a BAC≥0.08g/dL highly increases the likelihood of a motor vehicle crash. Less clear, however, is the contribution of cannabis to crash risk when drivers have consumed very little or no alcohol. This effort addresses this gap in knowledge. We took advantage of a unique database that merged fatal crashes in the California Statewide Integrated Traffic Records System (SWITRS) and the Fatality Analysis Reporting System (FARS), which allows for a precise identification of crash responsibility. To account for recent increase in lab testing, we restricted our sample to cover only the years 1993-2009. A total of 4294 drivers were included in the analyses. Descriptive analyses and logistic regressions were run to model the contribution of alcohol and drugs to the likelihood of being responsible in a fatal crash. We found evidence that compared with drivers negative for alcohol and cannabis, the presence of cannabis elevates crash responsibility in fatal crashes among drivers at zero BACs (OR=1.89) and with 0

  14. 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.

  15. 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)

  16. 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

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

    PubMed

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

    2013-04-26

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

  18. [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.

  19. The Trouble with Legal Ethics.

    ERIC Educational Resources Information Center

    Simon, William H.

    1991-01-01

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

  20. Achieving public health legal preparedness: how dissonant views on public health law threaten emergency preparedness and response.

    PubMed

    Botoseneanu, Anda; Wu, Helen; Wasserman, Jeffrey; Jacobson, Peter D

    2011-09-01

    Effective management of modern public health emergencies requires the coordinated efforts of multiple agencies representing various disciplines. Organizational culture differences between public health (PH) and emergency management (EM) entities may hinder inter-agency collaboration. We examine how PH and EM differ in their approach to PH law and how such differences affect their collaboration towards PH preparedness. We conducted 144 semi-structured interviews with local and state PH and EM officials between April 2008 and November 2009. Thematic qualitative analysis in ATLAS.ti was used to extract characteristics of each agency's approach to PH legal preparedness. Two conflicting approaches to the law emerge. The PH approach is characterized by perceived uncertainty regarding legal authority over preparedness planning tasks; expectation for guidance on interpretation of existing laws; and concern about individual and organizational liability. The EM approach reveals perception of broad legal authority; flexible interpretation of existing laws; and ethical concerns over infringement of individual freedoms and privacy. Distinct interpretations of preparedness law impede effective collaboration for PH preparedness. Clarification of legal authority mandates, designation within laws of scope of preparedness activities and guidance on interpretation of current federal and state laws are needed.

  1. Responsibility without legal authority? Tackling alcohol-related health harms through licensing and planning policy in local government.

    PubMed

    Martineau, F P; Graff, H; Mitchell, C; Lock, K

    2014-09-01

    The power to influence many social determinants of health lies within local government sectors that are outside public health's traditional remit. We analyse the challenges of achieving health gains through local government alcohol control policies, where legal and professional practice frameworks appear to conflict with public health action. Current legislation governing local alcohol control in England and Wales is reviewed and analysed for barriers and opportunities to implement effective population-level health interventions. Case studies of local government alcohol control practices are described. Addressing alcohol-related health harms is constrained by the absence of a specific legal health licensing objective and differences between public health and legal assessments of the relevance of health evidence to a specific place. Local governments can, however, implement health-relevant policies by developing local evidence for alcohol-related health harms; addressing cumulative impact in licensing policy statements and through other non-legislative approaches such as health and non-health sector partnerships. Innovative local initiatives-for example, minimum unit pricing licensing conditions-can serve as test cases for wider national implementation. By combining the powers available to the many local government sectors involved in alcohol control, alcohol-related health and social harms can be tackled through existing local mechanisms. © The Author 2013. Published by Oxford University Press on behalf of Faculty of Public Health.

  2. Responsibility without legal authority? Tackling alcohol-related health harms through licensing and planning policy in local government

    PubMed Central

    Martineau, F.P.; Graff, H.; Mitchell, C.; Lock, K.

    2014-01-01

    Background The power to influence many social determinants of health lies within local government sectors that are outside public health's traditional remit. We analyse the challenges of achieving health gains through local government alcohol control policies, where legal and professional practice frameworks appear to conflict with public health action. Methods Current legislation governing local alcohol control in England and Wales is reviewed and analysed for barriers and opportunities to implement effective population-level health interventions. Case studies of local government alcohol control practices are described. Results Addressing alcohol-related health harms is constrained by the absence of a specific legal health licensing objective and differences between public health and legal assessments of the relevance of health evidence to a specific place. Local governments can, however, implement health-relevant policies by developing local evidence for alcohol-related health harms; addressing cumulative impact in licensing policy statements and through other non-legislative approaches such as health and non-health sector partnerships. Innovative local initiatives—for example, minimum unit pricing licensing conditions—can serve as test cases for wider national implementation. Conclusions By combining the powers available to the many local government sectors involved in alcohol control, alcohol-related health and social harms can be tackled through existing local mechanisms. PMID:23933915

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

    PubMed

    Cazalet, E

    1977-10-01

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

  4. Geographic variability in alcohol-related crashes in response to legalized Sunday packaged alcohol sales in New Mexico.

    PubMed

    McMillan, Garnett P; Hanson, Timothy E; Lapham, Sandra C

    2007-03-01

    On July 1, 1995 the state of New Mexico lifted its ban on Sunday packaged alcohol sales. Legislation lifting the ban included a local option allowing individual communities within the state to hold an election to reinstitute the ban on Sunday packaged alcohol sales. Previous research has shown a clear statewide increase in alcohol-related crash and crash fatality rates after the ban was lifted. The goal of this study is to measure county-level variability in changes in alcohol-related crash rates while adjusting for county socio-demographic characteristics, spatial patterns in crash rates and temporal trends in alcohol-related crash rates. Bayesian hierarchical binomial regression models were fit to the observed quarterly crash counts for all counties between July 1, 1990 and June 30, 2000. Results show marked variability in the impact of legalized Sunday packaged alcohol sales on alcohol-related crash rates. Relative risks of an alcohol-related crash for the post-repeal versus pre-repeal period vary across counties from 1.04 to 1.90. Counties with older population suffered a greater negative impact of legalized Sunday packaged alcohol sales. Counties with communities that quickly passed the local option to re-ban packaged sales on Sundays were able to mitigate most of the deleterious impact of increased alcohol availability that was observed across the state.

  5. 24 CFR 58.11 - Legal capacity and performance.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

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

  6. 24 CFR 58.11 - Legal capacity and performance.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 24 Housing and Urban Development 1 2013-04-01 2013-04-01 false Legal capacity and performance. 58... RESPONSIBILITIES General Policy: Responsibilities of Responsible Entities § 58.11 Legal capacity and performance. (a) A responsible entity which believes that it does not have the legal capacity to carry out...

  7. 24 CFR 58.11 - Legal capacity and performance.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 24 Housing and Urban Development 1 2014-04-01 2014-04-01 false Legal capacity and performance. 58... RESPONSIBILITIES General Policy: Responsibilities of Responsible Entities § 58.11 Legal capacity and performance. (a) A responsible entity which believes that it does not have the legal capacity to carry out...

  8. 24 CFR 58.11 - Legal capacity and performance.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 24 Housing and Urban Development 1 2011-04-01 2011-04-01 false Legal capacity and performance. 58... RESPONSIBILITIES General Policy: Responsibilities of Responsible Entities § 58.11 Legal capacity and performance. (a) A responsible entity which believes that it does not have the legal capacity to carry out...

  9. 24 CFR 58.11 - Legal capacity and performance.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

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

  10. [Prevention and health promotion as a responsibility of legal health insurance--exemplified by a local insurance bureau].

    PubMed

    Ollenschläger, G; Denecke, A

    1994-01-01

    The German statutory health insurance bodies are legally obliged to support health promotion of the assured, as stipulated by German social legislation since 1988. An analysis was performed covering a period of 5 years (1986-1990) in respect of all health-promoting and preventive measures carried out by a local so-called "Allgemeine Ortskrankenkasse (= AOK)" looking after 170,000 insured persons, to find out the impact of the new legislation on the practice of that particular local insurance body. During the period under report no changes in activities were recorded that would be worth mentioning. Although expenditure for prevention rose by 50%, it was nevertheless impossible to administer preventive measures to all the insured persons throughout the area since the total amount reserved for this purpose was only 0.42% of the overall expenditure. A major portion of the documented measures such as consultation on foods, health-promoting sports, getting rid of the smoking habit, social counselling, anti-stress training courses and the like were not performed for primary prevention but on subjects who were already sick (diabetics, cardiovascular patients, patients suffering from diseases of the locomotor apparatus). Definite statements on the quality or success of the measures were possible in selected cases only. The results of the study prompted organisational improvements in that particular insurance body. Since their financial resources are limited, these bodies should shift the emphasis of their expert possibilities in prevention to on-target care of high-risk groups and to the training of multiplicators.

  11. Handling ethical, legal and social issues in birth cohort studies involving genetic research: responses from studies in six countries

    PubMed Central

    2010-01-01

    Background Research involving minors has been the subject of much ethical debate. The growing number of longitudinal, pediatric studies that involve genetic research present even more complex challenges to ensure appropriate protection of children and families as research participants. Long-term studies with a genetic component involve collection, retention and use of biological samples and personal information over many years. Cohort studies may be established to study specific conditions (e.g. autism, asthma) or may have a broad aim to research a range of factors that influence the health and development of children. Studies are increasingly intended to serve as research platforms by providing access to data and biological samples to researchers over many years. This study examines how six birth cohort studies in North America and Europe that involve genetic research handle key ethical, legal and social (ELS) issues: recruitment, especially parental authority to include a child in research; initial parental consent and subsequent assent and/or consent from the maturing child; withdrawal; confidentiality and sample/data protection; handling sensitive information; and disclosure of results. Methods Semi-structured telephone interviews were carried out in 2008/09 with investigators involved in six birth cohort studies in Canada, Denmark, England, France, the Netherlands and the United States. Interviewees self-identified as being knowledgeable about ELS aspects of the study. Interviews were conducted in English. Results The studies vary in breadth of initial consent, but none adopt a blanket consent for future use of samples/data. Ethics review of new studies is a common requirement. Studies that follow children past early childhood recognise a need to seek assent/consent as the child matures. All studies limit access to identifiable data and advise participants of the right to withdraw. The clearest differences among studies concern handling of sensitive

  12. Handling ethical, legal and social issues in birth cohort studies involving genetic research: responses from studies in six countries.

    PubMed

    Ries, Nola M; LeGrandeur, Jane; Caulfield, Timothy

    2010-03-23

    Research involving minors has been the subject of much ethical debate. The growing number of longitudinal, pediatric studies that involve genetic research present even more complex challenges to ensure appropriate protection of children and families as research participants. Long-term studies with a genetic component involve collection, retention and use of biological samples and personal information over many years. Cohort studies may be established to study specific conditions (e.g. autism, asthma) or may have a broad aim to research a range of factors that influence the health and development of children. Studies are increasingly intended to serve as research platforms by providing access to data and biological samples to researchers over many years.This study examines how six birth cohort studies in North America and Europe that involve genetic research handle key ethical, legal and social (ELS) issues: recruitment, especially parental authority to include a child in research; initial parental consent and subsequent assent and/or consent from the maturing child; withdrawal; confidentiality and sample/data protection; handling sensitive information; and disclosure of results. Semi-structured telephone interviews were carried out in 2008/09 with investigators involved in six birth cohort studies in Canada, Denmark, England, France, the Netherlands and the United States. Interviewees self-identified as being knowledgeable about ELS aspects of the study. Interviews were conducted in English. The studies vary in breadth of initial consent, but none adopt a blanket consent for future use of samples/data. Ethics review of new studies is a common requirement. Studies that follow children past early childhood recognise a need to seek assent/consent as the child matures. All studies limit access to identifiable data and advise participants of the right to withdraw. The clearest differences among studies concern handling of sensitive information and return of results. In

  13. [Biological risk in health. Risk to third parties: medical-legal focus. Responsible behavior of the competent physician].

    PubMed

    Rodriguez, Daniele

    2010-01-01

    The responsibility of the occupational physician (OP) is discussed within the particular topic of biological risk generated by health care workers (HCW) versus third parties in health care settings. The present contribution offers keys of interpretation regarding current Italian legislation and passed sentences, taking into account principles of occupational medicine, the ICOH code of ethics for occupational health professionals, as well as duties and tasks of OP, employers and employees. Most of the responsibilities stand on employers, but OP has a primary duty of information and to judge fitness for work. It is underlined the difficult interpretation of the current legislation and indications. Behaviour of the OP could be censored in case of particular fitness for work or in case of inadequate information, as well as if the comprehension of information is not verified or when indication to minimize the risk are not controlled.

  14. Undermining government tax policies: Common legal strategies employed by the tobacco industry in response to tobacco tax increases.

    PubMed

    Ross, H; Tesche, J; Vellios, N

    2017-06-15

    Effective tobacco tax increases reduce tobacco consumption, threatening the profitability of the tobacco industry. In response, the tobacco industry employs strategies to negate or minimize the full effects of tobacco tax increases. By interacting with various government agencies and non-governmental organizations we identified seven such strategies: stockpiling, changing product attributes or production processes, lowering prices, over-shifting prices, under-shifting prices, timing of price increases, and engaging in price discrimination and/or offering promotions. Each strategy is described in terms of the motivation for their employment, the consequences for tobacco use and tax revenue, and measures to counter them. Country case studies illustrate the successful execution of the strategies and possible government responses. Many of the tobacco industry's responses to tobacco tax increases are predictable, since they are being employed systematically across countries. Governments can and should adopt appropriate measures to eliminate or reduce tobacco industry manipulation. This requires systematic data collection in order to monitor tobacco industry behavior. Copyright © 2017 The Authors. Published by Elsevier Inc. All rights reserved.

  15. Legal Issues in Teacher Preparation and Certification.

    ERIC Educational Resources Information Center

    Hazard, William R.; And Others

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

  16. 28 CFR 540.19 - Legal correspondence.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 28 Judicial Administration 2 2012-07-01 2012-07-01 false Legal correspondence. 540.19 Section 540... WITH PERSONS IN THE COMMUNITY Correspondence § 540.19 Legal correspondence. (a) Staff shall mark each.... (b) The inmate is responsible for advising any attorney that correspondence will be handled...

  17. 28 CFR 540.19 - Legal correspondence.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 28 Judicial Administration 2 2011-07-01 2011-07-01 false Legal correspondence. 540.19 Section 540... WITH PERSONS IN THE COMMUNITY Correspondence § 540.19 Legal correspondence. (a) Staff shall mark each.... (b) The inmate is responsible for advising any attorney that correspondence will be handled...

  18. 28 CFR 540.19 - Legal correspondence.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Legal correspondence. 540.19 Section 540... WITH PERSONS IN THE COMMUNITY Correspondence § 540.19 Legal correspondence. (a) Staff shall mark each.... (b) The inmate is responsible for advising any attorney that correspondence will be handled...

  19. 28 CFR 540.19 - Legal correspondence.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 28 Judicial Administration 2 2014-07-01 2014-07-01 false Legal correspondence. 540.19 Section 540... WITH PERSONS IN THE COMMUNITY Correspondence § 540.19 Legal correspondence. (a) Staff shall mark each.... (b) The inmate is responsible for advising any attorney that correspondence will be handled...

  20. 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…

  1. [Legal aspects of health telematics].

    PubMed

    Dierks, C

    2005-06-01

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

  2. Legal and policy responses to children exposed to domestic violence: the need to evaluate intended and unintended consequences.

    PubMed

    Jaffe, Peter G; Crooks, Claire V; Wolfe, David A

    2003-09-01

    Greater training and specialization in working with children exposed to domestic violence has resulted in new policies, interagency protocols, and legislation in many states. This paper examines court-related responses in criminal, child protection, and family court custody proceedings, which highlight legislative changes and resulting systemic change. Although this legislation originated with the best of intentions to assist and protect children, some of the most striking outcomes have been negative and unintended. Laws that mandate reporting of children exposed to domestic violence can clash with inadequate training and resources, or inadvertently revictimize abused women. Similarly, child custody legislation that raises a rebuttable presumption that a violent spouse will not receive custody or joint custody of children after parental separation has resulted in greater skepticism about abuse allegations We propose that efforts at law reform can be enhanced by a more thoughtful analysis of potential intended and unintended consequences, and should be accompanied by a comprehensive evaluation plan to monitor implementation effects.

  3. Accountable care organizations: legal concerns.

    PubMed

    Sanbar, S Sandy

    2011-01-01

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

  4. Legal and Administrative Language

    ERIC Educational Resources Information Center

    Schwarz, Hans

    1977-01-01

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

  5. Legal Interviewing For Paralegals.

    ERIC Educational Resources Information Center

    Statsky, William P.

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

  6. The Principal's Legal Handbook.

    ERIC Educational Resources Information Center

    Camp, William E., Ed.; And Others

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

  7. Legal and Administrative Language

    ERIC Educational Resources Information Center

    Schwarz, Hans

    1977-01-01

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

  8. An imaginary legal conundrum: A reply to the response by Mahomed, Nöthling-Slabbert and Pepper.

    PubMed

    Jordaan, D

    2017-02-27

    In their original article on the subject of research using human biological material, Mahomed, Nöthling-Slabbert and Pepper advanced the notion that the law regarding ownership of human biological material is uncertain, and proposed that our country's healthcare policy of altruism be changed to mandatory profit-sharing by research participants. In my critique article, I took issue with the notion that the relevant law is uncertain, and suggested that Mahomed et al. failed to present a convincing argument in support of the proposed policy change from altruism to profit-sharing. In their response to my critique article, Mahomed et al. persist with the notion that the relevant law is uncertain; I suggest that this notion is erroneous, as our common law in this regard is well established, and as the authors base their argument exclusively on foreign case law. The authors further fail to make use of the opportunity to augment their argument in support of their proposed policy change from altruism to profit-sharing - in fact, they contradict themselves by disavowing their proposed policy change.

  9. Legally high? Legal considerations of Salvia divinorum.

    PubMed

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

    2008-06-01

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

  10. Jobs With Service Programs: Legal Services

    ERIC Educational Resources Information Center

    Rones, Philip L.

    1976-01-01

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

  11. Dementia and legal competency.

    PubMed

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

    2011-06-01

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

  12. 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

  13. Legal aspects of clinical ethics committees.

    PubMed

    Hendrick, J

    2001-04-01

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

  14. Legal Commission Report

    ERIC Educational Resources Information Center

    American Indian Journal, 1977

    1977-01-01

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

  15. 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…

  16. 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,…

  17. 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…

  18. 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…

  19. Construction Management: Legal Implications

    ERIC Educational Resources Information Center

    Collins, George J.

    1972-01-01

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

  20. A Legal Handbook.

    ERIC Educational Resources Information Center

    Cincinnati Public Schools, OH.

    This publication was developed by the Cincinnati (Ohio) Public Schools for use as a resource in adult basic education classes. It presents, in simple format, the basic legal rights of citizens of the United States and points out legal problem areas that average adults may encounter in daily life. The book is organized into nine parts containing 2…

  1. 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…

  2. Learning the Legalities.

    ERIC Educational Resources Information Center

    Stuart, Victoria

    1987-01-01

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

  3. Database Reviews: Legal Information.

    ERIC Educational Resources Information Center

    Seiser, Virginia

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

  4. A Legal Handbook.

    ERIC Educational Resources Information Center

    Cincinnati Public Schools, OH.

    This publication was developed by the Cincinnati (Ohio) Public Schools for use as a resource in adult basic education classes. It presents, in simple format, the basic legal rights of citizens of the United States and points out legal problem areas that average adults may encounter in daily life. The book is organized into nine parts containing 2…

  5. Moral Discourse and Legalism in Legal Education.

    ERIC Educational Resources Information Center

    Elkins, James R.

    1982-01-01

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

  6. Moral Discourse and Legalism in Legal Education.

    ERIC Educational Resources Information Center

    Elkins, James R.

    1982-01-01

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

  7. 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

  8. Legal Protections for Privacy

    ERIC Educational Resources Information Center

    Leslie, David W.

    1977-01-01

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

  9. 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)

  10. 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…

  11. Euthanasia: the legal issues.

    PubMed

    Chaloner, C; Sanders, K

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

  12. Legal Issues in Higher Education.

    ERIC Educational Resources Information Center

    Branton, Wiley A.

    1984-01-01

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

  13. Legalism and ethics in healthcare.

    PubMed

    Gallagher, S M

    2000-12-01

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

  14. [Ethical, technical and legal procedures of the medical doctor responsibility to accomplish the road enforcement law about driving under the influence of alcohol and psychotropic substances].

    PubMed

    Dinis-Oliveira, Ricardo Jorge; Nunes, Rui; Carvalho, Félix; Santos, Agostinho; Teixeira, Helena; Vieira, Duarte Nuno; Magalhães, Teresa

    2010-01-01

    The forensic toxicology (TF) is a science of analytical basis, aiming to clarify legal issues related to poisoning, whether or not fatal, within the various areas of law (criminal, civil, labor, etc.). The analysis that are more often requested (with a tendency to increase and gaining rising attention) are those concerning the procedures involving supervision of driving under the influence of alcohol and psychotropic substances, in the living individual and in the cadaver. The key players in this process, are: (a) the police agents carrying out the screening and quantification of alcohol on the exhaled breath and the screening of psychotropic and stupefacient substances in saliva; (b) the public health services that perform qualitative analysis of these substances in urine (if the test was not previously performed in saliva); (c) the doctor that collects blood samples from the living, or the dead victim; (d) the forensic toxicologist who conducts toxicological analysis in blood (or, eventually in another biological sample) and (e) the magistrate prosecutors that ultimately will receive the toxicological report to apply the law. Therefore it is important to understand and be acquainted with the road law enforcement of driving under the influence of alcohol and psychotropic substances, particularly in what concerns to the role of the medical doctor. Consequently, this paper aimed to review these topics, namely highlighting the necessary information to clarify the interested parties about the technical, ethical and legal procedures to consider.

  15. Legal Services: Judge Advocate Legal Services

    DTIC Science & Technology

    2007-11-02

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

  16. Contingency management treatment in substance abusers with and without legal problems

    PubMed Central

    Petry, Nancy M.; Rash, Carla J.; Easton, Caroline J.

    2013-01-01

    Drug and alcohol abusers frequently have legal difficulties, and the legal system often provides negative reinforcers for substance abuse treatment involvement. In contrast, contingency management (CM) treatments utilize positive reinforcement procedures to improve patient outcomes. This study evaluated whether substance abusing patients with legal problems at treatment entry had differential outcomes in general, and in response to CM, compared to those without legal problems. Data from three randomized CM trials (n = 393) were used in an evaluation of main and interactive effects of legal status and treatment condition, with respect to retention and abstinence. Compared with patients without legal difficulties, those with legal problems remained in treatment for shorter durations and achieved shorter periods of abstinence. CM was positively and significantly associated with longer durations of abstinence, regardless of legal status. Results suggest that substance abusers with legal problems have generally poor outcomes but that CM is effective regardless of patients’ legal status. PMID:21908754

  17. Contingency management treatment in substance abusers with and without legal problems.

    PubMed

    Petry, Nancy M; Rash, Carla J; Easton, Caroline J

    2011-01-01

    Drug and alcohol abusers frequently have legal difficulties, and the legal system often provides negative reinforcement for substance abuse treatment. In contrast, contingency management (CM) treatments utilize positive reinforcement procedures to improve patient outcomes. This study evaluated whether substance-abusing patients with legal problems at treatment entry had differential outcomes, in general and in response to CM, compared with those without legal problems. Data from three randomized CM trials (n = 393) were used in an evaluation of main and interactive effects of legal status and treatment condition, with respect to retention and abstinence. Compared with patients without legal difficulties, those with legal problems remained in treatment for shorter durations and achieved shorter periods of abstinence. CM was positively and significantly associated with longer durations of abstinence, regardless of legal status. Results suggest that substance abusers with legal problems have generally poor outcomes, but that CM is effective regardless of the patient's legal status.

  18. 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.

  19. 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

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

    PubMed

    Couceiro V, Azucena; Beca I, Juan Pablo

    2006-04-01

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

  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. 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.

  3. 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.

  4. How to Survive in Teaching: The Legal Dimension.

    ERIC Educational Resources Information Center

    Nolte, M. Chester

    The major purpose of this book is to help make public school teachers more aware of their legal rights and responsibilities. Five areas of legal importance to teachers are discussed: employment security, student discipline and control, liability for student injury, academic freedom, and collective bargaining. The author uses a question/answer…

  5. Comprehensive care: palliative care and legal services in South Africa.

    PubMed

    Ezer, Tamar; Marston, Joan

    2007-12-01

    A fundamental and neglected part of the global response to HIV and AIDS, palliative care is also a critical entry-point for legal services. As Tamar Ezer and Joan Marston write, providing legal services to patients in palliative care can both protect human rights and improve health outcomes.

  6. 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…

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

    ERIC Educational Resources Information Center

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

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

  8. 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.

  9. 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…

  10. Legal Policy Optimizing Models

    ERIC Educational Resources Information Center

    Nagel, Stuart; Neef, Marian

    1977-01-01

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

  11. Legal Issues: Status Report.

    ERIC Educational Resources Information Center

    Fitzgerald, Laurine E.; Fisher, B. Jeanne

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

  12. 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)

  13. Humanity in Legal Education.

    ERIC Educational Resources Information Center

    Bell, Derrick A., Jr.

    1980-01-01

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

  14. 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…

  15. 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.…

  16. 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…

  17. 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…

  18. 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.

  19. 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)

  20. 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…

  1. Transsexualism: a legal perspective.

    PubMed Central

    Thomson, J M

    1980-01-01

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

  2. 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…

  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. The Medicalization and Legalization of Child Abuse.

    ERIC Educational Resources Information Center

    Newberger, Eli H.; Bourne, Richard

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

  5. 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…

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

    ERIC Educational Resources Information Center

    Bailey, Kirk A.; Ross, Catherine J.

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

  7. 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…

  8. 14 CFR 1203.100 - Legal basis.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

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

  9. 14 CFR 1203.100 - Legal basis.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

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

  10. 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…

  11. 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…

  12. 14 CFR 1203.100 - Legal basis.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 14 Aeronautics and Space 5 2012-01-01 2012-01-01 false Legal basis. 1203.100 Section 1203.100 Aeronautics and Space NATIONAL AERONAUTICS AND SPACE ADMINISTRATION INFORMATION SECURITY PROGRAM Scope § 1203... that NASA has responsibility for safeguarding. (c) The National Aeronautics and Space Act. (1) Section...

  13. 14 CFR 1203.100 - Legal basis.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

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

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

    ERIC Educational Resources Information Center

    Disney, M. Janelle; Stephens, Anthony M.

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

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

    ERIC Educational Resources Information Center

    Disney, M. Janelle; Stephens, Anthony M.

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

  16. Legal abortion in Europe.

    PubMed

    1978-01-01

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

  17. The Legalization of Higher Education

    ERIC Educational Resources Information Center

    Badke, Lara K.

    2017-01-01

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

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

    PubMed

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

    2013-09-01

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

  19. 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.

  20. Legal Challenges to Christian Colleges.

    ERIC Educational Resources Information Center

    Stephens, W. Richard

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

  1. 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.

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

    PubMed

    Larsen, Ann-Claire

    2012-12-01

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

  3. 75 FR 47632 - Thomson Reuters Legal, Legal Editorial Operations, Cleveland Office, Including Workers Whose...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-08-06

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

  4. The Legal Landscape of Concussion

    PubMed Central

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

    2016-01-01

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

  5. 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.

  6. Legal abortion mortality.

    PubMed

    Kestelman, P

    1978-04-01

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

  7. [Teenage pregnancies, legal aspects].

    PubMed

    Rogue, Fanny

    2016-01-01

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

  8. 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,…

  9. 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,…

  10. Legal consequences of kleptomania.

    PubMed

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

    2009-12-01

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

  11. 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…

  12. 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…

  13. 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…

  14. 37 CFR 10.36 - Fees for legal services.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... Office Code of Professional Responsibility § 10.36 Fees for legal services. (a) A practitioner shall not... by the client or by the circumstances. (6) The nature and length of the professional relationship...

  15. Medical Marijuana and Marijuana Legalization.

    PubMed

    Pacula, Rosalie Liccardo; Smart, Rosanna

    2017-05-08

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

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

    PubMed

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

    2011-01-01

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

  17. [Professional, criminal and civil responsibility and the legal medical aspects of the performance of the dentist practicing local anesthesia and tooth extractions].

    PubMed

    Debernardi, C

    1990-09-01

    The paper affirms that the dentist can come up against severe complications while exercising his profession which expose him to charges outlined by the Penal and Civil Codes. The circumstances in which the operator's responsibility can be questioned during the use of local anesthesia and extraction are discussed.

  18. 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.).

  19. Screening: the legal view.

    PubMed

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

    2001-05-01

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

  20. 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

  1. 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.

  2. 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

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

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 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. Query Expansion for Noisy Legal Documents

    DTIC Science & Technology

    2008-11-01

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

  5. 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…

  6. 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)

  7. 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…

  8. "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.

  9. 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…

  10. 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…

  11. Legal Guide for Alaska Youth.

    ERIC Educational Resources Information Center

    Nesbitt, Buell, Ed.; And Others

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

  12. The Legal Audit: Preventing Problems.

    ERIC Educational Resources Information Center

    Perlman, Daniel H.

    1987-01-01

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

  13. Student Legal Issues. Final Report.

    ERIC Educational Resources Information Center

    Molek, Carol

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

  14. The Legal Audit: Preventing Problems.

    ERIC Educational Resources Information Center

    Perlman, Daniel H.

    1987-01-01

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

  15. 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.…

  16. Legal Liability in the Gymnasium.

    ERIC Educational Resources Information Center

    Oregon State Dept. of Education, Salem.

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

  17. 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.…

  18. 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…

  19. 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.…

  20. Marijuana legalization: solution or dissolution.

    PubMed

    Cohen, S

    1981-01-01

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

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

    ERIC Educational Resources Information Center

    Menkel-Meadow, Carrie

    1988-01-01

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

  2. Waiving legal rights in research.

    PubMed

    Resnik, David B; Parasidis, Efthimios

    2014-07-01

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

  3. Sanctions for research misconduct: a legal perspective.

    PubMed

    Dresser, R

    1993-09-01

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

  4. Public health legal preparedness in Indian country.

    PubMed

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

    2009-04-01

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

  5. 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

  6. 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.

  7. 29 CFR 1471.965 - Legal proceedings.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

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

  8. 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.

  9. [Legal bases and institutions for non-industrial vocational rehabilitation].

    PubMed

    Unger, M

    1983-11-01

    Responsibility in the field of non-industrial vocational rehabilitation is divided between the public law social security institutions, and the rehabilitation facilities which, formally, come under private law. The legal bases governing the relationship among financially responsible social security institution - rehabilitee - rehabilitation facility have as yet not been determined by normative legislation. This fact gives rise to difficulties in dealing with the legal issues involved. Rehabilitation services are delivered by facilities for vocational training or re-training, as well as workshops for the disabled. Since the 20th pension adjustment act has come into effect, the most important financially responsible social security institution has been the Federal Employment Institute.

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

    PubMed

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

    2012-10-01

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

  11. Rape: medical and legal information.

    PubMed

    Price, H R

    1998-01-01

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

  12. Business School Internships: Legal Concerns.

    ERIC Educational Resources Information Center

    Swift, Cathy Owens; Kent, Russell

    1999-01-01

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

  13. [Alcoholic patients: legal responsibility of physicians].

    PubMed

    Franck, Jérôme

    2006-05-31

    The liability rising from medical cares given to a patient suffering from an addiction to alcohol does not differ from those stemming from cares to other pathologies. The cares must be relevant with regard to state of art, an information as comprehensive as possible must be provided to the patient, on the investigations to be carried out, as well as on the treatments considered. The most difficult thing to achieve is to obtain a full co-operation of the patient, who since the law of March 4, 2002, has the right to refuse a treatment, which cannot be imposed to him. Safeguarding the medical secrecy in particular with regard to the family can be difficult, because of the pressures exerted to obtain the revelation from it. But this revelation of the medical secrecy is authorized by the law only within very precise limits. In very specific circumstances, a doctor can be liable for a criminal offence made by his patient, for instance when he does not prevent his patient to drive a car, while he is obviously drunk.

  14. [Confidentiality as ethical responsibility and legal duty].

    PubMed

    Arroyo Cordero, Tamara

    2009-01-01

    The article analyzes the challenge that the health professionals encounter when trying to protect their patient's confidentiality, considering the increasing demand for globalization of the information. It discusses the importance that confidentiality has for the therapeutic alliance and how the government has protected it throughout time. It identifies weak areas in the protection of confidentiality, especially in the psychiatry field. Finally, it invites the reader to consider the real benefits of sharing patient's information when deciding whether to brake or not the patient's confidentiality.

  15. The legal business of dentistry.

    PubMed

    Barrabee, Steve; Kowalski, Michael

    2009-09-01

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

  16. [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.

  17. [Legal aspects of workers' health protection against asbestos in Poland in the light of the EU legal framework].

    PubMed

    Swiatkowska, Beata

    2013-01-01

    Legal protection of human life and health against asbestos dust-related hazards is carried out in various dimensions of the European Union law mainly focused on health protection of employees and responsibilities of employers, as well as on environmental protection. The aim of this paper is to present the Community legal issues emphasizing the protection of workers against asbestos and discuss the current state of Polish law in this regard. An analysis of recent legal solutions provides a comprehensive look at the extensive steps currently taken to reduce the risk of exposure to asbestos dust. The legislation in the European Union, including Poland indicates sound foundations for assuring health and safety of workers still exposed to asbestos and those formerly employed in asbestos processing plants. It is only postulated to unify high standards of healthcare to provide all workers employed in asbestos exposure with equal and particular legal protection.

  18. 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.

  19. 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

  20. [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.

  1. 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.

  2. 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...

  3. 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...

  4. Legal Typewriting, Business Education: 7705.35.

    ERIC Educational Resources Information Center

    Missirlian, Melanie

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

  5. [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.

  6. Legalism as an Obstacle to School Quality.

    ERIC Educational Resources Information Center

    Daniel, George H.

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

  7. 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

  8. 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.

  9. Legal Services: Military Justice

    DTIC Science & Technology

    1999-08-20

    RESPONSIBLE PERSON internet , (blank) lfenster@dtic.mil a. REPORT Unclassified b. ABSTRACT Unclassified c. THIS PAGE Unclassified 19b. TELEPHONE NUMBER...the element generally known as “ organized crime” including both traditional (La Cosa Nostra) and nontraditional organizations whether or not the

  10. 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,…

  11. Women need legal protection.

    PubMed

    1993-01-01

    During a workshop in Gender Responsive Planning Sensitization, the chiefs observed that the dismissal of the Affiliation Act made it more difficult for them to protect the rights and interests of single mothers and their children. Single mothers, who are usually mistresses of married men, experience financial problems that subsequently force them to live in extremely difficult circumstances in the event of calamities such as death of the man. They have no protection under the chiefs' Authority Act. A chief in Nairobi expressed the need to form self-help groups among single mothers in order to ensure the protection of their rights and that of their children. Furthermore, the chiefs agreed to intensify educational programs for couples that emphasize responsibility within marriage.

  12. [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.

  13. 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.…

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

    ERIC Educational Resources Information Center

    Roberts, Kim

    1978-01-01

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

  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 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.

  17. Legal Issues for the Medical Director.

    PubMed

    Trulove, William G

    2015-09-04

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

  18. 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

  19. Issues Bearing on the Legal Regulation of Violent and Sexually Violent Media.

    ERIC Educational Resources Information Center

    Linz, Daniel; And Others

    1986-01-01

    Examines legal responses to the problem of media violence. Focuses on: (1) tension between evidence collected by social scientists and traditional First Amendment protections; and (2) legal actions against sexually violent materials to which social science research may be relevant. Suggests ways in which research may be most useful in establishing…

  20. 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…

  1. 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…

  2. 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…

  3. Legal Issues in Nursing Homes.

    ERIC Educational Resources Information Center

    Kapp, Marshall B.

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

  4. Legal Exchange: Necessity and Opportunity

    ERIC Educational Resources Information Center

    Norberg, Charles R.

    1975-01-01

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

  5. 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)

  6. Legal Issues Surrounding Safe Schools.

    ERIC Educational Resources Information Center

    Day, Reed B.

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

  7. 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)

  8. 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)

  9. [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.

  10. Legal Handbook on School Athletics.

    ERIC Educational Resources Information Center

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

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

  11. 75 FR 3893 - Legal Processes

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-01-25

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

  12. 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)

  13. 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…

  14. Legal Handbook on School Athletics.

    ERIC Educational Resources Information Center

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

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

  15. Computerized Legal Research. Final Report.

    ERIC Educational Resources Information Center

    Campbell, Michael

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

  16. Program Review of Legal Education.

    ERIC Educational Resources Information Center

    Yarbrough, Marilyn V.

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

  17. Legal Briefs for School Administrators.

    ERIC Educational Resources Information Center

    Strahan, Richard Dobbs

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

  18. Legality of Student Disciplinary Practices.

    ERIC Educational Resources Information Center

    Bolmeier, Edward C.

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

  19. Networks for the Legal Profession.

    ERIC Educational Resources Information Center

    Borgeson, Earl C.; Freeman, Peter

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

  20. [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.

  1. 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)

  2. Legal Issues Surrounding Safe Schools.

    ERIC Educational Resources Information Center

    Day, Reed B.

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

  3. 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)

  4. 32 CFR 727.6 - Functions of legal assistance officers.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... work, and has complete professional responsibility for the work product. Services that call for the... liaison with local bar organizations, lawyer referral services, legal aid societies, and other local organizations through which the services of civilian lawyers may be made available to military personnel...

  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. Legal Protection of Computer Software: An Industrial Survey.

    ERIC Educational Resources Information Center

    Miller, Richard I.

    A survey was commissioned to establish a baseline on the present modes of legal protection employed by the computer software industry. Questionnaires were distributed to 308 member companies of the Association of Data Processing Service Organizations (ADAPSO), and 116 responses were returned. Results indicated that (1) business executives…

  7. 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…

  8. Legal Liability and Risk Management in Outdoor Training.

    ERIC Educational Resources Information Center

    Dynon, John; Loynes, Chris

    1990-01-01

    Describes duties and responsibilities of outdoor instructors under British criminal and civil law. Discusses elements of negligence under civil law including damage, duty of care, standard of care, in loco parentis, students' duty of care, foreseeability, and employer's legal duty. Presents risk management in terms of primary, secondary, and…

  9. Legal Liability of Community College Presidents and Board Members.

    ERIC Educational Resources Information Center

    Blumer, D. H.

    This document describes the criminal and legal liability of community college presidents and board members in such areas as contracts,civil rights, and fiduciary responsibilities. Also described are the defenses which universities ordinarily build to protect their employees from these liabilities. These defenses include the sovereign or charitable…

  10. 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…

  11. 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…

  12. 14 CFR § 1203.100 - Legal basis.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 14 Aeronautics and Space 5 2014-01-01 2014-01-01 false Legal basis. § 1203.100 Section § 1203.100 Aeronautics and Space NATIONAL AERONAUTICS AND SPACE ADMINISTRATION INFORMATION SECURITY PROGRAM... responsibility for safeguarding. (c) The National Aeronautics and Space Act. (1) The National Aeronautics...

  13. Legal Liability of Children and Parents in North Dakota.

    ERIC Educational Resources Information Center

    Hanson, Randall K.

    Three legal issues are examined: (1) the responsibility of children for breached contracts and the commission of torts; (2) parental liability; and (3) relevant law in North Dakota and other states. The people most affected by the actions of children are parents, merchants, and victims of vandalism. People who enter into contracts with children…

  14. 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…

  15. [Legal and ethical considerations of emergencies in the dental office].

    PubMed

    Zusman, S P; Garfunkel, A; Galili, D; Findler, M; Malamed, S F; Elad, S; Kaufman, E

    2002-01-01

    The dentist has the ethical and legal responsibility to anticipate emergency situations in correlation with the patient's medical status. He has the obligation to do all in his power to prevent emergencies from happening and to be prepared to manage any emergency that might occur. This article also discusses the importance of monitoring and documentation.

  16. 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…

  17. 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.…

  18. 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…

  19. Lie detection: historical, neuropsychiatric and legal dimensions.

    PubMed

    Ford, Elizabeth B

    2006-01-01

    Lying and deception are behaviors that have been studied and discussed extensively in the scientific, philosophical and legal communities for centuries. The purpose of this article is to provide a general overview of the literature and thinking to date about deception, followed by an analysis of the efficacy and evolution of lie detection techniques. The first part explores the definitions of lying, from animal behaviorists' perspectives to philosophical theories, along with demographics and research about the prevalence of lying and characteristics of those who lie. This is followed by a discussion of possible motivations for lying, moral arguments about the legitimacy of or prohibition against lying, and developmental theorists' explanations for the growth of a human being's capacity to lie. The first section provides an introduction for the second part, a historical and critical review of lie detection techniques. Early methods, such as phrenology and truth serums are contrasted with more modern-day approaches, such as polygraphy and functional MRIs. Conclusions are drawn about whether technology has really advanced the art of detecting deception. Finally, the article enters a discussion about the law's response to lie detection methods and to deception in general. United States landmark cases, at both the state and federal level, are critiqued with regard to their impact on the admissibility into court of lie detection methods as evidence. Just as the scientific community has been wary of embracing many of these methods, so has the legal community. Through a review of the legal, scientific and pseudo-scientific issues surrounding deception, a greater understanding is reached of the complexity of this universal and morally loaded behavior.

  20. 22 CFR 208.965 - Legal proceedings.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

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

  1. 21 CFR 1404.965 - Legal proceedings.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

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

  2. 22 CFR 208.965 - Legal proceedings.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

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

  3. 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.

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

    PubMed

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

    2016-12-01

    Early detection of Alzheimer's disease (AD) raises a number of challenging legal questions. In this essay, we explore some of those questions, such as: Is a neurological indicator of increased risk for AD a legally relevant brain state before there are any outward behavioral manifestations? How should courts address evidentiary challenges to the admissibility of AD-related neuroimaging? How should the government regulate the marketing of neuroimaging diagnostic tools? How should insurance coverage for the use of these new tools be optimized? We suggest that many voices and multidisciplinary perspectives are needed to answer these questions and ensure that legal responses are swift, efficient, and equitable. © 2016 American Medical Association. All Rights Reserved.

  5. Women's access to health care: the legal framework.

    PubMed

    Cook, R J; Ngwena, C G

    2006-09-01

    The Millennium Development Goals set ambitious targets for women's health, including reductions in maternal and child mortality and combating the spread of HIV/AIDS. The law, which historically has often obstructed women's access to the health care they require, has a dynamic potential to ensure women's access that is being progressively realized. This paper identifies three legal principles that are key to advancing women's reproductive and sexual health. First, law should require that care be evidence-based, reflecting medical and social science rather than, for instance, religious ideology or morality. Second, legal guidance should be clear and transparent, so that service providers and patients know their responsibilities and entitlements without litigation to resolve uncertainties. Third, law should provide applicable measures to ensure fairness in women's access to services, both general services and those only women require. Legal developments are addressed that illustrate how law can advance women's equality, and social justice.

  6. 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.

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

    PubMed

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

    2017-05-01

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

  8. Legal advocacy as a tool to advance Roma Health.

    PubMed

    Ezer, Tamar; Abdikeeva, Alphia; McKee, Martin

    2017-09-07

    Roma in central Europe face many violations of their rights, including those that impede their access to high-quality health care. Legal frameworks have the potential to address these violations, whereas legal advocacy services offer a means for enforcement of rights. We undertook key informant interviews with Roma civil society organisations and selected knowledgeable individuals in Macedonia, Romania and Serbia to identify lessons from the development of these services. Achievements were reported in four areas. Legal empowerment, with employment of Roma paralegals was especially effective, increasing awareness of the ability to challenge violations. Documentation of human rights violations is an important basis for advocacy, but does not guarantee redress, and may work best in combination with legal empowerment or international pressure. Strategic litigation can play a key role in removing bureaucratic obstacles that prevent Roma from exercising their right to access to health care. Progress in changing the narrative on Roma in the mainstream media has been limited but examples of good practice exist. Although much remains to be done, Roma groups report that legal advocacy has strengthened their ability to challenge rights violations, thereby enhancing their ability to access effective and responsive care.

  9. 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,"…

  10. 21 CFR 1404.965 - Legal proceedings.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

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

  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. Terrorism as a Social and Legal Phenomenon

    ERIC Educational Resources Information Center

    Serebrennikova, Anna; Mashkova, Yekaterina

    2017-01-01

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

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

    ERIC Educational Resources Information Center

    Mcloughlin, Caven S.; And Others

    1983-01-01

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

  15. Language and Legal Speech Acts: Decisions.

    ERIC Educational Resources Information Center

    Kevelson, Roberta

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

  16. Language and Legal Speech Acts: Decisions.

    ERIC Educational Resources Information Center

    Kevelson, Roberta

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

  17. The interface of legal and esthetic considerations

    Treesearch

    Richard C. Smardon

    1979-01-01

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

  18. 31 CFR 3.3 - Legal review.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... OF DEPARTMENT OF TREASURY EMPLOYEES Claims Under the Federal Tort Claims Act § 3.3 Legal review. Any... that is likely to result in multiple claimants, shall be forwarded to the legal division of the bureau... employee and the investigation, shall be reviewed in the legal division which shall thereupon make...

  19. 33 CFR 326.5 - Legal action.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

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

  20. Legal Services for Oregon School Districts.

    ERIC Educational Resources Information Center

    Johnson, Maggie

    1982-01-01

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

  1. 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,"…

  2. Legal Context of the Public School District.

    ERIC Educational Resources Information Center

    Thurston, Paul W.

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

  3. 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…

  4. Towards Automated Training of Legal Problem Solving.

    ERIC Educational Resources Information Center

    Muntjewerff, Antoinette J.

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

  5. 75 FR 49528 - Thomson Reuters Legal, Legal Editorial Operations Cleveland Office Including Workers Whose...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-08-13

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

  6. 20 CFR 404.733 - Evidence you are the legally adopting parent or legally adopted child.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

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

  7. 20 CFR 404.733 - Evidence you are the legally adopting parent or legally adopted child.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

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

  8. Legal ethical and risk issues in telemedicine.

    PubMed

    Stanberry, B

    2001-03-01

    This paper summarizes the main topics of discussion at a workshop hosted by the Centre for Law Ethics and Risk in Telemedicine at the 2nd International Conference on Advances in the Delivery of Care, held at the Institute of Health Sciences, City University, London from Wednesday 24 to Friday 26 March 1999. The workshop offered a unique opportunity for practitioners in the fields of telemedicine and shared care to discuss the legal, ethical and risk issues arising from the practice of medicine and healthcare from a distance using information and communication technologies ('ICTs') with a panel of experts from the fields of medicine, law, insurance and risk management. There was a broad consensus that many of the legal and ethical issues raised by those who dislike the idea of treating distant patients were not specific to telemedicine but to medicine and healthcare in general. It was agreed, however, that in those areas where telemedicine does create new clinical risks and responsibilities a much more proactive role should be taken by the professional associations and Royal Colleges in providing better education and guidance to their members about the practical and professional issues that will inevitably arise from the evolution of 'Hospitals Without Walls'.

  9. [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. Copyright © 2014 Elsevier España, S.L. All rights reserved.

  10. The male partner involved in legal abortion.

    PubMed

    Kero, A; Lalos, A; Högberg, U; Jacobsson, L

    1999-10-01

    This study comprises 75 men who have been involved in legal abortion. The men answered a questionnaire concerning living conditions and attitudes about pregnancy and abortion. Most men were found to be in stable relationships with good finances. More than half clearly stated that they wanted the woman to have an abortion while 20 stressed that they submitted themselves to their partner's decision. Only one man wanted the woman to complete the pregnancy. Apart from wanting children within functioning family units, the motivation for abortion revealed that the desire to have children depended on the ability to provide qualitatively good parenting. More than half the men had discussed with their partner what to do in event of pregnancy and half had decided to have an abortion if a pregnancy occurred. More than half expressed ambivalent feelings about the coming abortion, using words such as anxiety, responsibility, guilt, relief and grief. In spite of these contradictory feelings, prevailing expectations concerning lifestyle make abortion an acceptable form of birth control. A deeper understanding of the complexity of legal abortion makes it necessary to accept the role of paradox, which the ambivalence reflects. Obviously, men must constitute a target group in efforts to prevent abortions.

  11. Newborn screening cards: a legal quagmire.

    PubMed

    Bowman, Diana M; Studdert, David M

    2011-03-21

    Newborn screening (NBS) programs are a well established and cost-effective method for early identification of genetic disorders. However, a raft of legal questions surrounds the collection, storage, ownership and secondary use of NBS cards. The absence of clear legal rules governing NBS programs in Australia means that there are few straightforward answers to these questions. A series of controversial incidents have exposed this uncertainty in Australia, and remarkably similar controversies have occurred in the United States and European Union. We review the situation, using Victoria as a case study. We also make the case for a dedicated regulatory regime for NBS programs, arguing that the lack of such a regime threatens public trust and the robust operation of NBS programs in Australia. New rules would likely introduce stricter requirements for informed consent at the point of blood collection than has been the norm to date. However, the scope for use of cards in research could expand rather than contract, and it may be possible to reduce the risk that vast card archives will need to be destroyed in response to future public outcries.

  12. 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.

  13. 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.

  14. Legal briefing: Healthcare ethics committees.

    PubMed

    Pope, Thaddeus Mason

    2011-01-01

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

  15. 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.

  16. Unfinished feticide: a legal commentary.

    PubMed Central

    Brazier, Margaret

    1990-01-01

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

  17. Legal billing for pathology services.

    PubMed

    Glaser, David M; Bennett, Katherine J

    2007-02-01

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

  18. 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.

  19. Surrogacy: Ethical and Legal Issues

    PubMed Central

    Saxena, Pikee; Mishra, Archana; Malik, Sonia

    2012-01-01

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

  20. 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.

  1. [Italian Decree D.lgs 231/2001--"Regulations regarding administrative responsibilities of corporate bodies of Companies and Associations including those not legally recognized"--an organizational model for the healthcare area].

    PubMed

    Roberti, Giovanni; Fiore, Rosalia; Franco, Claudia; Pimpinella, Giovanni; Piscioneri, Patrizia

    2010-01-01

    Healthcare organizations must implement organizational and management models of regulation and control systems for effectively preventing possible administrative torts by personnel. We define an organizational management and control model for healthcare organizations, based on the legal dispositions of Decree n.231/2001. The model identifies critical points in the administrative and healthcare services delivery processes that are at high-risk of violations to the code. Its primary aim is to prevent torts by the personnel and safeguard the organization at the same time.

  2. 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.

  3. 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.)

  4. 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.

  5. 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.

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

    PubMed

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

    2014-04-01

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

  7. Legal challenges in neurological practice

    PubMed Central

    Jayalakshmi, Sita; Vooturi, Sudhindra

    2016-01-01

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

  8. Legal challenges in neurological practice.

    PubMed

    Jayalakshmi, Sita; Vooturi, Sudhindra

    2016-10-01

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

  9. 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

  10. Addiction postulates and legal causation, or who's in charge, person or brain?

    PubMed

    Wallace, David L

    2013-01-01

    In this article, I address the persistent confusion over the meaning of a medical diagnosis of drug addiction or substance dependence in the courtroom, specifically in regard to legal judgments about the reasonable legal person, causation, and individual responsibility in civil actions. Using the example of the Engle tobacco litigation in Florida, where the plaintiffs have reduced mind to brain and claimed that the clinical status of addiction excuses or mitigates the smoker's responsibility for the health consequences of smoking based on brain processes, I examine the conceptual difficulties presented by use of biomedical models of behavior in a legal system predicated on different assumptions altogether. For legal purposes, the biological system in question is the human organism as a whole, not a brain per se, and there is a functional identity between a smoker and his motivational states for purposes of responsibility attribution.

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

    PubMed

    Tsai, Jack; Jenkins, Darlene; Lawton, Ellen

    2017-03-01

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

  12. 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.

  13. Key legal principles for hospitalists.

    PubMed

    Alpers, A

    2001-12-21

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

  14. Key legal principles for hospitalists.

    PubMed

    Alpers, Ann

    2002-04-01

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

  15. 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.

  16. [Legal aspects of mineral waters].

    PubMed

    Callipo, C

    1976-01-01

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

  17. 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

  18. 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

  19. Space debris, remarks on current legal issues

    NASA Astrophysics Data System (ADS)

    Kerrest, Armel

    2001-10-01

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

  20. 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.

  1. The Legal Ethical Backbone of Conscientious Refusal.

    PubMed

    Munthe, Christian; Nielsen, Morten Ebbe Juul

    2017-01-01

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

  2. AIDS, travel and migration: legal and human rights aspects.

    PubMed

    Tomasevski, K

    1991-01-01

    This article discusses the legal and human rights aspects of AIDS, travel, and migration in Africa. Restrictions upon migration and travel in the context of HIV/AIDS have directed attention on the jeopardy of free international movement and the need to uphold it. International travel and migration have been blamed for introducing HIV and restrictions imposed to prevent the import of such disease. Contemporary legal and administrative barriers to free movement of people across national borders are similar to the physical barriers imposed to prevent the spread of diseases in past centuries. However, physical barriers failed to prevent the international spread of diseases and legal and administrative barriers have been proven ineffective. Meanwhile, responses to HIV/AIDS set patterns for other health-related issues and to affect the entire legal framework of international travel and migration. Based on previous studies, data on migratory flows and numbers of travelers and migrants are scarce in Africa. Migrants represent more or less 10% of the population of sub-Saharan Africa or 35 million persons, including some 60 million refugees.

  3. 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:…

  4. Legal issues related to postoperative pulmonary thromboembolism in Korea

    PubMed Central

    Park, Bo Young; Kim, Min Ji; Kang, So Ra

    2016-01-01

    Purpose Currently, development of pulmonary thromboembolism (PTE) after surgery is frequently being followed by legal action in Korea, as consequences may be fatal. In the current study, we assessed possible countermeasures that medical teams can take when faced with conflicting opinions on responsibility for PTE. Methods A retrospective analysis of claims handled by the Supreme Court and subordinate courts, from 1999 to 2015, was performed. We analyzed the type of procedure, associated complications, and critical legal points from the recorded judgments along with any liability limitations on surgeons. Results After reviewing cases between 1999 and 2015, a total of 18 cases were analyzed. There were no cases in which the surgeon was held accountable between 1999 and 2002. From 2003, there were instances of the surgeon being held accountable, with a peak of cases in 2013. Legal standards applied in judicial decision-making related to appropriate use of preventive measures, operation characteristics, doctor's reaction towards symptom occurrence, obligation of postoperative medical care, and duty of explanation. Conclusion The courts in Korea have changed their position from one of denying doctors' liability to one of enforcing responsibility for PTE. Surgeons are therefore being held responsible with greater frequency, depending on the details of the case. Lessons can be learnt from precedents that can be incorporated into medical education and training programs with the aim of reducing both major PTE complication rates and litigation costs. PMID:27904854

  5. Legal Prescription on Virtual Property and Its Rights

    NASA Astrophysics Data System (ADS)

    Pratama, B.

    2017-01-01

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

  6. Elective surgery and the HIV-positive patient: medical, legal, and ethical issues.

    PubMed

    Clarke, S R; Gonsoulin, T P

    1999-05-01

    The ethical and legal issues surrounding the healthcare provider's obligation to provide care for patients have been a topic of debate since the beginning of modern medicine. The human immunodeficiency virus (HIV)-positive patient requesting cosmetic or elective surgery provides yet another situation in which the physician's ethical and legal responsibilities for the patient become a topic of debate. The risks involved to the physician and patient are first discussed, and then current ethical theory and legal decisions are reviewed. Finally, some conclusions are attempted from the varied opinions in the literature surrounding this controversial topic.

  7. 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.

  8. 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...

  9. 22 CFR 92.84 - Legal process defined.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

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

  10. 22 CFR 92.84 - Legal process defined.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 22 Foreign Relations 1 2014-04-01 2014-04-01 false Legal process defined. 92.84 Section 92.84 Foreign Relations DEPARTMENT OF STATE LEGAL AND RELATED SERVICES NOTARIAL AND RELATED SERVICES Quasi-Legal Services § 92.84 Legal process defined. Legal process means a writ, warrant, mandate, or other process...

  11. 22 CFR 92.84 - Legal process defined.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 22 Foreign Relations 1 2013-04-01 2013-04-01 false Legal process defined. 92.84 Section 92.84 Foreign Relations DEPARTMENT OF STATE LEGAL AND RELATED SERVICES NOTARIAL AND RELATED SERVICES Quasi-Legal Services § 92.84 Legal process defined. Legal process means a writ, warrant, mandate, or other process...

  12. 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.

  13. 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

  14. 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.

  15. Legal challenges in realizing interstellar initiatives

    NASA Astrophysics Data System (ADS)

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

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

  16. 32 CFR 637.12 - Legal considerations.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

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

  17. 32 CFR 637.12 - Legal considerations.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

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

  18. 32 CFR 637.12 - Legal considerations.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

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

  19. 32 CFR 637.12 - Legal considerations.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

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

  20. 32 CFR 637.12 - Legal considerations.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

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

  1. Legal Resources for Higher Education Law.

    ERIC Educational Resources Information Center

    Shaffer, Roberta

    1984-01-01

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

  2. 16 CFR 698.2 - Legal effect.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

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

  3. 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.

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

    ERIC Educational Resources Information Center

    Blum, Ann

    1990-01-01

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

  5. Abortion Legalization and Life-Cycle Fertility

    ERIC Educational Resources Information Center

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

    2007-01-01

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

  6. 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…

  7. 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…

  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. 14 CFR 77.47 - Legal officer.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

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

  10. 40 CFR 52.225 - Legal authority.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 40 Protection of Environment 3 2014-07-01 2014-07-01 false Legal authority. 52.225 Section 52.225 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS California § 52.225 Legal authority. (a) The requirements of §...

  11. 40 CFR 52.225 - Legal authority.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 40 Protection of Environment 3 2013-07-01 2013-07-01 false Legal authority. 52.225 Section 52.225 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS (CONTINUED) APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS California § 52.225 Legal authority. (a) The requirements of §...

  12. 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…

  13. 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...

  14. 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…

  15. Research Notes Openness and Evolvability Legal Assessment

    DTIC Science & Technology

    2016-08-01

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

  16. Legal Weapons of Mass Destruction Consequence Management

    DTIC Science & Technology

    2002-05-01

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

  17. 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…

  18. 31 CFR 3.22 - Legal review.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

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

  19. 31 CFR 3.3 - Legal review.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

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

  20. Educational Malpractice: Legal Cases and Educators' Views

    ERIC Educational Resources Information Center

    Teh, Mui-Kim

    2008-01-01

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

  1. 16 CFR 698.2 - Legal effect.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

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

  2. 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...

  3. 16 CFR 698.2 - Legal effect.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

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

  4. 16 CFR 698.2 - Legal effect.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

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

  5. 16 CFR 600.2 - Legal effect.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

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

  6. 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…

  7. 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…

  8. Factors Important in Composing Legal Written Communication.

    ERIC Educational Resources Information Center

    West, Judy Ferguson

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

  9. Educational Opportunity Fund Legal Studies Program.

    ERIC Educational Resources Information Center

    Tayler, Marilyn; Jackson, Curtis

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

  10. 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…

  11. LEGAL ISSUES OF GEOGRAPHIC INFORMATION SYSTEMS

    EPA Science Inventory

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

  12. A Legal Guide for the Software Developer.

    ERIC Educational Resources Information Center

    Minnesota Small Business Assistance Office, St. Paul.

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

  13. Teaching the Legal Aspects of Business Communication.

    ERIC Educational Resources Information Center

    Harcourt, Jules

    1990-01-01

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

  14. 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…

  15. 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…

  16. 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...

  17. 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…

  18. Legalization of marijuana: potential impact on youth.

    PubMed

    Joffe, Alain; Yancy, W Samuel

    2004-06-01

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

  19. 31 CFR 3.22 - Legal review.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

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

  20. 31 CFR 3.3 - Legal review.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

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

  1. Legal Basics for Teachers. Fastback 235.

    ERIC Educational Resources Information Center

    Monks, Robert L.; Proulx, Ernest I.

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

  2. Child Abuse and Neglect Legal Handbook.

    ERIC Educational Resources Information Center

    Talan, Teri N.; And Others

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

  3. 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…

  4. 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…

  5. 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…

  6. 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…

  7. 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…

  8. 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…

  9. Understanding the legal implications of living wills.

    PubMed

    Haas, Fiona

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

  10. Brain death: legal obligations and the courts.

    PubMed

    Burkle, Christopher M; Pope, Thaddeus M

    2015-04-01

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

  11. 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. Copyright © 2015. Published by Elsevier Ltd.

  12. Commentary: parricides unanswered questions, methodological obstacles, and legal considerations.

    PubMed

    Hillbrand, Marc; Cipriano, Traci

    2007-01-01

    Unanswered questions about parricide abound. The scientific literature on parricide is modest and plagued by several methodological problems. In the present article, we seek to describe these problems, propose possible remedies, and review the legal considerations related to parricide. The rarity of the phenomenon creates significant barriers to the collecting of data about it. Moreover, generalization from any one study of parricide is also limited due to the low prevalence rate of the crime and ensuing difficulties with generating an unbiased sample of adequate size. The present article proposes strategies for accessing a statistically relevant sample size, in light of this low prevalence rate. Some of the remaining unanswered questions about parricide are also raised. Finally, legal questions surrounding criminal responsibility are explored.

  13. 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. Copyright (c) 2005 John Wiley & Sons, Ltd.

  14. The Legal Landscape of Concussion: Implications for Sports Medicine Providers.

    PubMed

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

    2016-09-01

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

  15. 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

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

    PubMed

    Oz, Sheri

    2013-01-01

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

  17. Geriatrics and the Legal System.

    PubMed

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

    2017-06-01

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

  18. Dermatological legal claims in Japan.

    PubMed

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

    2008-07-01

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

  19. Abortion laws into action: implementing legal reform.

    PubMed

    Gerhardt, A J

    1997-01-01

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

  20. 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.

  1. Victim advocates' perceptions of legal work.

    PubMed

    Kolb, Kenneth H

    2011-12-01

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

  2. 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

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

    PubMed

    Kapp, Marshall B

    2016-10-14

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

  4. 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

  5. From refugees to immigrants: the legalization strategies of Salvadoran immigrants and activists.

    PubMed

    Coutin, S B

    1998-01-01

    "The legalization strategies pursued by Salvadoran immigrants and activists from the 1980s to the present demonstrate that migrants' and advocates' responses to policy changes reinterpret law in ways that affect future policy. Law is critical to immigrants' strategies in that [U.S.] legal status is increasingly a prerequisite for rights and services and that immigration law is embedded in other institutions and relationships. Immigration law is defined, however, not only when it is first formulated but also as it is implemented, enabling the immigrants who are defined according to legal categories to shape the definitions that categorization produces. Immigrants and activists also take formal legal and political actions, such as lobbying Congress and filing class action suits. Through such formal and informal policy negotiations, immigrants seek to shape their own and their nations' futures."

  6. Legal regulation of the Croatian Medical Journal: model for small academic journals.

    PubMed

    Marusic, Matko; Bosnjak, Darko; Rulic-Hren, Silva; Marusic, Ana

    2003-12-01

    During the last few years, the questions of editorial independence and journal governance have come into the focus of scholarly journals. There is little data on the legal regulation of journals outside mainstream science, although they constitute the largest body of biomedical literature. The Croatian Medical Journal functioned for more than 10 years without much legal regulation but with lot of enthusiasm and hard work. This Editorial presents our attempt to make legal provisions for the current status of the Journal and its future work. We defined our owners, main participants in making of the journal, and their responsibilities and benefits. The Agreement will be signed by all four medical schools in Croatia, which will become owners of the Journal. We hope that our experiences and solutions for strengthening the legal status of the Journal will help other editors from small scientific communities to think about their journal and its governance.

  7. [Marketability of food supplements - criteria for the legal assessment].

    PubMed

    Breitweg-Lehmann, Evelyn

    2017-03-01

    To be placed on the market legally, food supplements have to meet national and European food law regulations. This is true for all substances used as well as for the labeling on the packaging of and the advertising for food supplements. The food business operator is responsible for its compliance with all regulations. Therefore, in this article, a concise step-by-step assessment is presented, covering all necessary legal requirements to market food supplements. Additionally, all steps are visualized in a flow chart. All vitamins, minerals and other substances used have to meet the legal conditions. Food business operators have to make sure that their products do not contain medicinal ingredients based on their pharmacologic effect. It is prohibited to place medicinal products as food supplements on the market. Furthermore, food business operators have to make sure that their products are not non-authorized novel foods according to the novel food regulation (EC) no. 258/97. Also, food supplements have to meet the requirements of article 14 of Regulation (EC) No. 178/2002 concerning the safety of foodstuff. Food shall not be placed on the market if it is unsafe. For food supplements that fail the German food-related legal standards but are legally manufactured in another EU member state or are legally put into circulation, the importer requires the so-called general disposition, which must be applied for at the BVL according to § 54 of the German Food and Feed Act. Another possibility for food which fails to meet German food law is to apply for a certificate of exemption according to § 68 of the Food and Feed Act. The food business operator has to meet the harmonized regulations concerning maximum and minimum levels of additives, flavors and enzymes. The packaging has to meet the compulsory labeling as well the voluntary labeling, like health claims. The BVL is also the relevant authority for other tasks concerning food supplements. A figure shows all

  8. 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.

  9. 40 CFR 52.526 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

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

  10. 40 CFR 52.526 - Legal authority.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

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

  11. 40 CFR 52.526 - Legal authority.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

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

  12. 40 CFR 52.526 - Legal authority.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

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

  13. 40 CFR 52.2726 - Legal authority.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

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

  14. 40 CFR 52.2726 - Legal authority.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

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

  15. 40 CFR 52.2726 - Legal authority.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

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

  16. Dementia and legal determination of capacity.

    PubMed

    Delineau, Valeska Maria Eboli Bello; Schultz, Rodrigo Rizek

    2017-06-01

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

  17. Legal education for scientists at Fall Meeting

    NASA Astrophysics Data System (ADS)

    Uhlenbrock, Kristan

    2012-10-01

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

  18. 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)

  19. 45 CFR 1321.71 - Legal assistance.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

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

  20. 45 CFR 1321.71 - Legal assistance.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

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